[BH Ord. No. 5-26-70 § 1]
The Health Officer of the Monmouth County Regional Health Commission
No. 1 is hereby designated as the officer to exercise the powers prescribed
by this chapter, and he shall serve in such capacity without any additional
salary.
[BH Ord. No. 5-26-70 § 2]
Pursuant to the provisions of 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" has been
placed on file in the Office of the Borough Clerk and is available
to all persons desiring to use and examine the same.
[BH Ord. No. 5-26-70 § 3]
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 Borough of Monmouth
Beach 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.
[BH Ord. No. 5-26-70 § 4]
Whenever the Health Officer 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,
the Health Officer shall give notice of such alleged violation to
the person or persons responsible therefor as hereinafter provided.
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. The 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 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 Health Officer, provided such person
shall file in the Office of the Health Officer 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 Health Officer 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 Health Officer 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 Health Officer shall sustain,
modify, or withdraw the notice, 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. If the Health Officer
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 Health Officer within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision
of the Health Officer shall be summarized, reduced to writing, and
entered as a matter of public record in the office of the Borough
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 Health Officer may seek relief therefrom in any Court
of competent jurisdiction, as provided by the laws of the State. 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 Health Officer 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 Health Officer shall
continue such order in effect, or modify it, or revoke it.
[BH Ord. No. 5-26-70 § 5]
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 any way 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 Borough of Monmouth
Beach.
[BH Ord. No. 5-26-70 § 6]
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.
[BH Ord. No. 5-26-70 § 7]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be liable to the penalty established in Chapter BH:I, Section BH:1-2. 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.
[Ord. No. 1955 Sanitary
Code §§ 17, 18, 19]
a.
No person shall hereafter erect or cause to be erected or converted
to a new purpose by alteration, any building or structure used for
human habitation, which, or any part of which, shall be inadequate
or defective with respect to ventilation, light sewerage or any of
the usual, proper or necessary provisions or precautions for the preservation
of health, nor shall the owner, lessee, tenant or occupant of any
such, or of any other building, or structure, within the right or
ability of either to remedy or prevent the same, cause or allow any
matter or thing to be done in or about any such building or structure,
dangerous or prejudicial to health.
b.
Every tenement house, dwelling and building used for human habitation
and every part thereof shall be kept clean and free from any accumulation
of dirt, filth, garbage or other matter in or about the same, or in
any yard, court, passage, area, or alley connected with or belonging
to the same. The owner, tenant, or lessee of any tenement house, dwelling
and building, or part thereof, shall thoroughly cleanse all the rooms,
passages, stairs, floors, windows, doors, walls, ceilings, privies,
and drains of the house, or part of the house, or which he is the
owner, tenant or lessee.
c.
All domestic, commercial or industrial premises or any other building
used for human habitation shall be provided with a suitable and approved
means for the disposal of sewage, liquid waste, and human excrement.
[Ord. No. 1955 Sanitary
Code §§ 20, 21]
a.
No premises shall be rented, let, leased or occupied to be used as
living quarters for human habitation unless said premises shall have
a plentiful supply of potable water suitable for domestic purposes,
furnished at one or more places in such house, or in the yard thereof,
so that the same may be adequate, and reasonably convenient for the
use of the occupants of said house.
b.
Whenever the Board shall have satisfactory evidence that any well,
cistern or other source, the water of which is used for domestic purposes,
has become polluted and rendered unsafe for use, notice to discontinue
the use of said polluted water shall be sent to the owner, agent or
person in charge of said well, cistern or other source, and said owner,
agent or person shall on receipt of such notice, close said well,
cistern or other source, fill it up with fresh earth and discontinue
the use of the water thereof.
[Ord. No. 1955 Sanitary
Code §§ 22, 23]
a.
Any owner of property along the line of any sanitary sewer, shall
connect his house or other building therewith within 30 days after
notice in writing, to make such connection from the Board; said notice
to be served by delivering the same to the owner of the said premises
personally, or by leaving it at his usual place of abode with a member
of his family above the age of 18 years.
b.
No privy vault, cesspool or septic system shall be built or maintained
without first obtaining a permit from the Board. Before such permit
is granted by the Board, a plan describing the construction and location
of the privy vault, cesspool or septic system shall be filed with
the Board. The fee for a permit so issued shall be $1.
c.
Adequate toilet facilities must be provided before any outdoor carnival,
circus, show or performance locates upon the site, lot or tract or
parcel of ground upon which said performance is to take place. At
least one temporary privy vault for each 20% of each sex may be provided.
Said privy vault shall be so constructed as to prevent the entrance
of flies, and the contents of said privy vaults shall be adequately
covered with chloride or lime at all times, and covered with at least
two feet of earth before such outdoor carnival, circus, show or performance
leaves the site, lot, tract or parcel of ground upon which such carnival,
circus, show or performance takes place. The grounds shall be maintained,
kept and left in a sanitary and clean condition.
