[HISTORY: Adopted by the Township Council
of the Township of Burlington 8-22-1961 (Sec. 5:2 of the 1975 General Ordinances). Amendments noted
where applicable.]
It is hereby found and declared that the existence
or occupation of any building or buildings or parts thereof in the
Township of Burlington which are so old, dilapidated or have become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation or occupancy or use are inimical to the
welfare and dangerous and injurious to the health and safety of the
people of the Township of Burlington, and that a public necessity
exists for the repair, closing or demolition of such building or buildings
or parts thereof.
Whenever the proper officials of the Township
of Burlington designated herein find that there exists in the Township
of Burlington any building or buildings which are unfit for human
habitation or occupancy or use due to dilapidation, defects increasing
the hazards of fire, accidents or other calamities, lack of ventilation,
light or sanitation facilities, or due to other conditions rendering
such building or buildings or part thereof unsafe or unsanitary or
dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Township of Burlington, the
officials designated shall exercise the power vested under this chapter
and under its police powers to repair, close or demolish or cause
or require the repairing, closing or demolition of such building or
buildings, or part thereof, before rented or occupied if possible,
in the manner provided.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouse and appurtenances
belonging thereto or usually enjoyed therewith.
The Township Council of the Township of Burlington.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The officer, officers, board or body who is or are authorized
under this chapter to exercise the powers set forth in this chapter.
A.
Enforcement officials designated. The Building Inspector,
the Plumbing Inspector and Health Inspector are hereby designated
and appointed as the public body authorized to enforce the powers
set forth in this chapter.
B.
Enforcement standards. The public body may determine
that a building is unfit for human habitation or occupancy or use
if it finds that conditions exist in such buildings which are dangerous
or injurious to the health or safety of the occupants of such building,
the occupants of neighboring buildings or other residents of such
municipality; such conditions may include the following: defects therein
increasing the hazards of fire, accident or other calamities; lack
of adequate ventilation, light or sanitary facilities; dilapidation;
disrepair, structural defects; uncleanliness; failure to have included
in such building running water or inside toilet facilities, and insufficient
provision as to heating said premises.
C.
Additional powers. The public body or other official
designated under this chapter may exercise such powers as may be necessary
or convenient to carry out and effectuate the purpose and provisions
of this chapter, including but not limited to the following powers,
in addition to the others herein granted:
(1)
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
(2)
To administer oaths, 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 the public body deems necessary to carry out the
purposes of the chapter.
(5)
To delegate any of its functions and powers under
the chapter to such officers and agents as it may designate.
A.
Preliminary investigation; complaint; hearing. Whenever
a petition is filed with said public body by the Health Inspector
or any other officer in charge of any department or municipality relating
to health, fire, building regulations or activities concerning buildings
in the Township of Burlington or by at least five residents of the
Township of Burlington, charging that any building is unfit for human
habitation or occupancy or use, or whenever it appears to the public
body that any building is unfit for human habitation or occupancy
or use, the public body shall, if its 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 public body or its designated agent at a place
therein fixed not less than seven days nor more than 30 days after
the serving of said 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 place and
time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
body.[1]
B.
Process. A complaint or order issued by a public body
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 body in the exercise
of reasonable diligence, and the public body 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 municipality. A copy of such complaint or order
shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly
recorded or lodged for record with the Clerk of the Township of Burlington.[2]
C.
Subsequent order. After notice and hearing, if said
public body determines that the building under consideration is unfit
for human habitation or occupancy or use, it shall state in writing
its 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:
(1)
Requiring the repair, alteration or improvement of
the 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 have the said building vacated and closed within
the time set forth in the order; and
(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 the said building
within the time specified in the order, then the owner shall be required
to remove or demolish the said building within a reasonable time,
as specified in the said order of removal.
D.
Noncompliance.
(1)
If the owner shall fail to comply with the order to
repair, alter or improve or, at the option of the owner, to vacate
and close the building, the public body may cause such building to
be repaired, altered or improved or to be vacated and closed; the
public body 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."
(2)
If the owner fails to comply with an order to remove
or demolish the building, the public body may cause such building
to be removed or demolished.
(3)
Repairs, alterations or improvements, or vacating
or closing, or removal or demolition shall be a municipal lien against
the real property upon which such cost was incurred. The detailed
statement of the aforesaid costs shall be filed with the Municipal
Tax Assessor or other custodian of the records of tax liens, and that
a copy of the said detailed statement be forthwith forwarded to the
owner by registered mail. If the building is removed or demolished
by the public body, it shall sell the materials of such building and
shall credit the proceeds of such sale against the cost of the removal
or demolition, and any balance remaining shall be deposited in the
Superior Court, subject to the order of said Court. 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.[3]
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.
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, nor is anything in this chapter intended
to limit the authority of the Township 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.
