[HISTORY: Adopted by the Township of Howell
by Ord. No. O-01-42 (§ 8-3 of the 1974 Code). Amendments
noted where applicable.]
Buildings, walls or structures which are or
may become dangerous to property, life or health or constitute a nuisance
or which are so old, dilapidated or have become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
occupancy or use are hereby declared to be inimical to the welfare
and dangerous or injurious to the health and safety of the people
of the Township. Whenever a finding is made pursuant to the following
procedures that any building is unfit for human habitation, occupancy
or use, as defined above, power is conferred upon the office or officers
hereinafter designated to exercise the police powers of the Township
to order repairs, closure, or demolition of such building, or parts
thereof, in the manner herein provided.
The Township Construction Official or his lawful
designee shall have the authority to exercise the powers described
by this chapter.
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. It shall include any structures appurtenant
thereto.
The record owner of the title to real property as listed
on the current tax records of the Township.
All parties who have an interest of record in a building
and any parties who are in actual possession thereof.
Any housing authority or any officer or department head overseeing
health, fire and building regulations or other activities concerning
buildings in the Township.
Whenever a petition is filed with the Construction
Official 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 Township Council
on its 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 Construction Official at a
place therein fixed not less than seven days nor more than 10 days
after the serving of the complaint. The owners 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, and the rules of evidence prevailing
in the courts shall not be controlling in hearings before the Construction
Official.
If, after such notice and hearing, the Construction
Official 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 owner to repair, alter or improve the building,
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 building vacated
and closed within the time set forth in the order.
A.
If the building is in 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 as specified in
the 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 the building to
be repaired, altered or improved or to be vacated and closed. 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 declared unsafe for human occupancy. No individual is
to occupy this building until the structure is rendered safe and secure."
C.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Official may cause the
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement and receipt of bids therefor.
D.
Recovery of costs.
(1)
The following items shall be a municipal lien against
the real property upon which the cost was incurred:
(a)
The costs of the filing of legal papers, expert witness
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this chapter with a finding in favor of
the Township; and
(b)
The costs of the repairs, alterations or improvements,
or 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 the building
or from any contract for removal or demolition thereof.
(2)
Upon removal or demolition of the building, the materials
of the building shall be sold. There shall be credited against the
cost of the removal or demolition thereof 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 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 forwarded to the owner by
certified regular mail. If the total of the credits exceeds the costs,
the balance remaining shall be deposited in the Superior Court by
the chief municipal financial officer, shall be secured in such a
manner as may be directed by the 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 the 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. 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.
E.
The Construction Official may determine that a building
is unfit for human habitation or occupancy or if he finds that:
(1)
Conditions exist in such building or part thereof
which are dangerous or injurious to the health or safety of the occupants
of such building or part thereof, the occupants of neighboring buildings
or other residents of the Township, such conditions (without limiting
the foregoing) therein increasing the hazard of fire, accident or
other calamities, lack of adequate ventilation, light or sanitary
facilities, dilapidation, disrepair, structural defects, and uncleanliness;
(2)
Such building or part thereof creates such an unsightly
appearance and is in such a poor state of repair as to be detrimental
to the health and welfare of the residents of the Township or the
occupants of neighboring buildings; or
(3)
The building or part thereof contains such a number
of violations of existing ordinances of the Township as to constitute
an immediate hazard to the health or safety of the occupants of the
building, the occupants of neighboring buildings or other residents
of the Township.
Complaints or orders issued by the Construction
Official pursuant to this chapter shall be served upon persons either
personally or by certified mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by the Construction
Official in the exercise of reasonable diligence and the agent of
the Township Council charged with the service shall make an affidavit
to that effect, then the service of the complaint or order upon such
persons may be made by publishing the same once each week for two
successive weeks in a newspaper of general circulation in the Township.
A copy of the complaint or order shall be posted in a conspicuous
place on premises affected by the complaint of record. A copy of the
complaint or order shall be duly recorded or lodged for record with
the County Recording Officer. The Township Clerk is hereby designated
agent in charge of effecting such service.
Any person aggrieved by an order issued by the
Construction Official may, within 60 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
Construction Official from carrying out the provisions of the order
or any other appropriate relief. The appeal shall be exclusive, and
no person affected by an order of the Construction Official shall
be entitled to recover any damages for action taken pursuant thereto
or because of noncompliance by any person with any order of the Construction
Official.
The Construction Official may exercise such
powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including but not limited
to the following powers:
A.
To investigate the condition of buildings in the Township
in order to determine which buildings are unfit for human habitation,
occupancy or use.
B.
To administer oaths and affirmations, examine witnesses,
receive evidence and conduct hearings.
C.
To enter upon premises for the purpose of making inspections
in an unobtrusive manner, provided that such entry shall be made in
a manner so as to cause the least possible inconvenience to the persons
in possession.
D.
To appoint and fix the duties of officers, agents
and employees as he deems necessary to carry out the purpose of this
chapter.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as may be lawfully designated.
