[Amended 5-10-2023 by Ord. No. 2023-07]
The Code Enforcement Officer is hereby designated to serve as
the local housing inspector hereunder, and all inspections, regulations,
enforcement and hearings on violations of the provisions of this chapter,
unless expressly stated to the contrary, shall be under the direction
and supervision of the Borough Council.
The local housing inspector shall 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 and to 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, and provided
that any entrance without the permission of the occupant shall be
consistent with the laws and Constitutions of the State of New Jersey
and of the United States.
D.
To appoint and fix 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.
F.
To collect on behalf of the municipality any appropriate fees properly
authorized.
The local housing inspector may, subject to approval by the
governing body by ordinances amending this chapter, adopt written
rules and regulations as he may deem necessary for the proper enforcement
of the provisions of this chapter; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
chapter nor in anywise alter, amend or supersede any of the provisions
thereof. The local housing inspector shall file a certified copy of
all rules and regulations which he may adopt in his office and in
the office of the Borough Clerk of the Borough of Lindenwold. Such
rules and regulations shall be ineffective until adoption by the governing
body of the Borough of Lindenwold by ordinance.
A.
The local housing inspector is hereby authorized and directed to
make inspections to determine the condition of dwelling units, commercial
buildings, industrial buildings and any other building or premises
located within the Borough of Lindenwold in order to perform the duty
of safeguarding the health and safety of the occupants of the buildings
or dwelling units and the general public. For the purposes of making
such inspections, the local housing inspector is hereby authorized
to enter, examine and survey at all reasonable times all dwelling
units, commercial buildings, industrial buildings or any other building
or premises. The owner or occupant of a dwelling unit, commercial
building, industrial building or any other building or premises shall
give the local housing inspector free access to such building or premises
at all reasonable times for the purposes of making such inspection,
examination and survey.
B.
Every occupant of a dwelling unit, commercial building, industrial
building or other building shall give the owner thereof, or his or
her agent or employee, access to any part of such dwelling unit, commercial
building, industrial building, or other building or its premises at
all reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
C.
The local housing inspector shall inspect a dwelling unit or a rental
unit whenever there shall occur a change in occupancy in a rental
unit by change in tenant or by the execution of a new lease with a
new tenant or a change in occupancy in any other dwelling units by
sale or lease, and a new occupancy certificate shall be required.
D.
The local housing inspector shall inspect a commercial building or
an industrial building whenever any change in industrial, institutional
or commercial use occurs, and a new occupancy certificate shall be
required.
E.
Whenever a complaint is filed in writing with the local housing inspector
by a public authority or by at least five residents of the municipality
charging noncompliance with this chapter, or whenever it appears to
the local housing inspector on his own motion or upon notice from
the Police Department that there is noncompliance with this chapter,
the local housing inspector shall inspect the dwelling unit or building
charged with noncompliance after written notification to the owner
or occupant.
F.
Whenever a change set forth in Subsection C or D above shall occur, the owner of said dwelling or premises shall notify the local housing inspector at least seven days prior to such change in occupancy or use and make the dwelling unit, commercial building or industrial building and its premises available to the local housing inspector for inspection to determine compliance with this chapter. In the event of a cancellation or change, the property owner shall give at least 48 hours' notice to the local housing inspector. The local housing inspector will endeavor to have the inspection done in seven days. Occupancy of any building that has not been inspected in accordance with this section shall be a violation of this chapter.
G.
Following each inspection, the local housing inspector shall provide
a rating of habitability for each dwelling unit, commercial building
and industrial building as follows:
(1)
Unsatisfactory. This rating shall apply where the dwelling unit or
building is considered unfit for human habitation and shall cause
the dwelling unit, commercial building or industrial building to be
vacated immediately. If the local housing inspector issues this rating,
then no occupancy certificate shall be issued, and any occupancy shall
be a violation of this chapter.
(2)
Conditional. This rating shall apply where the dwelling unit or building
is in violation of this chapter, but the violations do not cause the
building to be unfit for human habitation. Such a rating shall permit
occupancy, provided that the violations as cited are corrected within
a thirty-day time period. If violations continue to exist after the
expiration of 30 days from notice of a conditional rating, court action
would be instituted and a fine or penalty as prescribed in this chapter
shall be issued on a daily basis.
(3)
Satisfactory. This rating shall permit occupancy for a period of
one year or until the next scheduled inspection for habitability or
until receipt of a complaint. If the local housing inspector issues
this rating, a new occupancy certificate shall be issued, provided
that all applicable fees have been paid.
