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Howell, NJ Property Maintenance: Property Blight (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Enforcing official
Howell Township Construction Official
Complaint trigger
Public authority, five residents, or Township Council motion
Hearing timing
Seven to 10 days after the complaint is served
Cost recovery
Municipal lien on the real property
Appeal window for orders
60 days after posting and service
Lien challenge window
60 days from filing of the lien certificate

Summary

Chapter 83 of the Howell Township Code lets the Township Construction Official order the repair, closure or demolition of any building found unfit for human habitation, occupancy or use. Owners get a hearing seven to 10 days after service, and the Township recovers its costs through a municipal lien.

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. ... 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.

Full Breakdown

Section 83-1 of the Howell Township Code declares buildings, walls or structures that are or may become dangerous to property, life or health, or constitute a nuisance, or are so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, to be inimical to the welfare of the people of the Township. Under § 83-2 the Township Construction Official or a lawful designee holds the enforcement powers.

The process starts under § 83-4, when a public authority or at least five residents file a petition with the Construction Official, or the Township Council acts on its own motion. If a preliminary investigation shows a basis, the Construction Official serves the owner and parties in interest with a complaint and a notice of a hearing set not less than seven days nor more than 10 days after service. Owners can answer and testify, and court rules of evidence do not control.

Section 83-5 governs the order. After the hearing the Construction Official states findings of fact in writing and issues an order requiring the owner to repair, alter or improve the building within a reasonable time set in the order or, at the owner's option, to vacate and close it. If the building endangers persons nearby and the owner does not act in time, the order becomes one to remove or demolish. If the owner defaults, the Construction Official can have the work done, can post a placard on the main entrance reading "This building is declared unsafe for human occupancy. No individual is to occupy this building until the structure is rendered safe and secure," and can contract for demolition after advertisement and receipt of bids.

Costs, including legal filing, expert witness, search and advertising charges and the cost of repairs, closure or demolition less proceeds from salvage, become a municipal lien on the real property. An owner or party in interest has 60 days from the filing of the lien certificate to contest the amount in Superior Court. Under § 83-7, a person aggrieved by an order has 60 days after posting and service to bring an action for injunctive relief. Section 83-6 sets service by personal delivery or certified mail, or publication once each week for two successive weeks when an owner cannot be found, plus posting on the premises and recording with the County Recording Officer.

Violations & Fines

Chapter 83 prints no fixed fine. The Township's remedy is the order itself: the Construction Official can repair, close or demolish the building and the costs become a municipal lien against the real property under § 83-5(D), with the owner's court challenge limited to 60 days from the lien certificate filing for the amount, and 60 days after posting and service for the order.

Frequently Asked Questions

Who decides a building is unsafe in Howell Township?
The Township Construction Official or a lawful designee under § 83-2. After a hearing, the Official states written findings of fact and issues an order to repair, alter, improve, vacate and close, or remove the building. Section 83-5(E) lists the conditions that support an unfit finding, including dilapidation, structural defects and fire hazard.
Who can start an unsafe building complaint?
Under § 83-4, a petition can be filed with the Construction Official by a public authority or by at least five residents of the Township, or the Township Council can act on its own motion. The Construction Official proceeds only if a preliminary investigation discloses a basis for the charges.
How long do I have to appeal an unsafe building order?
Section 83-7 gives any person aggrieved by an order 60 days after the posting and service of the order to bring an action for injunctive relief against the Construction Official. The section says that appeal is exclusive and bars damages for action taken under the order.
How does Howell Township recover the cost of demolition?
Section 83-5(D) makes the filing, expert witness, search and advertising costs and the repair, closure or demolition costs a municipal lien on the real property, credited with salvage proceeds. A statement is filed with the Municipal Tax Assessor and mailed to the owner, who has 60 days to contest the amount in Superior Court.

Sources & Official References

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