[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.]
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.
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.
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.
