[HISTORY: Adopted by the Township Committee of the Township of Woolwich 2-21-2006
by Ord. No. 2006-02. Amendments noted where applicable.]
The Construction Official of the Township of Woolwich or his designee
be and is hereby designated as the officer to exercise the powers prescribed
by the within chapter, in addition to the Gloucester County Health Department
to exercise the power prescribed by the within chapter.
Pursuant to the provisions of Chapter 21, P.L. 1948 (N.J.S.A. 40:49-5.1
et seq.), the New Jersey State Housing Code, as approved by the Department
of Community Affairs 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. A copy of the New Jersey State Housing
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 Construction Official or his designee or the Gloucester County Health
Department are, as the case may be, hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units, rooming
units, and premises located within the Township of Woolwich in order that
they may perform their duty of safeguarding the health and safety of the occupants
of dwelling and of the general public. For the purpose of making such inspections,
the Construction Official or his designee or the Gloucester County Health
Department, as the case may be, 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 Construction
Official or his designee or the Gloucester County Health Department, as the
case may be, 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 agent or employee, access to any part of such dwelling or
dwelling unit, or its premises, at all times for the purpose of making such
repairs or alterations as are necessary to effect compliance with the provisions
of the ordinance or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
A.
Whenever the Construction Official or his designee or
the Gloucester County Health Department, as the case may be, determine that
there are reasonable grounds to believe that there has been a violation of
any provision of this chapter or any rule or regulation adopted pursuant thereto,
they shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall: a) be put
in writing; b) include a statement of the reasons why it is being issued;
c) allow a reasonable time for the performance of any act it requires; and
d) 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 certified 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.
B.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter, or any
rule or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Construction Official or his designee or
the Gloucester County Health Department, as the case may be, provided such
person shall file in the office of the Construction Official and/or the Gloucester
County Health Department 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 Construction Official
or his designee or the Gloucester County Health Department, as the case may
be, 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 Construction Official or his designee or the Gloucester County
Health Department, as the case may be, may postpone the date of the hearing
for a reasonable time beyond such ten-day period, if in their judgment the
petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Construction Official or his designee or the Gloucester
County Health Department, as the case may be, shall sustain, modify, or withdraw
the notice, depending upon their findings as to whether the provisions of
this chapter and of the rules and regulations adopted pursuant thereto have
been complied with. If the Construction Official or his designee or the Gloucester
County Health Department, as the case may be, 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 Construction Official or the Gloucester County
Health Department, as the case may be, within 10 days after such notice is
served. The proceedings at such hearing, including the findings and decision
of the Construction Official or his designee or the Gloucester County Health
Department, as the case may be, shall be summarized, reduced to writing, and
entered as a matter of public record in the office of the Construction Official
or the Gloucester County Health Department. 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 Construction Official or his designee
or the Gloucester County Health Department, as the case may be, may seek relief
therefrom in any court of competent jurisdiction, as provided by the laws
of this state. Whenever the Construction Official or his designee or the Gloucester
County Health Department, as the case may be, finds that an emergency exists
which requires immediate action to protect the public health or safety, they
may, without notice or hearing, issue an order reciting the existence of such
an emergency and requiring that such action be taken as they deem 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 Construction
Official or his designee or the Gloucester County Health Department, as the
case may be, shall be afforded a hearing as soon as possible. After such hearing,
depending upon their findings as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been complied
with, the Construction Official or his designee or the Gloucester County Health
Department, as the case may be, shall continue such order in effect, or modify
it, or revoke it.
The Construction Official or his designee or the Gloucester County Health
Department, as the case may be, 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 chapter, provided, however,
that such rules and regulations shall not be in conflict with the provisions
of this chapter, nor in anywise alter, amend or supersede any of the provisions
thereof. The Construction Official or his designee or the Gloucester County
Health Department shall file a certified copy of all rules and regulations
which they may adopt in their office and in the office of the Clerk of the
Township of Woolwich.
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, N.J.A.C.
5:28-1, established hereby as the standard, and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed
$500 or by imprisonment in the county jail for a period not to exceed 90 days,
or by both such fine and imprisonment, 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.
