The Board of Health of the Township of Westampton is hereby designated
the "Public Officer" pursuant to N.J.S.A 40:48-2.4(b), who shall exercise
the powers hereafter prescribed.
Whenever a petition is filed with the Public Officer by a public authority
or by at least five residents of the municipality, charging that any building
is unfit for human habitation or occupancy or use, or whenever it appears
to the Public Officer (on its own motion) that any building is unfit for human
habitation or occupancy or use, the Public Officer shall, if its preliminary
investigation discloses a basis for such charges, issue and cause to be served
upon the owner or any 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 its 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 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.
If, after such notice and hearing, the Public Officer determines that
the building under consideration is unfit for human habitation or occupancy
or use, it shall state, in writing, its 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:
A. Requiring the repair, alteration or improvement of 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 have
said building vacated and closed within the time set forth in the order; and
B. 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 said building within the time
specified in the order, then the owner shall be required to remove or demolish
the building within a reasonable time as specified 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 may cause such building to be repaired, altered or improved or to
be vacated and closed; and 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 an order to remove or demolish the
building, the Public Officer 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.
The amount of the cost of the filing and legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of any proceeding
taken under this act and 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. If the building is removed or demolished by the Public Officer,
it 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 or if the sum 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 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. 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.
It is hereby provided that the Public Officer may determine that a building
is unfit for human habitation or occupancy or use if it finds that one or
more of the following conditions exists:
A. Defects therein increasing the hazards of fire, accident
or other calamities;
B. Lack of adequate ventilation, light or sanitary facilities;
The Public Officer is hereby authorized 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 building conditions in the municipality
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 examination,
provided that such entry 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 it deems necessary to carry out the purposes of this chapter.
E. To delegate any of its functions and powers under this
chapter to such officers and agents as it may designate.
Nothing in this chapter shall be construed to abrogate or impair the
powers of the courts or of any department of any municipality 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 chapter shall
be in addition and supplemental to the powers conferred by any other law.