[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 11-2
of the Revised General Ordinances; amended in its entirety 9-16-2015 by Ord. No. 2015-22. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Housing
Code of the Town of Newton."
The purpose of this chapter is to protect the health, safety,
welfare and morals of the people of the Town by enacting a housing
code which establishes minimum housing standards; determines the respective
responsibilities of owners, operators and occupants of dwellings and
rooming houses now in existence or that may hereafter be constructed
or established; and provides for the enforcement of provisions pertaining
to such standards and penalties for the violation of those provisions.
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the
New Jersey State Housing Code, as approved by the New Jersey Department
of Community Affairs and adopted as N.J.A.C. 5:28-1.1 et seq., is
hereby accepted and adopted by reference as a standard to be used
in determining whether dwellings in the Town of Newton are safe, sanitary,
and fit for human habitation, occupancy and/or use.
Three copies of the New Jersey State Housing Code are on file
at the office of the Town Clerk for use and examination by the public.
The administrative authority for the provisions of this chapter
shall be the Town Manager or his/her designee. The Public Officer,
responsible for enforcement depending on the nature of the enforcement
item, shall be the Town's Construction Official, for construction-related
items; Code Enforcement Director, for property maintenance items;
or the Town's Health Officer, for health-related items, including
the public health practice standards referenced in N.J.S.A. 8:52-3.2
and 8:52-14.1, including any statutes or codes referred therein, which
is currently the Sussex County Department of Health and Environmental
Services, or such other individual or entity designated by the Town
Manager or his/her designee shall be responsible.
This chapter contains the standards to guide the Public Officer
in determining the fitness of any dwelling, dwelling unit, rooming
unit or premises (collectively referred to as "dwelling" in this chapter)
for human habitation, use or occupancy.
The Town Council may make written rules and regulations which
interpret the provisions of this chapter or for the enforcement of
the provisions of this chapter. However, such rules and regulations
shall not be inconsistent with nor alter, amend or supersede any provision
of this chapter. Violations of such rules and regulations shall be
subject to the same penalties as other violations of this chapter.
No person shall occupy as owner-occupant, or rent or otherwise
allow anyone to occupy any building, dwelling or dwelling unit for
the purpose of living therein, which does not conform to the provisions
of the New Jersey State Housing Code, adopted hereby as the standard
to be used in determining if a building, dwelling or dwelling unit
is safe, sanitary and fit for human habitation.
A.
The Public Officer, with the assistance, as necessary, of any other
department, including, but not limited to, the Uniform Construction
Code Department and Department of Code Enforcement, may offer technical
assistance to the Public Officer with enforcing the provisions of
this chapter.
B.
The Public Officer is authorized and directed to make inspections
to determine the condition of buildings, dwellings, dwelling units,
rooming units and premises (collectively defined as "dwelling" for
purposes of this section) located within the Town, in order that the
Public Officer may perform his/her duty of safeguarding the health
and safety of the occupants of dwellings and of the general public.
For the purpose of making inspections, upon providing at least 24
hours' advanced written notice, except in the case of an emergency,
in which case no advance notice is required, the Public Officer is
authorized to enter, examine and survey all dwellings, and the person
in charge shall give the Public Officer access to the dwelling for
the purposes of inspection, examination and survey. Upon advance notice
of at least 24 hours, except in the case of an emergency, in which
case advance notice is not required, the occupant of a dwelling shall
give the owner or his/her agent or employee access to any part of
such dwelling at reasonable times for the purpose of making repairs
or alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
C.
Whenever the Public Officer determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto,
the Public Officer shall give notice of the alleged violation to the
person or persons responsible as hereinafter provided. The notice
shall be in writing, include a statement of the reasons why it is
being issued, allow a reasonable time for the performance of any act
it requires, and be served upon the owner or their agent or the occupant,
as the case may require, provided that the notice shall be deemed
to be properly served upon the owner or agent or upon the occupant
if a copy thereof is served upon him or her personally; if a copy
thereof is sent by registered mail to his or her last known address;
if a copy is posted in a conspicuous place in or about the dwelling
affected by the notice; or if he or she is served with such notice
by any other method authorized or required under the laws of this
state. The notice may contain an outline of the remedial action which,
if taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted.
D.
Every notice served by the Public Officer pursuant to Subsection C of this section shall contain a statement in bold type which states as follows: "Any person aggrieved by any provision contained
within the notice may, within 10 calendar days from the date of service,
appeal to the Town Manager or his/her designee by filing a notice
of appeal with the Town Clerk."
E.
Any notice served pursuant to this chapter shall automatically become
an order if written petition of appeal is not filed in the office
of the Clerk within 10 calendar days after the notice is served as
hereinabove provided.
F.
