[HISTORY: Adopted by the Township of Saddle
Brook as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1953 by Ord. No. 376]
It is hereby declared that the existence and
occupation of dwellings in the Township of Saddle Brook which are
unfit for human habitation is inimical to the welfare and dangerous
and injurious to the health and safety of the people of the Township
of Saddle Brook and that a public necessity exists for the repair,
closing or demolition of such dwellings.
The following terms, whenever used or referred
to in this article, shall have the following respective meanings for
the purposes of this article, unless a different meaning clearly appears
from the context:
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
The Council charged with governing the municipality.
The holder of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a dwelling and any who are in possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire, building regulations or to other
activities concerning dwellings in the municipality.
The officer or officers who are authorized by ordinance adopted
hereunder to exercise the powers prescribed by such ordinance and
by this article.
Whenever it shall be found that there exists
in the Township of Saddle Brook, in the County of Bergen, dwellings
which are unfit for human habitation due to dilapidation, disrepair,
structural defects; 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 dwellings unsafe
or unsanitary or dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents, the Township
Council, upon the filing of a petition by any member of said Township
Council or by at least five residents of the Township of Saddle Brook,
in the County of Bergen, charging that any dwelling is unfit for human
habitation, or if it shall appear to the Township Council on its own
motion that any dwelling is unfit for human habitation, shall make
a preliminary investigation concerning the basis for such charges.
If a preliminary investigation shall disclose
to the said Township Council a basis for the charges filed, it shall
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.
The said complaint shall also contain a notice that a hearing will
be held before the Township Council at a place therein fixed not less
than 10 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
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 hearings before the Township
Council.
When, after such notice and hearing, the Township
Council determines that the dwelling under consideration is unfit
for human habitation, it shall state in writing its 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.
If the repair, alteration or improvement of the said
dwelling can be made at a cost not in excess of 50% of the value of
the dwelling, said Township Council shall require the owner, within
a period of not more than 90 days from the date of such order, to
repair, alter or improve the said dwelling so as to render same fit
for human habitation or, at the option of the owner, to vacate and
close the said dwelling as a human habitation.
B.
If the repair, alteration or improvement of the said
dwelling cannot be made at a cost of not more than 50% of the value
of said dwelling, the Township Council shall require the owner to
remove or demolish the said dwelling within 90 days.
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, then the Township Council may cause such dwelling
to be repaired, altered or improved or to be vacated and closed. The
Township Council may cause to be posted on the main entrance of any
dwelling 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."
If the owner fails to comply with an order to
remove or demolish the dwelling, the Township Council may cause such
dwelling to be removed or demolished.
The amount of the cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
when done by the municipality, shall be a municipal lien against the
real property upon which such cost was incurred. If the dwelling is
removed or demolished by the Township Council, it shall sell the materials
of such dwelling 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 Superior Court by the Township Council, 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 municipality to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise.
The Township Council may determine that a dwelling
is unfit for human habitation if it 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 other residents of such municipality. 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; or uncleanliness.
In addition to the powers herein granted to
the Township Council, it shall also have the following powers:
A.
To investigate the dwelling conditions in the Township
of Saddle Brook, in the County of Bergen, in order to determine which
dwellings therein are unfit for human habitation.
B.
To administer oaths and 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.
D.
To appoint and fix the duties of such officers, agents
and employees as the Township Council deems necessary to carry out
the purposes of this article.
E.
To delegate any of its functions and powers under
this article to such officers and agents as the Township Council may
designate.
The above provisions are adopted in accordance with Ch. 112, P.L. 1942, N.J.S.A. 40:48 et seq., and the method of enforcement, definitions, procedure and remedies shall be governed and controlled thereby and as therein set forth, or any amendments or supplements thereto.
[Amended 5-10-2012 by Ord. No. 1528-12; 8-8-2013 by Ord. No. 1553-13]
A.
The owner of any building located within the Township limits of the
Township of Saddle Brook who desires to demolish the same shall first
obtain a permit for that purpose from the Township Building Department
and shall pay a fee to the Township of Saddle Brook for each building
or structure to be demolished. Said fee shall be paid prior to the
issuance of any such permit.
