[HISTORY: Adopted by the Township Council
(now Township Committee) of the Township of Oxford 12-30-1975 (Ch. 42 of
the 1974 Township Code). Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Oxford
Township Unfit Building Abatement Ordinance."
B.
Purpose. The purpose of this chapter is to cause or
require the repairing, closing or demolition of buildings which are
so old or dilapidated or which have become so out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
occupancy or use.
It is hereby found and declared that there exist
in the Township of Oxford buildings which are unfit for human habitation,
occupancy or use due to dilapidation; defects increasing the hazards
of fire, accidents or other calamities; lack of ventilation, light
or sanitation facilities; or due to other conditions rendering such
building or buildings or part thereof unsafe or unsanitary, or dangerous
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of this Township.
The following terms, whenever used or referred
to in this chapter, shall have the following respective meanings for
the purpose of this chapter, unless a different meaning clearly appears
from the context:
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
The Township Committee of the Township of Oxford.
[Amended 10-21-1993 by Ord. No. 93-11]
The holder or holders of the title in fee simple.
All persons who have interests of record in a building or
who are in possession thereof.
[Amended 10-21-1993 by Ord. No. 93-11]
Includes any individual, firm, corporation, association,
partnership or other entity.
[Added 10-21-1993 by Ord. No. 93-11]
Any housing authority or any officer 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 of Oxford.
The officer, officers, board or body who is or are authorized
by this chapter to exercise the powers prescribed by this chapter.
The public officer shall be appointed by the
Mayor; and in lieu of such an appointment, the Mayor and Township
Committee shall exercise the powers prescribed by this chapter.
A.
Whenever a petition is filed with the public officer
by a public authority or by at least five residents of the Township
charging that any building is unfit for human habitation, occupancy
or use, or whenever it appears to the public officer, on his own motion,
that any building is unfit for human habitation, occupancy or use,
the public officer 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 said building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer at a place therein fixed not less
than seven 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 complaint; and
that rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
[Amended 10-21-1993 by Ord. No. 93-11]
B.
If, after such notice and hearing, 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 parties in interest an order
requiring the repair, alteration or improvement of the said 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 the said building vacated and closed within the time set forth
in the order; and if the building is in such a condition 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 said building
within the time specified in the order, then the owner shall be required
to remove or demolish the said building within a reasonable time as
specified in the said order of removal.
C.
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 public officer may cause such building to be repaired,
altered or improved, or to be vacated and closed; and the public officer
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; and the use or occupation of this
building is prohibited and unlawful."
D.
If the owner 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
thereof after advertisement for and receipt of bids therefor.
E.
If the building is removed or demolished by the public
officer, he shall sell the materials of such building, to be credited
against the costs of removal and demolition thereof.
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 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; and uncleanliness.
[Added 10-21-1993 by Ord. No. 93-11]
If an actual and immediate danger to life is
posed by the threatened collapse of any fire-damaged or other structurally
unsafe building, the public officer 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.
A.
The amount of the cost of the filing of legal papers,
expert witnesses' fees, search fees and advertising charges incurred
in the course of any proceeding taken under this chapter determined
in favor of the Township, and the cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
if any, or the amount of 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.
B.
There shall be credited against the cost of the removal
or demolition thereof or the clearance or leveling of the site the
proceeds of any sale of such materials or any sum derived from any
contract for the removal or demolition of the building.
[Amended 10-21-1993 by Ord. No. 93-11]
C.
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, and a copy thereof shall be forthwith forwarded
to the owner by registered mail.
D.
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, nor
is anything in this section intended to limit the authority of the
enforcing agency under the State Uniform Construction Code Act, P.L.
1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules or regulations
adopted thereunder.
[Amended 10-21-1993 by Ord. No. 93-11]
E.
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 the accuracy of the costs set forth in the municipal
lien certificate.
[Amended 10-21-1993 by Ord. No. 93-11]
[Amended 10-21-1993 by Ord. No. 93-11]
Service of complaints or orders issued by a
public officer pursuant to this chapter shall be served upon persons
either personally or by registered mail; but if the whereabouts of
such persons are unknown and 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 persons may be made by publishing the same once
in a newspaper printed and published in Oxford Township or, in the
absence of such newspaper, in one printed and published in the county
and circulating in Oxford Township. A copy of such complaint or order
shall be posted in a conspicuous place on premises affected by the
complaint or order. A copy of such complaint or order shall be duly
recorded or lodged for record with the Warren County Clerk.
The public officer is authorized 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 others herein granted:
A.
To investigate the building conditions in the Municipality
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
B.
To administer oaths or 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 he deems necessary to carry out the purpose of this
chapter.
E.
To delegate any of its functions and powers under
this chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of the Township of
Oxford to enforce any provisions of its charter or its ordinances
or regulations or to prevent or punish violation thereof.