[Amended 11-5-2014 by Ord. No. 2014-01; 5-10-2023 by Ord. No. 2023-07
A.
Complaints,
notices or orders issued by a local housing inspector pursuant to
this chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons are unknown
and the same cannot be ascertained by the local housing inspector
in the exercise of reasonable diligence, and the local housing inspector
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
each week for two successive weeks 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.
B.
The local
housing inspector shall, if an inspection discloses a basis for such
charges, 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 local housing inspector (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 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 local housing
inspector.
C.
The owner and/or operator of the property shall have the right to
a hearing on the alleged violation and charges. The owner and/or operator
shall make written request for a hearing to challenge the violation
and charges to the housing inspector, whose contact information shall
appear on the notice of violation. The request for a hearing must
be received by the housing inspector within 30 days of the owner's
and/or operator's receipt of the notice of violation, or shall
be deemed waived. Upon receipt of a request for a hearing, the Borough
of Lindenwold shall cease all action and/or enforcement concerning
the violations alleged in the notice and/or complaint.
D.
All hearings as authorized by this section shall be conducted by
a hearing examiner, who shall be an independent arbitrator, or sitting
or retired Judge of the Superior or Municipal Court of New Jersey,
and shall be appointed by the Borough of Lindenwold governing body.
The rules of evidence shall not apply in these hearings.
E.
The hearing examiner shall issue a report, with findings and recommendations, to all interested parties within 20 days of the conclusion of the hearing. Only upon the hearing examiner determining there exists a violation of the Lindenwold Municipal Code may the governing body entertain a resolution as set forth in § 240-33.
F.
The notice of violation shall contain the following language: "In
the event you disagree with this notice of violation, and wish to
challenge the violations set forth in the notice, please send a written
request for a hearing to: the Borough of Lindenwold Code Enforcement
Office, Lindenwold Municipal Building, 15 N. White Horse Pike, Lindenwold,
NJ 08021. In the event you do not request a hearing within 30 days
of your receipt of this notice, you will waive your right to a hearing.
Upon receipt of your request for a hearing, the Borough will notify
you of the time, date, and place for the hearing. You have the right
to appear at the hearing, present evidence, file a written answer
explaining your position, and give testimony at the hearing."
A.
The local housing inspector may determine that a building or dwelling
unit qualifies for an unsatisfactory rating or is unfit for human
habitation or occupancy or use if he finds:
(1)
The building or dwelling unit is an unsafe structure;
(2)
The building or dwelling unit lacks a potable water supply;
(3)
The building or dwelling unit lacks illumination, ventilation or
sanitary facilities adequate to protect the health and safety of the
occupants or the public;
(5)
A dwelling unit has an infestation of rodents, insects, vermin or
other pests;
(6)
The building or dwelling unit has failed to comply with any law or
ordinance requiring installation or maintenance of smoke detectors;
(7)
The building or dwelling unit has walls or other vertical structural
members that list, lean or buckle to such an extent that a plumb line
passing through the center of gravity falls outside the middle third
of its base;
(8)
The building or dwelling unit shows, exclusive of the foundation,
33% or more of damage or deterioration of the supporting members or
members or 50% of damage or deterioration of the nonsupporting enclosing
or outside walls or covering;
(9)
The building or dwelling unit has improperly distributed loads upon
the floors or roofs or in which the same are overloaded or which have
insufficient strength to be reasonably safe for the purpose used;
(10)
The building or dwelling unit has been damaged by fire, wind
or other causes so as to become 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;
(11)
The building or dwelling unit has inadequate egress in case
of fire or panic or is one having insufficient stairways, elevators,
fire escapes or other means of egress;
(12)
Conditions exist in such building or dwelling unit which are
unlawful, 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, because of the degree to which the
building or dwelling unit is in disrepair or lacks maintenance, is
unsanitary, contains filth or contamination, increases the risk of
fire, accident or other calamity, or otherwise constitutes a hazard
or is likely to cause sickness or disease.
B.
No person shall occupy, rent to or permit another to occupy any dwelling
unit for the purposes of living therein which has been declared unfit
for human occupancy.
A.
If after such notice and hearing the local housing inspector determines
that the building or dwelling unit 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:
(1)
Requiring the repair, alteration or improvement of said building
or apartment to be made by the owner within a reasonable time, which
time shall be set forth in the order, and that the building or dwelling
unit be vacated and closed within the time set forth in the order;
or
(2)
If the building or apartment 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, to 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.
