[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of West Windsor 12-27-1979 by Ord. No. 79-39 as Sec. 10-2
of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 89.
The Health Officer of the township is hereby designated as the officer
to exercise the powers prescribed in this chapter, and the Health Officer
shall serve in such capacity without any additional salary.
[Amended 6-8-1981 by Ord.
No. 81-20]
A.
The Health Officer is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry out and
effectuate the purposes and provisions of this chapter, including the following,
in addition to others herein granted:
(1)
To investigate the building conditions in the township
in order to determine which buildings therein are unfit for human habitation
or occupancy or use.
(2)
To administer oaths and affirmations, examine witnesses
and receive evidence.
(3)
To enter upon premises for the purpose of making examination,
provided that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
(4)
To appoint and fix duties of such officers, agents and
employees as deemed necessary to carry out the purposes of this chapter.
(5)
To delegate any functions and powers under this chapter
to such officers and agents as the Health Officer may designate.
B.
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.[1]
C.
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 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.
For the purpose of this chapter, the Health Officer may determine that
a building is unfit for human habitation or occupancy or use if the Health
Officer 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 the following (without limiting the generality of the foregoing):
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey State
Housing Code, except the part or parts thereof which are deleted and amended
on the copy annexed thereto, is 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 is on file in the Clerk's office.
[Amended 6-8-1981 by Ord.
No. 81-20]
Whenever a petition is filed with the Health Officer by a public authority,
as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the township
charging that any building is unfit for human habitation or occupancy or use
as herein defined, or whenever it appears to the Health Officer (on the Health
Officer's own motion) that any building is unfit for human habitation or occupancy
or use as herein defined, the Health Officer shall, if said Health Officer's
preliminary investigation discloses a basis for such charge, 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 Health Officer (or the Health Officer's
designated agent) at a place therein fixed not less than seven days nor more
than 30 days after the serving of the complaint; that the owner 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 time and place
fixed in the complaint; and that the rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the Health Officer.
If after such notice and hearing the Health Officer determines that
the building under consideration is unfit for human habitation or occupancy
or use as herein defined, the Health Officer shall state, in writing, the
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:
A.
Requiring the repair, alteration or improvement of 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 to
have said 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 same building within the time
specified in the order, requiring that the owner remove or demolish the building
within a reasonable time as specified in the order of removal.
A.
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 Health Officer may cause such building to be repaired, altered or improved
or to be vacated and closed, and the Health 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.
If the owner fails to comply with an order to remove
or demolish the building, the Health 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.
[Amended 6-8-1981 by Ord.
No. 81-20]
A.
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
township and the cost of such 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 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.
If the building is removed or demolished by the Health
Officer, said Health Officer shall sell the materials of such building. 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 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 township 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 Health 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 initiated
thereto by final order or judgment of such Court.
[Amended 6-8-1981 by Ord.
No. 81-20]
Complaints or orders issued by the Health Officer pursuant to this chapter
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 Health Officer in the exercise of reasonable diligence, and the Health
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 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 said township.
A copy of such complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order, and a copy of such 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.
No person shall occupy or rent to another for occupancy any building or part thereof for human habitation or use after having been served with an order issued pursuant to § 100-6 relating to such building or part thereof and after failure of compliance with such order, but this section shall not apply to rental or occupancy under a temporary permit issued by the Health Officer authorizing rental or occupancy for a specified period during the making of repairs, alterations and improvements required by such order.
Any person, firm or corporation who shall fail to comply with any order of the Health Officer made pursuant to § 100-6 or who shall violate § 100-10 or who shall interfere in any way with the Health Officer or any other officer, agent or employee engaged in carrying out the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article II, Penalty, § 1-3. Any penalty imposed pursuant to this section and any action taken to enforce any such penalty shall be in addition and supplemental to any other remedies, proceedings or actions taken or authorized to be taken pursuant to the provisions of this chapter.
A.
Nothing in this chapter 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,
nor is anything in this act intended to limit the authority of the enforcing
agency or Construction Official under the State Uniform Construction Code
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations
adopted thereunder.
B.
Nothing in this chapter shall be construed to abrogate
or impair the power of the township or any officer or department thereof to
enforce any provisions of its ordinances or regulations or to prevent or punish
violations thereof, and the powers conferred by this chapter shall be in addition
and supplemental to the powers conferred upon the township by any other law
or ordinance.
