[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin
as indicated in article histories. Amendments noted where applicable.]
[Derived from Sec. 11-2 of the 1975 Code (Ord. No. 172)]
The Mayor and Council shall designate by resolution the officer to exercise
the powers prescribed by this article, to perform such duties and to receive
such salaries as such resolution shall prescribe.
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the New Jersey
State Housing Code, as approved by the Departments of Health and Environmental
Protection and filed in the Secretary of State's office, as revised in 1980,
is hereby accepted and adopted and established as a standard to be used as
a guide in determining whether dwellings in this borough are safe, sanitary
and fit for human habitation and rental. A copy of the New Jersey State Housing
Code is annexed to this article and three copies of the same have been placed
on file in the office of the Borough Clerk and are available to all persons
desiring to use and examine the same.
The public officer is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units and
premises located within the borough in order that he may perform his duty
of safeguarding the health and safety of the occupants of dwellings and of
the general public. For the purpose of making such inspections, the public
officer is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units, and premises. The owner
or occupant of every dwelling, dwelling unit, and rooming unit, or the person
in charge thereof, shall give the public officer free access to such dwelling,
dwelling unit or rooming unit and its premises at all reasonable times for
the purpose of such inspection, examination and survey. Every occupant of
a dwelling or dwelling unit shall give the owner thereof, or his agent or
employee, access to any part of the same at all reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with the provisions of this article or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this article.
Whenever the public officer determines that there are reasonable grounds
to believe that there has been a violation of any provision of this article
or of any rule or regulation adopted pursuant thereto, he shall give notice
of such alleged violation to the person responsible therefor as hereinafter
provided. Such notice shall be put in writing; include a statement of the
reasons why it is being issued; allow a reasonable time for the performance
of any act it requires; and be served upon the owner or his agent, or the
occupant, as the case may require, provided that such notice shall be deemed
to be properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him personally, sent by registered mail to his
last known address, is posted in a conspicuous place in or about the dwelling
affected by the notice or if he is served with such notice by any other method
authorized or required under the laws of this state. Such notice may contain
an outline of remedial action which, if taken, shall affect compliance with
the provisions of this article and with the rules and regulations adopted
pursuant thereto. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article, or of
any rule or regulation adopted pursuant thereto, may request and shall be
granted a hearing on the matter before the Mayor and Council, provided that
such person shall file in the Borough Clerk's office a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor within
10 days after the day the notice was served. Upon receipt of such petition,
the Mayor and Council shall set a time and place for such hearing and shall
give the petitioner written notice thereof. At such hearing the petitioner
shall be given an opportunity to be heard and to show why such notice should
be modified or withdrawn. The hearing shall be commenced not later than 10
days after the day on which the petition was filed, provided that upon application
of the petitioner the Mayor and Council may postpone the date of the hearing
for a reasonable time beyond such ten-day period, if in its judgment the petitioner
has submitted a good and sufficient reason for such postponement. After such
hearing, the Mayor and Council shall sustain, modify or withdraw the notice,
depending upon his findings as to whether the provisions of this article and
of the rules and regulations adopted pursuant thereto have been complied with.
If the Mayor and Council sustains or modifies such notice, it shall be deemed
an order. Any notice served pursuant to this article shall automatically become
an order if a written petition for a hearing is not filed in the Borough Clerk's
office within 10 days after such notice is served. The proceedings at such
hearing, including the findings and decision of the Mayor and Council, shall
be summarized, reduced to writing and entered as a matter of public record
in the Borough Clerk's office. Such record shall also include a copy of every
notice or order issued in connection with the matter. Any person aggrieved
by the decision of the Mayor and Council may seek relief therefrom in any
court of competent jurisdiction, as provided by the laws of the state. Whenever
the public officer finds that an emergency exists which requires immediate
action to protect the public health, or safety, he may, without notice or
hearing, issue an order reciting the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this article, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately,
but upon petition to the Mayor and Council shall be afforded a hearing as
soon as possible. After such hearing, depending upon its findings as to whether
the provisions of this article and of the rules and regulations adopted pursuant
thereto have been complied with, the Mayor and Council shall continue such
order in effect, modify it or revoke it.
The Mayor and Council is hereby authorized and empowered to make and
adopt such written rules and regulations as he may deem necessary for the
proper enforcement of the provisions of this article, provided that such rules
and regulations shall not be in conflict with the provisions of this article,
nor in anywise alter, amend or supersede any of the provisions thereof. The
Mayor and Council shall file a certified copy of all rules and regulations
which it may adopt in his office and in the office of the Clerk of the County
of Sussex.
