[HISTORY: Adopted by the Township Committee of the Township of Delanco
10-12-1971 by Ord. No. 19-1971 as Ch. 68 of the 1971 Code. Amendments noted
where applicable.]
[Amended 3-2-1972 by Ord.
No. 1-1972; 10-25-1982 by Ord.
No. 11-1982]
The Health Department of the County of Burlington in the Township of
Delanco and its designate be and the same are hereby designated as the officers
to exercise the powers prescribed by this chapter, and they shall serve in
such capacity without any additional salary. The term "the Health Department
of the County of Burlington," as utilized in this chapter, shall be determined
to include all authorized officials designated by the Health Department of
the County of Burlington to enforce the provisions of this chapter.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. Three copies of the New Jersey State Housing Code have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
[Amended 10-25-1982 by Ord.
No. 11-1992]
The Health Department of the County of Burlington is hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township of
Delanco in order that he or she may perform its duty of safeguarding the health
and safety of the occupants of dwellings and of the general public. For the
purpose of making such inspections, the Health Department of the County of
Burlington is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units and premises. The owner
or occupant of every dwelling, dwelling unit and rooming unit, or the person
in charge thereof, shall give the Health Department of the County of Burlington
free access to such dwelling, dwelling unit or rooming unit and its premises
at all reasonable times for the purpose of such inspection, examination and
survey. Every occupant of a dwelling or dwelling unit shall give the owner
thereof, or his or her agent or employee, access to any part of such dwelling
or dwelling unit, or its premises, at all reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the or provisions of this chapter.
[Amended 10-25-1982 by Ord.
No. 11-1982]
A.
Whenever the Health Department of the County of Burlington
determines that there are reasonable grounds to believe that there has been
a violation of any provision of this chapter, or of any rule or regulation
adopted pursuant thereto, it shall give notice of such alleged violation to
the person or persons responsible therefor as hereinafter provided. Such notice
shall be put in writing, include a statement of the reasons why it is being
issued, allow a reasonable time for the performance of any act it requires
and be served upon the owner or his or her agent or the occupant, as the case
may require; provided that such notice shall be deemed to be properly served
upon such owner or agent, or upon such occupant, if a copy thereof is served
upon him or her personally, or if a copy thereof is sent by registered mail
to his or her last known address, or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice, or if he or she is
served with such notice by any other method authorized or required under the
laws of this state. Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter or of
any rule or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Health Department of the County of Burlington,
provided that such person shall file in the office of the Health Department
of the County of Burlington a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor within 10 days after
the day the notice was served. Upon receipt of such petition, the Health Department
of the County of Burlington shall set a time and place for such hearing and
shall give the petitioner written notice thereof. At such hearing the petitioner
shall be given an opportunity to be heard and to show why such notice should
be modified or withdrawn. The hearing shall be commenced not later than 10
days after the day on which the petition was filed; provided that, upon application
of the petitioner, the Health Department of the County of Burlington may postpone
the date of the hearing for a reasonable time beyond such ten-day period if,
in his or her judgment, the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing the Health Department of
the County of Burlington shall sustain, modify or withdraw the notice, depending
upon its findings as to whether the provisions of this chapter and of the
rules and regulations adopted pursuant thereto have been complied with. If
the Health Department of the County of Burlington sustains or modifies such
notice, it shall be deemed to be an order. Any notice served pursuant to this
chapter shall automatically become an order if a written petition for a hearing
is not filed in the office of the Health Department of the County of Burlington
within 10 days after such notice is served. The proceedings at such hearing,
including the findings and decision of the Health Department of the County
of Burlington, shall be summarized, reduced to writing and entered as a matter
of public record in the office of the Health Department of the County of Burlington.
Such record shall also include a copy of every notice or order issued in connection
with the matter.
C.
Any person aggrieved by the decision of the Health Department
of the County of Burlington may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
D.
Whenever the Health Department of the County of Burlington
finds that an emergency exists which requires immediate action to protect
the public health or safety, it may, without notice or hearing, issue an order
reciting the existence of such an emergency and require that such action be
taken as it deems necessary to meet the emergency. Notwithstanding the other
provisions of this chapter, such order shall be effective immediately. Any
person to whom such order is directed shall comply therewith immediately,
but upon petition to the Health Department of the County of Burlington, shall
be afforded a hearing as soon as possible. After such hearing, depending upon
its findings as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with, the Health
Department of the County of Burlington shall continue such order in effect,
or modify it, or revoke it.
[Amended 10-25-1982 by Ord.
No. 11-1982]
The Health Department of the County of Burlington is hereby authorized
and empowered to make and adopt such written rules and regulations as it may
deem necessary for the proper enforcement of the provisions of this chapter;
provided, however, that such rules and regulations shall not be in conflict
with the provisions of this chapter nor in any ways shall alter, amend or
supersede any of the provisions thereof. The Health Department of the County
of Burlington shall file a certified copy of all rules and regulations which
it may adopt, in its office and in the office of the Clerk of the Township
of Delanco.
No person shall occupy as owner-occupant, or rent to another for occupancy,
any dwelling or dwelling unit for the purpose of living therein which does
not conform to the provisions of the New Jersey State Housing Code, established
hereby as the standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty; and each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
