[HISTORY: Adopted by the Board of Health of the Township of Cranbury 6-6-2002.
Amendments noted where applicable.]
The Construction Official of the Township of Cranbury, or his duly qualified
designee, be and is hereby designated as the officer to exercise the powers
prescribed by this chapter, and he shall serve in such capacity without any
additional salary.
Pursuant to the provisions of N.J.S.A. 26:3-69.2, the New Jersey State
Housing Code, 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 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.
The Health Officer of the Township of Cranbury 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
Cranbury in order that he may perform his 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 Health Officer of the Township of
Cranbury 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 Health Officer of the Township of Cranbury
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.
Whenever the Health Officer of the Township of Cranbury 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. Such notice shall be put in
writing, shall include a statement of the reasons why it is being issued,
shall allow a reasonable time for the performance of any act it requires and
shall 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.
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 Health Officer, 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 rounds therefor within
10 days after the day the notice was served. Upon receipt of such petition,
the Health Officer of the Township of Cranbury 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 Health Officer
of the Township of Cranbury may postpone the date of the hearing for a reasonable
time beyond such ten-day period if, in his judgment, the petitioner has submitted
a good and sufficient reason for such postponement.
B.
After such hearing, the Health Officer of the Township
of Cranbury shall sustain, modify or withdraw the notice, depending upon his
findings as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with. If the Health
Officer of the Township of Cranbury 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.
C.
The proceedings at such hearing, including the findings
and decision of the Health Officer of the Township of Cranbury, 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 Health Officer of the Township of Cranbury may seek relief
therefrom in any court or competent jurisdiction, as provided by the laws
of the state.
D.
Whenever the Health 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 Health
Officer, shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied with,
the Health Officer shall continue such order in effect or modify it or revoke
it.
The Health Officer of the Township of Cranbury 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 Health Officer 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 Cranbury.
Nothing in this chapter nor in any section thereof nor in the New Jersey
State Housing Code hereby adopted shall be construed to require structural
alterations of the foundation or any of the wall or ceiling beams of any dwelling
in existence on the date of adoption hereof.
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.
Anything to the contrary contained herein notwithstanding, the provisions
of this chapter shall not be deemed to affect any dwellings, dwelling units
or rooming units in existence on the date of final adoption of this chapter
until a date three years thereafter, at which time said chapter shall become
effective as to said existing dwellings, dwelling units or rooming units.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be punishable by a fine of not more
than $500 nor less than $5.
