[HISTORY: Adopted by the Township Council of the Township
of Mine Hill by Ord. No. H-24-72 (Ch. XIX, Sec. 19-6, of the 1986 Revised General Ordinances).
Amendments noted where applicable.]
[Amended 4-7-1988 by Ord. No. 399-88]
The Sanitary Inspector of the Township or person authorized
or under contract by the Township Council is hereby designated as
the officer to exercise the powers prescribed by the within chapter,
and he shall serve in such capacity without any additional salary.
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, is hereby accepted, adopted
and established as a standard to be used as a guide in determining
whether dwellings in this Township are safe, sanitary and fit for
human habitation and rental. A copy of the "New Jersey State Housing
Code" is annexed to this chapter, and three copies of the same have
been placed on file in the office of the Township Clerk and are available
to all persons desiring to use and examine same.
The Sanitary Inspector or person authorized or under contract
by the Township Council is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
and premises and rooming units located within the Township 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 Sanitary Inspector 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 Sanitary Inspector free access to such
dwelling, dwelling unit or rooming unit and its premises at all reasonable
times for the purpose of such inspection, examination or 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.
A.
Whenever the Sanitary Inspector 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,
he shall give notice of such alleged violation to the person responsible
therefor as hereinafter provided.
(1)
Such notice shall:
(a)
Be put in writing;
(b)
Include a statement of the reasons why it is being issued;
(c)
Allow a reasonable time for the performance of any act it requires;
and
(d)
Be served upon the owner or his agent or the occupant, as the case
may require, provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally; or if a copy thereof is sent
by registered mail to his last known address; or if a copy thereof
is posted in a conspicuous place in or about the dwelling affected
by the notice; or if he is served with such notice by any other method
authorized or required under the laws of this state.
(2)
Such notice may contain an outline of remedial action which, if taken,
will affect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
B.
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
a hearing on the matter before the Sanitary Inspector, provided such
person shall file in the office of the Sanitary Inspector a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefor within 10 days after the day the notice was
served. Upon receipt of such petition, the Sanitary Inspector shall
set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice 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 Sanitary Inspector may postpone
the date of the hearing for a reasonable time beyond such ten-day
period if, in his judgment, the petitioner has submitted a good and
sufficient reason for such postponement. After such hearing, the Sanitary
Inspector shall sustain, modify, or withdraw the notice, depending
upon his findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied
with. If the Sanitary Inspector 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 a written petition
for a hearing is not filed in the office of the Sanitary Inspector
within 10 days after such notice is served. The proceedings at such
hearing, including the findings and decision of the Sanitary Inspector,
shall be summarized, reduced to writing, and entered as a matter of
public record in the office of the Sanitary Inspector. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Sanitary
Inspector may seek relief therefrom on any court of competent jurisdiction,
as provided by the laws of the State. Whenever the Sanitary Inspector
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 Sanitary
Inspector, shall be afforded a hearing as soon as possible. After
such hearing, depending upon his findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Sanitary Inspector shall continue
such order in effect or modify it or reduce it.
The Sanitary Inspector 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 Sanitary Inspector 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 Mine
Hill.
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.
[Added 4-7-1988 by Ord. No. 399-88]
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the general penalty as stated in § 1-3 of this Code.
