[HISTORY: Adopted by the Board of Health
of the Township of Shamong 5-15-1973 by Ord. No. 1973-7. Amendments
noted where applicable.]
[Amended 2-4-1986 by Ord. No. BH1986-1]
The Board of Health of Burlington County be
and it is hereby designated as the officer to exercise the powers
prescribed by the within chapter.
Pursuant to the provisions of Chapter 21, P.L. 1946 (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. 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 2-4-1986 by Ord. No. 1986-1]
The Board of Health of Burlington County 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 Shamong in order that it may perform
its 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 Board of Health of Burlington County 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 Board of Health of Burlington County
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 2-4-1986 by Ord. No. 1986-1]
A.Â
Whenever the Board of Health of Burlington County
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, it 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; allow a reasonable
time for the performance of any act it requires; and 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.Â
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 regulations adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Board of Health,
provided such person shall file in the office of the Township Clerk
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 Township Clerk
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 Clerk may postpone the
date of the hearing for a reasonable time beyond such ten-day period,
if in his judgment the petitioner has submitted a good and sufficient
reason for such postponement, After such hearing, the Board of Health
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 Board of Health 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 Township Clerk within 10 days after
such notice is served. The proceedings at such hearing, including
the findings and decision of the Board of Health, 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 Board of Health may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of the state. Whenever the Board of Health of Burlington County
finds that an emergency exists which requires immediate action to
protect the public health, or safety, 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 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
Clerk shall be afforded a hearing as soon as possible. After such
hearing, depending upon his findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Board of Health shall continue
such order in effect, or modify it, or revoke it.
[Amended 2-4-1986 by Ord. No. 1986-1]
The Board of Health of Burlington County 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 anywise alter, amend or supersede any of the provisions
thereof. The Board of Health of Burlington County shall file a certified
copy of all rules and regulations which he may adopt in its office
and in the office of the Clerk of the Township of Shamong.
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.
[Amended 5-6-2008 by Ord. No. 2008-005]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions.
