[HISTORY: Adopted by the Township Committee of the Township
of Montague 2-9-71. Section 42-11 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
[Amended 5-10-83 by Ord. No. 83-9]
The Construction Official of the Township of Montague, the Code
Enforcement Official of the Township of Montague, and any duly authorized
officer of the Sussex County Department of Health shall be and they
are hereby designated as the Public Officer to exercise the powers
prescribed by this chapter.
[Amended 5-10-83 by Ord. No. 83-9]
Pursuant to the provisions of P.L. 1946, c. 21 (N.J,S.A. 40:49-5.1
et seq.), the New Jersey State Code (1980 Revision), 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 (1980 Revision) is annexed to this chapter, and three copies
of the same have been placed on file in the office of the Township
Clerk and are available to all persons desiring to use and examine
the same.
A. The public 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 Montague in order that
he may perform his duty of safeguarding the health and safety of the
occupants of dwellings and of the general public.
B. For the purpose of making such inspections, the public 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 public 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.
A. Whenever the public 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.
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 Board of Health, 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 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 be commenced not later than 10 days after the day
on which the petition was filed, provided that upon application of
the petitioner, the Board of Health 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 Board of Health 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 Board of Health 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 Board of Health, 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 Board of Health may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
Whenever the public 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 Board of Health, 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
Board of Health shall continue such order in effect or modify it or
revoke it.
The public 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 public 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.
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.
[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.
[Added 5-10-83 by Ord. No. 83-9]
The Construction Official is authorized and empowered, as may
be necessary or convenient, to carry out and effectuate the purposes
and provisions of this chapter, to exercise the following powers,
in addition to others herein granted or otherwise authorized by law:
A. To investigate the building conditions in the township for the purpose
of determining which buildings located therein are unfit for human
habitation.
B. To administer oaths and affirmations, examine witnesses and receive
evidence.
C. To enter upon premises for the purpose of conducting examinations,
provided that such entries shall be made in such a manner as to cause
the least possible inconvenience or disturbance to the persons then
in possession.
D. To appoint and establish the duties of such officers, agents and
employees as he deems necessary to perform the purposes of this chapter.
E. To delegate any of his functions and powers created by this chapter
to such other officers or agents as he may, from time to time, designate.
[Repealed 10-14-86 by Ord. No. 86-12]
[Repealed 10-14-86 by Ord. No. 86-12]