[Adopted 12-21-1971 as Ch. XII, Sec. 12-5, of the 1971 Code]
This Article is enacted pursuant to the authority of Chapter 66 of the Laws of 1962, N.J.S.A. 40:48-2.12a et seq.
As used in this article, the following terms shall have the meanings indicated:
BUILDING
Any structure enclosed within exterior walls or fire walls, built, erected and framed of components, structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
ENFORCEMENT OFFICER
The Construction Official of the Township.
STRUCTURE
Any assembly of materials forming a construction for occupancy or use, including, without exclusion, buildings, stadiums, tents, stands, platforms, stagings, towers, tanks, trestles, piers, wharves, sheds, bins, fences, retaining walls and display signs.
Whenever it appears to the enforcement officer, after all inspection, that any building or structure is so old, dilapidated or out of repair or so located, maintained or used as to render such building or structure unsafe and a hazard inimical to the health and safety of the occupants of the building or structure or to the general public; or whenever he determines that a building or structure is being maintained in violation of the Building Code, he shall serve upon the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure or requiring the unsafe building or structure or portion thereof to be demolished within a reasonable time. Such notice shall also require the person notified immediately to declare to the Construction Official his acceptance or rejection of the terms of the order.
The notice shall be served upon the owner, agent or person in control either personally or by registered or certified mail, but if the whereabouts of the person are unknown and cannot be ascertained in the exercise of reasonable diligence, and the enforcement officer shall make an affidavit to that effect, then the serving of such notice may be made by publishing the notice once each week for two successive weeks in a newspaper printed and published in the Township or, in the absence of such newspaper, in one printed and published in the county and circulating in the Township. A copy of the notice shall also be posted in a conspicuous place on the premises affected by the complaint or order.
Within the time limit in the notice, the owner, agent or person in control may apply, in writing, for a hearing before the enforcement officer. In such event, a hearing date shall be appointed not less than 10 nor more than 20 days from the date the request is received. The owner, agent or person in control shall have the right to appear at the hearing in person, or by attorney, to give testimony, produce witnesses and cross-examine witnesses against him. The rules of evidence prevailing in the courts shall not be controlling.
After the hearing, the enforcement officer shall determine whether a violation exists. If so, he shall make an order requiring the owner, agent or person in charge to make the required repairs or improvements or to demolish the building or structure, within such time, not to exceed 60 days, as he shall deem reasonable. In the event that the enforcement officer shall determine that no violation exists, an order to that effect shall be made and the proceeding shall forthwith terminate.
In the event that the owner, agent or person in control of a building or structure shall fail to effect the required repairs, improvements or demolition within the time specified in the notice or order, the enforcement officer shall immediately advise the Township Council of such fact. The Township Council may by resolution provide for the required repairs, improvements or demolition of the building or structure as necessary to abate the nuisance, to correct the defect or to put the premises in proper condition so as to comply with the requirements of any state law or ordinance of the Township.
Upon the expenditure of Township funds for the purposes set forth in § 121-37, the Township Committee shall, by resolution, certify the amount to the Tax Collector. The amount so certified shall be a municipal lien on the real estate affected in like manner as real estate taxes assessed against the property and shall be collected in the same manner. The remedy provided by this article shall be in addition to any other remedy provided by any law or ordinance and also in addition to any penalty for violation of this article.
Upon finding that a condition, nuisance or violation described in this article constitutes an immediate danger to the health, welfare or safety of persons in the Township, the Township Council may adopt a resolution authorizing summary abatement of such condition, nuisance or violation, notwithstanding the pending of a request for a hearing. The resolution shall indicate the need for summary action and the reasons therefor. In the event of such summary action, the provisions of § 121-38 shall apply.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine not exceeding $50 for the first offense, $250 for a second offense and $500 for a third offense; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days. All fines to include costs of court.