[HISTORY: Adopted by the Township Council of the Township of Springfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-1994 as § 12-3 of the 1994 Code]
It shall be the duty of the Construction Code Official to report, in
writing, to the Township Council any and all buildings, walls or structures
in the Township which are or may become unsafe and dangerous to life or health
or which might tend to extend a conflagration, and if any such building, wall
or structure can be repaired, altered or fireproofed in such a manner as to
remove the danger, the Construction Code Official shall include in his/her
report a recommendation of the repairs, alterations or fireproofing which
in his/her opinion should be made.
Whenever a report is made to the Township Council by the Construction
Code Official that any building, wall or structure is or may become dangerous
to life or health or is of such a character or condition as might tend to
extend a conflagration, the Council shall cause notice of the contemplated
removal or destruction of such building, wall or structure to be given to
the owner of the land affected thereby. Such notice shall contain a description
of the property affected, sufficiently definite in terms to identify it, and
shall state that a hearing will be held before the Council at a time and place
therein fixed, which shall be not less than 10 days after service of the notice.
The owner shall have the right to appear in person, or otherwise, and present
testimony at the time and place fixed in the notice.
If, after such notice and hearing, the Township Council determines that
the building, wall or structure under consideration is or may become dangerous
to life or health or might tend to extend a conflagration, the Council shall
cause notice to be given to the owner of the land affected thereby, directing
such owner to destroy or remove same and fill to grade all excavation under
or in connection with such building, wall or structure, or if the Council
determines that such building, wall or structure can be repaired, altered
or fireproofed in such a manner as to remove such danger to life or health
or as a fire hazard, such notice shall direct the owner to make such repairs,
alterations or fireproofing as may be specified in the notice. The notice
shall contain a description of the property affected, sufficiently definite
in terms to identify it, as well as a description of the manner in which such
repairs, alterations, fireproofing, removal or destruction is to be carried
out, and a notice that unless such building, wall or structure is repaired,
altered, fireproofed, removed or destroyed within 30 days after service of
the notice the Township will proceed with the removal or destruction thereof
or cause the same to be proceeded with pursuant to N.J.S.A. 40:48-1.1.
Any notice required by this article may be served upon an owner resident
in the Township, in person or by leaving it at his/her usual place of residence
with a member of his/her family above the age of 14 years. If an owner does
not reside in the Township, notice may be served upon him/her personally or
by mailing it to his/her last known post office address, or it may be served
upon the occupant of the property or upon the agent of the owner in charge
thereof. If the owner of the property is unknown or service cannot for any
reason be made as above indicated, notice thereof shall be published at least
once, not less than 30 days before the proposed removal or destruction, in
a newspaper circulating in the Township of Springfield. There may be inserted
in the advertisement notice to the owners of several different parcels of
land. Notice to infant owners or owners of unsound mind shall be served upon
their guardians. Where lands are held in trust, service shall be made upon
the trustee. Where lands are held by two or more joint tenants, tenants in
common or tenants by the entirety, service upon one of such owners shall be
sufficient and shall be deemed and taken as notice to all.
Within 10 days after service of the notice required by § 62-3, proof of service shall be filed with the Township Clerk and the Tax Collector, but failure to file the same shall not invalidate the proceedings if service has actually been made as provided in this article.
Whenever an owner fails to comply with a notice to destroy or remove
a building, wall or structure or to repair, alter or fireproof the same, the
Township Council may cause such building, wall or structure to be removed
or destroyed. When any such removal or destruction is undertaken and completed
by the Township, an accurate account of the cost and expense thereof shall
be kept, and a true statement under oath or affirmation shall be filed by
the Construction Code Official with the Township Clerk. The Council shall
examine the same and if it is properly made, shall confirm it and file such
report with the Township Clerk, who shall record the same in a book to be
kept for that purpose.
The costs of removal or destruction, as evidenced by a true statement under oath or affirmation duly filed and confirmed by the Township Council as provided in § 62-6, shall be a municipal lien against the premises. In addition, the Township may institute a civil action against such owners to recover such costs.
All work in connection with the repairing, altering, fireproofing, removing
or destroying of any building, wall or structure, pursuant to the terms of
this article, shall be in charge of the Construction Code Official with the
approval and authorization of the Township Council
[Adopted 12-14-1994 as § 12-4 of the 1994 Code]
The Construction Code Official is appointed as the public officer to
exercise the powers and duties prescribed by this article.
