[HISTORY: Adopted by the Township Committee of the Township of Chesterfield 9-11-1967.
Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch.
86.
Uniform construction codes — See Ch.
94.
Fire prevention — See Ch.
114.
Flood damage prevention — See Ch.
118.
Land development — See Ch.
130.
Smoke detectors — See Ch.
162.
Trailers and trailer parks — See Ch. 176.
Public health nuisances — See Ch.
210.
Sewage disposal systems — See Ch.
216.
Pursuant to the provisions of P.L. 1946, c. 21 (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, established and adopted by reference as a standard
to be used as a guide in determining whether dwellings in the Township of
Chesterfield 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 with the Township Clerk
and are available to all persons desiring to use and examine the same.
A. The Health Officer of the Township of Chesterfield 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.
B. The Health 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 Chesterfield 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 Health Officer is hereby authorized to enter, examine
and survey, at all reasonable times, all dwellings, dwelling units and premises.
The owner or occupant of every dwelling, dwelling unit and rooming unit
or the person in charge thereof shall give the Health Officer free access
to such dwelling, dwelling unit or rooming unit or 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.
The Health Officer may, upon affidavit, apply to the Municipal Judge
of the Township of Chesterfield 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 chapter exists on the premises,
and, if the Municipal Judge is satisfied as to the matter set forth in said
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.
Whenever a petition is filed with the Township Clerk by a public authority,
as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Township
of Chesterfield charging that any dwelling is unfit for human habitation as
herein defined or whenever it appears to the Health 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 as
provided by this chapter.
Whenever the Health Officer 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 be in writing and shall include:
A. A description of the real estate sufficient for identification.
B. A statement of the reason or reasons why it is being
issued.
C. A provision allowing a reasonable time for the performance
of any act it requires.
D. An explanation of the rights of the person upon whom
the notice has been served to seek modification or withdrawal of the notice
by petition to the Health Officer for a hearing.
E. A statement that any notice served pursuant to this section
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 such notice
is served and that any permit which has been suspended by a notice shall be
deemed to be automatically revoked if a petition for hearing is not filed
in the office of the Health Officer within 10 days after such notice is served.
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.
Such notice shall 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, or, if such person is unknown and the same cannot be ascertained by
the Health Officer, the serving of such notice upon such person may be made
by publishing the same once each week for two successive weeks in a newspaper
printed and published or widely circulated in the Township of Chesterfield.
A. 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 Health Officer, provided that such person
shall file in person or by mail in the office of the Health Officer a written
notice requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served. Upon
such receipt of such petition, the Health Officer shall set a time and place
for such hearing within 30 days therefrom and shall give the petitioner five
days' written notification thereof. At any hearing held in accordance
with this section, the petitioner shall be given an opportunity to be heard
and to show cause why such notice should be modified or withdrawn.
B. The Health Officer shall have the power to administer
oaths and affirmations in connection with the conductance of any such hearing,
and the rules of evidence prevailing in the courts shall not be controlling
in any such hearings.
A. After such hearing the Health Officer shall sustain,
modify or withdraw the notice, 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. If the Health Officer 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 Health Officer within 10 days
after such notice is served.
B. The proceedings at such hearing, including the findings
and decision of the Health Officer, 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.
C. Any person aggrieved by the decision of the Health Officer
may seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
If, after such notice and hearing, the Health Officer determines that
the dwelling under consideration is unfit for human habitation, as herein
defined, he shall state, in writing, his findings of fact upon the owner thereof
and the parties in interest and issue an order requiring:
A. The repair, alteration or improvement of said building
to be made by the owner, within a reasonable time, which time shall be set
forth in the order or, at the option of the owner, to vacate or to have said
building vacated and closed within the time set forth in the order.
B. If the building is in such a condition as to make it
dangerous to the health and safety of persons on or near the premises and
the owner fails to repair, alter or improve said building, within the time
specified in the order, that the owner remove or demolish said building within
a reasonable time as specified in said order of removal.
C. That, if the owner fails to comply with an order to repair,
alter or improve or, at the option of the owner, to vacate and close the building,
the Health Officer may cause to be posted on the main entranceway of any building
so closed, a placard with the following words: "This building is unfit for
human habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
Whenever the Health Officer 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 the Health Officer 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 Health
Officer, shall be afforded a hearing as soon as possible. After such hearing,
depending upon his finding, as to whether the provisions of this chapter 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.
The Health Officer 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 anywise alter, amend or supersede any of the provisions thereof.
The Health 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 Chesterfield.
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, except transient and migrant labor
housing.
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
$200 or by imprisonment in the county jail for a period of not to exceed 30
days, or by both such fine and imprisonment, and each violation of any of
the provisions of this chapter and each day the same is violated shall be
deemed and taken to be a separate and distinct offense.