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.
Any person violating the provisions of this chapter shall be punishable as provided in Chapter
1, Article
III, General Penalty.