[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 7-16-2002 by Ord. No. 11-02 (Ch. 60A of the 1981
Code). 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, and including any outbuilding, accessory
structure and appurtenance belonging thereto and enjoyed therewith.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any official who is in charge of any department or branch
of the government of the Township relating to health, fire or building
regulation or to other activities concerning buildings in the Township.
A.
Any person convicted of a violation of any of the provisions of this chapter by unlawfully removing any notice affixed to any building or refusing to vacate any building, structure or premises or part thereof when lawfully ordered to vacate the same shall be subject to the penalty provisions of Chapter 1, General Provisions, § 1-15.
B.
The imposition of a 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.
Nothing contained in this chapter shall be construed to abrogate
or impair the powers of the court or of any department to enforce
any provisions of its charter or its ordinances or regulations nor
to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred by any other law or ordinance.
[Amended 2-19-2013 by Ord. No. 2013-02]
The Department of Community Affairs is hereby designated as
the public officer to enforce this chapter and to exercise the powers
prescribed herein.
[Amended 5-21-2013 by Ord. No. 2013-05]
In the event that the Township incurs costs in connection with
the enforcement of this chapter against a particular parcel of property,
then the municipality shall have a lien against that real property.
This lien shall be equal to the amount of the cost of legal papers,
expert witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken in accordance with this chapter
and determined in favor of the Township, together with the costs of
such repairs, alterations or improvements or vacating and closing
or removal or demolition, if any, less the sum, if any, realized by
the Township from the sale of materials derived from such building
or from any contract for removal or demolition thereof. If the building
is removed or demolished by the public officer, he shall sell the
material of such building. There shall be credited against the cost
of removal or demolition thereof the proceeds of any sale of such
materials or any sum derived from any contract for the removal or
demolition of such 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
by the public officer with the Township Tax Collector, and a copy
thereof shall forthwith be forwarded to the owner by registered mail.
If the total of the credits exceeds such costs, the balance remaining
shall be deposited in the Superior Court by the public officer, 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 final order or judgment 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 proceedings or otherwise. 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 accuracy of the costs set forth in the municipal
lien certificate.
In addition to the powers granted to the public officer in this
chapter, 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,
occupancy or use.
B.
To administer oaths and affirmations and to 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.
D.
Subject to the consent of Mayor and Council first being obtained,
to appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E.
To delegate any of his functions and powers hereinunder to such duly
appointed officers and agents as he may designate.
Whenever it shall be found that there exist 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 other conditions rendering such buildings
unsafe, unsanitary, and dangerous or detrimental to the health or
safety or otherwise inimical to the welfare of the residents, the
public officer shall, upon the filing of a petition by at least five
residents of the Township charging that any building is unfit for
human habitation, occupancy or use, or if it shall appear to such
public officer (on his own motion) that any building is unfit for
human habitation, occupancy or use, make a preliminary investigation
concerning the basis for such charges.
A.
Buildings shall be considered unfit for human habitation, occupancy or use within the meaning of § 101-7 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 the 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
or lack of hot water facilities available to each dwelling.
(3)
Sewerage system. No connection between plumbing fixtures and an adequate
sewerage disposal system.
(4)
Toilet facilities. No flush toilet, fit for use, in each dwelling.
(5)
Bath facilities. No bathtub or shower, fit for use, in each dwelling.
(6)
Kitchen facilities. Lack of permanent, safe and reasonably efficient
kitchen facilities within each dwelling unit, 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 and kitchen with no windows
or with windows opening on an air shaft or a toilet or bathroom without
adequate ventilation.
B.
The public officer 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 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 or uncleanliness.
If a preliminary investigation authorized by this chapter shall
disclose to the public officer a basis for the charges stating that
the building is unfit for human habitation, occupancy or use, he shall
issue and cause to be served upon the owner of and parties in interest
in such building a complaint stating the charges in that respect.
The complaint shall also contain a notice that a hearing will be held
before him at a place therein fixed not less than seven days or more
than 30 days after serving of the complaint.
Complaints or orders issued by the public officer pursuant to
this chapter shall be served upon a person either personally or by
registered mail, but if the whereabouts of such person is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
person may be made by publishing the same once in a newspaper printed
or published in the Township of Allamuchy 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.
The owner and parties in interest of a building shall have the right to file an answer to the complaint authorized in § 101-9 and to appear in person, by counsel or otherwise and give testimony at the time and place fixed in the notice of hearing.
The rules of evidence prevailing in courts of law or equity
shall not be controlling in a hearing before the public officer.
If after the notice and hearing authorized in § 101-9 the public officer determines that the building under consideration is 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 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 shall in no event
exceed 90 days from the order, which time shall be set forth in the
order, or, at the option of the owner, to vacate and close the building
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 make repair, alter or improve the building within the time
specified in the order, the owner shall be required to remove or demolish
the building within a reasonable time to be specified in the order.
A.
If the owner of a building 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 public officer may cause such building to be repaired,
altered or improved or to be vacated and closed. The public officer
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, occupancy or use; the use or occupancy of this building
is prohibited and unlawful."
B.
If the owner of a building fails to comply with an order to remove
or demolish the building, the public officer may cause such building
to be removed or demolished or may contract for the removal or demolition.
Such removal shall be accomplished after advertisement and after receipt
of bids therefor if required by the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
Any person aggrieved by an order issued by the public officer
in accordance with this chapter may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the public officer from carrying out the provisions of the
order and for any other appropriate relief. Nothing in this section
shall prevent the public officer from taking any action less than
30 days from the posting and service of an order if necessary to protect
the public health, safety and welfare.
The remedies provided in this chapter shall be exclusive remedies,
and no person affected by an order of the public officer shall be
entitled to recover any damage for action taken pursuant to any order
of the public officer or because of noncompliance by such person with
any order of the public officer.
Every building which shall have been damaged by fire or other
cause so as to be dangerous by reason of the bad conditions of walls,
floors, construction or otherwise shall be held unsafe and the public
officer, besides proceeding as required in this chapter, shall also
fix a notice of dangerous character of the structure to a conspicuous
place on the exterior of the building.
