[HISTORY: Adopted by the Township Committee of the Township of Mansfield
5-25-1964 by Ord. No. 1964-6. Amendments noted where applicable.]
The Building Inspector of the Township of Mansfield be and he is hereby
designated as the officer to exercise the powers prescribed by this chapter,
and he shall serve in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946, as amended (N.J.S.A. 40:49-5.1), the "Private Campgrounds Code," as approved by the Department of Health and the Department of 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 campground dwellings, as well as their facilities, located in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the Private Campgrounds 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.
The Building Inspector[1] is hereby authorized and directed to make inspections to determine
the condition of camp dwellings, as well as their facilities, located within
the Township of Mansfield, in order that he may perform his duty of safeguarding
the health and safety of the occupants of camp dwellings, as well as the facilities,
and of the general public. For the purpose of making such inspections the
Building Inspector is hereby authorized to enter, examine and survey at all
reasonable times all camp dwellings, as well as their facilities. The owner
or occupant of every camp dwelling, as well as its facilities, or the person
in charge thereof, shall give the Building Inspector free access to such camp
dwelling, as well as its facilities, at all reasonable times for the purpose
of such inspection, examination and survey. Every occupant of a camp dwelling
shall give the owner thereof, or his agent or employee, access to any part
of such camp dwelling, as well as its facilities, 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 Building 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 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; and
(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.
(5)
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 the Township Committee, provided such
person shall file in the office of the Building 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 Building 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 Township Committee or Building
Inspector may postpone the date of the hearing for a reasonable time beyond
such ten-day period, if in its judgment the petitioner has submitted a good
and sufficient reason for such postponement. After such hearing the Township
Committee shall sustain, modify or withdraw the notice, depending upon its
findings as to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have been complied with. If the Township Committee
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 Building Inspector
within 10 days after such notice is served. The proceedings at such hearing,
including the findings and decision of the Township Committee, shall be summarized,
reduced to writing and entered as a matter of public record in the office
of the Township Clerk. 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 Township Committee may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of the state. Whenever
the Building 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 Township Committee, shall be afforded a hearing
as soon as possible. After such hearing, 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, the Township Committee shall continue
such order in effect or modify it or revoke it.
The Building 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 anyway alter, amend or supersede any of the provisions
thereof. The Building 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 Mansfield.
No person shall occupy as owner or occupant or rent to another for occupancy
any camp dwelling, as well as its facilities, for the purpose of living therein
which does not conform to the provisions of the Private Campgrounds Code established
hereby as the standard to be used in determining whether a camp dwelling is
safe, sanitary and fit for human habitation.
[Amended 5-5-1988 by Ord.
No. 1988-11]
Any person, firm or corporation who violates any of the provisions of
this chapter shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or to imprisonment in the county jail for a term not exceeding 90 days
or to a period of community service not exceeding 90 days, or to such combination
of punishments as the Municipal Judge may, in his or her discretion, deem
appropriate and just; and each violation of any of the provisions of this
chapter and each day the same is violated shall be deemed to be a separate
and distinct offense.
All other ordinances and parts of ordinances in conflict or inconsistent
with this chapter are hereby repealed, but only to the extent of such conflict
or inconsistency, and this chapter shall be in full force and effect immediately
upon its adoption and its publication as provided by law.
Should any section, paragraph, sentence, clause or phrase of this chapter
be declared unconstitutional or invalid for any reason, the remaining portions
of this chapter shall not be affected thereby and shall remain in full force
and effect, and to this end the provisions of this chapter are hereby declared
to be severable.
