A code regulating private campgrounds and determining whether the campground
dwellings and all facilities are safe, sanitary and fit for human habitation
and rental is hereby established pursuant to N.J.S.A. 40:49-5.1. A copy of
the code is annexed to this chapter and made a part of it without the inclusion
of the text.
The code established and adopted by this chapter is described and commonly
known as the "Private Campgrounds Code of New Jersey."
Three copies of the Private Campgrounds Code of New Jersey have been
placed on file in the offices of the Secretary of the Board of Health for
the use and examination of the public.
The Board of Health shall designate an official to exercise the powers
prescribed by the code and by this chapter.
The Board of Health shall designate an official to make inspections
to determine the condition of camp dwellings and their facilities located
within the township in order to safeguard the health and safety of the occupants
of camp dwellings as well as their facilities and of the general public. For
the purpose of making inspections, such official is authorized to enter, examine
and survey at all reasonable times all camp dwellings and their facilities.
The owner, occupant or person in charge of a camp dwelling shall give such
official free access to the camp dwelling at all reasonable times for the
purpose of inspection, examination and survey. Any occupant of a camp dwelling
shall give the owner, or his agent or employee, access to any part of the
camp dwelling and its facilities, 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 provisions of this chapter.
Whenever the official determines that there are reasonable grounds to
believe there has been a violation of any provision of this chapter or of
any rule or regulation adopted pursuant thereto, he shall give notice of the
alleged violation to the person responsible. The 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,
his agent or the occupant, as the case may require, provided that the notice
shall be deemed to be properly served upon the owner, agent or upon the occupant,
if a copy is served upon him personally, if a copy is sent by registered mail
to his last known address, if a copy is posted in a conspicuous place in or
about the dwelling affected by the notice or if he is served with the notice
by any other method authorized or required under the laws of New Jersey. The
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.
Any person affected by a notice issued in connection with the enforcement
of this chapter, or of any rule and regulation adopted pursuant thereto, may
request and shall be granted a hearing before the Board of Health, provided
the person files in the office of the Secretary of the Board of Health a written
petition requesting the hearing and setting forth a brief statement of the
grounds within 10 days after the day the notice was served. Upon receipt of
the petition, the Board of Health shall set a time and place for the hearing
and shall give the petitioner written notice thereof. At the 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 Board of Health may postpone the date of the hearing
for a reasonable time beyond the ten-day period if, in its judgment, the petitioner
has submitted a good and sufficient reason for such postponement. After the
hearing the Board of Health shall sustain, modify or withdraw the notice,
depending upon its findings as to whether the provisions of this chapter and
the rules and regulations adopted pursuant thereto have been complied with.
If the Board of Health sustains or modifies the 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 Board of Health within 10 days after the notice is served. The proceedings
at the hearing, including the findings and decision of the Board of Health,
shall be summarized, reduced to writing and entered as a matter of public
record in the office of the Board of Health. The record shall also include
a copy of every notice or order issued in connection with the matter. Any
person aggrieved by the decision of the Board of Health may seek relief in
any court of competent jurisdiction as provided by the laws of the state.
Whenever the Board of Health 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 an emergency and requiring
that such action be taken as it deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, the order shall be effective immediately.
Any person to whom the order is directed shall comply therewith immediately
but upon petition to the Board of Health shall be afforded a hearing as soon
as possible. After the hearing, depending upon its findings as to whether
the provisions of this chapter and the rules and regulations adopted pursuant
to thereto have been complied with, the Board of Health shall continue the
order in effect, modify or revoke it.
The official designated by the Board of Health may make and adopt such
written rules and regulations as may be necessary for the proper enforcement
of the provisions of this chapter, provided that the rules and regulations
are not in conflict with the provisions of the Private Campgrounds Code or
of this chapter, nor in any way alter, amend or supersede any of their provisions.
Such official shall file a certified copy of all rules and regulations which
he may adopt in his office and the office of the Secretary of the Board of
Health.
No person shall occupy as owner or occupant or rent to another for occupancy
any camp dwelling as well as its facilities for the purpose of living therein
which do not conform to the provisions of the Private Campgrounds Code established
hereby as the standard to be used in determining whether a camp dwelling is
safe, sanitary and fit for human habitation.