[Adopted 12-21-1983 by Ord. No.
1983-12 as Ch. 87 of the 1983 Code; amended in its
entirety 12-3-2003 by Ord. No. 2003-30]
The Construction Code Official of the Township
of Florence, in the County of Burlington and State of New Jersey,
and the Burlington County Health Department and its authorized officers,
are hereby designated as the enforcement officers for and on behalf
of the Township of Florence to exercise the powers prescribed by this
article, and they shall serve in such capacity without any additional
salary.
Pursuant to the provisions of c. 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 buildings in this municipality are safe, sanitary and fit
for human habitation and rental. A copy of the New Jersey State Housing
Code is annexed to this article, and three copies of the same have
been placed on file in the office of the Clerk of the Township of
Florence and are available to all persons desiring to use and examine
the same.
The enforcement officers are hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township
of Florence in order that the enforcement officer may perform his
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 enforcement officers are 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 person in charge thereof, shall give the
enforcement officers 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 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 article or with any lawful rule or regulations adopted or
any lawful order issued pursuant to the provisions of this article.
A.
Notification; contents of notice. Whenever the enforcement
officer determines that there are reasonable grounds to believe that
there has been a violation of any provision of this article or of
any rule or regulation adopted pursuant thereto, the enforcement officer
shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall be
put in writing, shall include a statement of the reasons why it is
being issued, shall allow reasonable time for the performance of any
act it requires and shall be served upon the owner or his 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 personally or if a copy
thereof is sent by registered mail to his 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 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 article and with
rules and regulations adopted pursuant thereto.
B.
Hearing. Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this article or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Mayor and Council of the Township of Florence, provided that such
person shall tile in the office of the Clerk of the Township of Florence
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the notice
was served. Upon receipt of such petition, the Township Clerk shall
set a time and place for such hearing and shall give the petitioner
a 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 Township Clerk may postpone
the date of the hearing for a reasonable time beyond such ten-day
period if, in his judgment, the petitioner has submitted a good and
sufficient reason for such postponement.
C.
Decision. After such hearing, the Mayor and Council
of the Township of Florence shall sustain, modify or withdraw the
notice, depending upon its findings as to whether the provisions of
this article and of the rules and regulations adopted pursuant thereto
have been complied with. If the Mayor and Council of the Township
of Florence sustains or modifies such notice, it shall be deemed to
be an order. Any notice served pursuant to this article shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Clerk of the Township of Florence within 10 days
after such notice is served.
D.
Maintenance of records. The proceedings at such hearing,
including the findings and decision of the Mayor and Council of the
Township of Florence, shall be summarized, reduced to writing and
entered as a matter of public record in the office of the Clerk of
the Township. Such records shall also include a copy of every notice
or order issued in connection with the matter.
E.
Appeal. Any person aggrieved by the decision of the
Mayor and Council may seek relief therefrom in any court of competent
jurisdiction as provided by the laws of the State of New Jersey.
F.
Emergency situations. Whenever the enforcement officer
finds that an emergency exists which requires immediate action to
protect the public health or safety. the enforcement officer may,
without notice or a hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as the
enforcement officer deems necessary to meet the emergency. Notwithstanding
the other provisions of this article, such orders shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately but, upon petition to the Township Clerk, shall
be afforded a hearing as soon as possible. After such hearing, depending
upon its findings as to whether the provisions of this article and
of the rules and regulations adopted pursuant thereto have been complied
with, the Mayor and Council shall continue such order in effect or
modify it or revoke it.
The Mayor and Council of the Township of Florence
are hereby authorized and empowered to make and adopt such written
rules and regulations as they may deem necessary for the proper enforcement
of the provisions of this article; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
article nor in any way alter, amend or supersede any of the provisions
thereof. The Mayor and Council shall file a certified copy of’
all rules and regulations which they may adopt in the office of the
Clerk of the Township of Florence.
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 to determine 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 article shall, upon conviction, be punished
by a fine not to exceed $1,000 or be imprisoned in the county jail
for a period not to exceed 90 days or serve a period of community
service not to exceed 90 days, or any combination thereof, and each
violation of any of the provisions of this article and each day that
the same is violated shall be deemed and taken to be a separate and
distinct offense.
