[HISTORY: Adopted by the Township Committee
of the Township of Manalapan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 123, Art. I, of the 1993 Code; amended in its entirety 6-14-2023 by Ord. No. 2023-09]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the
New Jersey State Housing Code[1], as approved by the Departments of Health and Conservation
and Economic Development and filed in the Secretary of State's
office on January 31, 1962, is hereby adopted as a standard governing
supplied utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation,
occupancy or use and governing the condition of dwellings. A copy
of the New Jersey State Housing Code is attached to and made a part
of this section without the text being included herein.
[1]
Editor's Note: See N.J.A.C. 5:28-1.1 et seq.
Three copies of the New Jersey State Housing Code have been
placed on file in the office of the Township Clerk and will remain
on file there for the use and examination of the public.
The administrative and enforcing authority for the provisions
of this article shall be the Health Officer or his representative.
This article shall constitute the standards to guide the Health
Officer in determining the fitness of any dwelling, dwelling unit,
rooming unit or premises for human habitation, use or occupancy.
The Health Officer may make rules and regulations which interpret
or amplify any provision of this article or for the purpose of making
the provisions of this article more effective. No regulation, however,
shall be inconsistent with or alter or amend any provision of this
article, and no regulation shall impose any requirement which is in
addition to or greater than the requirements that are expressly or
by implication imposed by any provision of this article. Rules and
regulations shall be subject to the same penalty as other violations
of this article.
The Health Officer or his agents or employees shall make inspections
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the Township. For the purpose of making
inspections, the Health Officer or his agents are authorized to enter
and examine any dwelling, dwelling unit, rooming unit or premises
at such reasonable hours as the circumstances of the case permit.
This section shall not be construed to prohibit the entry of the Health
Officer or his agents at any time when an actual emergency exists
which tends to create a danger to public health or safety or at any
time when an inspection is requested by an owner or occupant.
Upon presentation of proper identification, the owner, occupant
or person in charge of a dwelling, dwelling unit or rooming unit shall
give the Health Officer or his agents free access to the premises
for the purpose of inspection or of making any repairs or alterations
which are necessary to effect compliance with this chapter.
The Health Officer or his agents may, upon affidavit, apply
to the Judge of the Municipal Court of the Township for a search warrant
setting forth factually the actual conditions and circumstances that
provide a reasonable basis for believing that a nuisance or violation
of this article exists on the premises, and if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, he shall
authorize the issuance of a search warrant permitting access to and
inspection of that part of the premises on which the nuisance or violation
may exist.
A.
Whenever the Health Officer or his representative determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this article or of any rule or regulation adopted
pursuant thereto, he shall give notice of the alleged violation to
the person or persons responsible therefor as hereinafter provided.
The 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 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 certified
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.
B.
The notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article and with
rules and regulations adopted pursuant thereto.
A.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this article, or of any
rule or regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Health Officer, provided
that such person shall file in the office of the Health Officer a
written petition requesting a hearing and setting forth a brief statement
of the grounds therefor within 10 days after the day the notice is
served. Upon receipt of the petition, the Health Officer shall set
a time and place for the hearing and shall give the petitioner written
notice thereof.
B.
At the hearing, the petitioner shall be given an opportunity to be
heard and to show why the notices should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
in which the petition is filed, provided that, upon application of
the petitioner, the Health Officer or his representative may postpone
the date of the hearing for a reasonable time beyond the ten-day period,
if in his judgment the petitioner has submitted a good and sufficient
reason for the postponement.
C.
After the hearing the Health Officer shall sustain, modify or withdraw
the notice, depending upon his findings as to whether the provisions
of this article and the rules and regulations adopted pursuant thereto
have been complied with. If the Health Officer sustains or modifies
the notice, it shall be deemed to be an order. Any notice served pursuant
to this article shall automatically become an order if a written petition
for a hearing is not filed in the office of the Health Officer within
10 days after the notice is served.
D.
The proceedings at the hearings, including the findings and the decision
of the Health Officer, shall be summarized, reduced to writing, and
entered as a matter of public record in the office of the Health Officer.
The record shall also include a copy of every notice or order issued
in connection with the matter.
E.
Any person aggrieved by the decision of the Health Officer or his
representative may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
F.
Whenever the Health Officer or his representative finds that an emergency
exists which requires immediate action to protect 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.
G.
