A.
Whenever the enforcement official determines that
there has been a violation or that there are reasonable grounds to
believe that there has been a violation of any provisions of this
chapter or of any rule or regulation adopted pursuant thereto, he
shall serve notice of such violation or alleged violation upon the
person or persons responsible therefor. Such notice shall be in writing
and shall contain:
(1)
A description of all real estate sufficient for identification.
(2)
A statement of the reason or reasons why the violation
is being issued.
(3)
A provision allowing a reasonable time for the compliance
with the chapter or correction of the violation.
(4)
An explanation of the rights of the person upon whom
the notice has been served to seek modification or withdrawal of the
notice of petition to the Township Administrator for a hearing.
(5)
A statement that any notice served pursuant to this
section shall automatically become an order and any permit which has
been suspended by a notice shall be deemed to be revoked if a written
petition for a hearing is not filed in the office of the Township
Administrator within 10 days after such notice is served.
(6)
The form, if any, of a petition for a hearing, which
shall be attached to the notice and shall show the place to which
such petition must be sent.
B.
Such notice may contain an outline of remedial action,
which, if taken, will effect compliance with the provisions of this
chapter and with the rules and regulations adopted pursuant thereto.
Whenever repairs, additions, alterations or
replacements are required to the building or facilities, this notice
shall direct that the person in violation shall make application to
the Building Inspector, Plumbing Inspector or Electrical Inspector
for the appropriate permit to cover such requirements.
A.
Notices issued by the Township Administrator pursuant
to this section shall be served upon the owner and parties in interest,
or the operator or the occupant or any person, as the case may require,
either personally or by leaving a copy thereof at his usual place
of abode, in the presence of a member of the family who shall be informed
of the contents thereof or, if not found, by registered or certified
mail, return receipt requested, to his last known address.
B.
If the whereabouts of such persons is unknown and
the same cannot be ascertained by the Township Administrator, the
serving of such notice upon such persons may be made by publishing
the same once a week for two successive weeks in a newspaper printed
and published in the Township of Burlington. A copy of such notice
shall be posted in a conspicuous place on the premises affected by
the notice and shall be duly recorded or lodged for record in the
Office of the Township Clerk.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision 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 Township Administrator,
provided that such person shall file in person or by mail in the office
of the Township Administrator a written petition requesting such hearing
within 10 days after the day the notice was served.
B.
Upon receipt of such petition, the Township Administrator
shall set a time and place of such hearing within 30 days therefrom
and shall give the petitioner and the enforcement official five days'
written notification thereof.
C.
At any hearing held in accordance with this section,
the petitioner shall be given an opportunity to be heard and to show
cause why such notice should be modified or withdrawn.
D.
The Township Administrator shall have the power to
administer oaths and affirmations in connection with the conduction
of any such hearing, and the rules of evidence prevailing in the courts
shall not be controlling in any such hearings.
After hearing, the Township Administrator 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 Township
Administrator sustains or modifies such notice, it shall be deemed
to be an order. The proceedings at such hearing, including the findings
and decision of the Township Administrator, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Township Clerk. Such record shall also include a copy of every
notice or order issued in connection with the matter. Any person aggrieved
by the decision of the Township Administrator may seek relief therefrom
in any court of competent jurisdiction as provided by the laws of
the state.
If after such notice and hearing the Township
Administrator determines that the unit under consideration is unfit
for human habitation, he shall state in writing his findings of fact
and serve upon the owner thereof and parties in interest an order
requiring:
A.
The repair, alteration or improvement of the said
structure 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 structure vacated and closed within the
time set forth in the order.
B.
The structure be removed or demolished as it was found
to be dangerous to the health and safety and/or welfare of persons
on or near the premises and the owner's failure to repair, alter or
improve the said structure requires that the owner remove or demolish
the said structure within a reasonable time as specified in the said
order.
A.
If the owner fails to comply with an order to repair,
alter, improve, remove or demolish the structure, or if appropriate
in accordance with the order the owner may at his option vacate and
close the structure, the enforcement official may cause such structure
to be repaired, altered, improved, vacated and closed or demolished.
The enforcement official may cause to be posted on the main entrance
of any structure vacated and closed, a placard with the following
words: "This building is unfit for human habitation or occupancy or
use; the use or occupancy of this building is prohibited and unlawful."
The enforcement official may cause a structure to be removed or demolished
or may contract for the removal or demolition thereof after advertisement
for and receipt of bids thereof.
B.
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 to be determined in favor
of the municipality, and 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 said structure 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 structure is removed or demolished by the enforcement official,
he shall sell the materials of such structure. 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, the sum total of such 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 enforcement official, shall be secured in such a manner as
may be directed by such Court and shall be disbursed according to
the order or judgment of the Court to the person found to be entitled
thereto by final order or judgment of such Court; provided, however,
that nothing in this subsection 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. 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.
Whenever the enforcement official finds that
an emergency exists which requires immediate action to protect the
public health, safety and/or welfare, he may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as the enforcement official deems necessary
to meet the emergency. Notwithstanding the other provisions of this
chapter, such an order shall be effective immediately. Any person
to whom such an order is directed shall comply therewith immediately,
but upon petition to the Township Administrator 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 the
rules and regulations adopted pursuant thereto have been complied
with, the Township Administrator shall continue such order in effect
or modify it or revoke it.
