[HISTORY: Adopted by the Township Committee
of the Township of Egg Harbor 8-11-1982 by Ord. No. 43-1982. Amendments
noted where applicable.]
The Township Committee of the Township of Egg
Harbor finds that there exists in the Township of Egg Harbor buildings
which are unfit for human habitation, occupancy or use, due to dilapidation,
defects increasing hazards of fire, accidents or other calamities,
lack of ventilation, light or sanitation facilities and other conditions
which render such buildings, or parts 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 of Egg Harbor, and
the Township Committee of the Township of Egg Harbor desires to set
forth the procedures by which to exercise its police powers to repair,
close or demolish, or cause or require the repairing, closing or demolition
of such building or buildings, or parts thereof, in the manner prescribed
by N.J.S.A. 40:48-2.3 et seq., as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any garages or appurtenances
thereto or usually enjoyed therewith.
The Township Committee of the Township of Egg Harbor, or
such other legislative body charged with the governing of the Township
of Egg Harbor.
Egg Harbor Township in Atlantic County, New Jersey.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any officer who is in charge of any department or branch
of the government of the Township of Egg Harbor, government of the
County of Atlantic or government of the State of New Jersey relating
to health, fire, building regulations or to other activities concerning
buildings in the Township of Egg Harbor.
The Township official who is authorized by this chapter to
exercise the powers prescribed by this chapter and by N.J.S.A. 40:48-2.3
et seq.
The Township Committeeman having charge of the
Department of Inspections shall be the public officer designated to
exercise powers prescribed by this chapter.
A.Â
Whenever a petition is filed with the public officer
referred to above or with the Township Construction Code Official,[1] by a public authority or by at least five residents of
the Township of Egg Harbor, charging that any building is unfit for
human habitation or occupancy or use or whenever it appears to the
public officer on his own motion or the motion of the Township Construction
Code Official that any building is unfit for human habitation or occupancy
or use, the public officer or Township Construction Code Official
shall, if the preliminary investigation discloses a basis for such
charges, issue and cause to be served, in the manner prescribed by
this chapter, upon the owner of and parties in interest in such building,
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the public officer or his designated
agent at a place therein fixed not less than seven days nor more than
30 days after the serving of 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 the courts shall not be controlling in hearings before the public
officer or his designated agent.
B.Â
After such notice and hearing, if the public officer
or his designated agent determines that the building under consideration
is unfit for human habitation or occupancy or use, he shall set forth
in writing his findings of fact in support of such determination and
shall issue and cause to be served upon the owner thereof and parties
in interest, in the manner prescribed by this chapter, an order which
shall set forth the following:
(1)Â
Requiring the repair, alteration or improvement of
the 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 the building vacated and closed within a time as
set forth in the order; and
(2)Â
If the building is in such a 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 the building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within a reasonable time, which
time shall be set forth in the order of removal.
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 public officer or his designated agent
may cause such building to be repaired, altered or removed or to be
vacated and closed; the public officer may cause to be posted, on
the main entrance of 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."
If the owner fails to comply with the order
to remove or demolish the building, the public officer or his designated
agent may cause such building to be removed or demolished or may contract
for the removal or demolition thereof after advertisement for and
receipt of bids therefor. If the public officer causes the building
to be removed or demolished, repaired, altered or improved, vacated
or closed, the amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred in
the course of any proceeding taken under this chapter determined in
favor of the Township of Egg Harbor, and such costs of such repairs,
alterations or improvements, or vacating and closing, or removal or
demolition, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials
derived from such building or from any contract for removal or demolition
thereof, shall be a municipal lien against the real property upon
which such cost was incurred.
If the building is removed or demolished by
the public officer or his authorized agent, the materials of such
building shall be sold, and there shall be credited against the cost
of removal or demolition thereof, including the clearance and, if
necessary, leveling of the site, the proceeds of any sale of such
materials or any sum derived from any contract for the removal or
demolition of the building. If there are no such credits or the sum
total of such costs exceed the total of such credit, a detailed statement
of the aforesaid costs and the amount so due shall be filed with the
Municipal Tax Assessor or other custodian of the records of tax liens
and a copy thereof shall be forthwith forwarded to the owner by registered
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the public officer
or his authorized agent and shall be secured in such manner as may
be directed by such Court and shall be disbursed according to the
order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such 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.
If an actual and immediate danger to life is
posed by the threatened collapse of any fire-damaged or other structurally
unsafe building, the public officer or his designated agent 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.
Nothing in this chapter shall be construed to
impair or limit in any way the power of the Township of Egg Harbor
to define and declare nuisances and to cause their removal or abatement,
by summary proceedings or otherwise, nor is anything in this chapter
intended to limit the authority of the enforcing agency or Construction
Code Official under the State Uniform Construction Code Act, as amended,[1] or any regulations or rules adopted thereunder.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
The public officer or his designated agent may
determine that a building is unfit for human habitation or occupancy
or use if he finds that the 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 within the Township of Egg Harbor; such conditions may include,
without limitation to the generality thereof, the following:
A.Â
Defects therein increasing the hazards of fire, accident
or other calamities.
B.Â
Lack of adequate ventilation, light or sanitary facilities.
C.Â
Dilapidation.
D.Â
Disrepair or structural defects.
E.Â
Uncleanliness.
F.Â
A support member or members which has or have deteriorated
to such an extent as to be unable to safely support the applied loads
or which has improperly distributed loads upon the floors or roofs
or in which the same are overloaded or which have insufficient strength
to be reasonably safe for the purpose used.
G.Â
Electrical wiring that is dangerous due to lack of
insulation, improper fuses, inadequate grounding, lack of capacity
of wires or other dangerous conditions related thereto.
Complaints or orders issued by the public officer
pursuant to this chapter 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 public officer or his authorized
agent in the exercise of reasonable diligence, and the public officer
or his authorized agent shall make an affidavit to that effect, then
the serving of such complaint or order upon such persons may be made
by publishing same once in a newspaper printed and published in the
municipality or, in the absence of such newspaper, in one printed
and one published in the County of Atlantic and circulating in the
Township of Egg Harbor. A copy of the complaint or order shall be
posted in a conspicuous place on the premises effected by the complaint
or order. A copy of the complaint or order shall be duly recorded
or lodged for record with the Office of the Atlantic County Clerk.
The public officer or his authorized agent shall
exercise such powers as may be necessary and convenient to carry out
and effect the purposes and provisions of this chapter, including
the following powers in addition to others herein granted:
A.Â
To investigate the building conditions in the Township
of Egg Harbor in order to determine which buildings therein are unfit
for human habitation or occupancy or use.
B.Â
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.Â
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.
D.Â
To appoint and fix the duties of such officers, agents
and employees as deemed necessary by the public officer or his authorized
agent to carry out the purposes of this chapter.
E.Â
To delegate any of his functions and powers under
the chapter to such officers and agents as he may designate.
Any person aggrieved by an order issued by the
public officer or his authorized agent under this chapter may, within
30 days after the posting and service of such order, bring an action
for injunctive relief to restrain the public officer or his authorized
agent from carrying out the provisions of the order and for any other
appropriate relief.
Nothing in this chapter shall be construed to
abrogate or impair the power of any department of the Township of
Egg Harbor to enforce any provision of its Charter or its ordinances
or regulations, nor to prevent or punish violations thereof, and the
powers conferred by this chapter shall be in addition and supplemental
to the powers conferred by any other ordinance of the Township of
Egg Harbor.