Notwithstanding the other provisions of this article, such order
shall be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the Health
Officer shall be afforded a hearing as soon as possible. After such
hearing, depending upon his findings as to whether the provisions
of this article and of the rules and regulations adopted pursuant
thereto have been complied with, the Health Officer shall continue
such order in effect or modify it or revoke it.
[Adopted 5-10-1995 by Ord. No. 95-11]
[Amended 5-11-2005 by Ord. No. 2005-14]
As used in this article, the following terms
shall have the meanings indicated:
The certificate issued by the Township Construction Code
Department serves notice that based on a general inspection of the
visible parts of the dwelling or dwelling unit there are no unsafe
conditions found and the dwelling is approved for continued occupancy.
Any room or group of rooms located within a dwelling or building
and forming a single habitable unit, for one or more persons, for
the purpose of living, sleeping, cooking and sanitation needs.
A Township code enforcement officer designated by the Township
Construction Code Official as the Township Housing Inspector.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Any individual living or sleeping in a building, or having
possession of a space within a building.
[Amended 5-11-2005 by Ord. No. 2005-14]
A.
No owner of any dwelling or dwelling unit shall rent,
sell, renew the lease of, or otherwise permit occupancy of same or
any part thereof by any person not a member of his/her family unless
he/she shall first obtain a certificate of continued occupancy from
the Construction Code Department of the Township of Manalapan. In
the event of a lease, sale or other occupancy as above described without
the issuance of a certificate of continued occupancy, both the owner
and/or seller and the purchaser and/or lessee shall be deemed to have
violated this section, and the Housing Inspector shall summon such
person or persons before the Municipal Court of the Township without
further notice.
B.
An owner shall make application for a certificate
of continued occupancy in a reasonable time prior to closing of title
on any residential premises. A certificate of continued occupancy
shall be valid 90 days after date of the issuance of the certificate,
after which the certificate will expire. An application for an extension
may be applied for an additional 90 days. A certificate of continued
occupancy shall not be required when there is no change of occupancy.
[Amended 5-11-2005 by Ord. No. 2005-14; 12-3-2008 by Ord. No. 2008-23]
A.
Prior to the issuance of a certificate of continued occupancy, the Housing Inspector shall conduct an inspection of the dwelling unit, residential premises or any other building. The inspection shall be in accordance with the provisions of the International Property Maintenance Code of 2006 or such amendments and additional additions as may from time to time be adopted by the International Code Council and is hereby adopted. Chapter 1, Administration, shall be deleted in its entirety. This code establishing the minimum regulation governing the condition and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and habitation, or use.
B.
A copy of the International Property Maintenance Code
of 2006 or such amendments and additional additions as may from time
to time be adopted by the International Code Council is placed on
file in the office of the Township Construction Code Official and
will remain on file there for the use and examination of the public.
Prior to the issuance of a certificate of continued
occupancy, all units having wells and/or septic systems shall obtain
the necessary approvals from the Department of Health of the Township
of Manalapan.
A.
Any person found violating any provision of this article
shall be subject to a fine for each separate offense not exceeding
$1,000 or imprisonment for a period not exceeding 90 days, or both.
B.
Any person who is found guilty of violating any provision
of this article in connection with the ownership or operation of a
multiple dwelling or apartment house shall be fined a minimum of $50
for each separate offense.[1]
[1]
Editor's Note: Former Subsection C, pertaining
to unfit buildings' notice, which immediately followed this subsection,
was repealed 5-11-2005 by Ord. No. 2005-14.
[Added 10-27-1999 by Ord. No. 99-16;
amended 5-11-2005 by Ord. No. 2005-14; 12-3-2008 by Ord. No. 2008-23]
[Added 5-11-2005 by Ord. No. 2005-14]
A.
The Construction Code Official or his representative
shall have authority, as necessary in the interest of public health,
safety and general welfare, to adopt and promulgate rules and procedure
to interpret and implement the provisions of this article and code;
to secure the intent thereof; and to designate requirements applicable
because of local climatic or other conditions.
B.
Whenever there are practical difficulties involved
in carrying out the provisions of this ordinance or code, the Construction
Code Official or his representative shall have the authority to grant
modifications for individual cases, provided the Code Official shall
first find that the special individual reason makes the strict letter
of this ordinance or code impractical and the modifications are in
compliance with the intent and purpose of the ordinance or code and
that such modifications do not lessen the health and safety requirements.
