[HISTORY: Adopted by the Township Committee of the Township of Chesterfield 9-14-1964.
Amendments noted where applicable.]
[Amended 5-4-1989 by Ord. No. 1989-3]
Whenever a petition is filed with the Building Inspector by a public
authority of the Township of Chesterfield charging that any building is unfit
for human habitation or occupancy or use or whenever it appears to the Building
Inspector (on his own motion) that any dwelling is unfit for human habitation
or occupancy or use, the Building Inspector 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 Building Inspector (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 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 complaints. The rules
of evidence prevailing in the courts shall not be controlling in hearings
before the Building Inspector.
If, after such notice and hearing, the Building Inspector determines
that the dwelling under consideration is unfit for human habitation or occupancy
or use, 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 the repair, alteration or improvement
of 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 said building vacated and closed within the time set forth in the order;
and, 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 or removal.
A.
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 Building Inspector may cause such dwelling to be repaired, altered or
improved, or to be vacated and closed. The Building Inspector 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."
B.
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 and receipt of bids therefor.
A.
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 such 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.
B.
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 Municipal
Tax Assessor 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 exceed 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 such court; provided, however, that nothing
in this section shall be construed to limit or impair 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.
C.
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.
[Amended 5-4-1989 by Ord. No. 1989-3]
The Building Inspector may determine that a building is unfit for human
habitation 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 to the residents of the Township of
Chesterfield. 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 and uncleanliness.
The process and procedure for the administration of this chapter shall
be governed by N.J.S.A. 40:48-2.3 to 40:48-2.12h and any amendments that may
be made thereto.
The Building Inspector is hereby designated and shall have the right
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 the others herein granted:
A.
To investigate the building conditions 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 persons in possession.
