[HISTORY: Adopted by the Township Committee
of the Township of Pilesgrove 9-12-1961. Amendments noted where applicable.]
A public officer, to be known as the "Building
Inspector," shall be appointed by the Township Committee of the Township
of Pilesgrove, to exercise the powers prescribed by this chapter.
Whenever a petition is filed with the Building
Inspector by a public authority or by at least five residents of the
Township of Pilesgrove charging that any dwelling or building is unfit
for human habitation or use, or whenever it appears to the Building
Inspector (on his own motion) that any dwelling or building is unfit
for human habitation or use, the Building Inspector 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 or building a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Building Inspector (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; 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 place and time 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 Building
Inspector.
If, after such notice and hearing, the Building
Inspector determines that the dwelling or building under consideration
is unfit for human habitation 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 thereof and parties in interest
an order:
A.
If the repair, alteration or improvement of said dwelling
can be made at a reasonable cost in relation to the value of the dwelling
or building, requiring the owner (to the extent and within the time
specified in the order) to repair, alter or improve said dwelling
to render it fit for human habitation; or, at the option of the owner,
to vacate and close the dwelling as a human habitation; or
B.
If the repair, alteration or improvement of the dwelling
or building cannot be made at a reasonable cost in relation to the
value of the dwelling or building, requiring the owner (within the
time specified in the order) to remove or demolish such dwelling or
building.
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 dwelling or building, the Building Inspector may cause
such dwelling or building to be repaired, altered or improved or to
be vacated and closed; the Building Inspector may cause to be posted
on the main entrance of any dwelling or building so closed a placard
with the following words: "This building is unfit for human habitation;
the use or occupation of this building for human habitation is prohibited
and unlawful."
The amount of such cost of such repairs, alterations
or improvements or vacating and closing or removal or demolition shall
be a municipal lien against the real property upon which such cost
was incurred. If the dwelling or building is removed or demolished
by the Building Inspector, he shall sell the materials of such dwelling
or building and shall credit the proceeds of such sale against the
cost of the removal or demolition, and any balance remaining shall
be deposited in the Court of Chancery by the Building Inspector, shall
be secured in such manner as may be directed by such Court and shall
be disbursed by such Court to the persons found to be entitled thereto
by final order or decree of such Court.
The amount of such cost of such repairs, alterations
or improvements or vacating and closing or removal or demolition shall
be a municipal lien against the real property upon which such cost
was incurred. If the dwelling or building is removed or demolished
by the Building Inspector, he shall sell the materials of such dwelling
or building and shall credit the proceeds of such sale against the
cost of the removal or demolition, and any balance remaining shall
be deposited in the Court of Chancery by the Building Inspector, shall
be secured in such manner as may be directed by such Court and shall
be disbursed by such Court to the persons found to be entitled thereto
by final order or decree of such Court.
The Building Inspector 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 to the residents of the Township of Pilesgrove; 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;
uncleanliness.
Process and procedure for the administration
of this chapter shall be governed by N.J.S.A. 40:48-2.3 to 40:48-2.12,
and any amendments that may be made thereto.
The Building Inspector shall have the right
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 powers, in addition to the others herein granted:
A.
To investigate the dwelling or building conditions
in the Township of Pilesgrove 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 the 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.
