[Adopted 10-26-1995 by Ord. No. 26-1995 as Sec. 12-14 of the 1994 Code]
As used in this article, the following words
shall have the meanings set forth:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building or any who are in actual possession thereof.
Any housing authority or any 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 to other
activities concerning buildings in the Township.
A.
It has been found and declared that there exists in
the Township building or buildings, or parts thereof, 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.
B.
It is, therefore, necessary to exercise the police
powers of the Township to repair, close or demolish, or cause or require
the repairing, closing or demolition of such building or buildings,
or part thereof, in the manner provided by law.
[Amended 10-4-2001 by Ord. No. 31-2001]
The Housing Inspector, or his/her designee,
is hereby designated and appointed as the public officer to exercise
the powers prescribed by this article.
[Amended 10-4-2001 by Ord. No. 31-2001]
A.
Whenever a petition is filed with the Housing Inspector
by a public authority or by at least five residents of the Township
charging that a building is unregistered as a rental unit or unfit
for human habitation, occupancy or use, or whenever it appears to
the Housing Inspector or his/her authorized representative that any
building is unregistered as a rental unit or unfit for human habitation,
occupancy or use, the Housing Inspector shall make a preliminary investigation.
If the investigation discloses a basis for such charges, he/she shall
issue and cause to be served upon the owner and parties in interest
of such building a complaint stating the charges in that respect.
After notice and hearing, the Construction Code
Official may determine that the building under consideration is unfit
for human habitation, occupancy or use if he/she finds that conditions
exist in such building 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 the Township. Such conditions may,
among other things, include the following:
If, after the notice and hearing, the Construction
Code Official determines that the building under consideration is
unfit for human habitation, occupancy or use, he/she shall state in
writing his/her findings of fact in support of such determination.
Upon a finding of unfitness, the Construction
Code Official shall issue and cause to be served upon the owner thereof
and parties in interest an order requiring the repair, alteration
or improvement of the building to be made within a reasonable time,
which time shall be set forth in the order. The order shall give the
option to the owner to vacate or have the building vacated and closed
within the time set forth in the order.
[Amended 10-4-2001 by Ord. No. 31-2001]
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 building
within the time specified in the order to repair, then the owner shall
be required by a further order to remove or demolish the building
within a reasonable time, as specified in such order of removal.
[Amended 10-4-2001 by Ord. No. 31-2001]
All orders shall be served upon the owner and parties in interest in the manner provided in § 179-64D of this Code.
[Amended 10-4-2001 by Ord. No. 31-2001]
A.
Repair or closure by Township.
(1)
If the owner fails to comply with an order to repair,
alter or improve, or, at the option of the owner, to vacate and close
the building, the Uniform Construction Code Official or the Township
Municipal Judge may cause such building to be repaired, altered or
improved, or to be vacated and closed. The Housing Inspector shall
cause to be posted on the main entrance to 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." The placard shall also include the following:
(a)
Name of the Township.
(b)
The name of the authorized department having
jurisdiction.
(c)
The chapter and section of the ordinance under
which it is issued.
(d)
An order that the dwelling or multifamily dwelling
when vacated shall remain vacant until the provisions of the order
are complied with and the order to vacate is withdrawn.
(e)
The date that the placard is posted.
(f)
A statement of the penalty for defacing or removal
of the placard.
(2)
No person shall deface or remove the placard from
any dwelling or multifamily dwelling which has been declared or placarded
as unfit for human habitation except by authority, in writing, from
the Housing Inspector.
B.
Demolition by Township. If the owner fails to comply
with an order to remove or demolish the building, the Uniform Construction
Code Official may cause such building to be removed or demolished,
or he/she may contract for the removal or demolition thereof after
advertisement for and receipt of bids therefor.
C.
Cost to be a lien; sale of materials. The cost of filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this article determined in favor of the Township, and the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, as the case may be, shall be a municipal lien against the real property upon which such cost was incurred. If the building is caused to be removed or demolished by the municipality, the municipality shall attempt to sell the materials of such building. The proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building shall be credited against the cost of the removal or demolition thereof. If there are no such credits, or if the total sum of such costs exceeds the total of such credits, a detailed statement of such costs and the amount due, less any credits, shall be filed as a lien certificate with the Township Tax Collector and a copy thereof shall be served forthwith upon the owner in the manner set forth in § 179-64D of this Code.
[Amended 10-4-2001 by Ord. No. 31-2001]
Any dwelling or multifamily dwelling which has
been declared and placarded as unfit for human habitation by the Uniform
Construction Code Official shall be vacated within a reasonable time,
as required by the Uniform Construction Code Official. The owner or
operator of such dwelling shall not lease the dwelling or portion
thereof to any person for human habitation. No person shall occupy
any dwelling or multifamily dwelling which has been declared or placarded
by the Housing Inspector as unfit for human habitation after the date
set forth in the placard.
[Amended 10-4-2001 by Ord. No. 31-2001]
No dwelling or multifamily dwelling which has
been declared or placarded as unfit for human habitation shall again
be used for human habitation until written approval is secured from
the construction code official. The Housing Inspector shall remove
the placard whenever the defect or defects upon which the declaration
and placarding action were based have been eliminated and a continued
certificate of occupancy has been issued.
[Amended 10-4-2001 by Ord. No. 31-2001]
If for any reason a building remains vacant
or untended for a period of 120 days, the owner shall secure all windows,
doors, and other openings so that access into the building is prevented.
The owner of any such dwelling shall not cause or permit such dwelling
to be used in whole or in part for living purposes until the structure
has been rehabilitated in accordance with the provisions of this article
and a certificate of occupancy or a continued certificate of occupancy
has been issued.
[Amended 10-4-2001 by Ord. No. 31-2001]
A.
The Housing Inspector is hereby authorized to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this section, including the following
powers, in addition to others herein granted:
(1)
To investigate building conditions in the Township
in order to determine which buildings therein are unfit for human
habitation, occupancy or use.
(2)
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;
(3)
To delegate any of his/her functions and powers under
this article to such assistants and other employees as he/she may
require in the performance of his/her duties.
B.
Nothing in this section shall be construed to abrogate
or impair the power of the Township or any officer or department to
enforce any provisions of its charter, or its ordinances or regulations,
nor to prevent or punish violations thereof, and the powers conferred
by this section shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance.
C.
Nothing in this article 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 article intended to limit the
authority of the enforcing agency or Construction Official under the
State Uniform Construction Code, Act (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.[1]
In the event the public officer finds that the
condition of any building is such that it presents an immediate danger
to the public health or safety, the public officer, without prior
notice, may cause the building to be closed or vacated. The owner
or other party in interest shall be entitled to a hearing before the
Construction Code Official to contest such action. Such hearing shall
be held within two business days of the request for same being received
by the Township Clerk, unless a longer time is consented to by the
applicant.
In addition to the rights of appeal provided in §§ 179-43 and 179-47, any person aggrieved by any order issued by the public officer under this article, or any decision of the construction code official, may, within 30 days after the posting and service of such order or decision, bring an action for injunctive relief to restrain the public officer from carrying out the provisions of the order and for any other appropriate relief, in accordance with N.J.S.A. 40:48-2.8.