[Adopted 8-27-1956 by Ord. No. 425]
Whenever it shall be alleged in a petition filed
with the Township Clerk by a member of the Township Council or by
at least five residents of the Township of Saddle Brook that there
exists in the Township of Saddle Brook a building, structure or wall
which is or may become dangerous to life or health or might tend to
extend a conflagration, the Township Council shall authorize the Building
Inspector to make an immediate inspection thereof.
Upon making such inspection, the Building Inspector
shall file a report thereof with the Township Clerk. If the Building
Inspector states in such report that he finds there is a basis for
the charges filed, the Township Council shall issue and cause to be
served upon the owner of the lands affected thereby a complaint containing
a description of the property affected, sufficiently definite in terms
to identify it, as well as a description of the building, structure
or wall in question and a statement of the reasons for its proposed
removal or destruction, together with a statement that the costs thereof
shall be assessed against said owner, together with a notice that
a hearing will be held before the Township Council at a place therein
fixed at a date not less than 10 days nor more than 30 days after
the service of said notice and complaint. Said notice shall further
state that at said time and place said owner shall be given an opportunity
to be heard why said building, structure or wall should not be removed
or destroyed as proposed.
Service of said notice and complaint upon an
owner resident in the Township may be made in person or by leaving
it at his usual place of residence with a member of his family above
the age of 14 years. If an owner shall not reside in the Township,
such notice may be served upon him personally or mailed to his last-known
post office address as such may appear on the most-recent tax duplicate
for the lands in question, or it may be served upon the occupant of
the property or upon the agent of the owner in charge thereof. If
the owner of the property is unknown or service cannot for any reason
be made as above directed, notice thereof shall be published at least
once, not less than 30 days before the proposed hearing, in a newspaper
circulating in the Township. There may be inserted in the advertisement
notice to the owners of several different parcels of land. Notice
to infant owners or owners of unsound mind shall be served upon their
guardians. Where lands are held in trust, service shall be made upon
the trustee. Where lands are held by joint tenants, tenants in common
or tenants by the entirety, service upon one of the owners shall be
sufficient and deemed and taken as notice to all. Proof of service
of such notice shall be filed within 10 days thereafter with the Tax
Collector, but failure to file the same shall not invalidate the proceedings
if service has actually been made as herein provided.
The owner shall have 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 notice attached to the complaint.
The rules of evidence prevailing in courts of
law shall not be controlling in hearings before the Township Council
held pursuant to this article.
After such notice and hearing, the Township
Council shall make a written determination as to whether or not the
building, structure or wall under consideration is or may become dangerous
to life or health or might tend to extend a conflagration, and it
shall further make written findings of fact in support of such determination.
In the event that a determination is made that the building, structure
or wall under consideration is or may become dangerous to life or
health or might tend to extend a conflagration, the Township Council
shall issue and cause to be served upon the owner thereof a notice
containing a description of the property affected, sufficiently definite
in terms to identify it, a description of the manner in which such
removal or destruction is to be carried out and an order that, unless
such building, structure or wall is removed or destroyed within 30
days after the service of said notice, the Township will proceed with
its removal or destruction and assess the costs thereof as a municipal
lien against the premises pursuant to the authority of N.J.S.A. 40:48-1.
Service of said notice and proof of said service shall be made in the manner provided in § 75-17 hereof.
Upon the failure of the owner so to remove or
destroy said building, structure or wall within a period of 30 days
after the service of said notice, the Township Council shall proceed
with its removal or destruction. Such removal or destruction shall
be made under the direction or control of the Building Inspector,
who shall keep a correct account of the cost and expense thereof and
shall file a true statement thereof, under oath or affirmation, with
the Township Clerk.
The Township Council shall refer such statement
to a Board of Assessment Commissioners, which may be created by resolution
for the purposes hereinafter set forth. Said Board shall, after giving
notice to the owner of said lands of the time and place of hearing
to fix assessment, fix said costs as an assessment against the lands
affected thereby, in the manner provided by N.J.S.A. 40:56-25 et seq.,
as amended and supplemented.
Said Board shall certify its assessments to
the Township Council by a report in writing signed by a majority thereof,
together with a map showing the lands affected. Said report may be
confirmed by the Township Council in the manner provided for in N.J.S.A.
40:56-30 et seq., as amended and supplemented. Upon confirmation of
such report, the Township Council shall file it with the Township
Clerk, who shall record it in a book to be kept for that purpose and
who shall deliver to the Tax Collector a duly certified duplicate
thereof.
