Pursuant to the provisions of Chapter
21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code (1980 Revision), 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 (1980 Revision) is attached to and made a part of this chapter without the text being included herein.
Three copies of the New Jersey State Housing Code have been placed on
file in the office of the Town Clerk for use and examination by the public.
The administrative and enforcing authority for the provisions of this
chapter shall be the Town of Clinton Board of Health and the Hunterdon County
Department of Health.
This chapter shall constitute the standards to guide the Hunterdon County
Department of Health in determining the fitness of any dwelling, dwelling
unit, rooming unit or premises for human habitation, use or occupancy.
The Hunterdon County Department of Health may make rules and regulations
which interpret or amplify any provision of this chapter or for the purpose
of making the provisions of this chapter more effective. No regulation, however,
shall be inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirement which is in addition to or
greater than the requirements that are expressly or by implication imposed
by any provision of this chapter. Any violation of such rules and regulations
shall be subject to the same penalty as other violations of this chapter.
The Hunterdon County Department of Health or its agents or employees
shall make inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the town. For the purpose of making
inspections, the Hunterdon County Department of Health or its agents are authorized
to enter and examine any dwelling, dwelling unit, rooming unit or premises
at such reasonable hours as the circumstances of the case permit. This section
shall not be construed to prohibit the entry of the Hunterdon County Department
of Health or its agents at any time when an Actual emergency exists which
tends to create a danger to public health of safety or at any time when an
inspection is requested by an owner or occupant.
If right of entry to any dwelling, dwelling unit, rooming unit or premises
is refused, the Hunterdon County Department of Health or its agents may, upon
affidavit, apply to the Judge of the Municipal Court of the town for a search
warrant, setting forth factually the actual conditions and circumstances that
provide a reasonable basis for believing that a nuisance or violation of this
chapter exists on the premises, and if the Municipal Judge is satisfied as
to the matter set forth in the affidavit, he shall authorize the issuance
of a search warrant permitting access to and inspection of that part of the
premises on which the nuisance or violation may exist. Search warrants may
also be obtained in connection with a general program of inspection.