Whenever a petition is filed with the Board
of Health by a public authority as defined in N.J.S.A. 40:48-2.4,
or by at least five residents of the township charging that any dwelling
is unfit for human habitation as defined in the Housing Code, or whenever
it appears to the Board of Health on its own motion that any dwelling
is unfit for human habitation, it shall, if its 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 the charges in that respect and containing a notice that a
hearing shall be held before the Board of Health at a place therein
fixed not less than seven days nor more than 30 days after the serving
of the 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 Board
of Health.
A.
If, after notice and hearing as provided above, the
Board of Health determines that the dwelling under consideration is
unfit for human habitation, as defined in the Housing Code, 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
parties in interest an order requiring:
(1)
The repair, alteration or improvement of the building
to be made by the owner within a reasonable time, which shall be set
forth in the order, or, at the option of the owner, to vacate or to
have the building vacated and closed within the time set forth in
the order.
(a)
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 building
within the time specified in the order, the owner shall remove or
demolish the building within a reasonable time as specified in the
order of removal.
(b)
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 Board of Health may cause such building
to be repaired, altered or improved or to be vacated and closed; the
Board of Health 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."
(c)
If the owner fails to comply with an order to
remove or demolish the building, the Board of Health may cause such
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement and receipt of bids therefor.
(2)
That the amount of:
(a)
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
(b)
The cost of repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amounts of the 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.
If the building is removed or demolished by the Board
of Health, it shall sell the materials of such building. There shall
be credited against the cost of removal or demolition thereof, including
the clearance and, if necessary, 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. 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 or other custodian
of the records of tax liens and a copy thereof shall be forthwith
forwarded to the owner by certified mail. If the total of the credits
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the Board of Health, 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 that nothing
in this chapter 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. 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.[1]
C.
If an actual and immediate danger to life is posed
by the threatened collapse of any fire-damaged or other structurally
unsafe building, the Board of Health 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.[2]
D.
Nothing in this chapter 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 chapter intended to limit the
authority of the enforcing agency or Construction Official 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.[3]
Complaints or orders issued by the Board of
Health pursuant to this chapter shall be served upon persons either
personally or by certified mail, but if the whereabouts of such persons
are unknown and the same cannot be ascertained by the Board of Health
in the exercise of reasonable diligence, and the Board of Health makes
an affidavit to that effect, then the serving of the complaint or
order upon such persons may be made by publishing the same once in
a newspaper having circulation in the township. 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 Sussex County Recording
Officer.
The Board of Health is 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
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 it 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 it may designate.
No person shall occupy as owner or 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.
The owner of any building located in the township
who is ordered to or who desires to demolish such building shall obtain
a permit for that purpose from the construction code enforcement agency
and pay the requisite fee therefor. A permit shall be required, but
no fee payable, for demolishing any structure less than 150 square
feet in area.
