Whenever the term "enforcement official" is used within the
purview of this chapter, it shall refer to the Office of the Township
Construction Official and/or the Burlington County Health Department
and the officers, agents or personnel therein contained.
[Amended 9-12-2005 by Ord. No. 2005-18]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1), the New Jersey State Housing Code, as approved by the
Departments of Health and Conservation and Economic Development and
filed in the Secretary of State's Office, as amended from time
to time, is hereby accepted, adopted and established as a standard
to be used as a guide in determining the fitness of a building for
human habitation or occupancy or use, except as to those criteria
where the Township has adapted local amendments to the New Jersey
State Housing Code Standards, as set forth below. Three copies of
the New Jersey State Housing Code have been placed on file in the
office of the Township Clerk and are available to all persons desiring
to use and examine the same.
[Added 9-12-2005 by Ord. No. 2005-18]
A. Habitable room. "Habitable room" shall mean a room or enclosed floor
space within a dwelling unit used or designed to be used for living,
sleeping, cooking, or eating purposes, excluding bathrooms, water
closet compartments, laundries, pantries, foyers, or communicating
corridors, closets, and storage space.
B. Living space. Every dwelling unit shall contain at least 800 square
feet of floor space for the first two occupants and at least 200 square
feet of floor space for each of the next three occupants and at least
100 square feet of additional floor space for each additional occupant.
Floor space shall be calculated on the basis of total habitable room
area.
C. Sleeping space. Every room occupied for sleeping purposes by one
occupant shall contain at least 100 square feet of floor area, and
every room occupied for sleeping purposes by more than one occupant
shall contain at least 50 additional square feet for each additional
occupant thereof. Floor area shall be calculated on the basis of total
habitable room area.
D. Parking. The requirements of §
540-58, Required off-street parking spaces, shall be met.
The enforcement official is hereby authorized and directed to
make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Township of Eastampton
in order that he may perform his duty of safeguarding the health and
safety of the occupants of dwellings and of the general public. For
the purpose of making such inspections, the enforcement official is
hereby authorized to enter, examine and survey, at all reasonable
times, all dwellings, dwelling units, rooming units and premises.
The owner or occupant of every dwelling, dwelling unit and rooming
unit, or the person in charge thereof, shall give the enforcement
official free access to such dwelling, dwelling unit or rooming unit
and its premises at all reasonable times for the purpose of such inspection,
examination and survey.
Every occupant of a dwelling or dwelling unit shall give the
owner thereof, or his agent or employee, access to any part of such
dwelling or dwelling unit or its premises, at all reasonable times,
for the purpose of making such 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.
[Added 9-12-2005 by Ord. No. 2005-18]
Notwithstanding the aforesaid notice provisions, whenever an
enforcement official finds that an emergency exists which requires
immediate action to protect the public health or safety, he may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as he 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 Board of Health, shall be afforded a hearing
as soon as possible. After such hearing, depending upon its finding
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been compiled with, the
Board of Health shall continue such order in effect, or modify it,
or revoke it.
The enforcement official is hereby authorized and empowered
to make and adopt such written rules and regulations as he may deem
necessary for the proper enforcement of the provisions of this chapter;
provided, however, that such 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 enforcement
official shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Clerk of
the Township of Eastampton.
No person shall occupy as owner-occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
[Amended 5-28-1974 by Ord. No. 1974-5; 9-12-2005 by Ord. No. 2005-18]
Any person, firm or corporation who shall violate any of the provisions of this chapter or the code adopted hereby shall, upon conviction, be punished by a fine in accordance with Chapter
1, Article
II, Penalties for Violations, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.