[HISTORY: Adopted by the Township Council of the Township
of Delran 11-7-2012 by Ord. No. 2012-15. Amendments noted where applicable.]
The Burlington County Health Department be and is hereby designated
as the enforcement officer to exercise the powers prescribed by the
within chapter, and they 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 et seq.), the "New Jersey State Housing Code (1980 Revision),"
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
(1980 Revision)" is annexed to this chapter, and three copies of same
have been placed on file in the office of the Delran Township Clerk
and are available to all persons desiring to use and examine the same.
The enforcement 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
Delran 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 inspections, the enforcement
officer is hereby authorized to enter, examine and survey, at all
reasonable times, all dwellings, dwelling units and rooming units,
and premises. The owner or occupant of every dwelling, dwelling unit,
rooming unit, or the person in charge thereof, shall give the enforcement
officer free access to such dwellings, dwelling unit, or rooming units
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 regulations adopted, or any lawful
order issued pursuant to the provisions of this chapter.
A.
Whenever the enforcement officer determines that there are reasonable
grounds to believe that there has been a violations of any provision
of this chapter, or any rule or regulations adopted pursuant thereto,
they shall give notice of such alleged violations to the person or
persons responsible therefore as hereinafter provided.
B.
Such notice shall:
(1)
Be put in writing;
(2)
Include a statement of reasons why it is being issued;
(3)
Allow a reasonable time for the performance of any act it requires;
and
(4)
Be served upon the owner or his agent, to the occupant, as the case
may require; provided that such notice shall be deemed to be properly
serviced upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally; or if a copy thereof is posted
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
this notice; or if he is served with such notice by any other method
authorized or required under the laws of this state.
C.
Such notice may contain an outline of remedial action, which, if
taken, will affect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
Any person affected by a notice which has been issued in connection
with the enforcement of any provision of this chapter, or of any rule
or regulations adopted pursuant thereto, may request and shall be
granted a hearing on the matter before the Council, provided that
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 therefore 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 commence 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 his
judgment the petitioner has submitted a good and sufficient reason
for such postponement. After such hearing, the 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 Council sustains
or modifies such notice, it shall be deemed to be in 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 of such hearing, including the findings and decision of
the Council, 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 Council may seek relief there from in any court of competition
jurisdiction, as provided by the laws of this state. Whenever the
enforcement 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 chapter, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petitions to the Council, shall be afforded a hearing as
soon as possible. After such hearing, and 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
Council shall continue such order in effect, or modify it or revoke
it.
The Council 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 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 Council shall file
a certified copy of all rules and regulations which they may adopt
in the office of the Township Clerk.
No person shall occupy as owner or 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 (1980 Revision)," established hereby as the standard
to be used in determining wither 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 shall, upon conviction, be punished by
a fine not to exceed $500 or by imprisonment in the county jail for
such period of time not to exceed 90 days, or by both such fine and
imprisonment, 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.