B.
All repairs, additions, alterations or replacements in dwelling units,
commercial buildings or industrial buildings or premises to bring
such dwelling units, commercial buildings or industrial buildings
or premises into compliance with this chapter shall conform to all
Borough ordinances and the Uniform Construction Code, or other laws
governing the construction, replacement, repair or alteration of such
buildings or premises or the facilities or equipment contained therein.
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 or dwelling unit, the local housing inspector may cause such
building or apartment to be repaired, altered or improved or to be
vacated and closed; and the local housing inspector may cause to be
posted on the main entrance of any building or dwelling unit so closed
a placard with the following words: "This building or apartment is
unfit for human habitation or occupancy or use; the use or occupation
of this building or apartment is prohibited and unlawful." If the
owner fails to comply with an order to remove or demolish the building,
the local housing inspector 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.
A.
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 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.
The local housing inspector shall certify the cost thereof to the
governing body, which shall examine the certificate and, if found
correct, shall cause the cost as shown thereon to be charged against
said lands; the amount so charged shall forthwith become a lien upon
such lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes. Costs for removal
or demolition of a building shall include all costs for the closure
and/or removal of any and all underground storage tank systems which
were closed and/or removed pursuant to the applicable provisions of
N.J.S.A. 58:10A-22 et seq., and any applicable rules and regulations
promulgated by the authority thereof and the applicable provisions
of N.J.A.C. 7:14B-9.1 et seq.
B.
The local housing inspector must comply with the statutory requirements
embodied at N.J.S.A. 40:48-1 et seq., both before and after the building
is removed or demolished. The property or materials left behind following
the demolition or removal shall not be sold unless permitted by state
or local statute. In the event that any property or materials are
sold, after proper notice is given and all applicable statutory provisions
have been followed, the proceeds of that sale shall be credited to
the removal or demolition costs incurred. 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 local housing inspector, 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.
Where a property has failed to have been maintained in accordance
with this chapter, the local housing inspector may, with the approval
of the governing body of the Borough of Lindenwold by resolution,
bring an action to be appointed receiver ex officio of the rents and
income of any such property for the purpose of collecting the rents
and income from such property and expending the same for the purpose
of abating the conditions against which this chapter is directed.
Where it shall be necessary and expedient for the preservation of public health, safety or general welfare, or to eliminate a fire hazard, the Borough Council may require the owner or occupant of a premises to remove or destroy brush, weeds including ragweed, dead or dying trees, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove or destroy the same. Notice shall be made as provided in § 240-23. In cases where the owner or occupant shall have refused or neglected to remove or destroy same in the manner and within the time provided above, the Borough Council may provide for the removal or destruction of the same by or under the direction of a municipal officer; such officer shall certify the costs thereof to the Borough Council, who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said premises; the amount so charged shall forthwith become and form part of the taxes to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes. Notice of the amount so charged as a lien against the premises shall be forwarded to the owner by certified mail. Any owner or party interested may, within 30 days of the filing of the lien certificate, proceed in a summary manner in the Superior Court solely to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificates.
Any violation of any ordinance other than this chapter discovered
in the enforcement of this chapter shall be reported to the local
housing inspector, who shall refer the alleged violation to the official
or agency responsible for the enforcement of such ordinance.
The local housing inspector shall have the power to withhold
strict enforcement of this chapter upon written application therefor
by an owner or party in interest after obtaining approval of the Borough
Council and after making determination that:
A.
Any variation or modification of structure use approved by the local
housing inspector will not in any material way alter the standards
of this chapter and cannot affect detrimentally the health or safety
of occupants of the premises or the health, safety or welfare of the
occupants or owners of adjacent premises or of the neighborhood.
B.
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on premises that would be substantially disproportionate to any benefit
to health, safety or welfare that might be derived therefrom.
C.
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this chapter.
The local housing inspector may grant extensions of time whenever
he or she shall determine that, despite diligent effort, compliance
cannot be accomplished within the time specified in the notice or
under this chapter. If, however, such extension shall be for a period
in excess of three business days or if more than one extension is
sought, the local housing inspector shall require a written application
of extension stating the need for said extension and demonstrating
that the continued noncompliance will not be detrimental to the health,
safety or welfare of the occupants of the building or dwelling unit
or the public. The local housing inspector shall rule in writing upon
the extension, and such ruling shall be made part of the file.
[Amended 5-10-2023 by Ord. No. 2023-07]
A.
