[HISTORY: Adopted by the Township Committee of the Township of Dennis 5-14-1984 as Ord. No. 84-110. Section 118-1 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The Health Inspector appointed by the Board of Health of the Township of Dennis and the Code Enforcement Officer are hereby designated as the officers to exercise the powers prescribed by this chapter, and they shall serve in such capacity without any additional salary.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code (1980 Revision), as approved by the Department of Community Affairs 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 Sanitary 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 Health Inspector 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 Dennis 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 Health Inspector is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises, provided that the Health Inspector shall have first obtained, in writing, the consent of the owner or occupant of the dwelling, dwelling unit, rooming unit and premises, according to the practice of the court, upon the information and belief of the Health Inspector or any other person with knowledge of the facts that there is in existence in any such: dwelling, dwelling unit, rooming unit or premises a condition which constitutes a violation of this chapter or any rule, regulation or order adopted pursuant hereto.
C. 
The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof who has given written consent, as aforesaid, shall give the Health Inspector 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.
D. 
A search warrant shall be directed to the Health Inspector or any police officer of the Township of Dennis, and the owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof who has not given written consent, as aforesaid, and in connection with which a search warrant has been issued shall give the Health Inspector and any accompanying police officer of the Township of Dennis 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 to the extent authorized by said search warrant.
E. 
Every occupant of a dwelling or dwelling unit, whether said dwelling has been inspected by consent or by virtue of the authority of a warrant to search, 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 the provisions of any regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
A. 
Whenever the Health Inspector 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 on 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 that, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
A. 
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 that 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.
B. 
Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall give the petitioner written notice thereof.
C. 
At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
D. 
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.
E. 
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.
A. 
Whenever the Health Inspector 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.
B. 
Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
C. 
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 Health Inspector 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 any way alter, amend or supersede any of the provisions thereof. The Health Inspector shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the Township of Dennis.
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 (1980 Revision) established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.[1]
[1]
Editor's Note: Former Section VII, which provided penalties for violations of this chapter and which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. For current provisions regarding violations and penalties, see § 1-9 of Ch. 1, General Provisions.