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:
BUILDING
Any building or structure or part thereof, whether used for human
habitation or otherwise, and includes any outhouses and appurtenances belonging
thereto or usually enjoyed therewith.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC OFFICER
The Construction Code Official or Deputy Construction Code Official
or any other officer authorized by the Township Committee to exercise the powers prescribed by this chapter.
The Construction Code Official or Deputy Construction Code Official
of the Township of Pohatcong are hereby designated as the officers to exercise
the powers prescribed by this chapter, subject to the authority of the Township
Committee, and they shall serve in such capacity without any additional salary.
For the purpose of this chapter, the Construction Code Official or the
Deputy Construction Code Official may determine that a building is unfit for
human habitation if he finds that conditions exist in such building which
are dangerous or injurious to the health or safety of the occupants of such
building, the occupants of neighboring buildings or other residents of the
Township of Pohatcong. Such conditions may include the following without limiting
the generality of the foregoing:
A. Defects therein which increase the hazards of fire, accident
or other calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
C. Dilapidation, disrepair, structural defects or uncleanliness.
Pursuant to N.J.S.A. 40:49-5.1, the Building Code Ordinances, Fire Prevention
Code Ordinances and Health Ordinances and the rules and regulations issued
thereunder, along with the Uniform Construction Code of the State of New Jersey, are adopted by the Township of Pohatcong as establishing standards
to be used as a guide in determining the fitness of a building for human habitation,
occupancy or use. Copies of the foregoing are on file in the office of the
Township Clerk and are available to all persons desiring to use and examine
the same.
Whenever a petition is filed with the Construction Code Official or
his Deputy, 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 building is
unfit for human habitation as herein defined, or whenever it appears to the
Construction Code Official or his Deputy, on their own motion, that any building
is unfit for human habitation, as herein defined, he shall, if his preliminary
investigation discloses a basis for such charge, issue and cause to be served
upon the owner 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 at a designated time and place, 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 by their attorney and give testimony at the time and place fixed
in the complaint and that the rules of evidence prevailing in courts of law
and equity shall not be controlling in such hearings.
Complaints or orders issued by the Construction Code Official or his
Deputy pursuant to this chapter shall be served upon persons either personally
or by registered mail, but if the whereabouts of such person is unknown, and
the same cannot be ascertained by such Construction Code Official or his Deputy
in the exercise of reasonable diligence, and said Construction Official shall
make an affidavit to that effect, then the serving of such complaint or order
upon such person may be made by publishing the same, once each week for two
consecutive weeks, in a newspaper printed and published in the County of Warren
and circulated in the Township of Pohatcong. 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 Clerk of Warren County.
The Construction Code Official or his Deputy 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, in addition to others herein granted:
A. To investigate the building conditions in the Township
of Pohatcong in order to determine which buildings therein are unfit for human
habitation.
B. To enter upon premises for the purpose of making an examination,
provided that such entries shall be made in such a manner as to cause the
least possible inconvenience to the persons in possession.
C. To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.