[HISTORY: Adopted by the Township Committee of the Township of Harmony 8-7-1984
as Ord. No. 0:84-3. Amendments noted where applicable.]
The following terms, whenever used or referred to in this chapter, shall
have the following respective meanings for the purpose of this chapter, unless
a different meaning clearly appears from the context:
- BUILDING
- Any building, 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 an interest of record in a building and who are in actual ion thereof.
- PUBLIC AUTHORITY
- Any housing authority or any officer who is in charge of any department or branch of the government of the Township of Harmony relating to health, fire, building regulation or to other activities concerning buildings in the Township of Harmony.
- PUBLIC OFFICER
- The officer or officers, board or body authorized by this chapter to exercise the powers prescribed herein and pursuant to statute.
The public officer shall be appointed annually at the reorganizational
meeting of the Harmony Township Committee, except that the initial appointment
shall be made contemporaneously with the adoption of this chapter, to the
end that such public officer might exercise the powers and fulfill the duties
prescribed by this chapter. The public officer shall receive no compensation
for the performance of his duties unless provision is made therefor in accordance
with the terms of the ordinance fixing the salaries of the township officers
and officials which is adopted annually by the Township of Harmony.[1]
Whenever a petition is filed with the public officer by a public authority
or by at least five (5) residents of the Township of Harmony charging that
any building is unfit for human habitation or occupancy or use or whenever
it appears to the public officer, on his own motion, 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 said 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 (7) days nor more than thirty (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 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.
A.
If, after such notice and hearing, the public officer
determines that the building 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.
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.
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 public
officer may cause such building to be repaired, altered or improved or to
be vacated and closed; and. 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 or occupancy or use; the use
or occupation of this building is prohibited and unlawful."
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.
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 township and the cost
of such repairs, alterations or improvements or vacating and closing or removal
or demolition, if any, or 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, 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, and a copy thereof
shall be forthwith forwarded to the owner by registered or certified 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 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. Any owner or party in interest
may, within thirty (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.
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 in summary proceedings for the demolition
thereof.
Complaints or orders issued by a public officer pursuant to this chapter
shall be served upon persons either personally or by certified or registered
mail, but 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 the public 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 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. 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 building is located.
The public officer is authorized 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 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, 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 appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
In all references herein to any parties, persons, entities or corporations,
the use of any particular gender or the plural or singular number is intended
to include the appropriate gender or number as the text of the within instrument
may require.
