§ 88-6. Order to repair or remove; action by Township and recovery of costs.  


Latest version.
  • If, after such notice and hearing, the public officer determines that the structure 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 parties in interest an order.
    A. 
    If the repair, alteration or improvement of said structure can be made at a reasonable cost [50%] in relation to the value of the structure, the owner shall, to the extent and within the time specified in the order, repair, alter or improve said structure to render it fit for human habitation, occupancy or use or, at the option of the owner, vacate or close the structures as unfit for human habitation, occupancy or use.
    B. 
    If the repair, alteration or improvement of said structure cannot be made at a reasonable cost (50%) in relation to the value of the structure, the owner shall, within the time specified in the order, remove or demolish such structure.
    C. 
    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 structure, the public officer may cause such structure 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 structure so closed a placard with the following words: "This structure is unfit for human habitation or occupancy or use; the use or occupation of this structure is prohibited and unlawful."
    D. 
    If the owner fails to comply with an order to remove or demolish the structure, the public officer may cause such structure to be removed or demolished.
    E. 
    Recovery of costs; demolition of fire-damaged property.
    (1) 
    The amount of such cost of such repairs, alterations or improvements or vacating and closing or removal or demolition shall be a Township lien against the real estate upon which such cost shall be incurred. If the structure is removed or demolished by the public officer, he shall sell the materials of such structure if the same are salable and shall credit the proceeds of such sale, if any, against the costs of removal or demolition and the cost of the clearance and leveling of the site, and any balance remaining shall be deposited in the Superior Court of New Jersey by the public officer, shall be secured in such manner as may be directed by such Court and shall be distributed according to the order or judgment of the Court to the persons found to be entitled thereto by the order or judgment of said Court; provided, however, that nothing herein 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.
    (2) 
    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 the building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.