[HISTORY: Adopted by the Township Committee of the Township
of Raritan 10-11-2000 by Ord. No.
00-27 (Ch. 15.08 of the 2000 Code). Amendments noted
where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the
New Jersey State Housing Code, as approved by the Department of Health
and the Department of Environmental Protection and filed in the office
of the Secretary of State, is 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 is made a
part of this section without the text being included herein. Three
copies of the New Jersey State Housing Code have been placed on file
in the office of the Clerk and shall remain on file there for the
use and examination by the public.
[Amended by Ord. No. 15-07]
The Land Use Enforcement Officer of the Township is designated
as the officer to exercise the powers prescribed by this chapter,
and he shall serve in such capacity without any additional salary.
[Amended by Ord. No. 15-07]
The Land Use Enforcement Officer is authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Township, in
order that they may perform their 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 Land Use Enforcement
Officer is 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 Land Use Enforcement
Officer free access to the 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 or her agent or employee, access
to any part of the 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.
[Amended by Ord. No. 15-07]
The Land Use Enforcement Officer may, upon affidavit, apply
to the Township Judge for a search warrant setting forth, factually,
the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this chapter exists
on the premises, and if the Township Judge is satisfied as to the
matter set forth in the affidavit, he shall authorize the issuance
of a search warrant permitting access to and inspection of that part
of the premises on which the nuisance or violation may exist. A search
warrant may also be obtained in connection with a general program
of inspection.
[Amended by Ord. No. 15-07]
Whenever the Land Use 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 or she shall give notice of the alleged violation
to the person or persons responsible therefor as hereinafter provided.
The 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 or her
agent, or the occupant, as the case may require, provided that the
notice shall be deemed to be properly served upon the owner or agent,
or upon the occupant, if a copy thereof is served upon him or her
personally; or if a copy is sent by registered mail to his or her
last-known address; or if a copy is posted in a conspicuous place
in or about the dwelling affected by the notice; or if he or she is
served with the 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 effect compliance with the provisions
of this chapter and with rules and regulations adopted pursuant thereto.
[Amended by Ord. No. 15-07]
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, provided that
the person shall file in the office of the Township Clerk a written
petition requesting a hearing and setting forth a brief statement
of the grounds therefor within 10 days after the day the notice was
served. Upon receipt of the petition, the Township Committee shall
set a time and place for the hearing and shall give the petitioner
written notice thereof. At the hearing, the petitioner shall be given
an opportunity to be heard and to show why the 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 the ten-day period
if, in its judgment, the petitioner has submitted a good and sufficient
reason for the postponement. After the 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 the 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 the notice is
served. The proceedings at the 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. The 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 in any court
of competent jurisdiction, as provided by the laws of the state. Whenever
the Land Use Enforcement Officer finds that an emergency exists which
requires immediate action to protect the public health or safety,
he or she may, without notice of hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he or she deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom the order is directed shall comply
therewith immediately, but, upon petition to the Township Committee,
shall be afforded a hearing as soon as possible. After the 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 the order in
effect or modify it or revoke it.
[Amended by Ord. No. 15-07]
The Land Use Enforcement Officer is authorized and empowered
to make and adopt such written rules and regulations as they may deem
necessary for the proper enforcement of the provisions of this chapter,
provided that the 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 Land Use Enforcement Officer shall
file a certified copy of all rules and regulations which they may
adopt in their office and in the office of the Clerk of the Township.
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.