Township of Winslow, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee the Township of Winslow 7-28-72 as Ord. No. 0-12-72 as Ch. 28A of the 1970 Code of the Township of Winslow. Amendments noted where applicable.]
GENERAL REFERENCES
Boarding of windows — See Ch. 90.
Dangerous buildings — See. Ch. 96.
Uniform construction codes — See. Ch. 113.
Contractor registration — See Ch. 116.
Housing standards — See. Ch. 159.
Public health nuisances — See Ch. 183.
Property maintenance — See Ch. 204.
For the purpose of this chapter, the terms used herein are defined as follows:
BUILDING
Any building or structure or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
The Township Committee.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any officer who is in charge of any department or branch of the Township of Winslow, County of Camden, State of New Jersey, relating to health, fire, building regulations or other activities concerning buildings in the Township of Winslow.
UNFIT FOR HUMAN HABITATION OR OCCUPANCY OR USE
Conditions that make a building dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Township of Winslow. 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; uncleanliness.
[Added 9-25-07 by Ord. No. 0-36-07]
[Amended 3-25-87 by Ord. No. 0-4-87]
The Construction Official is hereby designated and appointed to exercise the powers prescribed by this chapter.
[Added 9-25-07 by Ord. No. 0-36-07]
The Township Administrator is hereby designated and appointed as the Hearing Officer for all hearings required under this chapter.
[Amended 3-25-87 by Ord. No. 0-4-87; 9-25-07 by Ord. No. 0-28-07]
Whenever a petition is filed with the Construction Official by a public authority or by at least five (5) residents of the municipality charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the Construction Official on his own motion that any building is unfit for human habitation or occupancy or use, the Construction Official 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 building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Hearing Officer at a place therein fixed not less than seven (7) days nor more than thirty (30) days after the serving of said complaint and 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. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Hearing Officer.
[Amended 3-25-87 Ord. No. 0-4-87]
A. 
If, after such notice and hearing, the Hearing Officer determines that the building 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:
[Amended 9-25-07 by Ord. No. 0-36-07]
(1) 
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
(2) 
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 the said order of removal.
B. 
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 Official may cause such building to be repaired, altered or improved or to be vacated and closed, and the Construction Official 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."
[Amended 3-25-87 by Ord. No. 0-4-87]
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 Official may cause such building to be repaired, altered or improved or to be vacated and closed.
[Amended 3-25-87 by Ord. No. 0-4-87]
If the owner fails to comply with an order to remove or demolish the building, the Construction Official may cause such building to be removed or demolished or any contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
[Amended 3-25-87 by Ord. No. 0-4-87]
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 proceeding taken under this Act[1] determined in favor of the Township of Winslow, and such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition if any, for 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 Official 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 the sale of such materials or any sum derived from any contract for the removal of 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 exceed such costs, the balance remaining shall be deposited in the Superior Court by the Construction Official, 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. Any owner or party in interest may, within thirty (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 accuracy from the costs set forth in the municipal lien certificate.
[1]
Editor's Note: "This Act" refers to N.J.S.A. 40:48-2.3 et seq.
[Amended 3-25-87 by Ord. No. 0-4-87; 9-25-07 by Ord. No. 0-36-07][1]
Complaints or orders issued by the Construction Official or Hearing 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 Construction Official or Hearing Officer in the exercise of reasonable diligence, and the Construction Official or Hearing 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 the official newspaper designated by the Township of Winslow or, in the absence of such newspaper, in one printed and published in the county and circulating in the Township of Winslow 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.
[1]
Editor's Note: Former Section 100-8, Standards for determination of the building as unfit, previously codified herein and containing portions of Ordinance No. 0-4-87, was repealed in its entirety 9-25-07 by Ordinance No. 0-36-07.
[Amended 3-25-87 by Ord. No. 0-4-87; 9-25-07 by Ord. No. 0-36-07]
Any person aggrieved by an order issued by the Hearing Officer under this chapter may proceed for injunctive or other appropriate relief in accordance with the provisions of N.J.S.A. 40:48-2.8.
[Amended 3-25-87 by Ord. No. 0-4-87; 9-25-07 by Ord. No. 0-36-07]
Said Construction Official is hereby authorized 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 any others granted by statute:
A. 
To investigate the building conditions in the Township of Winslow in order to determine which buildings therein are unfit for human habitation or occupancy or use.
B. 
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.
C. 
To appoint and fix the duties of such officer, agents and employees as he deems necessary to carry out the purposes of this chapter.
D. 
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
[Added 9-25-07 by Ord. No. 0-36-07]
As Hearing Officer, the Hearing Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the power to administer oaths and affirmations, examine witnesses and receive evidence.
[Amended 9-25-07 by Ord. No. 0-36-07]
This chapter is adopted under and pursuant to the provisions of N.J.S.A. 40:48-2.3 et seq., as amended and supplemented, and any or all other sections or provisions thereof not specifically set forth herein are adopted and incorporated herein and made a part of this chapter.