[HISTORY: Adopted by the Township Committee (now Mayor and Council)
of the Township of North Brunswick 6-21-1971. Amendments
noted where applicable.]
[Amended 5-1-1972]
The Housing Inspector of the Township of North Brunswick is hereby designated
as the officer to exercise the powers prescribed by this chapter, and he shall
serve in such capacity without any additional salary.
[Amended 5-1-1972]
For the purpose of this chapter, the Housing Inspector of the Township
of North Brunswick may determine that a dwelling is unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous or
injurious to the health or safety of the occupants of such dwelling or the
occupants of neighboring dwellings or other residents of the Township of North
Brunswick; 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; structural defects or uncleanliness.
Pursuant to the provisions of Chapter 21, P.L. 1946 (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 office of the Secretary
of State is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation or
occupancy or use. Three copies of the New Jersey State Housing Code have been
placed on file in the office of the Clerk of the Township of North Brunswick
and are available to all persons desiring to use and/or examine same.
[Amended 5-1-1972]
Whenever a petition is filed with the Housing Inspector of the Township
of North Brunswick by a public authority, as defined in N.J.S.A. 40:48-2.4,
or by at least five residents of the municipality, charging that any dwelling
is unfit for human habitation, as herein defined, or whenever it appears to
the Housing Inspector (on his own motion) that any dwelling is unfit for human
habitation, as herein defined, he shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon the
owner of and parties in interest in such dwelling a complaint stating the
charges in that respect and containing a notice that a hearing will be held
before the Housing Inspector (or his designated agent) at a place therein
fixed not less than 10 days nor more than 30 days after the serving of said
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 time and place fixed in the complaint, and that the
rules of evidence prevailing in courts of law or equity shall not be controlling
in hearings before the Housing Inspector.
[Amended 5-1-1972]
A.
If, after such notice and hearing, the Housing Inspector
determines that the dwelling under consideration is unfit for human habitation,
as herein defined, he shall state 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 an order requiring:
(1)
The repair, alteration or improvement of the 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 to have said
building vacated and closed within the time set forth in the order.
(2)
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 said building within the time
specified in the order, that the owner remove or demolish the said building
within a reasonable time as specified in said order of removal.
(3)
That, 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 Housing Inspector may cause such building to be repaired, altered
or improved or to be vacated and closed, and that the Housing Inspector 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."
(4)
That, if the owner fails to comply with an order to removal
or demolish the building, the Housing Inspector 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.
(5)
That 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 municipality, and such cost 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.
B.
If the building is removed or demolished by the Housing
Inspector, he shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof 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 of if the sum
of the total of such costs exceeds the total of such credits, 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 Housing Inspector, 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; provided, however, that nothing in this section
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 proceedings or otherwise. Any owner or party in interest may, within
60 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.
[Amended 5-1-1972]
A.
Complaints or orders issued by the Housing Inspector
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 said Housing Inspector in the exercise of
reasonable diligence, and the said Housing Inspector shall make an affidavit
to that effect, then serving of such complaint or order upon such persons
may be made by publishing the same once each week for two successive weeks
in a newspaper printed and published in the County of Middlesex.
B.
A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order, and
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 dwelling is located.
[Amended 5-1-1972]
The Housing Inspector is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following powers
in addition to others herein granted:
A.
To investigate the dwelling conditions in the Township
of North Brunswick in order to determine which dwellings therein are unfit
for human habitation.
B.
To administer oaths, 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 such 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 he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
Nothing in this chapter 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 chapter shall be in addition and supplemental
to the powers conferred upon the township by any other law or ordinance.
