[HISTORY: Adopted by the Township Council
of the Township of Maple Shade 10-1-1975 as Ch. 70 of the 1975 Code.
Amendments noted where applicable.]
[Amended 11-8-2012 by Ord. No. 2012-15[1]]
For purposes of administration and enforcement
of this chapter, the Burlington County Health Department is hereby
designated as Housing Inspector for the Township of Maple Shade and
shall exercise the powers prescribed by this chapter. All references
in this chapter to the "Housing Inspector" shall be deemed to mean
the Burlington County Health Department or its duly authorized agent.
[1]
Editor’s Note: This ordinance was repealed 7-26-2018
by Ord. No. 2018-11.
[Amended 3-2-1983 by Ord. No. 1983-4]
A.
For the purpose of this article, the Housing Inspector
may determine that a building is unfit for human habitation if he
or she finds that conditions exist in such building which are dangerous
or injurious to the health or safety of the occupants of such building,
the occupant of neighboring buildings or other residents of the Township
of Maple Shade.
B.
Such conditions may include the following without
limiting the generality of the foregoing:
[Amended 11-8-2012 by Ord. No. 2012-15[1]]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1), the New Jersey State Housing Code as approved by the Departments
of Health and Conservation and Economic Development and filed in the
Secretary of State's office is hereby accepted, adopted and established
as a standard to be used as a guide in determining the fitness of
a building for human habitation, occupancy or use. A copy of the New
Jersey State Housing Code is annexed to the ordinance adopting this
chapter, and three copies of the same have been placed on file in
the office of the Township Clerk and are available to all persons
desiring to use and examine the same.
[1]
Editor’s Note: This ordinance was repealed 7-26-2018
by Ord. No. 2018-11.
Whenever the Health Officer finds that an emergency
exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this article, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately but, upon petition to the Health Officer, shall
be afforded a hearing as soon as possible. After such hearing, depending
upon his findings as to whether the provisions of this article and
of the rules and regulations adopted pursuant thereto have been complied
with, the Health Officer shall continue such order in effect, modify
it or revoke it.
[Amended 3-2-1983 by Ord. No. 1983-4; 9-20-2000 by Ord. No.
2000-11]
Whenever a petition is filed with the Housing
Inspector by a public authority, as defined in N.J.S.A. 40:48-2.4,
or by at least five residents of the municipality, charging that any
building is unfit for human habitation as herein defined, or whenever
it appears to the Housing Inspector on his or her own motion that
any building is unfit for human habitation as herein defined, he or
she shall, if his or her preliminary investigation discloses a basis
for such charges, issue and cause to be served upon the owner of and
parties in interest in such building a complaint stating the charges
in that respect and containing a notice that a hearing will be held
before the Housing Inspector or his or her designated agent at a place
therein fixed not less than seven days nor more than 30 days after
the serving of said complaint. Such notice shall also state that the
owner and parties in interest shall be given the right to file an
answer to the complaint and to appear in person or otherwise and give
testimony at the time and place fixed in the complaint, and that the
rules of evidence prevailing in courts of law or equity shall not
be controlling in hearings before the Housing Inspector.
A.
If, after such notice and hearing, the Housing Inspector
determines that the building under consideration is unfit for human
habitation as herein defined, he or she shall state in writing his
or her findings of fact in support of such determination and shall
issue and cause to be served upon the owner thereof and parties in
interest an order containing the following requirements and/or provisions:
[Amended 3-2-1983 by Ord. No. 1983-4]
(1)
The repair, alteration or improvement of said building
to be made by the owner within a reasonable time, which time shall
be set forth in the order, or, at the option of the owner, the vacation
and closing of said building within the time set forth in the order.
(2)
If the building is in such a condition as to make
it dangerous to the health and safety of persons on or near the premises
and the owner fails to repair, alter or improve said building within
the time specified in the order, that the owner remove or demolish
the said building within a reasonable time as specified in the said
order of removal.
(3)
That, if the owner fails to comply with an order to
repair, alter or improve, or, at the option of the owner, to vacate
and close the building, the Housing Inspector may cause such building
to be repaired, altered or improved, or to be vacated and closed;
and that the Housing Inspector may cause to be posted on the main
entrance of any building so closed, a placard with the following words:
"This building is unfit for human habitation or occupancy or use;
the use or occupation of this building is prohibited and unlawful."
