[HISTORY: Adopted by the Township Committee
of the Township of Kingwood 11-16-1957. Amendments noted where applicable.]
[Amended 7-21-1978 by Ord. No. 4-7-78]
Pursuant to the authority of N.J.S.A. 40:48-2.3
et seq., L. 1942, c. 112, as amended L. 1956, c. 197, the Township
Committee of the Township of Kingwood is hereby designated as the
public body which is authorized to exercise the powers prescribed
in this chapter. Wherever the term "public officers" is used in this
chapter, the term shall mean and refer to the members of the Township
Committee.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
Whenever a petition is filed with the public
officers by a public authority or by at least five residents of the
municipality, charging that any building is unfit for human habitation
or occupancy or use, or whenever it appears to the public officers
(on their own motion) that any building is unfit for human habitation
or occupancy or use, the public officers shall, if their 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 officers (or their designated
agent) 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 the rules of
evidence prevailing in the courts shall not be controlling in hearings
before the public officers.
If, after such notice and hearing, the public
officers determine that the building under consideration is unfit
for human habitation or occupancy or use, they shall state in writing
their 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 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
B.
Providing that 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, 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.
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 officers may cause such building
to be repaired, altered or improved or to be vacated and closed; and
the public officers 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."
If the owner fails to comply with an order to
remove or demolish the building, the public officers may cause such
building to be removed or demolished.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
The amount of the cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition
shall be a municipal lien against the real property upon which such
cost was incurred. The detailed statement of the aforesaid costs shall
be filed with the custodian of the records of tax liens and a copy
of the said detailed statement shall be forthwith forwarded to the
owner by registered mail. If the building is removed or demolished
by the public officers, they shall sell the materials of such building
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 public officers, 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 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 amount or the accuracy of the costs set forth in the
municipal lien certificate.
The public officers may determine that a building
is unfit for human habitation or occupancy or use if they find 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 Kingwood Township.
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;
uncleanliness. The public officers in reaching such determination,
shall be guided by, among other things, the standards set by the Building
Code, zoning ordinances and health ordinances of the Township of Kingwood[1] and by the pertinent requirements of Title 26 of the Revised
Statutes of New Jersey.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
Complaints or orders issued by the public officers
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 the public officers in the exercise
of reasonable diligence and the public officers 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 the municipality, or, in the absence of such newspaper,
in one printed and published in the county and circulating in the
municipality in which the buildings are located. 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 county recording officer
of the county in which the building is located.
The public officers are hereby 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, 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 person in possession.
D.
To appoint and fix the duties of such officers, agents
and employees as they deem necessary to carry out the purposes of
the ordinances.
E.
To delegate any of their functions and powers under
this chapter to such officers and agents as they may designate.
