[HISTORY: Adopted by the Township Committee
of the Township of New Hanover 10-10-1989 by Ord. No. 1989-5. Amendments noted where
applicable.]
The Township Health Officer and the Construction
Official be and are hereby designated as the public officers to exercise
the powers prescribed by this chapter and they shall serve in such
capacity without any additional salary.
For the purpose of this chapter, the public
officers or either of them may determine that a dwelling is unfit
for human habitation if he finds that conditions exist in such dwelling
which are dangerous or injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or other
residents of the Township. Such conditions may include the following
(without limiting the generality of the forgoing): defects therein
increasing the hazards of fire, accident or other calamities; lack
of adequate ventilation, light or sanitary facilities; dilapidation;
disrepair; structural defects; or uncleanliness.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Pursuant to the provisions of P.L. 1946, c.
21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved
by the Department of Community Affairs 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 or occupancy or use.
Three copies of the New Jersey State Housing
Code 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.
Whenever a petition is filed with either of
the public officers by a public authority, as defined in N.J.S.A.
40:48-2.4, or by at least five residents of the Township charging
that any dwelling is unfit for human habitation, as herein defined,
or whenever it appears to either public officer (on his own motion)
that any dwelling is unfit for human habitation, as herein defined,
he shall, if his preliminary investigation discloses a basis for such
charges, issue and cause to be served upon the owner of and parties
in interest in such dwelling a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the public officer (or his designated agent) at a place therein fixed
not less than seven days nor more than 30 days after the serving of
the complaint; 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 public
officer.
If, after such notice and hearing, the public
officer determines that the dwelling under consideration is unfit
for human habitation, as herein defined, he shall state, in writing,
his 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:
A.
Requiring 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,
to vacate or to have said building vacated and closed within the time
set forth in the order.
B.
That, if the building is in such 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 the building within
the time specified in the order, the owner shall remove or demolish
the building within a reasonable time as specified in the order of
removal.
C.
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 public officer may cause such building
to be repaired, altered or improved or to be vacated and closed and
the public officer may cause to be posted in 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."
D.
That, if the owner fails to comply with an order to
remove or demolish the building, the public officer 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.
E.
That the amount of:
(1)
The cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this chapter shall be determined in favor
of the Township.
(2)
Such 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.
If the building is removed or demolished by the public officer, he
shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof, including the
clearance and, if necessary, leveling of the site, 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 public officer, 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. Any owner or party
in interest may, within 30 days from the date of the filing of the
lien, 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If an actual and immediate danger to life is
posed by the threatened collapse of any fire-damaged or other structurally
unsafe building, the public officer 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.
A.
Any building or buildings or parts thereof which have
been damaged to such an extent that nothing remains but the walls
or parts of the walls and other supports shall, regardless of the
safety and sturdiness of those remaining walls or parts thereof, be
deemed inimical to the welfare of the residents of the municipality
wherein they are located, and the municipality may exercise its police
powers to repair, demolish or cause the repairing or demolishing of
the building or buildings or parts thereof pursuant to P.L. 1942,
c. 112 (N.J.S.A. 40:48-2.3 et seq.) and the procedures set forth therein.
B.
Nothing in this chapter 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, nor is anything in this chapter 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.
Complaints or orders issued by the public officer
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 public officer in the exercise
of reasonable diligence and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the county. A copy of the 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 dwelling is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The public
officers are 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 in
addition to others herein granted:
(1)
To investigate the dwelling conditions in the Township
in order to determine which dwellings therein are unfit for human
habitation.
(2)
To administer oaths and affirmations, examine witnesses
and receive evidence.
(3)
To enter upon premises for the purpose of making examinations,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
(4)
To appoint and fix the duties of such officers, agents
and employees as they deem necessary to carry out the purposes of
this chapter.
(5)
To delegate any of their functions and powers under
this chapter to such officers and agents as they may designate.
B.
Any action
taken using revenues derived from the local property tax shall be
taken only after advertisement for, and receipt of, bids therefor,
pursuant to the provisions of the "Local Public Contracts Law," P.L.
1971, c. 198 (N.J.S.A. 40A:11-1 et seq.), unless the action is necessary
to prevent imminent danger to life, limb or property.
Nothing in this chapter shall be construed to
abrogate or impair the power of the Township or of 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.
