Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hamilton 7-6-1936 by Ord. No. 63. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 130.
Uniform construction codes — See Ch. 144.
Nuisances — See Ch. 217.

§ 133-1 Removal or destruction; cost.

Any building, wall or structure which is or may become dangerous to life or health or which might tend to extend a conflagration shall be removed or destroyed, and the cost thereof shall be assessed as a municipal lien against said premises.

§ 133-2 Written complaint.

The Building Inspector of said township shall be the officer whose duty it shall be to file a written complaint with the Township Committee concerning any building, wall or structure in said township which is or may become dangerous to life or health, or which might tend to extend a conflagration.

§ 133-3 Notice of contemplated removal or destruction; proof of service.

A. 
Before any proceeding is taken pursuant to the provisions hereof and pursuant to the complaint of the Building Inspector, the Township Committee shall, by resolution, cause notice of the contemplated removal or destruction of any such building, wall or structure to be given to the owner or owners of any land affected thereby; such notice shall contain a description of the property affected sufficiently definite in terms to identify the same, as well as a description of the manner in which such removal or destruction is to be carried out, and a notice that unless such building, wall or structure is removed or destroyed within 30 days after the service of such notice, the township will proceed with such removal or destruction or cause the same to be proceeded with pursuant to the authority of Chapter 152, P.L. New Jersey, 1917, page 319, Article 14, Subsection (g), as amended by Chapter 87, P.L. New Jersey, 1932, page 151. Such notice may be served upon the owner or owner's resident in the Township of Hamilton, in person, or by leaving the same at his or her usual place of residence with a member of his or her family above the age of 14 years; in case any such owner shall not reside in the Township of Hamilton, notice may be served upon him or her personally or mailed to his or her last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof; in case the owner of any such property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once, not less than 30 days before the proposed removal or destruction, in a newspaper circulating in the Township of Hamilton; there may be inserted in said advertisement notice to the owner or owners of several different parcels of land. Notice to infant owners, or owner or owners of unsound mind, shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one of such owners shall be sufficient and shall be deemed and taken as notice to all.
B. 
Proof of service of such notice shall be filed within 10 days thereafter with the officer having charge of the record of tax liens in such township, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.

§ 133-4 Cost and expenses.

When any such removal or destruction shall have been undertaken and completed by the Township of Hamilton, an accurate account of the cost and expense thereof shall be kept, and a true statement under oath or affirmation shall be filed by the officer of said township in charge of such removal or destruction with the Township Clerk. The Township Committee shall examine the same, and if the same is properly made, shall confirm it and file such report with the Township Clerk, who shall record the same in a book to be kept for that purpose. Any such assessment shall be made on notice by the Assessment Commissioners in the same manner as other improvement assessments are now made.

§ 133-5 Supervision by Building Inspector.

The Building Inspector is hereby designated as the officer charged with the supervision of the removal or destruction of any building, wall or structure which is or may become dangerous to life or health, or which might tend to extend a conflagration.

§ 133-6 Contesting right to remove or destroy; hearing.

Any owner or owners, occupant or other person having any lien or claim upon the premises on which is situate any such building, wall or structure desiring to contest the right of the township to remove or destroy any such building, wall or structure because he or she contends it is not or may not become dangerous to life or health or might not tend to extend a conflagration may file a written protest against such contemplated removal or destruction with the Township Clerk before the time has expired in the notice as hereinabove provided, setting forth his or her objection and his or her post office address, in which case the Township Clerk shall present the matter to the Township Committee and to the Building Inspector of said township, and the Township Committee shall thereafter, on not less than 10 days' written notice mailed by the Township Clerk to such person or person's post office address designated in said written objection, fix a time and place for the hearing of said objection, and after said hearing the Township Committee shall either pass a resolution to proceed with the destruction or removal of any such building, wall or structure, or a resolution discontinuing such proceedings, and if the Township Committee by its resolution has ordered the removal or destruction of any such building, wall or structure which is or may become dangerous to life or health, or which might tend to extend a conflagration, the Building Inspector, upon the expiration of the time prescribed in the original notice hereinabove provided, shall proceed forthwith with the removal or destruction of the same.