[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Jackson 6-12-2000 by Ord. No. 12-00 (Ch. 44 of the 1972
Code). Amendments noted where applicable.]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Township of Jackson
which are so old, dilapidated or have become so out of repair as to
be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy is inimical to the welfare of the residents of Jackson
and dangerous and injurious to the health and safety of the people
of Jackson, and that a public necessity exists for the repair, closing
or demolition of such building or buildings or parts thereof.
The words "governing body," "public authority," "public officer,"
"owner," "parties in interest" and "building," whenever used or referred
to in this chapter, shall have the meanings and be defined as set
forth in N.J.S.A. 40:48-2.4.
No owner or parties in interest shall continue the existence, use or occupancy of any building or buildings or parts of buildings in violation of the findings and declarations of § 133-1 hereof.
The public officer hereby designated and appointed to exercise
the powers prescribed by this chapter shall be the Construction Official
of the State Uniform Construction Code enforcing agency, or his designee.
[Amended 10-12-2010 by Ord. No. 22-10]
Whenever a petition shall be filed with the public officer by
a public authority or by at least five residents of the municipality
charging that any building is unfit for human habitation, or whenever
it appears to the public officer 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, and after exhausting
all means through the Uniform Construction Code, shall 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 public 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 give testimony at the place and
time fixed in the complaint and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the public officer or his designated agent.
If, after such notice and hearing, the public officer determines
that the building or buildings under consideration are 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 owners thereof and parties in interest an order:
A.
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
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.
A.
If the owner fails to comply with an order to alter, repair 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; thereupon, 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; the use or occupation of this building is prohibited and
unlawful."
B.
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 and summary
proceedings for the demolition thereof.
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 the receipt of bids therefor.
The amount of the cost of the filing of legal papers, expert
witness fees, search fees and advertising charges incurred in the
course of any proceedings taken under this chapter determined in favor
of the municipality, and the 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
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 public officer 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 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 the 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.
The public officer may determine that a building is unfit for
human habitation or occupancy or use 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 other residents of such municipality; such conditions
shall be deemed to 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;
uncleanliness; or failure to comply with the requirements of the building
code or the certificate of occupancy.
Complaints or orders issued by the public 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 the public officer in the exercise
of reasonable diligence, and the public officer or his legal agent
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 duly recorded or lodged
for record with the County Clerk of Ocean County.
The public officer is hereby authorized to exercise such powers
as shall 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, 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 provisions of this chapter.
E.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Any action taken using revenues derived from the local property
tax shall be taken only after advertisement for and receipt of bids
therefor, unless the action is necessary to prevent imminent danger
to life, limb or property.
Nothing in this chapter shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause the removal or abatement, by summary proceedings or otherwise,
nor is anything in this chapter intended to limit the authority of
the enforcing agency or Construction Official under the State Uniform
Construction Code Act (N.J.S.A. 52:27D-119 et seq.) or any rules or
regulations adopted thereunder.
Any person aggrieved by any 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 action 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.
The Township Committee may establish a board, to be known as
the "Property Maintenance Board," to undertake the duties set forth
herein as the designated agent of the public officer. Such Property
Maintenance Board shall consist of five members, who shall be appointed
by the Township Committee to serve for a term of one year.
