Whenever any dwelling or any building structure, excavation, business pursuit, matter, condition or thing in or about a dwelling or the lot on which it is situated or the plumbing, sewerage, drainage, privy vault or septic tank, garbage disposal, polluted water supply, light or ventilation thereof or the infestation condition of a vacant lot is found by the Health Officer to be dangerous or detrimental to life or health, the Health Officer may order that the matter, condition or thing shall be removed, abated, suspended, altered or otherwise improved, as his order shall specify. If any such order of the Health Officer is not complied with within 10 days after the service thereof or within such shorter time as he may designate as being necessary under the circumstances, then he shall order the owner, agent and/or tenant to appear before the Board of Health to show cause why the owner, agent and/or tenant did not comply with the order of the Health Officer. If the Board of Health shall find that any of the above conditions does exist, the Board of Health shall order that the matter, condition or thing shall be removed, abated, suspended, altered or otherwise improved, as the Board of Health shall specify. If any such order of the Board of Health is not complied with within 10 days after the service thereof or within such shorter time as the Board of Health may designate as being necessary under the circumstances, then such order may be executed by the Health Officer, his agents, employees or contractors and the expense incurred incident to said order shall be paid by the owner of said property and shall be a municipal lien against the real property upon which the cost was incurred. When, in the opinion of the Health Officer, such matter, condition or thing is in such a state that it constitutes an actual menace to health, he shall proceed forthwith to cause such condition to be abated.
Before proceeding to execute such order of the Board of Health, the Health Officer shall post a notice on the front of the building, stating that since such order was not complied with within the time mentioned in said notice, the Health Officer will proceed to execute the same at the expiration of an additional five days and charge the cost thereof to the owner of the premises. A copy of such notice shall be sent by registered mail or personally served to the owner of the property or his agent if names and addresses on diligent search can be ascertained.
A. 
Whenever it shall be found by the Health Officer that the condition of any habitable room, dwelling or dwelling unit which has been vacated and is unoccupied does not comply in any way with the provisions of this chapter, the said Health Officer shall have the right to condemn and padlock any such room, dwelling or dwelling unit. The Health Officer shall remove such condemnation and padlock when the order to comply with the provisions of this chapter has thereafter been fully performed to the satisfaction of the Health Officer. Whenever the Health Officer finds that any dwelling constitutes a serious hazard to the health and safety of the occupants or to the public because it is dilapidated, is unsanitary, is vermin infested or is lacking in the facilities required by this chapter, he shall designate such dwelling unfit for human habitation and shall cause to be posted on the main entrance of any dwelling so closed a placard with the following inscription: "This building is unfit for human habitation or occupancy or use; the use or occupancy of this building is prohibited and unlawful."
B. 
If the owner fails to remove or demolish the dwelling, the Health Officer may cause such dwelling to be removed or demolished, and the expense incurred pursuant to this order shall become a municipal lien against the real property upon which such cost was incurred. Any moneys realized from the sale of materials shall be credited against the costs involved in the removal or demolition, and the balance shall be deposited in the Superior Court of New Jersey, Chancery Division, to be disbursed by such Court to the persons found to be entitled thereto as such Court may direct; provided that nothing in this section shall be construed to impair or limit in any way the power of the Borough of Branchville to define and declare nuisances and to cause their removal or abatement, by summary proceeding or otherwise.
The Health Officer is authorized and directed to make inspections to determine compliance with this chapter. He may enter and examine a dwelling, yard or part thereof at all reasonable times. No owner, tenant, agent, person or persons shall obstruct or interfere with the Health Officer or other employees of the Board of Health in the performance of their duty in the enforcement of this chapter. The Health Officer shall also have authority to administer oaths, affirmations, examine witnesses and receive evidence; to appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter; and to delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
[Amended 9-2-1987 by Ord. No. 9-87; 1-16-2008 by Ord. No. 01-2008
Any owner, lessee or other person or persons who permits, takes part or assists in any violation of or violates any provisions of this chapter shall, upon conviction thereof, for each and every violation thereof and for each and every day that such violation continues, be punishable as provided in § 1-15 of this Code.
Where a provision of this chapter is found to be in conflict with a provision in any other ordinance of the Borough of Branchville existing on the effective date of this chapter or in any regulation issued under the authority of such chapter or ordinance, the provision which establishes the higher standard for the protection of health, safety and welfare shall prevail.