[HISTORY: Adopted by the Township Committee of the Township
of Ocean 5-14-1970 (§ 5-10
of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
The members of the Police Department of the Township are designated
as the officers to exercise the powers prescribed in this chapter
and they shall serve in this capacity without additional salary.
Pursuant to the provisions of N.J.S.A. 40:19-5.1, the "Private
Campgrounds Code" as approved by the Department of Health, the Department
of Conservation and Economic Development and filed in the Secretary
of State's office, is accepted, adopted and established as standard
to guide in determining whether campground dwellings and their facilities
located in the Township are safe, sanitary and fit for human habitation
and rental copy of the Private Campgrounds Code shall be deemed part
of this chapter and three copies of the code on file in the office
of the Township Clerk and are available to all persons desiring to
use and examine the same.
The Police Department is authorized and directed to make inspections
to determine the condition of camp dwellings and their facilities
located within the Township in order to perform its duty of safeguarding
the health and safety of the occupants of camp dwellings and of the
general public. For the purpose of making these inspections, the Police
Department is authorized to enter, examine and survey at all reasonable
times all camp dwellings and their facilities. The owner or occupant
of every camp dwelling or the person in charge shall give the Police
Department free access to the camp dwelling at all reasonable times
for the purpose of inspection, examination and survey, subject to
the constitutional requirement of search warrant where applicable.
Every occupant of camp dwelling shall give the owner, or his/her agent
or employee, access to any part of the camp dwelling and its facilities
at all reasonable times for the purpose of making repairs or alterations
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.
Whenever the Police Department determines that there are reasonable
grounds to believe that there has been violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto,
notice of such alleged violation shall be given to the person responsible.
Notice shall be put in writing, including statement of the reasons
why it is being issued, allowing reasonable time for the performance
of any act it requires, and be served upon the owner or his/her agent,
or the occupant, as the case may require; provided that such notice
shall be deemed to be served properly upon the owner, agent or occupant
if copy is served upon him/her personally, if copy is sent by registered
mail to his/her last known address; if copy is posted in conspicuous
place in or about the dwelling affected by the notice; or if he/she
is served with such notice by any other method authorized or required
by law. 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.
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
hearing of the matter before the Township Committee, provided such
person files in the office of the Township Clerk written petition
requesting such hearing and setting forth brief statement of the grounds
therefor within 10 days after the day the notice is served. Upon receipt
of the petition, the Township Committee shall set time and place for
hearing and shall 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 conditions should be modified
or withdrawn. The hearing shall be commenced not later than 10 days
after the day on which the petition was filed, provided that upon
application of the petitioner the Township Committee may postpone
the date of the hearing for reasonable time beyond such ten-day period
if in its judgment the petitioner has submitted good and sufficient
reason for such postponement. After such hearing, the Township Committee
shall sustain, modify, or withdraw the notice, depending upon its
findings as to whether there has been compliance with the provisions
of this chapter and the rules and regulations adopted pursuant thereto.
If the Township Committee sustains or modifies such notice, it shall
be deemed to be an order. Any notice served pursuant to this chapter
shall automatically become an order if written petition for hearing
is not filed in the office of the Township Clerk within 10 days after
such notice is served.
The proceedings at the hearing, including the findings and decision
of the Township Committee, shall be summarized, reduced to writing
and entered as matter of public record in the office of the Township
Clerk. The record shall include a copy of every notice or order issued
in connection with the matter.
Whenever the Township Clerk finds that an emergency exists which
requires immediate notice or hearing, it shall issue an order reciting
the existence of such an emergency and requiring that such action
be taken as is 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 immediately,
but upon petition to the Township Committee 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
Township Committee shall continue such order in effect, or modify
it or revoke it.
The Police Department shall make and adopt such written rules
and regulations as may be deemed necessary for the proper enforcement
of the provisions of this chapter not inconsistent with the provisions
thereof. A certified copy of all rules and regulations which may be
adopted shall be filed in the office of the Township Clerk.
No person shall occupy as owner or occupant, or rent to another
for occupancy, any camp dwelling or facilities for the purpose of
living therein which does not conform to the provisions of the Private
Campgrounds Code.
