Township of Eastampton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Eastampton 6-25-1973 by Ord. No. 1973-4 (Ch. 58 of the 1974 Township Code). Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 130.
Brush, grass, weeds and trash — See Ch. 167.
Unfit buildings — See Ch. 179.
Uniform construction codes — See Ch. 205.
Fire prevention — See Ch. 268.
Public health nuisances — See Ch. 347.
Property maintenance — See Ch. 385.
Subdivision of land and site plan review — See Ch. 460.
Zoning — See Ch. 540.

§ 307-1 Designation of enforcement official. [1]

Whenever the term "enforcement official" is used within the purview of this chapter, it shall refer to the Office of the Township Construction Official and/or the Burlington County Health Department and the officers, agents or personnel therein contained.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-2 Adoption of standards.

[Amended 9-12-2005 by Ord. No. 2005-18]
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, as amended from time to time, 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, except as to those criteria where the Township has adapted local amendments to the New Jersey State Housing Code Standards, as set forth below. Three copies of the New Jersey State Housing Code 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.

§ 307-3 Use and occupancy of space.

[Added 9-12-2005 by Ord. No. 2005-18]
A. 
Habitable room. "Habitable room" shall mean 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 space.
B. 
Living space. Every dwelling unit shall contain at least 800 square feet of floor space for the first two occupants and at least 200 square feet of floor space for each of the next three occupants and at least 100 square feet of additional floor space for each additional occupant. Floor space shall be calculated on the basis of total habitable room area.
C. 
Sleeping space. Every room occupied for sleeping purposes by one occupant shall contain at least 100 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 additional square feet for each additional occupant thereof. Floor area shall be calculated on the basis of total habitable room area.
D. 
Parking. The requirements of § 540-58, Required off-street parking spaces, shall be met.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-4 Inspections; right of entry. [1]

The enforcement official 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 Eastampton 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 enforcement official 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 enforcement official 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-5 Right of access by owner to make repairs.

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.[1]
[1]
Editor's Note: Original § 58-5, Designation of unfit buildings; condemnation, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-6 Notice of violation; hearing.

A. 
Whenever the enforcement official 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:[1]
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
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.
(5) 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
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 Eastampton Township Board of Health, provided that such person shall file in the office of the enforcement official 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 enforcement official shall set a time and place for such hearing and shall give the petitioner written notice thereof.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
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 enforcement official 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 enforcement official within 10 days after such notice is served.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
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 Secretary of the Board of Health. Such record shall also include a copy of every notice or order issued in connection with the matter.
E. 
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.
F. 
Whenever the enforcement official 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 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 enforcement official 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 enforcement official shall continue such order in effect, modify it or revoke it.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-7 Emergency situations.

[Added 9-12-2005 by Ord. No. 2005-18[1]]
Notwithstanding the aforesaid notice provisions, whenever an enforcement official 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 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 Board of Health, shall be afforded a hearing as soon as possible. After such hearing, depending upon its finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been compiled with, the Board of Health shall continue such order in effect, or modify it, or revoke it.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-8 Rules and regulations. [1]

The enforcement official 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 any way alter, amend or supersede any of the provisions thereof. The enforcement official 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 Eastampton.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-9 Occupancy of noncomplying premises prohibited.

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.

§ 307-10 Violations and penalties.

[Amended 5-28-1974 by Ord. No. 1974-5; 9-12-2005 by Ord. No. 2005-18[1]]
Any person, firm or corporation who shall violate any of the provisions of this chapter or the code adopted hereby shall, upon conviction, be punished by a fine in accordance with Chapter 1, Article II, Penalties for Violations, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).