[HISTORY: Adopted by the Township Committee of the Township
of Montague 6-8-64. Sections 31-2, 31-10 and 31-11 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. 1. Other
amendments noted where applicable.]
[Amended 6-28-16 by Ord. No. 2016-06]
The Health Officer and/or Code Enforcement Officer of the Township
of Montague shall be and he 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.
[Amended 9-14-76 by Ord. No. 76-15]
Chapter XI, Campgrounds, of the New Jersey State Sanitary Code
promulgated by the Public Health Council of the State Department of
Health shall be used as a standard and a guide in determining whether
campground dwellings, as well as their facilities, located in this
municipality are safe, sanitary and fit for human habitation and rental.
[Amended 6-28-16 by Ord. No. 2016-06]
A.
The Health Officer and/or Code Enforcement Officer is hereby authorized
and directed to make inspections to determine the condition of camp
dwellings, as well as their facilities, located within the Township
of Montague in order that he may perform his duty of safeguarding
the health and safety of the occupants of camp dwellings, as well
as their facilities, and of the general public.
[Amended 6-28-16 by Ord. No. 2016-06]
B.
For the purpose of making such inspections, the Health Officer and/or
Code Enforcement Officer is hereby authorized to enter, examine and
survey at all reasonable times all camp dwellings, as well as their
facilities. The owner or occupant of every camp dwelling, as well
as its facilities, or the person in charge thereof, shall give the
Health Officer and/or Code Enforcement Officer free access to such
camp dwelling, as well as its facilities, at all reasonable times
for the purpose of such inspection, examination and survey.
Every occupant of a camp dwelling shall give the owner thereof,
or his agent or employee, access to any part of such camp dwelling,
as well as its facilities, 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.
[Added 7-11-78 by Ord. No. 78-7; Amended 9-14-76 by Ord. No.
76-15]
A.
Whenever the Health Officer and/or Code Enforcement 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, he shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
[Amended 6-28-16 by Ord. No. 2016-06]
B.
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 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. Such notice may contain an outline of remedial action
which, if' taken, will effect 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 Township Committee of Montague
Township, provided 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 therefor within 10 days after the
day the notice was served.
Upon receipt of such petition the Township Committee 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 Township Committee may postpone the date of the
hearing for a reasonable time beyond such ten-day period if, in its
judgment, the petitioner has submitted a good and sufficient reason
for such postponement. After such hearing the Township Committee shall
sustain, modify or withdraw the notice, depending upon its findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Township Committee 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 Township Clerk within 10 days after such notice
is served. The proceedings at such hearing, including the findings
and decision of the Township Committee, 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 Township Committee may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
the state.
[Amended 6-28-16 by Ord. No. 2016-06]
Whenever the Health Officer and/or Code Enforcement 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 Township
Committee, shall be afforded a hearing as soon as possible. After
such hearing, depending upon its findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Township Committee shall continue
such order in effect or modify it or revoke it.
[Amended 6-28-16 by Ord. No. 2016-06]
The Health Officer and/or Code Enforcement 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 anywise alter, amend or supersede any of the provisions
thereof. The Health Officer and/or Code Enforcement Officer shall
file in his office and in the office of the Clerk of the Township
of Montague a certified copy of all rules and regulations which he
may adopt.
[Amended 9-14-76 by Ord.
No. 76-15]
No person shall occupy as owner-occupant or rent to another
for occupancy any camp dwelling, as well as its facilities, for the
purpose of living therein, which dwelling does not conform to the
provisions of Chapter XI of the State Sanitary Code, established hereby
as the standard to be used in determining whether a camp dwelling
is safe, sanitary and fit for human habitation.
[Amended 9-14-76 by Ord.
No. 76-15]
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
a period not to exceed 90 days, or by both such fine and imprisonment.
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.
[Amended 8-9-88 by Ord. No. 89-15; 6-28-16 by Ord. No. 2016-06]
A.
The fee for a permit to operate a campground from March 1st through
November 30th, or any part thereof, shall be $250 payable at the time
of application. In the event the permit is denied, the fee shall be
refunded.
B.
The fee for a special permit to operate a campground from December
1st through February 28th, or any part thereof, shall be $150 payable
at the time of application. In the event the permit is denied, the
fee shall be refunded.
