[HISTORY: Adopted by the Township Committee of the Township of Mansfield 5-25-1964 by Ord. No. 1964-6. Amendments noted where applicable.]
The Building Inspector of the Township of Mansfield be and he is hereby designated as the officer to exercise the powers prescribed by this chapter, and he shall serve in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946, as amended (N.J.S.A. 40:49-5.1), the "Private Campgrounds Code," as approved by the Department of Health and the Department of 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 campground dwellings, as well as their facilities, located in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the Private Campgrounds Code is annexed to this chapter and three copies of the same 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.
The Building Inspector is hereby authorized and directed to make inspections to determine the condition of camp dwellings, as well as their facilities, located within the Township of Mansfield, in order that he may perform his duty of safeguarding the health and safety of the occupants of camp dwellings, as well as the facilities, and of the general public. For the purpose of making such inspections the Building Inspector is hereby authorized to enter, examine and survey at all reasonable times all camp dwellings, as well as their facilities. The owner or occupant of every camp dwelling, as well as its facilities, or the person in charge thereof, shall give the Building Inspector free access to such camp dwelling, as well as its facilities, at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a camp dwelling shall give the owner thereof, or his agent or employee, access to any part of such camp dwelling, as well as 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 Building Inspector 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, he 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 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 chapter and with rules and regulations adopted pursuant thereto.
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 Township Committee, provided such person shall file in the office of the Building Inspector 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 Building Inspector 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 Township Committee or Building Inspector may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Township Committee 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 Township Committee 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 Building Inspector within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Township Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk. Such 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 Township Committee may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he 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 Township Committee, 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 Township Committee shall continue such order in effect or modify it or revoke it.
The Building Inspector is hereby authorized and empowered to make and adopt such written rules and regulations as he 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 anyway alter, amend or supersede any of the provisions thereof. The Building Inspector shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the Township of Mansfield.
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 does 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.
[Amended 5-5-1988 by Ord. No. 1988-11]
Any person, firm or corporation who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or to imprisonment in the county jail for a term not exceeding 90 days or to a period of community service not exceeding 90 days, or to such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just; and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed to be a separate and distinct offense.
All other ordinances and parts of ordinances in conflict or inconsistent with this chapter are hereby repealed, but only to the extent of such conflict or inconsistency, and this chapter shall be in full force and effect immediately upon its adoption and its publication as provided by law.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, the remaining portions of this chapter shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this chapter are hereby declared to be severable.