This chapter may be known and referred to as
the "Hampton Borough Housing Code."
There is hereby adopted a Housing Code for the Borough of Hampton. The substantive provisions of said code are as set forth in Article
II of this chapter.
[Amended 11-9-1992 by Ord. No. 14-92]
The Hampton Borough Board of Health is hereby
designated as the body to exercise the powers prescribed by virtue
of this chapter. Said Board shall be empowered to designate individual
inspectors to enforce the provisions of this chapter in accordance
with its existing procedures. Said Board may also retain from time
to time licensed or otherwise qualified plumbers, electricians, building
contractors and the like to carry out its inspection functions and
may call upon the Borough Construction Official and Subcode Officials,
as well as the County Board of Health, for technical assistance.
The Hampton Borough Board of Health is hereby
authorized to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Borough
of Hampton in order that it may perform the duty of safeguarding the
health and safety of the occupants of dwellings and of the general
public. Such inspections shall be made only if the Board of Health
has some reason to believe that a violation of the Housing Code exists.
The Board shall have reason to believe a violation exists upon the
written complaint of any person alleging such violation or in emergency
circumstances upon the verbal complaint of any person. The Board may,
however, decline to make an inspection if it believes such complaint
is unfounded or if the alleged violation is unsubstantial. For the
purpose of making such inspections, the Hampton Borough Board of Health
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 Hampton Borough
Board of Health or its inspector 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. As used herein, and absent emergent circumstances, "reasonable
times" are those times that are convenient to both the Board of Health
inspector and the owner or occupant. A reasonable time is when the
owner and/or occupant is normally at home but not normally asleep.
Whenever the Hampton Borough Board of Health
or its 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, 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 certified
mail, return receipt requested, to his last known address and 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 and required under the laws of this state.
Such notice may contain an outline of remedial action which, if taken,
will affect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
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 Hampton Borough Board of Health, provided that such person shall file in the office of the Hampton Borough 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 Hampton Borough Board of Health 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 Hampton Borough Board of Health 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 Hampton Borough 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 Hampton Borough 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 Hampton Borough Clerk within 10 days after such notice is served. The proceedings at such hearing, including the findings and decisions of the Hampton Borough Board of Health, shall be summarized, reduced to writing and entered as a matter of public records in the office of the Hampton Borough Clerk. Such records shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Hampton Borough Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state, or appeal such decision to the Hampton Borough Council as provided in §
147-8.
Whenever the Hampton Borough Board of Health
finds that an emergency exists which requires immediate action to
protect the public health or safety, it may, upon consultation with
and informal approval by any appropriate official of the County Board
of Health, without notice or hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken
as 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 Hampton Borough Board of Health, 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 Hampton Borough Board of Health shall continue such order
in effect or modify it or revoke it.
Any person aggrieved by a decision of the Hampton
Borough Board of Health under this chapter may, in addition to any
other remedies, have such decision reviewed by the Hampton Borough
Council. Such review shall be obtained by filing with the Hampton
Borough Clerk a notice of appeal, in writing, setting forth a brief
statement of the grounds for such appeal. A notice of appeal must
be filed within 10 days of the date the Board of Health makes its
decision. Upon receipt of such notice of appeal, the Borough Council
shall hold a hearing on the appeal no later than the second regularly
scheduled Borough Council meeting following the date the notice of
appeal is filed. The Borough Council may, however, meet in special
session before such time if it so desires. The hearing shall consist
of a review of the findings made by the Board of Health and arguments
concerning the same. The Borough Council may remand the appeal to
the Board of Health for further findings or supplement the record
by hearing other evidence. The Borough Council may affirm, reverse
or modify any decision under review. Any person aggrieved by the decision
of the Borough Council may seek relief therefrom in any court of competent
jurisdiction.
The Hampton Borough Board of Health 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 wise alter, amend or supersede any of the provisions
thereof. The Hampton Borough Board of Health shall file a certified
copy of all rules and regulations which it may adopt in its office
and in the office of the Hampton Borough Clerk.
No person shall occupy as owner or 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 Hampton Borough Housing Code established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[Amended 11-9-1992 by Ord. No. 14-92]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine of not to exceed $2,000, imprisonment in the county jail
for a period of not to exceed 90 days and/or a period of community
service not to exceed 90 days.
The provisions of this code shall constitute
the standards to guide the Hampton Borough Board of Health or its
agents in determining the fitness of a building for human habitation,
use or occupancy.
The words, terms or phrases listed below for
the purpose of this code shall be defined and interpreted as follows:
BUILDING
Any building or structure or part thereof used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING
A building or structure or part thereof containing one or
more dwelling units or lodging units.
DWELLING UNIT
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit, with facilities which
are used or designed to be used for living, sleeping, cooking and
eating.
GARBAGE
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage spaces.
INFESTATION
The presence, within or around a building, of any insects,
rodents or other pests.
LAVATORY
A room with conveniences for washing, which may include sinks,
tubs, showers, toilets, wash basins and the like.
LODGING HOUSE
Any building or that part of any building containing one
or more lodging units, each of which is rented by one or more persons
not related to the owner.
LODGING UNIT
A rented room or group of rooms, containing no cooking facilities,
used for living purposes by a separate family or group of persons
living together or by a person living alone, within a building.
OCCUPANT
Any person or persons in actual possession of and living
in the building or dwelling unit, including the owner.
OWNER
Any person properly authorized to exercise powers of, or
for an owner of property for purpose of, its purchase, sale, use,
occupancy or maintenance.
PERSON
The same meaning as defined in N.J.S.A. 1:1-2.
PLUMBING FIXTURES
Includes all installed receptacles or devices which are supplied
with water or which receive or discharge liquid waste or sewage into
the drainage system with which they are directly or indirectly connected.
RUBBISH
Includes all combustible and noncombustible waste material,
except garbage.
SANITARY
The absence of conditions that are hazardous to human health.
UTILITIES
Includes electric, gas, heating, water and sewerage services
and equipment therefor.
Every dwelling unit shall contain at least 150
square feet of floor space for the first occupant thereof and at least
100 additional square feet of floor space for every additional occupant
thereof, the floor space to be calculated on the basis of total habitable
room area, excluding any part of the room where the ceiling height
is less than five feet.
Nothing in this chapter shall be construed to
abrogate or impair the powers of any department of this municipality
or any agency of the State of New Jersey to enforce any provisions
of its charter or its ordinances, codes, regulations or statutory
provisions or to prevent or punish violations thereof.