[HISTORY: Adopted by the Township Council
of the Township of Stafford 2-26-1985 by Ord. No. 85-26. Amendments
noted where applicable.]
It is hereby found and declared that the existence
or occupation of any building or buildings or parts thereof in the
Township of Stafford which are so old, dilapidated or have become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation or occupancy is inimical to the welfare
of the residents of said municipality and dangerous and injurious
to the health and safety of the people of this municipality and that
a public necessity exists for the repair, closing or demolition of
such building or buildings or parts thereof.
The words "governing body," "public authority,"
"public officer," "owner," "parties in interest" and "building," whenever
used or referred to in this chapter, shall have the meanings and be
defined as set forth in N.J.S.A. 40:48-2.4.
[Amended 11-10-1998 by Ord. No. 98-75]
No owner or parties in interest shall continue the existence, use or occupancy of any building or buildings or parts of buildings in violation of the findings and declarations of § 76-1 hereof. Any violation is subject to the terms and conditions set forth in § 76-14 hereof, entitled "Violations and penalties."
The public officer hereby designated and appointed
to exercise the powers prescribed by this chapter shall be the Zoning
Officer.
[Amended 11-10-1998 by Ord. No. 98-75]
Whenever a petition shall be filed with the
public officer by a public authority or by at least five residents
of the municipality charging that any building is unfit for human
habitation or whenever it appears to the public officer 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 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 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 court of law
or equity shall not be controlling in hearings before the public officer
or his designated agent. The public officer may ask the Construction
Code Official to inspect the property and prepare a report detailing
his or her findings. The Construction Code Official may also attend
and present testimony at the scheduled hearing.
[Amended 11-10-1998 by Ord. No. 98-75]
If, after such notice and hearing, the public officer determines that the building or buildings under consideration are unfit for human habitation or occupancy or use as defined in § 76-10 hereof, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owners thereof and parties in interest an order:
A.
Requiring the repair, alteration and improvement of
said building to be made by the owner within the time set forth in
the order, or, at the option of the owner, to vacate or have said
building vacated and closed within the time set forth in the order;
and
B.
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, then the owner shall be required
to remove or demolish said building within a reasonable time as specified
in said order of removal.
A.
If the owner fails to comply with an order to alter, repair or improve or, at the option of the owner, to vacate and close the building, the public officer may seek relief pursuant to § 76-14 hereof and/or may cause such building to be repaired, altered or improved or to be vacated and closed; thereupon, 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; the use or occupation of this building is prohibited and unlawful."
[Amended 11-10-1998 by Ord. No. 98-75]
B.
If an actual and immediate danger to life is posed
by the threatened collapse of any fire-damaged or other structurally-unsafe
building, the public officer may, after taking such measures as may
be necessary to make such building temporarily safe, seek a judgment
and summary proceedings for the demolition thereof.
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 the receipt of bids
therefor.
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 proceedings 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 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 public officer 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 exceeds such costs, the balance remaining shall be
deposited in the Superior Court by the public officer, shall be secured
in such a 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 the 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.
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 building, the occupants
of neighboring buildings or other residents of such municipality;
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; or disrepair, structural defects
or uncleanliness.
Complaints or orders issued by the public officer
pursuant to this chapter 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 or his legal agent
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 the premises affected by the complaint or order, and copy
of such complaint or order shall be duly recorded or lodged for record
with the County Clerk of Ocean County.
The public officer is hereby authorized to exercise
such powers as shall 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 and affirmations, to examine witnesses
and to 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 deems necessary to carry out the provisions of
this chapter.
[Added 11-10-1998 by Ord. No. 98-75]
A.
If an actual or an immediate danger to life is posed
by the threatened collapse of any fire damaged or other structurally
unsafe building, the public 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.
B.
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, nor is anything in this act intended to limit the authority
of the enforcing agency or construction code official under the State
Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-1
19 et seq.) or any rules or regulations adopted thereunder.
[Added 11-10-1998 by Ord. No. 98-75]
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,000,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined in the discretion of the Municipal
Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
