Whenever a petition is filed with the Building
Inspector by a public authority as defined in N.J.S.A. 40:48-2.4 or
by at least five residents of the Township charging that any building
is unfit for human habitation as defined in the Housing Code, or whenever
it appears to the Building Inspector on his own motion that any building
is unfit for human habitation, he shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such building a complaint
stating the charges in that respect and containing a notice that a
hearing shall be held before the Building Inspector or his designated
agent at a place therein fixed not less than 10 days nor more than
30 days after the serving of the complaint, that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person or otherwise and give testimony at the time
and place fixed in the complaints and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the Building Inspector.
Complaints or orders issued by the Building
Inspector pursuant to this chapter shall be served upon persons either
personally or by certified mail, but if the whereabouts of such persons
are unknown and the same cannot be ascertained by the Building Inspector
in the exercise of reasonable diligence and the Building Inspector
makes an affidavit to that effect, then the serving of the complaint
or order upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper having circulation
in the Township. A copy of such complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or
order, and a copy of such complaint or order shall be duly recorded
or lodged for record with the Sussex County recording officer.
The Construction Official is authorized and
empowered, as may be necessary or convenient, to carry out and effectuate
the purposes and provisions of this chapter, to exercise the following
powers, in addition to others herein granted:
A. To investigate the building conditions in the Township
in order to determine which buildings therein are unfit for human
habitation.
B. To administer oaths and affirmations, examine witnesses
and receive evidence.
C. To enter upon premises for the purpose of making examination,
provided that such entries shall be made in such a manner as to cause
the least possible inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this
chapter.
E. To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
No person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which dwelling or dwelling unit does not conform to the provisions of Chapter
229, Housing Standards, of the Code of the Township of Stillwater, established by this chapter as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 10-16-2012 by Ord. No. 2012-7; 2-18-2014 by Ord. No.
2014-2; 10-17-2017 by Ord. No. 2017-12]
At the time of initial occupancy or a change of occupancy of
any dwelling unit, the owner of the same shall make application to
the Construction Department for a certificate of habitability. The
Construction Department shall make an inspection for the sole purpose
of determining whether or not the dwelling unit complies with N.J.S.A.
52:27D-133.3 and 52:27D-198.1. Such dwelling unit shall be equipped
with at least one carbon monoxide sensor device, or the Construction
Official shall determine that there is no potential carbon monoxide
hazard in the dwelling unit. In addition, the Construction Official
shall require, in accordance with the aforesaid statutes, a smoke-sensitive
alarm device on each level of the structure and outside each separate
sleeping area. A battery-operated, smoke-sensitive alarm device shall
be accepted as meeting the requirements. In addition, each such dwelling
unit shall have a portable fire extinguisher as defined in the state
statute. The fees for certifications of occupancy/smoke detector (including
carbon monoxide detector and fire extinguishers) shall be as follows: