Township of Mount Olive, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 8-8-1974 by Ord. No. B-1-74; amended in its entirety 5-14-1998 by Ord. No. B-2-98 (Ch. 312, Art. III, of the 1990 Code)]
A. 
This article shall be enforced by the Township Health Officer or Registered Environmental Specialist.
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
B. 
No Board of Health certificate shall be issued except in compliance with the provisions of this article. No certificate of health inspection regarding individual sewage disposal systems and potable water supplies for existing occupied properties shall be issued except in compliance with the provisions of this article.
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
A. 
The provisions of this article shall apply to all rental buildings where individual sewage disposal systems (ISDS) are used for the control and treatment of sewage and/or all buildings served by an individual potable water supply. The term "building" shall include but not be limited to residential, commercial and industrial use structures.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
LICENSED SEPTIC SLUDGE REMOVAL EXPERT
Any person, partnership, firm or corporation which has been duly examined by the enforcing official and found qualified to so serve and has paid the Township the sum of $100 as an annual registration fee.
NEW OWNER
Any person, firm, entity, partnership or corporation, or combination thereof, which jointly or singly obtains title to a property, or a part thereof, by a deed recorded in the land records of the appropriate County Clerk, except those deeds which can be recorded without payment of the realty transfer fee pursuant to the full exemptions granted under N.J.S.A. 46:15-10, as hereafter may be amended.
RESALE PROPERTY
Any property or part thereof, the title to which has been conveyed to a new owner as defined above.
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
A. 
Rental properties.
(1) 
No building or part thereof shall now or hereafter be leased or rented to any tenant or lessee unless the owner of said premises shall first have obtained a Board of Health certificate from the enforcing official.
(2) 
The owner of every building who rents or leases all or any part thereof shall file with the Health Department a statement, on a form supplied by the Health Department, containing the following information:
(a) 
The address and a description of the building.
(b) 
The name, address and telephone number of the owner.
(c) 
The name of the person or persons to whom it is being rented to.
(d) 
The number of persons to occupy the building or part of the building being rented.
(e) 
Number of bedrooms or size of unit(s).
(3) 
Certificate of health inspection shall apply to properties which are currently utilized for residential, commercial or industrial use where the new renter intends to utilize the properties for the same use and to any property which the new renter intends a different use.
(4) 
If the owner of the building resides out of the County of Morris, he or she shall appoint an agent to act in his or her behalf and be responsible for complying with this article.
(5) 
It shall be the obligation of the owner to furnish a copy of the certificate of health inspection to the renter prior to occupancy.
A. 
A certificate of health shall be issued once the requirements of the Board of Health regarding individual sewage disposal system and/or water supply system are in compliance.
B. 
If the Health Officer/enforcing official has issued any notification of violation under this article or has any knowledge with respect to any Township ordinance being violated, to a property for which a certificate of health inspection is sought, the certificate shall not be issued until such time as the violations have been properly cured, remediated or fixed to the satisfaction of the enforcing official.
[1]
Editor’s Note: This section title, formerly “Certificate for required rentals and resales,” was revised 3-18-2015 by BOH Ord. No. 2015-1.
A. 
Application for Board of Health certificates or certificates of health inspection shall be made, in writing, to the enforcing official as prescribed in § 445-30.
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
B. 
A Board of Health Certificate is valid for a period not exceeding one year from the date of application, if no change in ownership occurs. If the tenant of the property changes within this allotted time, the owner must notify the Health Department of the new tenants for same usage to remain valid.
C. 
A fee of $150 shall be charged for each septic system evaluation certification. A fee of $5 is required for any update and/or additional copies requested.
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
[Amended 3-18-2015 by Ord. No. BOH 2015-1]
As soon as practical, and within 10 working days upon receipt of an application for the issuance of a Bored of Health certificate, the Township enforcing official shall cause an inspection to be made of the individual sewage disposal system. A copy of the water test, in compliance with NJDEP private well testing standards shall be provided.
A. 
Any person dissatisfied or aggrieved by the decision of the enforcing official or any requirement under this article may file a written appeal to the Board of Health, which shall set the matter down for a hearing at the next available meeting. The appeal must be received a minimum of 10 days prior to the meeting date to be heard at that time.
B. 
Within seven days after the hearing date, the Board of Health shall decide the appeal. A copy of such decision shall be mailed to the applicant. The Board shall also direct whether or not a Board of Health certificate should be issued.
Any person violating the provisions of this article shall be liable to a penalty for such offense of not less than $200 nor more than $500, and for each subsequent offense to a penalty of not less than $500 nor more than $1,000.