[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.