The Public Officer is authorized, subject to approval of the Town
Manager or his/her designee, to make and adopt written rules and regulations
as they may deem necessary for the proper enforcement of the provisions
of this chapter, provided that rules and regulations shall not be
in conflict with the provisions of this chapter nor in any way alter,
amend or supersede any of the provisions thereof. The Public Officer
shall file a certified copy of all rules and regulations which they
may adopt in their office and in the offices of the Town Clerk, Board
of Health and Town Manager and have the rules and regulations published
once in the official newspaper of the Town.
A.
Appeals to the Town Manager.
(1)
Any person aggrieved by any notice or order which has been issued
in connection with the enforcement of any provisions of this chapter
or any rule or regulation may request and be granted a hearing on
the matter before the Town Manager or his/her designee, provided that
the person files in the office of the Town Clerk a written petition
requesting the hearing, setting forth a brief statement of the grounds,
within 10 calendar days after the day the notice or order was served
or within 10 calendar days from the date that the action complained
of occurred and pays a fee as set forth in § 100-21F to
help defray the costs of the appeal.
(2)
Upon receipt of the petition and fee, the Town Manager or his/her
designee shall set a time and place for the hearing and shall give
the petitioner written notice thereof.
(3)
At the hearing, the petitioner shall be given an opportunity to be
heard and show why the notice, order or other action complained of
should be modified or reversed. The hearing shall be scheduled not
later than 30 calendar days after the day on which the petition was
filed, provided that, upon application of the petitioner or upon the
Town Manager's (or designee) own motion, the hearing date may
be postponed beyond the thirty-day period.
(4)
At the time and place set for the hearing, the petitioner may present
evidence or testimony in their behalf as may be deemed necessary and
desirable. The proceedings at the hearing, including the findings
and decision of the Town Manager or designee, shall be summarized,
reduced to writing and entered as a matter of public record. The records
shall include a copy of every notice or order issued in connection
with the matter.
(5)
Upon completion of the hearing, the Town Manager or his/her designee,
within 30 calendar days, shall make his/her findings of fact and conclusions
of law. Copies of the decision shall be filed with the Town Clerk
and mailed to the appellant.
B.
Appeals to the Town Council.
(1)
In the event the petitioner desires to appeal the decision of the
Town Manager, or his/her designee, the petitioner may request a hearing
before the Town Council, provided that the petitioner files a written
petition with the Town Clerk within 10 calendar days from the date
that the Town Manager's decision was served on the petitioner.
The petitioner must also pay the appeal fee, as set forth in § 100-21F,
with his/her appeal petition.
(2)
Upon receipt of the petition and fee, the Town Council designee shall
set a time and place for the hearing and shall give the petitioner
written notice thereof. Such hearing shall be open to the public,
in accordance with the New Jersey Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3)
At the hearing, the petitioner shall be given an opportunity to be
heard and show why the Town Manager's decision should be modified
or reversed. The hearing shall be scheduled not later than 30 calendar
days after the day on which the petition was filed, provided that,
upon application of the petitioner or upon the Town Council's
own motion, the hearing date may be postponed beyond the thirty-day
period.
(4)
At the time and place set for the hearing, the petitioner may present
evidence or testimony in their behalf as may be deemed necessary and
desirable. The proceedings at the hearing, including the findings
and decision of the Town Council shall be summarized, reduced to writing
and entered as a matter of public record. The records shall include
a copy of every notice or order issued in connection with the matter.
(5)
Upon completion of the hearing, the Town Council shall, within 30
calendar days, make its decision. Copies of the decision shall be
filed with the Town Clerk and mailed to the petitioner. In the event
the petitioner seeks to challenge the decision of the Town Council,
the petitioner may file an appeal with a court of competent jurisdiction
within the time provided for in the New Jersey Court Rules.
A.
Application for inspection. Whenever any owner, occupant, prospective purchaser, mortgagee or prospective occupant shall apply to the public officer for an inspection in order to ascertain if any provision of this chapter has been violated, the public officer shall, upon receipt of a fee as set forth in § 100-21, cause an inspection to be made of the premises and issue an informational certificate or report to the applicant, indicating therein any violations of this chapter on the premises. The applicant for inspection shall state in writing his full name, residence and the reason and basis for which the inspection is requested. The public officer may deny the application for failure to comply with this requirement.
B.
Application for status report.
(1)
Where in lieu of an inspection an owner, lessee, occupant, prospective purchaser, mortgagee or prospective occupant requests a status report as to whether or not there are any known violations presently on the premises, upon payment of a fee as set forth in § 100-21, a copy of any notice or order or any violation then pending shall be sent to the applicant.
(2)
No inspection report or status report issued pursuant to the provisions
of this chapter shall be construed as providing a defense against
any violation of this chapter or any other ordinance of the Town which
may be discovered thereafter, whether or not the condition or violation
existed at the time of any such inspection or status report. The inspection
or status report is provided as a convenience to the public and shall
not constitute a limitation on the full enforcement of this chapter.
The inspection or status report shall include only such matters as
are embraced in this chapter.
