[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
The Code Enforcement Officer of the Borough of Lavallette is hereby designated as the officer to exercise the powers prescribed by the within chapter, except where another officer shall specifically be designated by any provisions of this chapter, and he/she shall serve in such capacity without any additional salary.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, 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, subject to the amendments and modifications hereinafter set forth. Three copies of the New Jersey State Housing Code same have been placed on file in the office of the Lavallette Borough Clerk and are available to all persons desiring to use and examine the same.
The following sections or subsections of the New Jersey State Housing Code are hereby amended and modified as follows:
Subsection 4.4 shall be amended to read as follows: "Every plumbing fixture, except outdoor bibs, shall be connected to water and sewer systems approved by the Plumbing Inspector and shall be maintained in good working condition."
[Amended 3-12-2012 by Ord. No. 2012-03 (1102)]
Section 5 is hereby deleted.
Subsection 8.1 is hereby amended to specify that heating facilities as set forth therein shall be required only in dwellings occupied during the period from November 1 through April 30.
Subsection 10.5 shall be amended to read as follows: “Every foundation and floor of a dwelling 30 or more inches above ground level and every wall of a dwelling shall be free from chronic dampness.”
Subsection 10.7 shall be amended to eliminate the second sentence contained in that subsection.
Subsection 12.7 shall be amended to read as follows: “Every occupant of a dwelling unit shall dispose of all his/her garbage and any other organic waste which might provide food for rodents in such manner as may be prescribed by ordinances of the Borough governing garbage disposal.”
Subsection 12.8 shall be amended to read as follows: “Every occupant of a dwelling shall dispose of all his/her rubbish in such a manner as may be prescribed by ordinances of the Borough governing such disposal.”
Subsection 12.13. The following phrase shall be added to the end of Subsection 12.13: “... when such premises are occupied.”
Subsection 12.14 shall be amended to read as follows: “Every owner of a dwelling who permits to be occupied any dwelling or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof shall supply heat during the period from November 1 to April 30 adequate to maintain therein a minimum inside temperature of 65° F. in all habitable rooms, bathrooms and water closet compartments between the hours of 6:00 a.m. and 11:00 p.m. throughout the year.”
Subsection 12.15 shall be amended to read as follows: “In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat during the period from November 1 to April 30 wherever heating facilities are under the control of the owner or whenever two or more dwelling units or lodging units are heated by a common facility.”
The Code Enforcement Officer of the Borough of Lavallette is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Lavallette in order that he/she may perform his/her duty of safeguarding the health and safety of the occupants of dwellings and of the general public. The Plumbing Inspector of the Borough of Lavallette is hereby authorized and directed to make inspections to determine the condition of plumbing facilities, as set forth in Section 4 of the New Jersey State Housing Code, in order that he/she may perform his/her 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 Code Enforcement Officer or the Plumbing Inspector 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 Code Enforcement Officer or Plumbing 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. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his/her 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 any lawful order issued pursuant to the provisions of this chapter.
Whenever the Code Enforcement Officer or Plumbing Inspector determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, he/she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing, include a statement of the reasons why it is being issued, and be served upon the owner or his/her 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/her personally, or if a copy thereof is sent by registered mail to his/her 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/she 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.
The person or persons responsible for any violation of this chapter which, in the judgment of the Code Enforcement Officer (or in the judgment of the Plumbing Inspector in instances of violations relating to plumbing facilities as set forth in Section 4 of the New Jersey State Housing Code), renders the premises unfit for human habitation shall have a period of three days from the date notice is given in the manner set forth above to correct such violation. In such instances, the notice shall specify that the Code Enforcement Officer (or Plumbing Inspector) has determined that the premises are unfit for human habitation and that the person or persons responsible for the violation shall have a period of three days within which to correct such violation.
In the event of violations of this chapter which, in the judgment of the Code Enforcement Officer (or Plumbing Inspector), do not render the premises unfit for human habitation, the person or persons responsible for such violations shall have a period of 30 days from the date notice is given in the manner set forth above to correct such violations.
In the event that there are multiple violations and not all of such violations shall relate to the fitness of the premises for human habitability, the person or persons responsible shall be given a period of three days to correct those violations relating to the fitness of the premises for human habitability and shall further be given a thirty-day period within which to correct those violations not relating to the fitness of the premises for human habitability. The notice given in instances of multiple violations shall state those violations which must be corrected within three days and those violations which must be corrected within 30 days.
No person shall occupy as owner or 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 Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation. No person shall occupy, rent to another for occupancy or permit occupancy of that portion of a garage, whether attached or detached, which is designed for the storage of motor vehicles, as living quarters.
Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.