[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.
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.
[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.
[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.
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.
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]
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.
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]
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]
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]
[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.
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.
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 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.
