[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette. Amendments noted where applicable.]
The Code Enforcement Officer of the Borough
of Lavallette is hereby designated as the officer to exercise the
powers prescribed by the within chapter, except where another officer
shall specifically be designated by any provisions of this chapter,
and he/she shall serve in such capacity without any additional salary.
Pursuant to the provisions of 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 municipality are safe, sanitary and fit for human habitation
and rental, subject to the amendments and modifications hereinafter
set forth. Three copies of the New Jersey State Housing Code same
have been placed on file in the office of the Lavallette Borough Clerk
and are available to all persons desiring to use and examine the same.
The following sections or subsections of the
New Jersey State Housing Code are hereby amended and modified as follows:
A.
Subsection 4.4 shall be amended to read as follows:
"Every plumbing fixture, except outdoor bibs, shall be connected to
water and sewer systems approved by the Plumbing Inspector and shall
be maintained in good working condition."
[Amended 3-12-2012 by Ord. No. 2012-03 (1102)]
B.
Section 5 is hereby deleted.
C.
Subsection 8.1 is hereby amended to specify that heating
facilities as set forth therein shall be required only in dwellings
occupied during the period from November 1 through April 30.
D.
Subsection 10.5 shall be amended to read as follows:
“Every foundation and floor of a dwelling 30 or more inches
above ground level and every wall of a dwelling shall be free from
chronic dampness.”
E.
Subsection 10.7 shall be amended to eliminate the
second sentence contained in that subsection.
F.
Subsection 12.7 shall be amended to read as follows:
“Every occupant of a dwelling unit shall dispose of all his/her
garbage and any other organic waste which might provide food for rodents
in such manner as may be prescribed by ordinances of the Borough governing
garbage disposal.”
G.
Subsection 12.8 shall be amended to read as follows:
“Every occupant of a dwelling shall dispose of all his/her rubbish
in such a manner as may be prescribed by ordinances of the Borough
governing such disposal.”
H.
Subsection 12.13. The following phrase shall be added
to the end of Subsection 12.13: “... when such premises are
occupied.”
I.
Subsection 12.14 shall be amended to read as follows:
“Every owner of a dwelling who permits to be occupied any dwelling
or lodging unit therein under any agreement, expressed or implied,
to supply or furnish heat to the occupants thereof shall supply heat
during the period from November 1 to April 30 adequate to maintain
therein a minimum inside temperature of 65° F. in all habitable
rooms, bathrooms and water closet compartments between the hours of
6:00 a.m. and 11:00 p.m. throughout the year.”
J.
Subsection 12.15 shall be amended to read as follows:
“In the absence of a contract or agreement to the contrary,
an owner shall be obliged to provide heat during the period from November
1 to April 30 wherever heating facilities are under the control of
the owner or whenever two or more dwelling units or lodging units
are heated by a common facility.”
The Code Enforcement Officer of the Borough
of Lavallette is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the Borough of Lavallette in order that
he/she may perform his/her duty of safeguarding the health and safety
of the occupants of dwellings and of the general public. The Plumbing
Inspector of the Borough of Lavallette is hereby authorized and directed
to make inspections to determine the condition of plumbing facilities,
as set forth in Section 4 of the New Jersey State Housing Code, in
order that he/she 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 such inspections, the Code Enforcement Officer
or the Plumbing 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 Code Enforcement Officer or Plumbing 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 and
survey. Every occupant of a dwelling or dwelling unit shall give the
owner thereof, or his/her 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 any lawful order issued pursuant to the provisions of this chapter.
A.
Whenever the Code Enforcement Officer or Plumbing
Inspector determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter,
he/she shall give notice of such alleged violation to the person or
persons responsible therefor as hereinafter provided. Such notice
shall be put in writing, include a statement of the reasons why it
is being issued, 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 properly served upon such owner or agent or upon such
occupant if a copy thereof is served upon him/her personally, or if
a copy thereof is sent by registered mail to his/her 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/she is served with such
notice by any other method authorized or required under the laws of
this state. Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter.
B.
The person or persons responsible for any violation
of this chapter which, in the judgment of the Code Enforcement Officer
(or in the judgment of the Plumbing Inspector in instances of violations
relating to plumbing facilities as set forth in Section 4 of the New
Jersey State Housing Code), renders the premises unfit for human habitation
shall have a period of three days from the date notice is given in
the manner set forth above to correct such violation. In such instances,
the notice shall specify that the Code Enforcement Officer (or Plumbing
Inspector) has determined that the premises are unfit for human habitation
and that the person or persons responsible for the violation shall
have a period of three days within which to correct such violation.
C.
In the event of violations of this chapter which,
in the judgment of the Code Enforcement Officer (or Plumbing Inspector),
do not render the premises unfit for human habitation, the person
or persons responsible for such violations shall have a period of
30 days from the date notice is given in the manner set forth above
to correct such violations.
D.
In the event that there are multiple violations and
not all of such violations shall relate to the fitness of the premises
for human habitability, the person or persons responsible shall be
given a period of three days to correct those violations relating
to the fitness of the premises for human habitability and shall further
be given a thirty-day period within which to correct those violations
not relating to the fitness of the premises for human habitability.
The notice given in instances of multiple violations shall state those
violations which must be corrected within three days and those violations
which must be corrected within 30 days.
No person shall occupy as owner or 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 Housing Code established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation. No person shall occupy, rent to another
for occupancy or permit occupancy of that portion of a garage, whether
attached or detached, which is designed for the storage of motor vehicles,
as living quarters.
Any person, firm or corporation that shall be
convicted of a violation of a provision of this chapter shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine of no less than $100 and no more
than $1,000, imprisonment not to exceed 90 days or community service
of not more than 90 days, or any combination of fine, imprisonment
and community service, as such court in its discretion may impose.
Each day that such violation exists shall constitute a separate offense.
