The Health Officer of this municipality is hereby designated as the
officer to exercise the powers prescribed by this chapter, and he shall serve
in such capacity without any additional salary.
For the purpose of this chapter, the Health Officer may determine that
a dwelling is unfit for human habitation if he finds that conditions exist
in such dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling, the occupants of neighboring dwellings
or other residents of this municipality. 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.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments of Health
and Conservation and Economic Development and filed in the Secretary of State's
office, is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation or
occupancy or use. A copy of the New Jersey State Housing Code is annexed to
this chapter, and three copies of the same have been placed 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 Board of Health 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 dwelling is unfit for human habitation as herein defined,
or whenever it appears to the Health Officer, on his own motion, that any
dwelling is unfit for human habitation as herein defined, he shall, if his
preliminary investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such dwelling a
complaint stating the charges in that respect and containing a notice that
a hearing will be held before the Board of Health 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 time and place fixed in the complaints;
and that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the Board of Health.
If, after such notice and hearing, the Board of Health determines that
the dwelling under consideration is unfit for human habitation as herein defined,
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 requiring:
A. The repair, alteration or improvement of the 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 to have said
building vacated and closed within the time set forth in the order.
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 the said building within the time
specified in the order, that the owner remove or demolish the said building
within a reasonable time as specified in the said order of removal.
C. That, 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 Board of Health may cause such building to be repaired, altered
or improved, or to be vacated and closed; that the Board of Health 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."
D. That, if the owner fails to comply with an order to remove
or demolish the building, the Board of Health 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.
E. That the amount of:
(1) The cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of any proceeding
taken under this chapter determined in favor of the municipality, and
(2) 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 Board of Health, 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 Board of Health, 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.
Complaints or orders issued by the Board of Health or the Health 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 said Health Officer in the exercise of reasonable
diligence, and the said Health 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 each week for two successive weeks in a newspaper
printed and published in the Town of Phillipsburg. 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 recording officer of the county
in which the dwelling is located.
The Board of Health or the Health Officer 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 dwelling conditions in this municipality
in order to determine which dwellings therein are unfit for human habitation.
B. To administer oaths, affirmations, examine witnesses
and receive evidence.
C. To enter upon premises for the purpose of making examination,
provided that such entries 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 he deems necessary to carry out the purposes of this chapter.
E. To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair the
power of the township or any officer or department to enforce any of the provisions
of 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 upon the township by any other law or ordinance.
Any person, firm or corporation who violates or neglects to comply with
any provision of this chapter or code established herein or notice issued
pursuant thereto shall, upon conviction thereof, be liable to a fine of not
more than $500 or imprisonment in the county jail for a period not to exceed
90 days, or both such fine and imprisonment; and each violation of any provision
of this chapter, and each day the same is violated, shall be deemed and taken
to be a separate and distinct offense.