[Adopted 11-5-1979 as §§ 15-7 to 15-20 of the 1979
Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
BUILDING
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.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
The Construction Official, Fire Chief, Chief of Police or Health
Officer of the Township.
It has been found and declared that there exists in the Township building
or buildings, or parts thereof, 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,
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 the Township. It
is therefore necessary to exercise the police powers of the Township to repair,
close or demolish, or cause or require the repairing, closing or demolition
of such building or buildings, or part thereof, in the manner provided, pursuant
to the statute applicable thereto.
The Manager is hereby designated and appointed as the public officer
to exercise the powers prescribed by this article.
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the Township charging that a building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer that any building is unfit for human habitation or occupancy or use, the public officer shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served, upon the owner and parties in interest of such building, a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the public officer (or his designated agent) at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint. The notice shall state that the owner and parties in interest have 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 officer. The complaint shall be served in the manner provided in §
162-7 hereof.
After notice and hearing, the public officer may determine that the
building under consideration 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 building, the
occupants of neighboring buildings or other residents of the Township. Such
conditions may, among other things, include the following:
A. Defects therein increasing the hazards of fire, accident,
or other calamities.
B. Lack of adequate ventilation, toilet facilities and running
water, light or sanitary facilities.
C. Dilapidation, disrepair, structural defects or uncleanliness.
Complaints, notices and orders issued by the public officer pursuant
to this article shall be served upon persons either personally or by registered
mail. If the whereabouts of such persons is unknown and the same cannot be
ascertained by the public officer in the exercise of reasonable diligence,
and he shall make an affidavit to that effect, then the serving of such complaint,
notice or order upon such persons may be made by publishing the same once
in a newspaper printed and published in the Township or, in the absence of
such newspaper, in one printed and published in the county and circulating
in the Township. A copy of such complaint, notice or order shall be posted
in a conspicuous place on the premises affected by the complaint notice or
order. A copy of such complaint, notice or order shall be duly recorded with
the Register's Office of Essex County.
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 this article, including the following powers, in addition to others herein
granted:
A. To investigate building conditions in the Township in
order to determine which buildings therein are unfit for human habitation
or occupancy or use.
B. To administer oaths and 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 delegate any of his functions and powers under this
article to such assistants and other employees as he may require in the performance
of his duties.
Any person aggrieved by an order issued by the public officer under
this article shall be entitled to the remedies prescribed by N.J.S.A. 40:48-2.8.
The Township Manager shall prepare an estimate of the annual expenses
or costs to provide the equipment, personnel and supplies necessary for periodic
examinations and investigations of the buildings in the Township, for the
purpose of determining the fitness of such buildings for human habitation
or occupancy or use, and for the enforcement and administration of this article,
and submit same to the Council. The Council shall make such appropriations
from its revenues as it may deem necessary, for the purposes of this article.
The Council may accept and apply grants or donations to assist it in carrying
out the provisions of this article.
Nothing in this article shall be construed to abrogate or impair the
powers of any department of the Township to enforce any provisions of its
charter or its ordinances or regulations, or to prevent or punish violations
thereof; and the powers conferred by this article shall be in addition and
supplemental to the powers conferred by any law or ordinance.
[Adopted 11-5-1979 as §§ 15-21 to 15-22 of the 1979
Revised General Ordinances]
In buildings, designed to be occupied, or occupied, as residences by
two or more families and when the owners have agreed to supply heat, that
from October 1 of each year to the next succeeding May 1, every unit of dwelling
space and every habitable room therein shall be maintained at least at 68°
F. whenever the outside temperature falls below 55° during daytime hours
from 6:00 a.m. to 11:00 p.m. At times other than those specified, interiors
of units of dwelling space shall be maintained at least at 55° F. whenever
the outside temperature falls below 40°. In meeting the aforesaid standards,
the owner shall not be responsible for heat loss and the consequent drop in
the interior temperature arising out of action by the occupants in leaving
windows or doors open to the exterior of the building. The owner shall be
obligated to supply required fuel or energy and maintain the heating system
in good operating condition so that it can supply heat as required herein
notwithstanding any contractual provision seeking to delegate or shift responsibility
to the occupant or third person, except that the owner shall not be required
to supply fuel or energy for heating purposes to any unit where the occupant
thereof agrees in writing to supply heat to his own unit of dwelling space
and the said unit is served by its own exclusive heating equipment for which
the source of heat can be separately computed and billed.