[HISTORY: Adopted by the Township Committee of the Township
of Quinton 5-3-1972 by Ord. No. 1972-6. Amendments noted where applicable.]
[Amended 4-7-1976 by Ord. No. 1976-2; 7-3-1991 by Ord. No.
1991-8]
The Construction Code Official and Housing Officer of the Township
of Quinton be and are hereby designated as the officers to exercise
the powers prescribed by the within chapter and shall serve in such
capacity without any additional salary.
[Amended 4-7-1976 by Ord. No. 1976-2; 7-3-1991 by Ord. No.
1991-8]
For the purpose of the within chapter, the Construction Code
Official and Housing Officer may determine that a dwelling is unfit
for human habitation if they find 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 Quinton. 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.
Pursuant to the provisions of P.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 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,[1] and three copies of the same have been placed on file
in the office of the Quinton Township Clerk and are available to all
persons desiring to use and examine the same.
[1]
Editor's Note: Said copy is on file in the office of the Township
Clerk.
[Amended 6-3-1981 by Ord. No. 1981-3; 7-3-1991 by Ord.
No. 1991-8]
All owners of residential rental property are required to obtain
a certificate of occupancy from the Housing Officer for Quinton Township.
Said certificate of occupancy is to be obtained prior to the rental
of the premises. The fee for a certificate of occupancy as aforesaid
shall be $25.
[Amended 4-7-1976 by Ord. No. 1976-2; 6-21-1979 by Ord. No.
1979-6; 7-3-1991 by Ord. No. 1991-8]
Whenever a petition is filed with the Construction Code Official
or Housing Officer 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 Construction Code Official or Housing 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 with interest in such dwelling a complaint stating
the charges in that respect and containing a notice that a hearing
will be held before the Construction Code Official or Housing 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 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 complaints;
and that the rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Construction Code
Official or Housing Officer.
[Amended 4-7-1976 by Ord. No. 1976-2; 6-21-1979 by Ord. No.
1979-6; 7-3-1991 by Ord. No. 1991-8]
If, after such notice and hearing, the Construction Code Official
and/or Housing Officer determines that the dwelling under consideration
is unfit for human habitation as herein defined, 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:
A.
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 to have
said building vacated and closed within the time set forth in the
order.
B.
That, 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, the owner remove or demolish said building
within a reasonable time as specified in 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 Construction Code Official or Housing Officer may cause
such building to be repaired, altered or improved or to be vacated
and closed; that the Construction Code Official or Housing 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."
D.
That, if the owner fails to comply with an order to remove or demolish
the building, the Construction Code Official or Housing 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.
E.
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
Construction Code Official or Housing 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 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 Construction
Code Official or Housing 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; 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. 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. 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, not
is anything in this chapter intended to limit the authority of the
enforcing agency or Construction Official under the State Uniform
Construction Code Act, P.L. 1975, c. 217, (N.J.S.A. 52:27D-119 et
seq.) or any rules or regulations adopted thereunder.
[Amended 4-7-1976 by Ord. No. 1976-2; 6-21-1979 by Ord. No.
1979-6; 7-3-1991 by Ord. No. 1991-8]
Complaints or orders issued by the Construction Code Official
or Housing Officer 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 by said
Construction Code Official or Housing Officer in the exercise or reasonable
diligence, and said Construction Code Official or Housing 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, 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.
[Amended 4-7-1976 by Ord. No. 1976-2; 7-3-1991 by Ord. No.
1991-8]
The Construction Code Official or Housing 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, in addition to others herein
granted:
A.
To investigate the dwelling conditions in the Township of Quinton
in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths and 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 of his functions and 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 to the Township or of 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.
[Added 6-21-1979 by Ord. No. 1979-6]
Any person aggrieved by an order issued by a public officer
under this chapter may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
public officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the public officer
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the public officer.
