[HISTORY: Adopted by the Township Committee of the Township of Wall
11-8-1978 as Sec. 11-3 of the Revised General Ordinances. Amendments noted
where applicable.]
The Construction Official of the Township 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 Construction Official 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 the occupants of such building, the occupants of neighboring
buildings or other residents of the Township, 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. 40:49-51)
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.
Three copies of the New Jersey State Housing Code 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 Construction Official by a public
authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents of
the Township charging that any building is unfit for human habitation or occupancy
or use as herein defined, or whenever it appears to the Construction Official
(on his own motion) that any building is unfit for human habitation or occupancy
or use, 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 building, a complaint stating the charges in that
respect and containing a notice that a hearing will be held before the Construction
Official (or his designated agent) at a place therein fixed not less than
10 days nor more than 30 days after the serving of the 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 Construction Official.
A.
If, after such notice and hearing, the Construction Official
determines that the building under consideration is unfit for human habitation
or occupancy or use, as herein defined, 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 thereof and parties in interest an order requiring the repair,
alteration or improvement of the 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 building within the time specified
in the order:
(1)
That the owner remove or demolish the building within
a reasonable time as specified in the order of removal.
(2)
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 Construction Official may cause such building to be repaired, altered
or improved, or to be vacated and closed; that the Construction Official 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."
A.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Official 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.
B.
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 Township, 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 Construction Official he 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 Township 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 exceed such costs, the balance
remaining shall be deposited in the Superior Court by the Township, shall
be secured in such manner as may be directed by such 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 Township 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 Construction Official 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 the Construction Official in the exercise of reasonable
diligence, and the Construction Official 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 Township, or if no such newspaper exists, then
in a newspaper printed in the County of Monmouth and circulating in the Township.
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 Construction Official 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 the Township
in order to determine which dwellings therein are unfit for human habitation;
B.
To administer oaths, affirmations, examine witness 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 person 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;
and
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 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 upon the Township by any other law
or ordinance.
