[HISTORY: Adopted by the Board of Health
of the Township of Chester 7-9-1997 by Ord. No. 97-4. Amendments noted where
applicable.]
GENERAL REFERENCES
Public health nuisances — See Ch.
188.
The Board of Health, or its designated agent,
of the Township of Chester is hereby designated as the officer to
exercise the powers prescribed by this chapter and shall serve in
such capacity without any additional salary.
Pursuant to the provisions of N.J.S.A. 40:49-5.1
et seq., the New Jersey State Housing Code, as approved by the Department
of Community Affairs and filed in the Secretary of State's office,
is hereby accepted, adopted and established as the 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
one copy of the same has been placed on file in the office of the
Secretary of the Board of Health and is available to all persons desiring
to use and examine the same.
The Board of Health, or its designated agent,
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 Chester 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, or its designated agent, is hereby
authorized to enter, examine and survey at all reasonable times all
dwellings, dwelling units and rooming units, and the person in charge
thereof shall give the Board of Health, or its designated agent, 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.
Notification. Whenever the Board of Health,
or its designated agent, 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, notice
of such alleged violation shall be given 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
required; 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 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 affect
compliance with the provisions of this chapter and with the rules
and regulations adopted pursuant thereto.
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 Township Council
of the Township of Chester, provided that such person shall file in
the office of the Township Clerk a written petition requested 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 Council shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
B. At such hearing, the petitioner shall be given an
opportunity to be heard and to show why such notice should be modified
or withdrawn.
C. 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 her judgment, the petitioner has submitted a good and sufficient
reason for such postponement.
After such hearing, the Township Council shall
sustain, modify or withdraw the notice, depending upon their findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Township Council 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 Township Council, shall be summarized,
reduced to writing and entered as a matter of public record in the
office of the Township 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
Township Council may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the State of New Jersey.
Whenever the Board of Health, or its designated
agent, 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 their findings as to whether the
provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with, the Township Council shall
continue such order in effect or modify it or revoke it.
The 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 way alter, amend or supersede any of the provisions thereof. The
Board of Health shall file a certified copy of all rules and regulations
which they may adopt in the office of the Secretary of the Board of
Health.
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.
Any person, firm or corporation who or which
shall violate any of the provisions of this chapter shall, upon conviction,
be punished by a fine of not less than $5 nor more than $500. 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.