[Added 11-21-2011 by Ord. No. 51-2011[1]]
The Township of Harrison seeks to establish minimum standards
to govern the condition and maintenance of all property, buildings
and structures located within the Township of Harrison. The Township
hereby adopts these regulations with the purpose and intent of promoting
the health, safety and welfare of the public in any properties, buildings
and structures not regulated by any other statute, rule or ordinance.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1 et seq.), the New Jersey State Housing Code, N.J.A.C. 5:28-1
et seq., as approved by the Department of Community Affairs 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 article and three copies of the same have been
placed on file in the office of the Harrison Township Clerk and are
available to all persons desiring to use and examine the same.
A.
The Harrison Township Housing Code Officer and/or the Gloucester
County Department of Health (collectively "Officer") be and is hereby
designated as the Officer to exercise the powers prescribed by the
within article, and they shall serve in such capacity without any
additional salary.
B.
The Officer is hereby authorized and empowered to make and adopt
such written rules and regulations as they may deem necessary for
the proper enforcement of the provisions of this article; provided,
however, that such rules and regulations shall not be in conflict
with the provisions thereof. The Officer shall file a certified copy
of all rules and regulations which may be adopted in their office,
and in the office of the Township of Harrison Clerk.
A.
The 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 Harrison in order that
they may perform their duty of safeguarding the health and safety
of the occupants of dwellings and of the general public. For the purpose
of making such inspection, the Officer is hereby authorized to enter,
examine and survey at all reasonable times all dwellings, dwelling
unit, 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 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 times for the purpose of making such
repairs or alterations as are necessary to effect compliance with
the provisions of this article or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
article.
B.
Whenever the Officer determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
article or any rule or regulation adopted pursuant thereto, they shall
give notice of such alleged violation 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 requires; and be
served upon the owner or his agent, or the occupant, as the case my
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 effect compliance
with the provisions of this article and with 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 article, or any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Township of Harrison Zoning Board,[1] provided such person shall file in the office of the Township
of Harrison Zoning Board 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 of Harrison Zoning Board 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.
B.
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 Zoning Board may postpone the date of the hearing
for a reasonable time beyond such ten-day period, if, in their judgment,
the petitioner has submitted a good and sufficient reason for such
postponement.
C.
After such hearing, the Township of Harrison Zoning Board shall sustain,
modify, or withdraw the notice, depending upon its findings as to
whether the provisions of this article and of the rules and regulations
adopted pursuant thereto have been complied with. If the Zoning Board
sustains or modifies such notice, it shall be deemed to be an order.
Any notice served pursuant to this article shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Township of Harrison Zoning Board within 10 days after such
notice is served.
D.
The proceedings at such hearing, including the findings and decision
of the Zoning Board shall be summarized, reduced to writing, and entered
as a matter of public record in the office of the Township of Harrison
Zoning Board. 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 Zoning Board may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of the State of New Jersey.
F.
Whenever the Officer finds that an emergency exists which requires
immediate action to protect the public health or safety, they may,
without notice or hearing issue an order reciting the existence of
such an emergency and requiring that such action be taken as they
deem necessary to meet the emergency. Notwithstanding the other provisions
of this article, such order shall be effective immediately.
G.
Any person to whom such order is directed shall comply therewith
immediately, but upon petition to the Zoning Board shall be afforded
a hearing as soon as possible. After such hearing, depending upon
its findings as to whether the provisions of this article and of the
rules and regulations adopted pursuant thereto have been complied
with, the Officer shall continue such order in effect, or modify it,
or revoke it.
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, N.J.A.C. 5:28-1 et seq.; established hereby as
the standard to be used in determining whether a dwelling is safe
and fit for human habitation.
