[HISTORY: Adopted by the Township Council
of the Township of Moorestown 10-22-1990 by Ord. No. 1523-90.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Certificates of continued occupancy — See Ch. 53.
Uniform construction codes — See Ch. 56.
Penalties for Code violations — See Ch. 66.
Fire prevention and protection — See Ch. 79.
Garbage and rubbish — See Ch. 92.
Subdivision of land — See Ch. 158.
Zoning — See Ch. 180.
Sewage disposal systems — See Ch. 208.
Sewer connections — See Ch. 210.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 192, Dwellings Unfit for Human Habitation,
adopted by the Board of Health 6-20-1966 by Ord. No. H-21.
The Burlington County Health Department shall
be the enforcing officer to exercise the powers prescribed by this
chapter.
The enforcing officer is hereby authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township
of Moorestown 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 enforcing
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 enforcing 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 such
dwelling or dwelling unit or its premises at all reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this chapter or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this chapter.
For the purpose of the within chapter, the enforcing
officer may determine that a dwelling is unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwellings,
the occupants of neighboring dwellings or other residents of the Township
of Moorestown. 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 et seq.), the New Jersey State Housing Code (1980
Revision), as approved by the Department of Community Affairs 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 (1980 Revision) is annexed
to this chapter, and three copies of the same have been placed on
file in the office of the municipal clerk and are available to all
persons desiring to use and examine the same.
Whenever a petition is filed with the enforcing
officer 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 building
is unfit for human habitation or occupancy, or whenever it appears
to the enforcing officer (on his own motion) that any dwelling is
unfit for human habitation, as herein defined, he 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 dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the enforcing 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; 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 complaint; and that the rules of
evidence prevailing in courts of law or equity shall not be controlling
in hearings before the enforcing officer.
A.
If, after such notice and hearing, the enforcing officer
determines that the dwelling under consideration is unfit for human
habitation, as herein defined, 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
requiring:
(1)
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.
(2)
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 said building within
the time specified in the order, that the owner remove or demolish
said building within a reasonable time as specified in said order
of removal.
(3)
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 enforcing officer may cause such building
to be repaired, altered or improved or to be vacated and closed; the
enforcing 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."
(4)
That, if the owner fails to comply with an order to
remove or demolish the building, the enforcing 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.
(5)
That the amount of 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 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 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. If the building is removed or demolished by
the enforcing officer, he shall sell the materials of such building.
There shall be credited against the cost of the 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 exceed such costs, the balance remaining shall
be deposited in the Superior Court by the enforcing 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 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.
B.
If any actual and immediate danger to life is proposed
by the threatened collapse of any fire-damaged or other structurally
unsafe building, the enforcing officer 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.
Complaints or orders issued by the enforcing
officer pursuant to this chapter shall be served upon persons either
personally or by certified mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by said enforcing officer
in the exercise of reasonable diligence, and said enforcing officer
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 circulating in the Township of Moorestown. 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 enforcing 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 said Township
of Moorestown in order to determine which dwellings therein are unfit
for human habitation.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that 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 deems necessary to carry out the purposes of this
chapter.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he 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 (1980 Revision), established
hereby as the standard to be used in determining whether a dwelling
is safe, sanitary and fit for human habitation.
Nothing in this chapter shall be construed to
abrogate or impair the power of the Township of Moorestown or any
officer thereof 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.[1]
