The Burlington County Health Department shall
be the enforcing officer to exercise the powers prescribed by this
chapter.
The enforcing officer 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 Moorestown 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 enforcing
officer 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 enforcing officer 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.
For the purpose of the within chapter, the enforcing
officer may determine that a dwelling is unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwellings,
the occupants of neighboring dwellings or other residents of the Township
of Moorestown. Such conditions may include the following (without
limiting the generality of the foregoing): defects therein increasing
the hazards of fire, accident or other calamities; lack of adequate
ventilation, light or sanitary facilities; dilapidation; disrepair,
structural defects or uncleanliness.
Pursuant to the provisions of P.L. 1946, c.21
(N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code (1980
Revision), as approved by the Department of Community Affairs 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
the fitness of a building for human habitation or occupancy or use.
A copy of the New Jersey State Housing Code (1980 Revision) is annexed
to this chapter, and three copies of the same have been placed on
file in the office of the municipal clerk and are available to all
persons desiring to use and examine the same.
Whenever a petition is filed with the enforcing
officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or
by at least five residents of the Township charging that any building
is unfit for human habitation or occupancy, or whenever it appears
to the enforcing officer (on his own motion) that any dwelling is
unfit for human habitation, as herein defined, he shall, if his preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the enforcing officer (or his designated
agent) at a place therein fixed not less than seven days nor more
than 30 days after the serving of said complaint; that the owner and
parties in interest shall be given the right to file an answer to
the complaint and to appear in person, or otherwise, and give testimony
at the time and place fixed in the complaint; and that the rules of
evidence prevailing in courts of law or equity shall not be controlling
in hearings before the enforcing officer.
Complaints or orders issued by the enforcing
officer pursuant to this chapter shall be served upon persons either
personally or by certified mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by said enforcing officer
in the exercise of reasonable diligence, and said enforcing officer
shall make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once
in a newspaper circulating in the Township of Moorestown. A copy of
such complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order, and a copy of such
complaint or order shall be duly recorded or lodged for record with
the county recording officer of the county in which the dwelling is
located.
The enforcing officer is hereby authorized and
empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including the following in addition to others herein granted:
A. To investigate the dwelling conditions in said Township
of Moorestown in order to determine which dwellings therein are unfit
for human habitation.
B. To administer oaths and affirmations, examine witnesses
and receive evidence.
C. To enter upon premises for the purpose of making examination,
provided that entries shall be made in such manner as to cause the
least possible inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this
chapter.
E. To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
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 (1980 Revision), established
hereby as the standard to be used in determining whether a dwelling
is safe, sanitary and fit for human habitation.
Nothing in this chapter shall be construed to
abrogate or impair the power of the Township of Moorestown or any
officer thereof to enforce any provisions of its charter or its ordinances
or regulations nor to prevent or punish violations thereof; and the
powers conferred by this chapter shall be in addition and supplemental
to the powers conferred upon the Township by any other law or ordinance.