As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any appurtenances belonging
to or usually enjoyed therewith.
RESIDENTIAL DWELLING
Any building which is wholly or partly used or intended to
be used for living or sleeping quarters by human occupants.
A building shall be deemed unfit for human habitation if conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents. Such conditions may include the following
(without limiting the generality of the foregoing): defects therein
increasing the hazards of fire, accident or other calamities; lack
of adequate ventilation, light or sanitary facilities; dilapidation;
disrepair; structural defects; uncleanliness; and failure to comply
with the requirements of the building code or the certificate of occupancy.
The enforcement official shall use the New Jersey State Housing Code
as a reference in determining habitability.
The enforcement official shall have the authority to exercise
all powers authorized in N.J.S.A. 40:48-2.3 et seq. and all powers
necessary or convenient to carry out and effectuate the purposes and
provisions of that act.
Any person affected by any order issued by the Health Officer
shall be given an opportunity to be heard by the Township Council,
provided that a written request for a hearing is made to the Township
Clerk, and shall specify in detail the reasons why the person affected
believes the order of the Health Officer was not justified. The Township
Council may affirm, modify or revoke the order.
Whenever the Health Officer finds that an emergency exists which
requires immediate action to protect the public health or safety,
the official 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, but, upon petition to the Township Council, the owner
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 Council shall continue such order in effect
or modify it.