[HISTORY: Adopted by the Township Committee of the Township of Alexandria 11-10-1980
by Ord. No. 80-6. Amendments noted where applicable.]
The Construction Official and/or Health Officer of the Township of Alexandria
be and he or she is hereby designated as the officer to exercise the powers
prescribed by the within chapter, and he or she shall serve in such capacity
without any additional salary.
For the purpose of the within chapter the Construction Official and/or
Health Officer may determine that a dwelling is unfit for human habitation
if he or she 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 the Township of Alexandria.
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.
Pursuant to the provisions of P.L. 1946, c. 21 (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. A copy of the New Jersey State Housing Code is annexed to
this chapter and three copies of the same have been placed on file in the
office of the Alexandria Township Clerk and are available to all persons desiring
to use and examine the same.
Whenever a petition is filed with the Construction Official and/or Health
Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at
least five residents of the municipality charging that any dwelling is unfit
for human habitation as herein defined, or whenever it appears to the Construction
Official and/or Health Officer (on his or her own motion) that any dwelling
is unfit for human habitation, as herein defined, he or she shall, if his
or her preliminary investigation discloses a basis for such charges, issue
and cause to be served upon the owner of and parties in interest in such dwelling
a complaint stating that the charges in that respect and containing a notice
that a hearing will be held before the Construction Official and/or Health
Officer (or his or her designated agent) at a place therein fixed not less
than 10 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 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 Construction Official and/or Health Officer.
If, after such notice and hearing, the Construction Official and/or
Health Officer determines that the dwelling under consideration is unfit for
human habitation, as herein defined, he or she shall state in writing his
or her 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:
A.
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 to have said
building vacated and closed within the time set forth in the order; and
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 said building within the time
specified in the order the owner remove or demolish the said building within
a reasonable time as specified in the said 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 Construction Official and/or Health Officer may cause such building to
be repaired, altered or improved or to be vacated and closed; that the Construction
Official and/or Health 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; 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 Construction Official and/or Health 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.
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 proceeding
taken under this chapter determined in favor of the municipality; 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 seduction 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 Construction Official and/or Health Officer, he or she shall
sell the materials of such building. There shall be credited against the cost
of the 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 the
building. If there are no such credits of 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 other
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 Construction Official and/or Health 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 municipality 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 60 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.
Complaints or orders issued by the Construction Official and/or Health
Officer 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 said Construction Official and/or Health
Officer in the exercise or reasonable diligency, and the said Construction
Official and/or Health Officer shall make an affidavit to that effect, then
the serving of such complaint or order upon such persons maybe made by publishing
the same once each week for two successive weeks in a newspaper printed and
published in the Township of Alexandria or, in the absence of such newspaper,
one printed in the County and circulated in the Township in which the buildings
are located. 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.
The Construction Official and/or Health Officer is hereby authorized
and empowered 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 in addition to others herein granted:
A.
To investigate the dwelling conditions in the Township
of Alexandria in order to determine which dwellings therein are unfit for
human habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
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 or she deems necessary to carry out the purposes of this
chapter.
E.
To delegate any of his or her functions and powers under
this chapter to such officers and agents as he or she may designate.
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, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article I. Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Nothing in this chapter shall be construed to abrogate or impair the
power of the Township or any officer or 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 upon the Township by any other law
or ordinance.