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 Housing Code established hereby
as the standard to be used in determining whether a dwelling is safe, sanitary
and fit for human habitation.
[Derived from Sec. 11-3 of the 1975 Code (Ord. No. 51)]
The Mayor and Council have adopted a resolution on March 14, 1960, finding
that there exists in the borough buildings which are unfit for human habitation
or occupancy or use due to dilapidation, defects increasing the hazards of
fire, accidents or other calamities, lack of ventilation, light or sanitation
facilities and due to other conditions rendering such buildings unsafe and
unsanitary and dangerous and detrimental to the health and safety and otherwise
inimical to the borough residents and a public necessity exists for the repair,
closing or demolition of such buildings, as provided by N.J.S.A. 40:48-2.3
et seq.
As used in this article, the following terms shall have the meanings
indicated:
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 holder of the title in fee simple.
All individuals who have interests of record in a building and any
who are in actual possession thereof.
Any housing authority or any officer who is in charge of any breach
of the government of the borough or state, relating to health, fire, building
regulations or other activities concerning buildings in the borough.
The officer, board or body authorized by this article to exercise
the powers prescribed by this article and by P.L. 1942, c. 112, as amended.
[1][1]
Editor's Note: See N.J.S.A. 40:48-2.3 et seq.
The Mayor and Council shall constitute the public officer provided by
this article and P.L. 1942, c. 112, as amended,[1] and shall exercise the powers described by this article, until
such time as a separate public officer shall be appointed by resolution of
the Mayor and Council. In the event that a separate public officer is so appointed,
such appointment shall be at the pleasure of the Mayor and Council, unless
otherwise provided in the appointing resolution. The Borough Council may by
ordinance fix the salary, if any, to be paid to such public officer.
[1]
Editor's Note: See N.J.S.A. 40:48-2.3 et seq.
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the borough charging that any building is
unfit for human habitation or occupancy or use or whenever it appears to the
public officer (on his own motion) that any building is unfit for human habitation
or 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 such 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 10 days nor
more than 30 days after the serving of the complaint. 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 complaint and the rules of evidence prevailing in the courts
shall not be controlling in hearings before the public officer.
If after such notice and hearing provided herein the public officer
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 parties in interest an order:
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
the building vacated and closed within the time set forth in the order; and
B.
If the building is in such 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 building within the time specified in
the order, then the owner shall be required to remove or demolish the building
within a reasonable time as specified in the order of removal.
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. 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; the use or occupation
of this building is prohibited and unlawful." No person shall use or occupy
any building upon which such a placard has been placed pursuant to this article.
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.
If the owner fails to comply with such order, he shall be liable for
payment of the following:
A.
The cost of filing of legal papers, expert witnesses'
fees, search fees and advertising charges, incurred in the course of any proceeding
taken under this act determined in favor of the borough; and
B.
The 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 the 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 cost was incurred. If the building is removed or demolished
by the public officer, he 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
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 Borough 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 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 subsection shall be construed to impair or limit in any way
the power of the borough 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 borough lien certificate.
The public officer 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 municipality. Such conditions may include the following (without limiting
the generality of the foregoing: Defects therein increasing the hazards of
fire, accidents or other calamities, lack of adequate ventilation, light or
sanitary facilities; dilapidation, disrepair, structural defects; uncleanliness;
circumstances creating a nuisance under any applicable law; or failure to
conform to other laws of the State of New Jersey or borough ordinances or
of the local Board of Health relating to the safety, sanitation, construction,
repair or in any other manner to buildings.
Complaint or orders issued by a public officer pursuant to this article
shall be served upon persons 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 on such persons may be made by publishing the same once each week
for two successive weeks in the official newspaper of the borough. 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 Clerk of the County of Sussex.
The public officer is hereby authorized to exercise such powers as may
be necessary or convenient to carry out and effectuate the purposes and provisions
of P.L. 1942, c. 112, as amended,[1] and of this article, including the following powers in addition
to all others granted:
A.
To investigate the building conditions in the borough
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;
D.
To appoint and fix the duties of such officers, agents
and employees as he or it deems necessary to carry out the purposes of this
article; and
E.
To delegate any of his functions and powers under this
article to such officers and agents as he may designate.
[1]
Editor's Note: See N.J.S.A. 40:48-2.3 et seq.
The failure, neglect or refusal of any person to comply with any order
made by the public officer pursuant to the provisions hereof, or the hindrance
by any person of the public officer in making any investigation under this
article, or the hindrance by any person of any public officer or any other
person acting pursuant to this article or in furtherance of orders of the
public officer shall constitute a violation of this article.
