Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 57-78 and 7-90.
[Ord. #2009-02, S 1]
This chapter shall be applicable to all rental dwelling units,
as defined herein, in the Township of Montgomery.
Escrow amounts, observation and witness fees, and application
scheduling fees are due and payable at the time of submission of the
application requesting scheduling of the test involved. If such fees
are not paid at the time of application, no tests will be scheduled
by the administrative authority.
[Ord. No. #2009-02, S 1]
As used in this chapter:
Shall mean a building or structure or part thereof containing
one or more dwelling units.
Shall mean any room or group of rooms or any part thereof
within a building and forming a single habitable unit with facilities
that are used or designed for living, sleeping, cooking, and eating.
Shall mean any individual, corporation, company, association,
society, firm, partnership, joint stock company or agent of any of
the preceding.
Shall mean any dwelling or dwelling unit used or intended
to be used for human occupancy and that is to be rented, leased or
subleased.
[Ord. No. #2009-02, S 1]
All definitions included in the New Jersey State Housing Code
(N.J.A.C. 5:28-1.1, et seq.) shall be equally applicable as if set
forth herein at length.
[Ord. No. #2009-02, S 1]
The New Jersey State Housing Code, (N.J.A.C. 5:28-1.1, et seq.)
is hereby adopted in its entirety as part of this chapter as if set
forth at length herein. All rental dwelling units must comply with
the requirements of the State Housing Code. Whenever any standard
or requirement of that Code is referred to in this chapter, the most
recent edition of that Code shall be deemed to be incorporated herein
by reference, notwithstanding the fact that such edition may have
been published subsequent to enactment of this chapter. A copy of
the New Jersey State Housing Code is annexed to this chapter, and
three copies of the same shall be placed on file in the Township Health
Department and will be available to all persons for use and examination.
[Ord. No. #2009-02, S 1]
The Health Officer of the Board of Health, or their authorized
agent, is hereby designated as the official of the Township to enforce
this chapter. Nothing herein contained shall preclude, however, the
Police Department or any other enforcement agency of the Township
of Montgomery from enforcing the provisions of this chapter.
[Ord. No. #2009-02, S 1]
a.
All rental dwelling units shall be subject to inspection by the Health
Officer, or their authorized agent, to determine if the condition
and circumstances thereof provide a reasonable basis for believing
that a nuisance or unsanitary or unhealthy condition exists on the
premises in violation of this chapter and codes of the Township and
the State of New Jersey. For the purpose of making such inspections,
the Health Officer, or their authorized agent, is hereby authorized
to enter, examine and survey at all reasonable times such premises,
provided, however, that such entries thereon are made in such manner
as to cause the least inconvenience to persons in possession of said
premises.
b.
If the owner or occupant of any premises refuses to permit entry
for the purpose of inspection, the agent may apply to the Municipal
Court Judge of the Township for a search warrant. The application
shall be based upon an affidavit setting forth that the inspection
is part of a regular program of inspection or that conditions and
circumstances thereof provide a reasonable basis for believing that
a nuisance or unsanitary or unhealthy condition exists on the premises
in violation of this chapter. If the Judge is satisfied as to the
matters set forth in the affidavit, the Judge shall authorize the
issuance of a search warrant permitting access to and inspection of
the premises.
[Ord. No. #2009-02, S 1]
a.
Whenever any condition is determined by the Health Officer, or their
authorized agent, to be a violation of this chapter, notice shall
be given to the owner, agent, lessee, tenant, occupant or person in
control of the premises to remove or abate such condition within the
time specified in the notice, but not less than 10 days from the date
of service thereof or such shorter time as the Health Officer shall
direct where, in the Health Officer's opinion, conditions warrant
correction within a shorter time. Notices shall specify in writing
the various violations and the section or subsection violated. If
personal service is not practicable, notice may be sent by regular
mail and certified mail to the owner's last known address. If the
addressee refuses to claim or accept delivery of the certified mail,
and if the regular mail is not returned, service shall be deemed effective.
In the event service cannot be effected as detailed above, notice
of the violation(s) shall be posted on the building where the violation(s)
occur.
b.
Every lessee, tenant, occupant or person in possession of a rental
dwelling unit shall give the owner or operator thereof access to that
portion of the premises occupied or in possession of such person at
all reasonable times for the purpose of making repairs, alterations
or corrections as are necessary to cause the premises to be brought
into compliance with the provisions of this chapter or with any lawful
order issued pursuant to the provisions of this chapter.
[Ord. No. #2009-02, S 1]
a.
Where a provision of this chapter is found to be in conflict with
a provision in any Montgomery Township building or zoning ordinance
or in any other ordinance of the Township or in any regulation issued
under the authority of such ordinances, the provision which establishes
the higher standards for the protection of health, safety and welfare,
as determined by the Health Officer, or their authorized agent, shall
prevail.
b.
In the event the Health Officer, or their authorized agent, during
an inspection authorized in this chapter, discovers a violation of
the New Jersey Regulations for Maintenance of Hotels and Multiple
Dwellings (N.J.A.C. 5:10-1.1, et seq.), or another State code applicable
to the premises, the Health Officer, or their authorized agent, reserves
the right to refer the violation(s) to the New Jersey Department of
Community Affairs.
