[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.[1]
[1]
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[1] 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.
[1]
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:
A.
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
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 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.
C.
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."
D.
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.
E.
That the amount of:
(1)
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
(2)
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,
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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[1] 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.
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[1]
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[1] 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.
[1]
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:
A.
To investigate the dwelling conditions in the Township
of East Hanover in order to determine which dwellings therein are
unfit for human habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
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.
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 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.