(4)
That, if the owner fails to comply with an order to
remove or demolish the building, the Housing Inspector may cause such
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for and receipt of bids
therefor.
(5)
That the amount of the cost of the filing of legal
papers, expert witnesses' fees, search fees and advertising charges
incurred in the course of any proceedings taken under this chapter
determined in favor of the municipality; and the cost of such repairs,
alterations or improvements, or vacating and closing, or removal or
demolition, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials
derived from such building or from any contract for removal or demolition
thereof, shall be a municipal lien against the real property upon
which such cost was incurred.
B.
If the building is removed or demolished by the Housing
Inspector, he or she shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof
the proceeds of any sale of such materials or any sum derived from
any contract for the removal or demolition of the building. If there
are no such credits or if the sum total of such costs exceeds the
total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Municipal Tax Assessor
or other custodian of the records of tax liens and a copy thereof
shall be forthwith forwarded to the owner by registered mail. If the
total of the credits exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Housing Inspector, shall
be secured in such manner as may be directed by such Court and shall
be disbursed according to the order or judgment of the Court to the
persons found to be entitled thereto by final order or judgment of
such Court; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the municipality
to define and declare nuisances and to cause their removal or abatement
by summary proceedings or otherwise.
C.
Any owner or party in interest may, within 30 days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[Amended 9-20-2000 by Ord. No. 2000-11]
D.
If an actual and immediate danger to life is posed
by the threatened collapse of any fire damaged or other structurally
unsafe building, the Housing Inspector may, after taking such measures
as may be necessary to make such building temporarily safe, seek a
judgment in summary proceedings for the demolition thereof.
[Added 9-20-2000 by Ord. No. 2000-11]
E.
Nothing in this section shall be construed to impair
or limit in any way the power of the township to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise, nor is anything in this act intended to limit the authority
of the enforcing agency or Construction Official under the State Uniform
Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.),
or any rules or regulations adopted thereunder.
[Added 9-20-2000 by Ord. No. 2000-11]
[Amended 3-2-1983 by Ord. No. 1983-4]
Complaints or orders issued by the Housing Inspector
pursuant to this chapter shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Housing Inspector in the
exercise of reasonable diligence, then the Housing Inspector shall
make an affidavit to that effect, and the serving of such complaint
or order upon such persons may then be made by publishing the same
once each week for two successive weeks in a newspaper printed and
published in the Township of Maple Shade. A copy of such complaint
or order shall be posted in a conspicuous place on the premises affected
by the complaint or order, and a copy of such complaint or order shall
be duly recorded or lodged for record with the county recording officer
of the county in which the building is located.
The Housing Inspector is hereby authorized and
empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others herein granted:
A.
To investigate the building conditions in the Township
of Maple Shade in order to determine which buildings therein are unfit
for human habitation.
[Amended 3-2-1983 by Ord. No. 1983-4]
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
Nothing in this chapter shall be construed to
abrogate or impair the power of the Township or any officer or department
to enforce any provisions of its charter or its ordinances or regulations
nor to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance.
[Amended 3-2-1983 by Ord. No. 1983-4]
The owner or occupant of every building, building
unit and rooming unit or the person in charge thereof shall give the
Housing Inspector, or any agent designated by the governing body for
such purpose, free access to such building, building unit or rooming
unit and its premises at all reasonable times for the purpose of inspection,
examination and survey. Every occupant of a building or building unit
shall give the owner thereof or his or her agent or employee access
to any part of such building or building unit or its premises at all
reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
[Amended 3-2-1983 by Ord. No. 1983-4]
No person shall occupy as owner-occupant or
rent to another for occupancy any building or building unit for the
purpose of living therein which does not conform to the provisions
of the New Jersey State Housing Code established hereby as the standard
to be used in determining whether a building is safe, sanitary and
fit for human habitation.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No.
2000-11; 10-19-2005 by Ord. No. 2005-15; 2-15-2006 by Ord. No.
2006-1; 4-16-2008 by Ord. No. 2008-07]
Any person who shall violate any provisions of this chapter, upon conviction, shall be subject to the penalty as provided in Chapter 1, Article II, herein.[1]
[1]
Editor's Note: Former Article II, Certificate of Approval,
adopted 11-8-2012 by Ord. No. 2012-15, which immediately followed
this section, was repealed 10-23-2014 by Ord. No. 2014-18.
