[HISTORY: Adopted by the Township Committee of the Township of Colts
Neck 8-26-1971 (Ch. 65 of the 1969 Code). Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation of
any building or buildings or parts thereof within the Township of Colts Neck
which are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy or
use are inimical to the welfare and dangerous and injurious to the health
and safety of the residents of the Township of Colts Neck, and that a public
necessity exists for the repair, closing or demolition of such building or
buildings or part thereof.
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purpose of this chapter, unless
a different meaning clearly appears from the context:
Any building or structure or part thereof, whether used for human
habitation or otherwise, including any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
The holder of the title in fee simple.
All individuals, associations and corporations who have an interest
in a building or who are in possession thereof.
Any housing authority or any officer who is in charge of any department
or branch of the government of the township relating to health, fire, building
regulations or to other activities concerning buildings in the Township of
Colts Neck.
The officers authorized by this chapter to exercise the powers prescribed
herein.
[Amended 10-8-1997]
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the Township of Colts Neck charging that
any building is unfit for human habitation or occupancy or use, or if it shall
appear to said public officer, on his or her own motion, that any building
is unfit for human habitation or occupancy or use, the public officer shall,
if his or her preliminary investigation discloses a basis for such charges,
issue and cause to be served 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 at a place
therein fixed, not less than seven days nor more than 30 days after the serving
of said 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 of this state shall not be controlling.
If the public officer shall determine after such notice and hearing
that the building under consideration is unfit for human habitation or use
or occupancy, he or she shall state, in writing, his or her findings of fact
in support of such determination and shall issue and cause to be served upon
the owner thereof and the parties in interest an order as follows:
A.
If the repair, alteration or improvement of the said
building can be made at a reasonable cost in relation to the value of the
building, which said reasonable cost is hereby fixed at not exceeding 50%
of the value of the building, the said order of the public officer shall require
the owner (to the extent and within the time specified in the order) to repair,
alter or improve the said building and to render it fit for human habitation
or occupancy or use or, at the option of the owner, to vacate and close the
building to human habitation or occupancy or use.
B.
If the repair, alteration or improvement of the said
building cannot be made at a reasonable cost in relation to the value of the
building, which, as aforesaid, is hereby fixed at not exceeding 50% of the
value of the building, the said order of the public officer shall require
the owner (within the time specified in the order) to remove or demolish such
building.
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, then the
public officer may cause such building to be repaired, altered or improved,
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 occupancy of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the
building, the public officer may cause such building to be removed or demolished.
The amount of the cost of such repairs, alteration or improvements,
or vacating and closing, or removal or demolition, when done by the municipality,
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,
he or she shall sell the materials of such building and shall credit the proceeds
of such sale against the cost of the removal or demolition, and any balance
remaining shall be deposited in the Superior Court by the public officer,
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.
The public officer may determine that a building is unfit for human
habitation or occupancy or use if he or she finds that conditions exist in
such building which are dangerous or injurious to the health or safety of
the occupancy of neighboring buildings or other residents or to the Township
of Colts Neck; 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.
A.
Without in any way limiting any of the foregoing, the
following constitute additional standards for the guidance of the public officer
in determining the fitness of a building for human habitation or occupancy
or use:
(1)
Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(2)
Those which, exclusive of the foundation, show 33% or
more of damage, disrepair or deterioration of the supporting member or members,
or 50% of damage, disrepair or deterioration of the nonsupporting, enclosing
or outside walls or covering.
(3)
Those which have 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 purposes used.
(4)
Those which have been damaged by fire, wind or other
causes so as to have become dangerous to life, safety or the general health
and welfare of the occupants or the people of the Township of Colts Neck.
(5)
Where public water facilities are available, the following
shall also apply: those which lack a supply of potable running water; those
which do not have at least one flush toilet for each dwelling unit, or if
present, is unfit for use; and those which do not have a bathtub or shower
in each dwelling unit, or if present, is unfit for use.
(6)
Those which have improper connections between plumbing
fixtures and the sanitary sewage disposal system.
(7)
Those which, if wired for electricity, contain an inadequate,
unsafe or hazardous electrical system.
(8)
Those which contain unsafe or hazardous heating or cooking
facilities.
(9)
Those having a living room, bedroom or kitchen without
windows, or with a window opening on an airshaft, or a toilet or bathroom
without adequate ventilation.
(10)
Those having inadequate facilities for egress in case
of fire or panic, or those having insufficient stairways, fire escapes or
other means of communication.
(11)
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
(12)
Those which have become so dilapidated, decayed, unsafe
or insanitary that they are unfit for human habitation or occupancy or use
or, by reason of structural deficiencies or of continuous dampness or exposure
brought about by neglect or dilapidation, are likely to cause sickness or
disease or may reasonably be presumed to result in injury to the health, safety
or general welfare of those living therein.
(13)
Those buildings existing in violation of any provision
of ordinances of the Township of Colts Neck or of the Board of Health of the
Township of Colts Neck relating to buildings or health.
B.
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 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.
[Added 10-8-1997]
C.
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,
nor is anything in this act intended to limit the authority of the enforcing
agency or construction official under the "State Uniform Construction Code
Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations
adopted thereunder.
[Added 10-8-1997]
[Amended 10-8-1997]
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 in the exercise of reasonable diligence and the public
officer shall make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once in a newspaper
printed and published in the municipality, or in the absence of such newspaper,
in one printed in the county and circulating in the Township of Colts Neck.
A copy of such complaint and/or order shall be posted in a conspicuous place
on premises affected by the complaint or order. A copy of such complaint or
order shall be duly recorded or lodged for record with the County Recording
Officer of the County of Monmouth.
Any person aggrieved by an order issued by the public officer shall
be entitled to the remedies and relief prescribed by N.J.S.A. 40:48-2.8.
In addition to the powers herein granted to the public officer, he or
she shall also have the following powers:
A.
To investigate the building conditions in the Township
of Colts Neck, in the County of Monmouth, in order to determine which buildings
therein are unfit for human habitation or occupancy or use.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
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.
The public officer who is hereby authorized to exercise the powers and
duties under this chapter shall be the following persons: the Zoning Officer
of the Township of Colts Neck and one member each from the Township Committee
and the Board of Health of the Township of Colts Neck selected by the Mayor
and approved by the Township Committee. Each of said persons is hereby authorized
to exercise the powers and duties prescribed herein, except that no hearing,
order or findings of fact shall be held or made unless it be so held or made
before or by a majority of said three persons, said persons to be known as
the Committee for Substandard Housing. The term of each of said persons shall
expire January 1 of each year following his or her appointment.
This chapter is adopted in accordance with Chapter 112, P.L. 1942, N.J.S.A.
40:48-2 et seq., and the method of enforcement, definitions, procedure and
remedies shall be governed and controlled thereby and as herein set forth,
or any amendments or supplements thereto.
[Amended 10-8-1997; 3-8-2006]
Any person or persons who violate any of the provisions of this chapter or who shall violate an order of the public officer or who shall use or occupy any building for human habitation or occupancy or use after a placard has been posted thereon declaring the building unfit for human habitation or occupancy or use, as provided in § 113-5, or any person who removes said placard from said building, or any person who shall interfere with the public officer or any other person authorized to exercise the powers of the public officer shall be punishable as provided in § 1-9 of this Code.
A majority of the Committee for Substandard Housing may delegate and
fix the duties of such officers, agents and employees as they deem necessary
to assist in carrying out the purposes of this chapter, subject to confirmation
and approval having first been obtained from the Mayor and Township Committee,
and they may delegate any of their functions and powers under this chapter
to such officers, agents and employees as they may designate.
