[Adopted 12-21-1971 as Ch. XII, Sec. 12-2, of the 1971 Code]
[Added 3-21-1973 by Ord. No. G-16-73]
The Housing Code shall be under the jurisdiction of the Building Department, and all references to "Building Department" in §§ 121-13 through and including 121-22 and references to the "State Housing Code" are hereby amended wherever referred to so that the jurisdiction for the inspections and enforcement thereof shall be with the Building Department above referred to and those persons appointed by the Township Committee under this article.
In accordance with the provisions of 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 on January 31, 1962, is hereby adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use and governing the condition of dwellings. A copy of the New Jersey State Housing Code is attached to and made a part of this article, 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. The Building Department shall be the enforcing authority for the New Jersey State Housing Code and this article.
[Amended 12-4-1979 by Ord. No. G-171-79; 3-1-1983 by Ord. No. G-226-83; 10-21-2003]
Whenever a petition is filed with the Township Construction Official by a housing authority or an officer who is in charge of any department or branch of the government of the Township, county or state relating to health, fire, building regulations or other authorities concerning buildings or in the Township premises charging that a building or premises is unfit for human habitation or occupancy or injurious to the health or safety of its occupants or occupants of the Township (such conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair or structural defects; uncleanliness; or the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises); or whenever it appears to the Building Department that any building is unfit for human habitation or occupancy, it shall, if its preliminary examination discloses a basis for such charges, issue and cause to be served upon the owner or parties of interest in the dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Building Department, at a place therein fixed, not less than seven days nor more than 30 days after serving 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 place and time fixed in the complaint and that the rules of evidence prevailing in courts of law or equity shall not be controlling in a hearing before the Building Department.
[Amended 12-4-1979 by Ord. No. G-171-79; 10-21-2003]
If, after the notice of hearing, the Building Department determines that the building under consideration is unfit for human habitation or occupancy, he shall set forth in writing his findings of fact in support of the 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 have said building vacated or closed within the time set forth in the order; and/or
B. 
Requiring the owner to remove or demolish said building within a reasonable time as specified in said order for removal if the building is in such condition as to make it dangerous to the health or 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.
[Amended 12-4-1979 by Ord. No. G-171-79]
A. 
Repair. If the owner fails to comply with an order to repair, alter or improve or, at his option, to vacate and close the dwelling, the Building Department may cause it to be repaired, altered or improved or to be vacated and closed; and the Building Department may cause to be posted on the main entrance of any dwelling so closed a placard with the following words:
[Amended 10-21-2003]
"This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
B. 
Demolition. If the owner fails to comply with an order to remove or demolish the dwelling, the Building Department may cause it to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
[Amended 12-4-1979 by Ord. No. G-171-79]
The cost of repairs, alterations or improvements or vacating and closing, removal or demolition shall be a municipal lien against the real property upon which the cost was incurred. If the dwelling is removed or demolished by the Building Department, it shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition thereof, including the clearance and, if necessary, leveling of the site. Any balance remaining shall be deposited in the Superior Court of New Jersey, Chancery Division, by the public officer, shall be secured in such manner as may be directed by the Court and shall be disbursed by the Court to the persons found to be entitled to it by final order or decree of the 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.
[Added 12-4-1979 by Ord. No. G-171-79]
A. 
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Building Department 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.
B. 
Nothing in this article 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 proceeding or otherwise, nor is anything in this article 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.
The Building Department shall exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, in addition to others herein granted, the following:
A. 
To investigate dwelling conditions in the Township in order to determine which dwellings are unfit for human habitation.
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 a 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 it deems necessary to carry out the purposes of this article.
E. 
To delegate any of its functions and powers under this article to such officers and agents as it may designate.
The Building Department shall make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township, in order that it may perform its duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making inspection, examination and survey, the Building Department shall enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises, and the owner, occupant or person in charge thereof shall give the Building Department free access thereto. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of the dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
No person shall occupy as owner or occupant or shall 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.
[Amended 10-21-2003; 3-25-2008]
The records of the Building Department concerning work done by it or its designated agent in connection with this article and the Code to which it refers shall be public records. Upon request duly submitted in accordance with Chapter 239, Government Records, of the Township Code, the Building Department shall make a search and issue a certificate of any of its records, including violations, and shall collect a fee as provided for in Chapter 239, for each search at each location.
No officer, agent or employee of the Township, including the Building Department, shall render itself personally liable for any damage that may accrue to persons or property as the result of any acts required or permitted in the discharge of its duties under this article. Any suit brought against the Building Department, its designated agent or any other officer, agent or employee of the Township as the result of any act required or permitted in the discharge of its duties under this article shall be defended by the Township Attorney until the final determination of the proceedings therein.
[Amended 10-21-2003]
Nothing in this article shall be construed to abrogate or impair the power of the Township or any officer or department to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this article shall be in addition and supplemental to the powers conferred upon the Township by any other law or ordinance.
[Added 12-4-1979 by Ord. No. G-171-79]
Complaints or orders issued by the Building Department pursuant to this article 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 Building Department in the exercise of reasonable diligence, and the Building Department 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 or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the buildings are located. 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 County Recording Officer of the county in which the building is located.
[Added 12-4-1979 by Ord. No. G-171-79]
Any person aggrieved by an order issued by the Building Department under this act may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the Building Department from carrying out the provisions of the order and for any other appropriate relief. The Court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the Building Department shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Building Department.