[HISTORY: Adopted by the Board of Health of the Township of East Hanover 9-1-1981 as Art. XIII of Board of Health Ord. No. 1-1981, codifying Ord. No. 1-1979 adopted 6-5-1979. Amendments noted where applicable.]
The Health Officer/Sanitarian of the Township of East Hanover is hereby designated as the officer to exercise the powers prescribed by this chapter, and he shall serve in such capacity without any additional salary.
For the purpose of this chapter, the Health Officer/Sanitarian 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 dwelling, the occupants of neighboring dwellings or other residents of the Township of East Hanover. 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.
Editor's Note: The enforcement of provisions requiring the repair or removal of buildings that are unfit because of their failure to meet structural standards is basically within the province of the Construction Official under Chapter 71, Buildings, Unfit, while the enforcement of such provisions because of the failure of dwellings to meet health standards is within the province of the Health Officer/Sanitarian under this chapter. In this connection, see §§ 71-11 and 182-8.
Pursuant to the provisions of L. 1946. c. 21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Departments of Health and Conservation and Economic Development and as 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 is annexed to this chapter and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
Whenever a petition is filed with the Board of Health by a public authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents of the municipality, charging that any dwelling is unfit for human habitation as herein defined, or whenever it appears to the Health 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 Board of Health or its designated agent at a place therein fixed not less than 10 days nor more than 30 days after the serving of said complaint. Said notice shall state 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 a court of law or equity shall not be controlling in hearings before the Board of Health.
Editor's Note: N.J.S.A. 40:48-2.5(b) now provides that the hearing is to be held "not less than seven days nor more than 30 days after the service of said complaint."
If, after such notice and hearing, the Board of Health determines that the dwelling under consideration is unfit for human habitation as herein defined, it shall state in writing its 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 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 said 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 the said building within the time specified in the order, that the owner remove or demolish the said building within a reasonable time as specified in the said order of removal.
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 Board of Health may cause such building to be repaired, altered or improved, or to be vacated and closed; that the Board of Health 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."
That, if the owner fails to comply with an order to remove or demolish the building, the Board of Health 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.
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
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. If the building is removed or demolished by the Health 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 exceeds such costs, the balance remaining shall be deposited in the Superior Court by the township, 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 60 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.
Editor's Note: N.J.S.A. 40:48-2.5 (f)(2) now provides that the action referred to herein is to be taken "within 30 days from the date of the filling of the lien certificate."
Complaints or orders issued by the Board of Health pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained, said Health Officer shall make an affidavit to that effect. The serving of such complaint or order upon such persons may then be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Township of East Hanover or any newspaper which said township may use to publish its legal notices. 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.
Editor's Note: N.J.S.A. 40:48-2.7 now provides, that the service of the complaint or order may be made by "publishing the same once in a newspaper printed and published in the municipality. . ."
The Health 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 powers in addition to others herein granted:
To investigate the dwelling conditions in the Township of East Hanover in order to determine which dwellings therein are unfit for human habitation.
To administer oaths, affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.
To delegate any powers under this chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair the power of the township or any officer or department 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.