[HISTORY: Adopted by the Board of Health of the Township
of Jackson 10-18-1963 by Ord. No. 1-63 (Ch. 122 of the 1972
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings and structures — See Ch. 133.
Uniform construction codes — See Ch. 162.
Fire prevention — See Ch. 204.
Housing standards — See Ch. 233.
Land use and development regulations — See Ch. 244.
Sanitary sewers — See Ch. 336.
Individual sewage disposal systems — See Ch. 493.
Individual and semipublic water supplies — See Ch. 505.
The Health Officer of the Township of Jackson is hereby designated
as the officer to exercise the powers prescribed by the within chapter,
and he shall serve in such capacity without any additional salary.
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, is hereby accepted,
adopted and established as a 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 three copies of the same 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.
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 Jackson
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, 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 Health Officer 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.
A.
Whenever the Health Officer determines that there are reasonable
grounds to believe that there has been a violation of any provisions
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.
(1)
Such
notice shall:
(a)
Be put in writing;
(b)
Include a statement of the reasons why it is being issued;
(c)
Allow a reasonable time for the performance of any act it requires;
and
(d)
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.
(2)
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 Board of Health, provided such
person shall file in the office of the Township 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 Township Clerk 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 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 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 Township Clerk within 10 days after such notice is served. 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 Township Clerk.
Such record shall also include a copy of every notice or order issued
in connection with the matter. 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.
C.
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 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 findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Board of Health shall continue such order in effect, 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 Officer 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 Jackson.
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.
[Amended 12-21-1972 by Ord. No. H3-72]
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 less than $2 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.
[Added 10-18-1966 by Ord. No. 6-66H]
No owner, agent of owner, real estate agent or broker, firm,
company, partnership, corporation or person or persons shall sell,
rent, transfer, grant, lease, let, mortgage with right of occupancy
or otherwise dispose of the ownership or occupancy of, whether or
not for a consideration and whether such disposal of ownership or
occupancy be temporary or permanent, any dwelling, dwelling unit,
hotel, motel, rooming house, rooming unit, boardinghouse or premises
on which a building is located and is used or intended to be used
for human occupancy, until a certificate of approval shall first have
been obtained from the Jackson Township Board of Health, stating the
building and premises comply with the requirements of the Jackson
Township Housing Code. Any persons occupying such premises, or any
person, corporation, partnership, organization or agency contracting
with the owner for occupancy of premises by another, shall be bound
by the provisions of this section and the penalties imposed for the
violation of the same.
