[HISTORY: Adopted by the Township Committee of the Township
of Montague 7-9-62. Sections 29-11A and 29-15 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
The following terms, when used in this chapter, shall have the
following respective meanings:
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.
Township Committee of the Township of Montague.
The holder or holders of title in fee simple.
All individuals, associations and corporations who have interests
or record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire, building regulation or to other
activities concerning buildings in the municipality.
The officer authorized by this chapter to exercise the powers
herein prescribed.
A Public Officer shall be appointed by the governing body to
exercise the powers prescribed by this chapter under such title as
may be designated by said governing body. Said Officer may be the
same person as the Building Inspector.
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 the Township of Montague. 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 or structural defects; uncleanliness.
[Amended 10-8-2019 by Ord. No. 2019-17]
Whenever a petition is filed with the Public Officer by a public
authority or by not less than five residents of the Township of Montague
charging that any building is unfit for human habitation or occupancy
or use, or whenever it appears to the Public Officer on his own motion
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, issue and cause to be served upon the owner
and anyone else with responsibility for the building a complaint stating
the charges of unfitness and containing a notice: 1) that the building
is to be boarded or otherwise secured within five days of receipt
of the notice to prevent trespass into the structure; and 2) that
a hearing regarding the unfitness of the building and the measures
to be taken to resolve safety concerns will be held before the Public
Officer, or his designated agent, at the municipal building, not less
than 10 days nor more than 30 days after the serving of said complaint.
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 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 Sussex County
and circulated in the Township of Montague. A copy of such complaint
or order shall be posted in a conspicious place on the premises affected
by the complaint or order. A copy of such complaint or order shall
also be duly recorded or lodged for record with the County Clerk of
Sussex County.
The owner and parties in interest shall have 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 said complaint.
The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Public Officer, except
as may otherwise be provided by law.
At the time and place stated in said complaint or at such time
and place to which said hearing shall be adjourned from time to time,
the Public Officer shall hold a hearing at which complainants, if
any, and the owners and parties in interest and witnesses shall be
heard and at which the said Public Officer shall publicly state the
results of his investigation.
If, after such notice and hearing, the public 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 requiring
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 have the
said building vacated and closed within the time set forth in the
order. 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, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order of removal.
A.Â
If the owner fails to comply with an order so issued by the Public
Officer to repair, alter 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. The Public Officer may cause
to be posted on the main entrance of any dwelling 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."
B.Â
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, and receipt of, bids therefor.
A.Â
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 and the amount of the cost of
such repairs, alterations or improvements, or vacating and closing,
or removal or demolition, shall be a municipal lien against the real
property against which such costs were incurred.
B.Â
A detailed statement of the aforesaid costs shall be filed with the
municipal Tax Assessor or other custodian of the record of tax liens,
and a copy of said statement shall be forthwith forwarded to the owner
by registered mail.
C.Â
If the building is removed or demolished by the Public Officer, he
shall sell the materials of such building and shall credit the proceeds
of such sale against the cost of removal or demolition, and any 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 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.
D.Â
Any owner or party in interest may, within 60 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.
In addition to the powers granted to the Public Officer in this
chapter, he shall also have the following powers:
A.Â
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.Â
To administer oaths, affirmations, examine witnesses and receive
evidence.
C.Â
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.Â
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.Â
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
The failure, neglect or refusal of any person to comply with
any order made by the Public Officer pursuant to the provisions hereof,
or the hindrance by any person of the Public Officer in making any
investigation under this chapter shall constitute a violation of this
chapter.
This chapter is adopted pursuant to the provisions of N.J.S.A.
40:48-2.3 et seq.
Any person or persons, firm or corporation or association violating
this chapter or any of the provisions thereof shall, upon conviction
thereof, be subject to a fine not exceeding $500 or imprisonment in
the Sussex County Jail for a term not exceeding 90 days, or both,
in the discretion of the Judge before whom such violator shall be
convicted.
