[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:
BUILDING
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.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building or any who are in actual possession thereof.
PUBLIC AUTHORITY
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.
B. 
The notice of violation shall:
(1) 
Be in writing.
(2) 
Include a description of the real estate sufficient for identification.
(3) 
Specify the violation which exists and the remedial action required.
(4) 
Allow a reasonable time for the performance of any act required.
C. 
The complaint shall be served in the manner provided in § 179-64D.
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:
A. 
Defects therein increasing the hazards of fire, accident or other calamities.
B. 
Lack of adequate ventilation, toilet facilities, running water, light or sanitary facilities.
C. 
Dilapidation, disrepair, structural defects or uncleanliness.
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]
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.
D. 
Appeal by owner. 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 of New Jersey to contest the reasonableness of the amount or the accuracy of the costs set forth in the lien certificate.[1]
[1]
Editor's Note: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[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]
[1]
Editor's Note: Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.