[HISTORY: Adopted by the Township Committee
of the Township of Andover 10-30-1973 as § 12-3 of the 1973
Code; as amended through Ord. No. 94-13. Subsequent amendments noted
where applicable.]
In accordance with the provision of Chapter
21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.) the New Jersey State Housing
Code (1980 Revision), 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
whether dwellings in this municipality are safe, sanitary and fit
for human habitation and rental. A copy of the New Jersey State Housing
Code is attached to and made a part of this chapter without the text
being included herein.
Three copies of the New Jersey State Housing
Code have been placed on file in the office of the Clerk for the use
and examination of the public.
The administrative and enforcing authority for
the provisions of this chapter shall be the Construction Official
and/or the Health Officer as appointed by the Board of Health.
This chapter shall constitute the standards
to guide the Building Inspector in determining the fitness of any
dwelling, dwelling unit, rooming unit or premises for human habitation,
use or occupancy.
The Building Inspector may make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of making the provisions of this chapter more effective. No
regulation shall be inconsistent with or alter or amend any provision
of this chapter, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this chapter. Rules
and regulations shall be subject to the same penalty as other violations
of this chapter.
The Building Inspector or his agent or employee
shall make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Township. For
the purpose of making inspections, the Building Inspector or his agent
is authorized to enter and examine any dwelling, dwelling unit, rooming
unit or premises at such reasonable hours as the circumstances of
the case permit. This subsection shall not be construed to prohibit
the entry of the Building Inspector or his agent at any time when
an actual emergency exists which tends to create a danger to public
health or safety, or at any time when an inspection is requested by
an owner or occupant.
Upon presentation of proper identification to
the owner, occupant or person in charge of a dwelling, dwelling unit
or rooming unit, the Building Inspector or his agent shall be given
free access to the premises for the purpose of inspection or of making
any repairs or alterations which are necessary to effect compliance
with this chapter.
The Building Inspector or his agent may, upon
affidavit, apply to the Judge of the Municipal Court of the Township
for a search warrant setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that
a nuisance or violation of this chapter exists on the premises, and
if the Municipal Judge is satisfied as to the matter set forth in
the affidavit, he shall authorize the issuance of a search warrant
permitting access to and inspection of that part of the premises on
which the nuisance or violation may exist. Search warrants may also
be obtained in connection with a general program of inspection.
Whenever the Building Inspector determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he shall give notice of the alleged violation to
the person responsible therefor as hereinafter provided. The notice
shall:
A.
Be put in writing;
B.
Include a statement of the reasons why it is being
issued;
C.
Allow a reasonable time for the performance of any
act it requires;
D.
Be served upon the owner or his agent, or the occupant,
as the case may require, provided that notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him personally; or if a copy thereof
is sent by certified mail to his last known address; or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice; or if he is served with such notice by any
other method authorized or required under the laws of this state.
The notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this chapter,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Building Inspector,
provided that such person files in the office of the Building Inspector
a written petition requesting a hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice is served.
B.
Upon receipt of the petition, the Building Inspector
shall set a time and place for the hearing and shall give the petitioner
written notice thereof.
C.
At the hearing the petitioner shall be given an opportunity
to be heard and to show why the notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition is filed, provided that, upon application of
the petitioner, the Building Inspector may postpone the date of the
hearing for a reasonable time beyond the ten-day period, if in his
judgment the petitioner has submitted a good and sufficient reason
for the postponement.
D.
After the hearing the Building Inspector shall sustain,
modify or withdraw the notice, depending upon his findings as to whether
the provisions of this chapter and the rules and regulations adopted
pursuant thereto have been complied with. If the Building Inspector
sustains or modifies the notice, it shall be deemed to be an order.
E.
Any notice served pursuant to this chapter shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Building Inspector within 10 days after the notice
is served.
F.
The proceedings at the hearings, including the findings
and the decision of the Building Inspector, shall be summarized, reduced
to writing, and entered as a matter of public record in the office
of the Building Inspector. The record shall also include a copy of
every notice or order issued in connection with the matter.
G.
Any person aggrieved by the decision of the Building
Inspector may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state.
H.
Whenever the Building Inspector finds that an emergency
exists which requires immediate action to protect 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 chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Building Inspector
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been
complied with, the Building Inspector shall continue such order in
effect, modify it or revoke it.
Whenever a petition is filed with the Building
Inspector 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 defined in the code, or whenever
it appears to the Building Inspector on his own motion that any dwelling
is unfit for human habitation, 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 Building Inspector at a place therein
fixed not less than 10 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 complaints; and that the rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the Building
Inspector.
If after notice and hearing, the Building Inspector
determines that the dwelling under consideration is unfit for human
habitation, as defined in the Housing Code, 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 requiring:
A.
The repair, alteration or improvement of the building
to be made by the owner within a reasonable time, which shall be set
forth in the order, or at the option of the owner to vacate or to
have the building vacated and closed within the time set forth in
the order.
B.
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 the building within
the time specified in the order, that the owner shall remove or demolish
the building within a reasonable time as specified in the order of
removal.
C.
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, that the Building Inspector may cause such building
to be repaired, altered or improved, or to be vacated and closed;
that the Building 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."
D.
If the owner fails to comply with an order to remove
or demolish the building, that the Building Inspector may cause such
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement and receipt of bids therefor.
E.
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 determined in favor of the
Township.
(2)
The cost of 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.
F.
If the building is removed or demolished by the Building
Inspector, he shall sell the materials of such building. There shall
be credited against the cost of 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 certified mail. If the total of
the credits exceeds such costs, the balance remaining shall be deposited
in the Superior Court by the Building 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
that nothing in this chapter 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. Any owner or party in interest may, within 60 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.
A.
Complaints or orders issued by the Building Inspector
pursuant to this chapter shall be served upon persons either personally
or by certified mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Building Inspector in the
exercise of reasonable diligence, and the Building Inspector makes
an affidavit to that effect, then the serving of the complaint or
order upon such persons may be made by publishing the same once each
week for two successive weeks in a newspaper having circulation in
the Township.
B.
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 Sussex County recording officer.
The Building Inspector shall 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:
A.
To investigate the dwelling conditions in the Township
in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that such entries are made in such manner as to cause the
least possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this
chapter.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
No person shall occupy as owner or occupant,
or rent to another for occupancy, any dwelling or dwelling 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 dwelling is safe, sanitary and
fit for human habitation.
The owner of any building located within the
limits of the Township who desire to demolish it shall first obtain
a permit for that purpose from the Construction Official.