Prior to the governing body taking action, as set forth in this section, the Borough shall serve notice of the alleged nuisance, defect, and/or condition on the owner and/or operator of the premises consistent with the requirements of N.J.S.A. 40:48-2.7 and § 240-23, setting forth with specificity the nature of the alleged violation. The notice of violation shall provide that in the event the nuisance, defect, and/or condition is not remediated and/or otherwise abated within a time period of not less than seven, nor more than 30, days, the Borough will take whatever action may be deemed necessary and proper to rectify and remediate the situation.
B.
In the event the owner and/or operator of a premises fail to rectify
and/or remediate a nuisance, defect, and or alleged condition within
the time frame as indicated in the notice of violation served upon
the owner and/or operator, the governing body of the Borough of Lindenwold
may, by resolution, abate the nuisance, correct the defect, or remediate
the condition of the premises so as to comply with the requirements
of any municipal ordinance or state law applicable thereto at the
cost of the owner or lessor, as set forth herein.
C.
The owner and/or operator of the premises shall be served with a
copy of the proposed resolution, authorized under this section, at
least three business days prior to the resolution being entertained
by the governing body. The owner and/or operator shall be served with
a copy of the resolution by regular and certified mail, return receipt
requested.
D.
The owner and/or operator shall be served with a copy of the resolution,
in the event of passage, by regular mail.
E.
All costs incurred by the Borough to effectuate repairs, alterations, improvements and/or remediations, including any ancillary costs incurred therewith, including legal fees, filing fees, witness fees, search fees, and/or publication expenses, shall be a municipal lien against the property pursuant to the terms of § 240-27.
Whenever the local housing inspector finds that an emergency
exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order requiring
that such action be taken as he determines necessary, applying the
statutes and other provisions of this chapter to meet the emergency,
and such order shall be effective immediately; and any person to whom
such order is directed shall comply immediately but, upon petition
to the local housing inspector, shall be afforded a hearing as soon
as possible. The provisions of this chapter as to charging the costs
and making them assessable as taxes shall apply to such emergencies.
In the event that a single-family home is damaged by fire or
other immediate emergency such as flood, lightning or being struck
by a falling tree and, in the opinion of the Borough Construction
Code Official, the inhabitants of the structure cannot safely continue
to reside in the structure during its repair or reconstruction, then
the Construction Code Official may authorize placement of a trailer
on the site as temporary living accommodations for the inhabitants.
The Construction Code Official shall approve the type of trailer and
its location on the site and shall make sure it complies with all
other applicable laws, regulations and ordinances. The Construction
Code Official shall have the authority to grant an initial ninety-day
permit for the temporary trailer and such other extensions as he deems
appropriate. However, in no event shall the temporary trailer be permitted
to remain on the site for longer than nine months. Nothing in this
section shall permit use of a temporary trailer on a site where the
structure has become uninhabitable due to neglect and/or failure to
repair and maintain the structure.
It shall be the duty of the Police Department and the local
housing inspector to coordinate their efforts for purposes of enforcing
this chapter. Any violations found by proper representatives of the
Police Department shall be immediately forwarded to the local housing
inspector (not more than 48 hours from said noted violation), and
the Police Department representatives designated by the Chief of Police
shall assist the local housing inspector and/or his representatives
in obtaining legal entrance into a dwelling unit, building or premises
in order to effectuate enforcement of this chapter.
A.
Where any person fails to comply with a notice issued pursuant to
this chapter, such a person or entity shall be deemed in violation
of this chapter and shall be subject to the penalties provided herein,
and each day of noncompliance with said notice shall be deemed and
taken to be a separate and distinct offense. Any person who shall
violate any of the provisions of this chapter or any person who aids,
assists or abets in the violation of any provision of this chapter
shall be subject to the penalties provided herein, and each violation
of any of the provisions of this chapter for each day the same is
violated shall be deemed and taken to be a separate and distinct offense.
A summons may be issued from Municipal Court for such violation, but
nothing contained herein shall limit further action under the criminal
and civil laws of this state through any court of competent jurisdiction
as may be necessary to remove or abate any nuisance.
B.
This chapter is enacted pursuant to the following New Jersey
statutes: N.J.S.A. 40:48-2.14; 40:48-1, Subdivision 15; 40:48-2.3
through 40:48-2.12; 40:48-2.12a through 40:48-2.12g; 40:69A-30; and/or
N.J.S.A. 2A:42-74 through 2A:42-78 and the municipality's general
police powers.
