Town of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 12-11-1971 as Section 11-3 of Ch. XI of the Revised General Ordinances, 1971; amended in its entirety 4-24-1990 by Ord. No. 90-4. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 56.
Unfit dwellings — See Ch. 68.
Fire prevention — See Ch. 77.

§ 84-1 Adoption of standards by reference.

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.

§ 84-2 Copies on file.

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.

§ 84-3 Enforcing authority.

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.

§ 84-4 Applicable standards.

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.

§ 84-5 Rules and regulations.

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.

§ 84-6 Inspections.

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.

§ 84-7 Issuance of search warrant.

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.

§ 84-8 Notice of violation.

A. 
Whenever the Hunterdon County Department of Health determines that there are reasonably 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 the alleged violation to the person responsible therefor as hereinafter provided. The notice shall:
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
Be served upon the owner or his agent or upon the occupant, as the case may require, provided that 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.
B. 
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.

§ 84-9 Hearing provisions.

A. 
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 Hunterdon County Department of Health, provided that such person files in the office of the Hunterdon County Department of Health a written petition requesting a hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice is served. Upon receipt of the petition, the Hunterdon County Department of Health shall set a time and place for the hearing and give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition is filed, provided that, upon application of the petitioner, the Hunterdon County Department 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 good and sufficient reason for the postponement. After the hearing, the Hunterdon County Department 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 Hunterdon County Department 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 Hunterdon County Department of Health within 10 days after the notice is served. The proceedings at the hearing, including the findings and decision of the Hunterdon County Department of Health, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Hunterdon County Department 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 Hunterdon County Department of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
B. 
Whenever the Hunterdon County Department of Health finds that an emergency exists which requires immediate action to protect public health or safety, it may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it 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 Hunterdon County Department of Health, 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 Hunterdon County Department of Health shall continue such order in effect or modify or revoke it.