The public officer may determine that a building is unfit for human
habitation, occupancy or use if (s)he finds that conditions exist in the building
which are dangerous or injurious to the health and safety of the occupants
of the building, the occupants of neighboring buildings or other residents
of the Township. The conditions may include, without intending to limit the
generality of the foregoing, defects therein increasing the hazards of fire,
accidents or other calamity, lack of adequate ventilation, light or sanitary
facilities, dilapidation, disrepair, structural defects, uncleanliness.
In order to effectuate the provisions of this article, the public officer
shall have the following powers:
A.
Investigate building conditions in the Township in order
to determine which buildings are unfit for human habitation, occupancy or
use.
B.
Administer oaths, affirmations, examine witnesses and
receive evidence.
C.
Enter upon premises for the purpose of making examinations,
provided that entry shall be made in such manner as to cause the least possible
inconvenience to the persons in possession.
D.
Appoint and fix the duties of such officers, agents or
employees as (s)he deems necessary to carry out the purpose of this article.
E.
Delegate any of his/her functions and powers under this
article to such officers and agents as (s)he may designate.
Whenever a petition is filed with a public officer by a public authority as defined in N.J.S.A. 40:48-2 and 40:48-4, or by at least five residents of the Township, charging that any building is unfit for human habitation, occupancy or use as defined in Chapter 111, Housing Standards, § 111-8, of this Code, or whenever it appears to the public officer on his/her own motion that any building is unfit for human habitation, occupancy or use, the public officer shall, if his/her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner or parties in interest in the building, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer or such agent as (s)he shall designate at a place therein fixed, and at a time not less than seven nor more than 30 days after service 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 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 public officer.
A.
If, after the prescribed notice of hearing, the public
officer determines that the building under consideration is unfit for human
habitation, occupancy or use, (s)he shall set forth, in writing, his/her findings
of fact in support of such determination, and shall issue and cause to be
served upon the owner and parties in interest an order requiring the repair,
alteration or improvement of the building to the made by the owner within
a reasonable time, which time shall be specified in the order. The order shall
further provide that the owner may, at his/her option, vacate or cause the
building to be vacated and closed within the time prescribed in the order.
B.
Notwithstanding any or all of the foregoing, if the building
is in such condition to make it dangerous to the health and safety of persons
on or near the premises, the order shall provide that if the owner fails to
repair, alter or improve the building within the time specified in the order,
that the owner shall be required to remove or demolish the building within
a reasonable time, such time to be specified in the order of removal.
A.
Order for repair. In the event that an 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, then the public officer may cause
the building to be repaired, altered or improved or to be vacated and closed.
The public officer may also, in the event of noncompliance, cause to be posted
at 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.
Order for demolition. In the event the owner fails to
comply with an order to remove or demolish the building, the public officer
may cause the building to be removed or demolished, or may contract for the
removal or demolition of the building after advertisement for and receipt
of bids thereon.
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 article determined in favor of the Township, shall be a municipal
lien against the real property upon which the cost was incurred. The cost
of repairs, alterations or improvements or vacating and closing, or removal
or demolition, if any, or the amount of the balance thereof remaining after
the deduction of the sum, if any, realized from the sale of materials derived
from the building or from any contract for removal or demolition thereof,
shall also be a municipal lien against the real property against which the
cost was incurred. If the building is removed or demolished by the public
officer, (s)he shall sell the materials of the building. There shall be credited
against the cost of the removal or demolition thereof the proceeds of any
sale of 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 the costs exceeds the total of the credits, a detailed statement of the
costs and the amount due shall be filed with the 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
public officer, shall be secured in the manner directed by the court, and
shall be disbursed according to the order or judgment of the court to the
person found to be entitled thereto by final order or judgment of the court.
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.
Nothing contained in this article 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 and orders issued by the public officer pursuant to this
article 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 public officer in the exercise of reasonable diligence,
and the public officer makes an affidavit to that effect, then the serving
of the complaint or order upon the persons may be made by publishing the same
once each week for two successive weeks in a newspaper printed and published
in the Township, or in the absence of such newspaper, in one printed and published
in the county and circulating in the Township in which the buildings are located.
A copy of the complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order. A copy of the 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.
