(A) When a petition is filed with the Construction Official by the Township Committee or by at least five residents of the municipality charging that any building, as defined by N.J.S.A. 40:48-2.4, is unfit for human habitation, occupancy or use, or whenever it appears to the Construction Official, on his or her own motion with notice to the Township Committee, that any such building is unfit for human habitation or occupancy or use, the Construction Official shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in the buildings, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Construction Official, or his or her designated agent, at a place therein fixed, not less than seven days nor more than 30 days after the serving of the complaint. 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 place and time fixed in the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Construction Official.
(B) If, after notice of hearing, the public officer determines that the building under construction is unfit for human habitation or use, he or she shall state, in writing, his or her findings of fact in support of such determination and shall issue or cause to be served upon the owner thereof or the parties in interest an order:
(1) Requiring the repair, alteration, or improvement of the 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 the building vacated and closed within the times set forth in the order.
(2) That 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 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.
(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 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 unfit for human habitation, occupancy, or use; the use or occupation of this building is prohibited and unlawful."
(D) 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 of demolition thereof after advertisement for and receipt of bids therefor.
(E) If the owner fails to comply with an order to repair, alter or improve and the owner elects not to comply with the order or to vacate or cause to be vacated the premises, the Construction Official may proceed with the appropriate procedures as set forth below.
(Ord. 226-13, passed 1-25-13)