[HISTORY: Adopted by the Township Committee
of the Township of Medford 6-21-1961 by Ord. No. 1961-4. Amendments noted where
applicable.]
It is hereby found and declared pursuant to
the general authority contained in Title 40 of the Revised Statutes
of the State of New Jersey and N.J.S.A. 40:48-2.3 et seq., that the
existence and occupation of any building or buildings or parts thereof
in the Township of Medford which are so old, dilapidated or have become
so out of repair as to be dangerous, unsafe, insanitary 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 Medford, and that a public necessity
exists for the repair, closing or demolition of such building or buildings
or part thereof.
Whenever the proper officials of the Township
of Medford designated herein find that there exists in the Township
of Medford a building or buildings or part thereof unfit for human
habitation or occupancy or use due to dilapidation, defects increasing
the hazards of fire, accident or other calamities, lack of ventilation,
light or sanitary facilities, or due to other conditions rendering
such building or buildings or parts thereof unsafe or insanitary or
dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Township of Medford, the officials
designated shall exercise the power vested under this chapter and
under the law of the State of New Jersey to repair, close or demolish,
or require the repairing, closing or demolition of, such building
or buildings or part thereof in the manner set forth in this chapter
and under the laws of the State of New Jersey.
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purposes of this chapter, unless a different meaning clearly appears
from the context:
Any building, buildings, structure, structures or part thereof,
whether used for human habitation or intended to be so used or otherwise,
and includes any outhouses and appurtenances belonging thereto or
usually enjoyed therewith.
The Township Council of the Township of Medford.
The holder or holders of the title in fee simple.
All individuals, associations or corporations who have interest
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality relating
to health, fire, building regulations or to other activities concerning
buildings in the municipality.
The officer or officers, board or body who is or are authorized
under this chapter to exercise the powers set forth in this chapter
and in the laws of the State of New Jersey.
B.Â
Whenever it appears to the public officer on his own
motion, or whenever a petition is filed with said public officer by
the Building Inspector, Health Inspector or any other officer in charge
of any department of the municipality relating to health, fire, building
regulations or activities concerning any building in the Township
of Medford, or by at least five residents of the Township, charging
that any building in the Township of Medford is unfit for human habitation
or occupancy or use or inimical to the welfare and dangerous to the
health and safety of the residents of the Township of Medford, the
public officer shall, if a preliminary investigation discloses a basis
for such charge or charges, issue and cause to be served upon the
owner of and the 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 said public officer or his designated
agent at a place set forth in said notice and at a time that shall
not be less than seven days nor more than 30 days after the serving
of said complaint. 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. The rules of evidence prevailing in courts shall not be
controlling in hearings before the public officer or his designated
agent.
[Amended 8-2-1983 by Ord. No. 1983-16]
C.Â
After notice and hearing as above, if said public
officer or his agent determines that the building under consideration
is unfit for human habitation or occupancy or use, 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 and parties in interest
an order:
(1)Â
If the repair, alteration or improvement of the said
building can be made at a reasonable cost in relation to the value
of said building, requiring the owner within a reasonable time (which
time shall be set forth in said order) to repair, alter or improve
the said building to render it fit for human habitation, occupancy
or use, or, at the option of the owner, to vacate or have the said
building vacated and closed within the time set forth in said order.
For the purpose of determining what may be a reasonable cost of repair
for the above purpose, the percentage is fixed at 50% of the value
of the building.
(2)Â
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, requiring the owner within a certain time to remove
or demolish such building. For the purpose of determining what may
be a reasonable cost of repair for the above purpose, the percentage
is fixed at 50% of the value of the building.
D.Â
If the owner shall fail to comply with the 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 so as to make it fit for human
habitation, occupancy or use, or to be vacated and closed, and the
said 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, occupancy or use; the use or occupation
of this building is prohibited and unlawful."
E.Â
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.
F.Â
The amount of:
(1)Â
The cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceedings taken under this chapter or the laws of the State
of New Jersey determined in favor of the municipality and
(2)Â
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.
G.Â
If the building is removed or demolished by the public
officer, he shall sell the materials of such building. There shall
be credited against the cost of the 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 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 credits exceeds such costs, the balance remaining shall be deposited
in the Superior Court of New Jersey by the public officer 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 of New Jersey to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[Amended 8-2-1983 by Ord. No. 1983-16]
H.Â
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 8-2-1983 by Ord. No. 1983-16]
I.Â
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 chapter 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 8-2-1983 by Ord. No. 1983-16]
The public officer may determine that a building
is unfit for human habitation or occupancy or use if he finds that
conditions exist in such building which are dangerous or injurious
to the health or safety of occupants of such building, occupants of
neighboring buildings or other residents of such municipality, and
such conditions may include but shall not be limited to the following:
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.
[Amended 8-2-1983 by Ord. No. 1983-16]
A complaint or order 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 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 Township of Medford, or in the absence of such
newspaper, in one printed and published in the County of Burlington
and circulating in the Township of Medford. A copy of such complaint
or order shall be posted in a conspicuous place on the premises affected
by the complaint or order. A copy of such complaint or order shall
be duly recorded or lodged for record in the office of the Clerk of
Burlington County.
[Amended 8-2-1983 by Ord. No. 1983-16]
Any person aggrieved by an order issued by the
public officer under this chapter or any laws of the State of New
Jersey may, within 30 days after the posting and service of such order,
bring an action for injunctive relief to restrain the public officer
from carrying out the provisions of the order and for any other appropriate
relief. The court may proceed in the action in a summary manner or
otherwise. The remedy herein provided shall be exclusive, and no person
affected by an order of the public officer shall be entitled to recover
any damages for action taken pursuant thereto or because of noncompliance
by any person with any order of the public officer.
The public officer or other official designated
under this chapter may exercise such powers as may be necessary or
convenient to carry out and effectuate the purposes and provisions
of this chapter, including but not limited to the following powers
in addition to the others herein granted:
A.Â
To investigate the building conditions in the Township
of Medford 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 facts and 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 he deems necessary to carry out the purpose of this
chapter and the laws of the State of New Jersey pertinent hereto.
E.Â
To delegate any of his functions and powers under
this chapter and the pertinent laws of the State of New Jersey to
such officers and agents as he may designate.
