[HISTORY: Adopted by the Township Committee
of the Township of Mansfield by Ord. No. 11-84 (§ 8-3 of the 1975 General
Ordinances). Amendments noted where applicable.]
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purposes hereof, unless a different meaning clearly appears from
the context:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, including any outbuildings and
appurtenances belonging thereto or usually enjoyed therewith.
The person, or designee, of the person appointed by the municipal
appointing authority charged with the enforcement of this chapter.
The holder or holders of the title in fee simple.
All individuals, partnerships, associations, corporations,
or other parties with a recorded interest in a building as well as
any tenant, occupant, or other party in actual possession of a building.
Any housing authority or any official who is in charge of
any department or branch of the government of the Township relating
to health, fire, building regulations or to other activities concerning
buildings in the Township.
Whenever it shall be found that there exists
in the Township buildings which are unfit for human habitation or
occupancy or use due to dilapidation, disrepair, structural defects
increasing the hazards of fire, accidents, or other calamities, lack
of adequate ventilation, light or sanitary facilities, or due to other
conditions rendering such buildings unsafe or unsanitary and dangerous
or detrimental to the health of safety or otherwise inimical to the
welfare of the residents, the construction official shall, upon the
filing of a petition by a public authority, or by at least five residents
of the Township charging that any building is unfit for human habitation
or occupancy or use, or if it shall appear to such construction official,
on his own motion, that any building is unfit for human habitation
or occupancy or use, make a preliminary investigation or cause such
preliminary investigation to be made concerning the basis for such
charges.
A.
Buildings shall be considered unfit for human habitation
or occupancy or use, within the meaning hereof, when one or more of
the following conditions are found to exist:
(1)
Condition of structure. The condition of the structure
is such as to make it unsafe or unsanitary through the presence of
serious safety hazards resulting from the need for major repairs to
roof, walls, ceiling, floors or stairs, or through the presence of
serious health hazards resulting from continuous dampness or exposure
brought about by neglect or dilapidation.
(2)
Water supply. Lack of potable running water within
each dwelling unit of any building or lack of hot water facilities
available to each dwelling unit of any building.
(3)
Sewerage system. No connection between plumbing fixtures
and adequate sewage disposal system.
(4)
Toilet facilities. No flush toilet, fit for use, in
each dwelling unit of any building.
(5)
Bath facilities. No bathtub or shower, fit for use,
in each dwelling unit of any building.
(6)
Kitchen facilities. Lack of permanent safe and reasonably
efficient kitchen facilities within each dwelling unit of any building,
including sink with running water and provisions for a cooking stove.
(7)
Lighting facilities. Building inadequately wired for
electricity.
(8)
Heating facilities. Heating facilities inadequate
or unsafe.
(9)
Light and ventilation. Living room, bedroom, or kitchen
with no windows or with windows opening on an airshaft, or toilet
or bathroom without adequate ventilation.
(10)
Unsecured building. Any building without adequate
doors or windows in place capable of being locked or otherwise secured
to prevent the unauthorized entrance into the building by any person.
If a preliminary investigation shall disclose
to said construction official a basis for the charges filed, he shall
issue and cause to be served upon the owner of and parties of interest
in such building a complaint stating the charges in that respect.
Said complaint shall also contain a notice that a hearing will be
held before him at a place therein fixed not less than seven days
nor more than 30 days after the serving of said complaint.
The owner and parties in interest shall have
the right to file an answer to the complaint and to appear in person,
by counsel, or otherwise, and give testimony at the time and place
fixed in the complaint.
The rules of evidence prevailing in courts of
law or equity shall not be controlling in a hearing before the construction
official.
The construction official may determine that a building is unfit for human habitation or 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. Such conditions may include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; and the conditions set forth in §§ 144-2 and 144-3 of this chapter.
When, after such notice and hearing, the construction
official determines that the building under consideration is unfit
for human habitation or 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 thereof, and the parties in
interest, an order as follows:
A.
Requiring 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 have said 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 the persons on or near the
premises and the owner fails to repair, alter or improve said building
within the time specified in the order, then the owner shall be required to remove or demolish
said building within a reasonable time to be specified in said order.
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 official may cause such building
to be repaired, altered or improved, or to be vacated and closed.
The construction official shall 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 occupancy of this building is prohibited and unlawful."
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 may contract for the
removal or demolition thereof after advertisement and after receipt
of bids therefor.
The amount of the cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition
when done by the construction official, 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 and shall credit the proceeds
of such sale against the cost of the removal or demolition, including
the clearance, and, if necessary, leveling of the site, and any 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 by such court to the persons found
to be entitled thereto by final order or decree of such court; provided,
however, that nothing in this section 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 proceeding
or otherwise.
Complaints or orders 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 the same 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 Township
or circulated in the Township. A copy of such 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 Warren County.
Any person affected by an order issued by the
construction official may petition the superior court for relief in
accordance with the provisions of NJ.S.A. 40:48-2.3 et seq., as amended.
The remedies herein provided shall be exclusive
remedies, and no person affected by an order of the construction official
shall be entitled to recover any damages for action taken pursuant
to any order of the construction official or because of noncompliance
by such person with any order of the construction official.
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.
In addition to the powers herein granted to
the construction official, he shall also have the following powers:
A.
To investigate the building conditions in the Township
in order to determine which buildings therein are unfit for human
habitation or 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 entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
Nothing in this chapter shall be construed to
impair or limit in any way the power of the municipality 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
or any rules or regulations adopted thereunder.
For the enforcement of provisions of this chapter,
the office of Rehabilitation Director is hereby created and appointment
to the office shall be by the Township Committee for such term or
terms and with such compensation as it may fix. The construction official
may also serve as the Rehabilitation Director.
Every building which shall have been damaged
by fire or other cause so as to be dangerous by reason of the bad
condition of walls, floors, construction or otherwise, shall be held
to be unsafe and the construction official, besides proceeding as
hereinabove provided, shall also fix a notice of the dangerous character
of the structure to a conspicuous place on the exterior of the building.
Violations of the provisions of this chapter shall be punishable as provided in § 1-17 of the Code of the Township of Mansfield.
The imposition of the fine or imprisonment for
a violation of this chapter shall not be construed as in any manner
affecting the enforcement of the other provisions hereof.
