[HISTORY: Adopted by the Township Committee of the Township of Franklin
6-13-1977 by Ord. No. O-9-77. Amendments noted where applicable.]
A.
It is hereby found by the Township Committee of the Township
of Franklin and hereby declared that there exists in the Township of Franklin
buildings, parts of buildings, mobile home parks or other facilities which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use
and are inimical to the welfare and dangerous and injurious to the health
and safety of the people of this township and that a public necessity exists
for the repair, closing or demolition of such building or buildings, mobile
home parks or other facilities or part or parts thereof.
B.
Therefore, this chapter is hereby adopted to give this
township the power, pursuant to N.J.S.A. 40:48-2.5 et seq., to exercise the
township's police power to repair, close or demolish or cause or require the
repairing, closing or demolition of such buildings, mobile home parks or other
facilities, or part or parts thereof, or to abate any nuisance or correct
any condition in accordance with the terms of N.J.S.A. 40:48-2.12f, g, h,
i, j, k and l.
The Construction Code Official of the Township of Franklin is hereby
designated and appointed as the public officer authorized to exercise the
powers prescribed in this chapter.
A.
When a petition is filed with the Construction Code Official
by the Township Committee or by at least five residents of the municipality
charging that any building, as defined by N.J.S.A. 40:48-2.4, is unfit for
human habitation, occupancy or use, or whenever it appears to the Construction
Code Official, on his own motion with notice to the Township Committee, that
any such building is unfit for human habitation or occupancy or use, the Construction
Code Official 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 buildings, a complaint stating the charges in that respect
and containing a notice that a hearing will be held before the Construction
Code Official, or his designated agent, at a place therein fixed, not less
than 10 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
place and time fixed in the complaint. The rules of evidence prevailing in
the courts shall not be controlling in hearings before the Construction Code
Official.
B.
If, after such notice of hearing, the public officer
determines that the building under construction is unfit for human habitation
or use, he shall state, in writing, his findings of fact in support of such
determination and shall issue or cause to be served upon the owner thereof
or the parties in interest an order:
(1)
Requiring 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
have the said building vacated and closed within the times set forth in the
order.
(2)
That 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, then the owner shall be required to remove or
demolish the said building within a reasonable time as specified in the said
order of removal.
C.
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 Code Official may cause such building to be repaired, altered
or improved, or to be vacated and closed. The Construction Code 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, occupancy
or use; the use or occupation of this building is prohibited and unlawful."
D.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Code 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.
All costs to the municipality (expert witness fees, search fees and
advertising charges, repairs, alterations or improvements or vacating and
closing or removal or demolition) shall become municipal liens against the
real property upon which the cost was incurred in accordance with the provisions
of N.J.S.A. 40:48-2.12f.
The Construction Code Official may determine that a building is unfit
for human habitation, 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 of Franklin. Such conditions may include but
are not limited to defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair; structural defects; and uncleanliness.
Complaints or orders issued by the Construction Code Official pursuant
to this chapter shall be served upon persons either personally or by registered
mail; or, if the whereabouts of such person is unknown and the same cannot
be ascertained by the Construction Code Official in the exercise of reasonable
diligence, and the Construction Code 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 consecutive weeks in
The Sentinel. A copy of said 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 with the County Clerk
of Gloucester County.
Any person aggrieved by an order issued by the Construction Code Official
under this chapter may, within 60 days after the posting and service of such
order, bring an action for injunctive relief to restrain the Construction
Code Official from carrying out the provisions of the order, in accordance
with the provisions of N.J.S.A. 40:48-2.8.
The Construction Code Official may exercise the following powers as
may be necessary or convenient to carry out and effectuate the purposes and
provisions of this chapter, including the following powers in addition to
those already granted under this chapter:
A.
To investigate the building conditions in the municipality
in order to determine which buildings therein are unfit for human habitation,
occupancy or use.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
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.
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.
The Township Committee of the Township of Franklin, by resolution, may
authorize the Construction Code Official to abate a nuisance, correct a defect
or put the premises in proper condition so as to comply with the requirements
of any township ordinance or state law applicable thereto, at the cost of
the owner or lessor, and expend municipal funds for such purpose and charge
the same against the premises, and the amount thereof, as determined by the
Township Committee of the Township of Franklin, shall be a lien against the
premises.
A.
The Township Committee may, by resolution, appoint a
custodian of any such building, structure or premises on behalf of the municipality,
who may be either an officer of the municipality or any other person specially
designated to enter into and take charge of the premises and supervise abatement
of the nuisance, the correction of the defective condition or the maintenance
of the premises in a proper condition so as to conform to the requirements
of all municipal ordinances and state laws applicable thereto.
B.
If the custodian is some person other than a full-time
employee of the Township of Franklin, he shall be paid an hourly rate equal
to those township employees paid by the annual Salary Ordinance[1] receiving the highest hourly rate. The costs and expenses of the
said custodian shall be collectible by the municipality from the owner or
lessor of the premises as provided in this chapter.
C.
In the event that any owner of a building or structure
or premises in the municipality shall violate the provisions of this chapter,
or fail to abate a condition harmful to the health and safety of the occupants
of the premises and the general public in the municipality after notice and
opportunity to do so, the Construction Code Official may, by and with the
approval of the Township Committee of the Township of Franklin, bring an action
in the Superior Court to be appointed receiver ex officio of the rents and
income of such real property for the purpose of collecting the rents and income
from such property and expend the same for purpose of abating said conditions.
The said rents and income so collected by the receiver shall also be available
for the payment of such costs and expenses of the receivership, as may be
adjudged by the court, and for the payment to the municipality of any fines
or penalties which may have been imposed on the owner for violations of this
chapter and which have not been paid by the person liable therefor. Such receiver
shall not be required to give bond and shall be appointed only for said purposes.
D.
Upon his appointment, the receiver, by and with the approval
of the governing body of Franklin Township, in all cases where the property
in question is encumbered by a first mortgage, shall appoint such first mortgagee,
if such mortgagee is a proper person and is willing to accept such appointment,
as the receiver's agent to collect the rents and income from such real property
and manage the same, and in all other cases the receiver, by and with the
approval of the Township Committee of the Township of Franklin, may designate
the person in charge or management of such real property or such other competent
person as the receiver's agent to collect the rents and income from such real
property and manage the same, which mortgagee or other person shall account
promptly to the receiver for the rents and income so collected; provided,
however, that if the mortgagee or other person so designated is derelict in
collecting or accounting for such rents and income or in the management of
such real property, the receiver shall apply to the court for the removal
of such designated mortgagee or other person, upon notice in writing to him,
and the court, upon removing such designated mortgagee or other person, in
its discretion, may designate another person to collect the rents and income
from such real property and manage the same and account to the receiver for
the rents and income of such real property as aforesaid.
E.
In any such receivership, no fees shall be allowed the
receiver, or his counsel, for actions as such receiver or counsel.
