[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy
Hills 10-28-1986 by Ord. No. 86:72 as Sec. 10-3 of the 1986 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
The Rehabilitation Director charged with the enforcement of this
chapter.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or official who is in charge of any department
or branch of the government of the Township, county or state relating to health,
fire, building regulations, or to other activities concerning buildings in
the Township.
It has been found and declared that there exists in the Township buildings
which are so old or dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use,
and that the occupancy or use of such buildings for any purpose is inimical
to the health and safety of the people of the Township, and that a public
necessity exists for the repair, closing or demolition of such buildings.
For the enforcement of provisions of this chapter, the Rehabilitation Director, appointed pursuant to § 4-2F, shall exercise all powers of the public officer conferred upon him by N.J.S.A. 40:48-2.3 et seq.
Whenever it appears that there exists in the Township any building which
is unfit for human habitation, occupancy or use due to dilapidation, disrepair
or structural defect increasing the hazards of fire, accidents or other calamities,
lack of adequate ventilation, light or sanitary facilities, or due to other
conditions rendering such building unsafe or unsanitary and dangerous or detrimental
to the health or safety or otherwise inimical to the welfare of the residents,
the Director shall, upon the filing of a petition by a public authority or
by at least five residents of the Township charging that any building is unfit
for human habitation, occupancy or use or if it shall appear to such Director
on his own motion that any building is unfit for human habitation, occupancy
or use, make a preliminary investigation or cause such preliminary investigation
to be made concerning the basis for such charges.
A.
Buildings shall be considered unfit for human habitation, occupancy or use, within the meaning of § 109-4, when one or more of the following conditions are found to exist:
(1)
Condition of structure: the condition of the structure
is such as to make it unsafe or unsanitary through the presence of serious
safety hazards resulting from the need for major repairs to roof, walls, ceilings,
floors, or stairs, or through the presence of serious health hazards resulting
from continuous dampness or exposures brought about by neglect or dilapidation.
(2)
Water supply: lack of potable running water within each
dwelling or lack of hot water facilities available to each dwelling.
(3)
Sewerage system: no connection between plumbing fixtures
and adequate sewage disposal system.
(4)
Toilet facilities: no flush toilet, fit for use, in each
building.
(5)
Bath facilities: no bathtub or shower, fit for use, in
each dwelling.
(6)
Kitchen facilities: lack of permanent, safe and reasonably
efficient kitchen facilities within each dwelling unit, including sink with
running water and provisions for a cooking stove.
(7)
Lighting facilities: building inadequately wired for
electricity.
(8)
Heating facilities: heating facilities inadequate or
unsafe.
(9)
Light and ventilation: living room, bedroom or kitchen
with no windows, or with windows opening on an airshaft, or toilet or bathroom
without adequate ventilation.
If a preliminary investigation shall disclose to the Director a basis
for the charges filed, he 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. The complaint shall also contain a notice that a hearing
will be held before him at a place therein fixed not less than 10 days nor
more than 30 days after the serving of the complaint.
The owner and parties in interest shall have the right to file an answer
to the complaint and to appear in person, by counsel or otherwise and give
testimony at the time and place fixed in the complaint.
The rules of evidence prevailing in the courts shall not be controlling
in hearings before the Director.
The Director may determine that a building is unfit for human habitation, 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; such conditions may include, without limiting the generality of the foregoing, defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair, structure defects; uncleanliness; and the conditions set forth in §§ 113-4 and 113-5.
When, after such notice and hearing, the Director determines that the
building under consideration is unfit for human habitation, 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 the parties
in interest, an order, as follows:
A.
Requiring the repair, alteration, or improvement of the
building to be made by the owner within a reasonable time, which shall in
no event exceed 90 days from the order, which time shall be set forth in the
order, or, at the option of the owner, to vacate or have the building vacated
and closed within the time set forth in the order.
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 the building within the time specified
in the order, then the owner shall be required to remove or demolish the building
within a reasonable time, to be specified in the order.
A.
Placarding. 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 Director may cause such building to be repaired, altered
or improved, or to be vacated and closed. The Director shall 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."
B.
Removal by Township. If the owner fails to comply with
an order to remove or demolish the building, the Director may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement, and after receipt of, bids therefor.
A.
The amount of the cost of 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 Township,
and the cost of such repairs, alterations or improvements, or vacating and
closing, or removal or demolition, when done by the Director, shall be a municipal
lien against the real property upon which said cost was incurred.
B.
If the building is removed or demolished by the Director,
he shall sell the materials of such building and shall credit the proceeds
of such against the cost of the removal or demolition, and any balance remaining
shall be deposited in the Superior Court of New Jersey, Chancery Division,
by the Director, shall be secured in such manner as may be directed by such
court, and shall be disbursed by such court to the persons found to be entitled
thereto by final order or decree of such court; provided, however, that nothing
in this chapter shall be construed to impair or limit in any way the power
of the Township to define and declare nuisances and to cause their removal
or abatement by summary proceedings or otherwise.
Complaints, notices and orders issued by the Director pursuant to this
chapter shall be served upon persons either personally or by registered mail.
If the whereabouts of such persons is unknown and the same cannot be ascertained
by the Director in the exercise of reasonable diligence, and the Director
shall make an affidavit to that effect, then the serving of such complaint,
notice or order upon such person may be made by publishing the same once each
week for two successive weeks in the newspaper printed and published in the
Township. A copy of such complaint, notice or order shall be posted in a conspicuous
place on the premises affected by the complaint, notice or order. A copy of
such complaint, notice or order shall be duly recorded or lodged for record
with the County Clerk of Morris County.
In addition to the powers herein granted to the Director, he shall also
have the following powers:
A.
To investigate the building conditions in the Township
in order to determine which buildings therein are unfit for human habitation,
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.
Any person aggrieved by an order issued by the Director may bring a
court action pursuant to N.J.S.A. 40:48-2.8.
Every building which shall have been damaged by fire or other cause
so as to be dangerous by reason of the bad condition of walls, floors, construction
or otherwise shall be held to be unsafe, and the Director, besides proceeding
as hereinabove provided, shall also fix a notice of the dangerous character
of the structure to a conspicuous place on the exterior of the building.
The remedies herein provided shall be exclusive remedies, and no person
affected by an order of the Director shall be entitled to recover any damages
for action taken pursuant to any order of the Director or because of noncompliance
by such person with any order of the Director.
Nothing in this chapter shall be construed to abrogate or impair the
powers of the courts or of any department to enforce any provisions of any
charter or its ordinances or regulations, nor to prohibit or punish violations
thereof; and the powers conferred by this chapter shall be in addition and
supplemental to the powers conferred by any other laws or ordinance.
Any person convicted of a violation of any of the provisions of this chapter by unlawfully removing any notice affixed to any building or refusing to vacate any building, structure or premises or part thereof when lawfully ordered to vacate the same shall, upon conviction, be subject to a penalty as established in Chapter 1, § 1-17.
