[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]
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"This building is unfit for human habitation
or occupancy or use; the use or occupation of this building is prohibited
and unlawful."
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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.
