[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 6-24-1969
by Ord. No. 1969-7 (Sec. 2.88 of the 1995 Code). Amendments
noted where applicable.]
[Amended 3-14-1978 by Ord. No. 1978-3; 7-19-2006
by Ord. No. 2006-23]
The Construction Official or Burlington County Health Department of
the Township of Cinnaminson be and is hereby designated as the officer to
exercise the powers prescribed by this chapter and shall serve in such capacity
without any additional salary.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments of Health
and Senior Services 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. 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 the same.
[Amended 3-14-1978 by Ord. No. 1987-3; 7-19-2006
by Ord. No. 2006-23]
The Construction Official or Burlington County Health Department 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 Cinnaminson in order that the health and safety of the occupants
of dwellings and of the general public may be safeguarded. For the purpose
of making such inspections, the Construction Official or Burlington County
Health Department is hereby authorized to enter, examine and survey all dwellings,
dwelling units, rooming units and premises at all reasonable times. The owner
or occupant of every dwelling, dwelling unit and rooming unit, or the person
in charge thereof, shall give the Construction Official or Burlington County
Health Department 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.
[Amended 3-14-1978 by Ord. No. 1978-3; 5-13-1987
by Ord. No. 1987-7; 7-19-2006 by Ord.
No. 2006-23]
A.
Whenever the Construction Official or Burlington County
Health Department 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 or it shall give notice of
such alleged violation to the person or persons responsible therefor as hereinafter
provided. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act
it requires.
(4)
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. Such 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.
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 a panel consisting of the Township Engineer,
serving as Chairman, Plumbing Inspector, Sanitary Inspector, Fire Official
and the Chairman of the Board of Health, provided that such person shall file
in the office of the Construction Official or Burlington County Health Department
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.
C.
Upon receipt of such petition, the Construction Official
or Burlington County Health Department hall 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 Construction Official or Burlington
County Health Department may postpone the date of the hearing for a reasonable
time beyond such ten-day period if, in his or its judgment, the petitioner
has submitted a good and sufficient reason for such postponement. After such
hearing, the panel shall sustain, modify or withdraw the notice, 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. If
the panel 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 Construction
Official or Burlington County Health Department within 10 days after such
notice is served. The proceedings at such hearing, including the findings
and decision of the panel, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Construction Official or
Burlington County Health Department.
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 panel may seek
relief therefrom in any court of competent jurisdiction, as provided by the
laws of the state. Whenever the Construction Official or Burlington County
Health Department finds that an emergency exists which requires immediate
action to protect the public health or safety, he or it may, without notice
or hearing, issue an order reciting the existence of such an emergency and
requiring that such action be taken as he or it 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 Construction
Official or Burlington County Health Department shall be afforded
a hearing as soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this chapter and of the rules and regulations
adopted pursuant thereto have been complied with, the panel shall continue
such order in effect or modify it or revoke it.
The panel is hereby authorized and empowered to make and adopt such
written rules and regulations as it 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 panel
shall file a certified copy of all rules and regulations which it may adopt
in its office and in the office of the Clerk of the Township of Cinnaminson.
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.
No person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed
$200 or by imprisonment in the county jail for a period not to exceed 90 days,
or by both such fine and imprisonment, 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.
