[HISTORY: Adopted by the Township Committee of the Township of Cranbury 3-28-2005
by Ord. No. 03-05-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 72.
Fire prevention — See Ch. 84.
Land development — See Ch. 150.
Housing standards — See Ch. 157.
[1]
Editor's Note: This ordinance also repealed former Ch. 64, Buildings,
Unfit, adopted 5-22-1961, as amended 4-28-1980.
Pursuant to the provisions of Chapter 112 of the Laws of 1942 of the
State of New Jersey (N.J.S.A. 40:48-2.3 et seq., as said statute may from
time to time be amended or supplemented), and after the adoption of a resolution
by the Township Committee of the Township of Cranbury finding that there is
or are a building or buildings which exist in the Township of Cranbury which
is or are unfit for human habitation or occupancy or use due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitary facilities, or due to other conditions rendering
such building or buildings, or parts thereof, unsafe or unsanitary or dangerous
or detrimental to the health or safety or otherwise inimical to the welfare
of the residents of the Township of Cranbury, it is hereby declared that this
chapter is in exercise of the police powers of the municipality to repair,
close or demolish, or cause or require the repairing, closing or demolition
of such building or buildings, or parts thereof, in the manner herein provided.
The following terms, whenever used or referred to in this chapter, shall
have the following meanings unless a different meaning clearly appears from
the context:
Any building, or structure, or part thereof, whether used for human
habitation or otherwise, and includes any accessory buildings and appurtenances
belonging thereto or usually enjoyed therewith.
A building or structure, or part thereof, containing one or more
dwelling units or lodging units.
A building or portion thereof providing living facilities for one
or more persons.
The Township Committee of the Township of Cranbury.
The holder or holders of 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 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 regulations or to other activities concerning buildings
in the municipality.
The Building Subcode Official of the Township of Cranbury and such
other designees as hereinafter provided.
The Township of Cranbury in Middlesex County, New Jersey.
A.Â
The Building Subcode Official of the Township of Cranbury
is hereby designated and appointed to exercise the powers prescribed by this
chapter pursuant to the provisions of N.J.S.A. 40:48-2.3 et seq., as said
statute may from time to time be amended or supplemented.
B.Â
The Building Subcode Official shall have the power to designate
such assistants, in writing, as may be needed to exercise the powers prescribed
by this chapter, provided such designation is first authorized and approved
in writing by the "Township Administrator.
A.Â
Any building within the Township of Cranbury may be determined
and declared to be unfit for human habitation or occupancy or use if the public
officer in consultation with the Township Administrator 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, including, but not limited to defects
therein increasing the hazards of fire, accident or other calamities; lack
of adequate ventilation, light or sanitary facilities; dilapidation; disrepair;
structural defects; uncleanliness; or failure to conform to other laws of
the State of New Jersey or to ordinances of the Township of Cranbury or of
the local Board of Health of the Township of Cranbury regulating the safety
and sanitation of buildings.
B.Â
Any building or buildings, or parts thereof, which have
come into a state of disrepair through neglect, lack of maintenance or use,
fire, accident or other calamities, or through any other act rendering the
building or buildings, or parts thereof, in a state of disrepair, to the extent
that the building is unfit for human habitation or occupancy or use, shall
be deemed inimical to the welfare of the residents of the Township, and the
public officer may exercise the public officer's powers to repair, demolish
or cause the repairing or demolition of the building or buildings, or parts
thereof, pursuant to the provisions of this chapter.
C.Â
Any building or buildings, or parts thereof, which have
been damaged to such an extent that nothing remains but the walls, or parts
of the walls and other supports, shall, regardless of the safety and sturdiness
of those remaining walls or parts thereof, be deemed inimical to the welfare
of the residents of the Township, and the public officer may exercise the
public officer's powers to repair, demolish or cause the repairing or
demolition of the building or buildings, or parts thereof, pursuant to the
provisions of this chapter.
Whenever a petition is filed with the public officer by a public authority
or by at least five residents of the Township charging that any building is
unfit for human habitation or occupancy or use, or whenever it appears to
the public officer, on the public officer's own motion, that any building
is unfit for human habitation or occupancy or use, the public officer, in
consultation with the Township Administrator, shall, if 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 public officer 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 have the right to file an answer to the complaint
and appear in person or by counsel 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 the hearing before the public officer.
A.Â
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 the County of Middlesex and circulating in the Township.
B.Â
A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order.
C.Â
A copy of such complaint or order shall also be duly
recorded or lodged for record with the County recording officer of Middlesex
County.
A.Â
The owner and parties in interest shall have the right
to file an answer to the complaint and to appear in person or by attorney
and give testimony at the place and time fixed in said notice of hearing.
B.Â
The rules of evidence prevailing in courts of law or
equity shall not be controlling in hearings before the public officer.
C.Â
At the time and place stated in said notice, or at such
time and place to which said hearing shall be adjourned, the public officer
shall hold a hearing at which time and place the charges shall be read and
the owner and parties in interest and witnesses shall be heard.
D.Â
Within 14 days of such hearing, the public officer shall
issue a written report setting forth the public officer's findings of
fact, disposition of the charges and reasons thereof. A copy of the report
shall be served upon the owner and other parties in interest.
If, after such notice and hearing, the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, in addition to the written report required under § 64-7D above, the public officer shall issue and cause to be served upon the owners thereof and parties in interest an order:
A.Â
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 said building vacated and closed within the time set forth in the
order; and
B.Â
If the building is in such 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 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 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.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.
Any person aggrieved by an order issued by the public officer under
this chapter may, within 30 days after the posting and service of such order,
bring an action for injunctive relief to restrain the public officer from
carrying out the provisions of the order and for any other appropriate relief.
The court may proceed in a summary manner or otherwise as provided by statute
or rule. The remedy herein provided shall be exclusive, and no person affected
by an order of the public officer shall be entitled to recover any damages
for action taken pursuant to this chapter or because of noncompliance by any
person with any order of the public officer.
A.Â
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 the cost of such repairs, alterations or improvements, of
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.
B.Â
A detailed statement of the aforesaid cost 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. If the building is removed or demolished by the public officer,
the public officer shall, if possible, sell or cause to be sold 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 any sale of such 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 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 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. Any
owner or party in interest may, within 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 the accuracy of the costs set
forth in the municipal lien certificate.
C.Â
If an actual and immediate danger to life is posed by
the threatened collapse of any fire-damaged or other structurally unsafe building,
the public officer may, after taking such measures as may be necessary to
make such building temporarily safe, seek a judgment in summary proceedings
for the demolition thereof.
D.Â
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.
In addition to the powers of this chapter granted to the public officer,
the public officer 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 and 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 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,
provided such appointments are first approved in writing by the Township Administrator.
E.Â
To delegate any of the functions and powers of the public
officer under this chapter to such officers and agents as the public officer
may designate, provided such delegation and/or designation is first approved
in writing by the Township Administrator.
The provisions of the New Jersey State Uniform Construction Code, N.J.S.A.
52:27D-119 et seq., and the New Jersey State Housing Code, N.J.S.A. 2A:42-76
et seq., are hereby accepted, adopted and established as a standard to be
used as a guide in determining the fitness of a building for human habitation
or occupancy or use. A copy of the New Jersey State Housing Code and New Jersey
Uniform Construction Code is on file in the Township Clerk's office.
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.