[HISTORY: Adopted by the Township Committee of the Township of Independence 5-5-1945
(Ch. 75 of the 1984 Code); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Property Maintenance — See Ch. 300.
A.
It is hereby found and declared that the existence and occupation
of buildings in the Township of Independence which are unfit for human habitation,
occupancy or use are inimical to the welfare and dangerous and injurious to
the health and safety of the residents of the Township of Independence, and
a public necessity exists for the repair, closing or demolition of such buildings.
B.
The provisions of this chapter are meant to complement the provisions as set forth in Chapter 300, Property Maintenance, of the Code. In the event of a conflict or overlap of any of the provisions of this chapter with that chapter, the provisions of Chapter 300 will govern and supersede any areas of inconsistency.
Whenever the proper officials of the Township of Independence designated
herein find that there exists in the Township of Independence a building or
buildings unfit for human habitation, occupancy or use due to dilapidation,
defects increasing the hazards of fire, accident or other calamities, lack
of ventilation, light or sanitary facilities, or due to other conditions rendering
such buildings unsafe or unsanitary or dangerous or detrimental to the health
or safety or otherwise inimical to the welfare of the residents of the Township
of Independence, the official designated shall exercise the power vested under
this chapter and under the law of the State of New Jersey to repair, close
or demolish said building or buildings in the manner set forth in this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building or structure or part thereof used and occupied for human
habitation, occupancy or use or intended to be so used, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
The officer or officers authorized under this chapter to exercise
the powers set forth in this chapter.
[Amended 12-10-1984 by Ord. No. 84-11]
The Township Committee of the Township of Independence.
The holder of the title in fee simple.
All individuals, associations or corporations who have interests
of record in a building and any who are in possession thereof.
[Amended 12-10-1984 by Ord. No. 84-11]
A.
Whenever a petition is filed with the Construction Official
by the Building Subcode Official, Health Inspector or any other officer in
charge of any department of the municipality regarding the health, fire, building
regulations or activities concerning buildings in the Township of Independence,
or by at least five residents of the Township, charging that any building
or buildings in the Township of Independence is unfit for human habitation,
occupancy or use, the Construction Official shall, if preliminary investigation
discloses a basis for such charge or charges, issue and cause to be served
upon the owner or the parties in interest in such building or buildings a
complaint stating the charges in that respect and containing a notice that
a hearing will be held before said Construction Official or his designated
agent at a place set forth in said notice and at a time that shall not be
less than seven 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 time and place fixed in the complaint. The Construction Official shall
not be bound by the rules of evidence prevailing in courts of law or equity.
B.
After notice and hearing, if said Construction Official
determines that the building or buildings under consideration are unfit for
human habitation, occupancy or use, 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 and parties in interest an order requiring the owner within
a certain time to repair, alter or improve said buildings to render it fit
for human habitation, occupancy or use or, at the option of the owner, to
vacate and close the buildings as a human habitation, occupancy or use. If
the repair, alteration or improvement cannot be made at a reasonable cost
in relation to the value of the building, or 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, said order may require the owner within the time specified
in the order to remove or demolish said building. For the purpose of determining
what may be reasonable for such purpose, the percentage is fixed at 50% of
the value of the building.
C.
If the owner shall fail to comply with the order to repair,
alter or improve or, at the option of the owner, to vacate and close the building,
the Construction Official may cause said building to be repaired, altered
or improved or to be vacated and closed, and the said Construction Official
may cause to be posted on the main entrance of the 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.
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 make contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefor. The amount
of the cost of filing legal papers, expert witness fees, search fees and advertising
charges incurred in the course of any proceeding taken under this chapter
as determined in favor of the Township and such cost of such repairs, alterations
or improvements for vacating and closing, or removal and 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 removal or demolition
thereof, including the clearance and, if necessary, leveling of the site,
with 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
credit 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 do 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
certified mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the Construction Official,
and 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 the final order or judgment of such
court. Any owner or party in interest may, within 30 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.
[Amended 12-10-1984 by Ord. No. 84-11]
The Construction 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 such municipality, and such conditions may include but shall not be limited
to the following: defects therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; disrepair, structural defects; uncleanliness; failure to have
included in said building running water or inside toilet facilities.
[Amended 12-10-1984 by Ord. No. 84-11]
A complaint or order 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 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 in a newspaper printed and published in the municipality. A
copy of such complaint or order shall be posted in a conspicuous place on
the premises affected, and a copy shall be recorded or lodged for record with
the Clerk of the County of Warren.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building, the Construction
Official may, after taking such measures as may be necessary to make such
building temporarily safe, seek a judgment in summary proceedings for the
demolition thereof.
Nothing in this chapter 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, nor is anything
in this chapter intended to limit the authority of the enforcing agency or
Construction Official under the State Uniform Construction Code Act (N.J.S.A.
52:27D-119 et seq.) or any rules or regulations adopted thereunder.
[Amended 12-10-1984 by Ord. No. 84-11]
The Construction Official or other officials designated under this chapter
may exercise such powers as may be necessary or convenient to carry out and
effectuate the purposes and provisions of this chapter, including but not
limited to the following powers, in addition to the others herein granted:
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, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such entry is 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 purpose of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
