[Amended 11-3-2004 by Ord. No. 418-2004]
The Housing Inspector of the Township is hereby designated as
the officer to exercise the powers prescribed by this article, and
he shall serve in such capacity without any additional pay.
For the purpose of this article, the Construction Code Official
or Health Officer (hereafter "authorized official") 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
and safety of the occupants of such dwelling, the occupants of neighboring
dwellings or other residents of Weymouth Township. Such conditions
may include the following (without limiting the generality of the
foregoing): defect 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.
40:49-5.1), 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.
[Amended 6-19-1996 by Ord. No. 344-96]
Whenever a petition is filed with the authorized 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 dwelling is unfit
for human habitation as herein defined, or whenever it appears to
the authorized official (on his own motion) that any dwelling is unfit
for human habitation as herein defined, he shall, if his preliminary
investigation discloses a basis for such changes, issue and cause
to be served upon the owner of and parties in interest in such dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the authorized official (or his
designated agent) at a place therein fixed not less than seven days
or more than thirty 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 authorized official.
If, after such notice and hearing, the authorized official determines
that the dwelling under consideration is unfit for human habitation,
as herein defined, he shall state in writing his findings of fact
upon the owner thereof and parties in interest an order requiring:
A. 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 the
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, that the owner remove or demolish the building within
a reasonable time as specified in the order of removal.
C. 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 authorized official may cause such building to be repaired,
altered or improved, or to be vacated and closed; that the authorized
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."
D. That, if the owner fails to comply with an order to remove or demolish
the building, the authorized official may cause such building to be
removed or demolished or may contract for the removal or demolition
thereof after advertisement therefor and receipt of bids therefor.
E. 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
proceedings taken under this section shall be 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 authorized official, he shall
sell the materials of such buildings. There shall be credited against
the cost of the removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, the proceeds of any sale
of such materials or any sum derived from any contract for the removal
or demotion 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 Municipal Tax Assessor or their 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 authorized official, shall be secured in such a 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 final order or judgment of such Court. Any owner or party
in interest may, within 30 days of the filing of the lien certificate,
proceed in 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 6-19-1996 by Ord. No. 344-96]
Complaints or orders issued by the authorized official pursuant
to this section 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 authorized official in the
exercise of reasonable diligence, and the authorized 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 in a
newspaper printed and published in the County of Atlantic, a copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order, and 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.
Notwithstanding anything to the contrary contained herein, the
authorized official shall obtain the consent of Township Committee
by its resolution before he shall undertake repairs or removal of
any property hereunder.
No person shall occupy as owner occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
Any person who shall violate any of the provisions of this article shall upon conviction be liable to the penalty stated in Chapter
1, General Provisions, Art.
III, General Penalty.