[HISTORY: Adopted by the Township Committee of the Township of Hampton
4-12-1966. Amendments noted where applicable.]
[Added 12-11-1979; amended 1-25-1983]
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1 et
seq.), 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 the fitness of a building for human habitation or occupancy
or use. A copy of the New Jersey State 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 them.
[Amended 12-11-1979]
Said code established and adopted by this chapter is described and commonly
known as the "New Jersey State Housing Code."
A.
Word usage. When not inconsistent with the context, words
used in the present tense include the future; words in the plural number include
the singular number, and vice versa; the word "shall" is always mandatory
and not merely directory.
B.
APPROVED
BASEMENT
BOARDINGHOUSE
DWELLING
DWELLING UNIT
FLOOR AREA
HABITABLE ROOM
LODGING HOUSE
LODGING UNIT
OCCUPANT
OWNER
PLUMBING FIXTURES
Definitions. For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning given herein:
Approved in accordance with the regulations promulgated by the Board
of Health or the Health Officer.
A portion of any dwelling located partly underground where the floor
level thereof is lower than 3 1/2 feet below the average grade of the
ground adjacent thereto and within 15 feet outward from the exterior walls
thereof.
Any dwelling, whether furnished or unfurnished, with one or more
independent lodging units, in which there are sleeping accommodations occupied
by, or available for occupancy by, four or more persons and where meals are
regularly served by the owner or operator of said dwelling.
A building, structure or enclosure which is wholly or partly intended
to be used for living or sleeping by human occupants.
A room or group of rooms located within a dwelling and forming a
single habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating.
The square area of a habitable room measured from the interior walls,
excluding that part of any room where the ceiling is less than five feet from
the floor.
A room or enclosed floor space within a dwelling unit used or designed
to be used for living, sleeping or eating purposes, excluding bathrooms, water
closet compartments, laundries, pantries, foyers or communicating corridors,
closets and storage spaces.
A building or that part of any building containing one or more lodging
units, each of which is rented by one or more persons not related to the owner.
A rented room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or a group of persons living
together or by a person living alone within a building.
Any person or persons in actual possession of and living in the building
or dwelling unit, including the owner.
Any person properly authorized to exercise the power of or for any
owner of property for purposes of its purchase, sale, use, occupancy or maintenance.
Includes all installed receptacles or devices which are supplied
with water or which receive or discharge liquid waste or sewage into the drainage
system with which they are directly or indirectly connected.
[Added 12-11-1979]
A.
Section 8, Heating Equipment, of the Housing Code is
amended to read as follows:
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8.1
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Every dwelling occupied between October 1 and May 1 or any portion of
such time shall have heating facilities which are properly installed, maintained
in good and safe working condition and are capable of safely and adequately
heating all habitable rooms, bathrooms and water closet compartments located
therein to a temperature of at least 70° F. when the outside temperature
is 0° F. The temperature shall be read at a height of three feet above
floor level at the center of the room.
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8.2
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Every space heater, except electrical and those permitted and used in accordance with Chapter 64 of this Code, shall be properly vented to a chimney or duct leading to the outdoors. Unvented portable heaters burning solid, liquid or gaseous fuels shall be prohibited, except those permitted and used in accordance with Chapter 64 of this Code.
[Amended 12-5-1983] |
B.
Section 12, Responsibilities of Owners and Occupants,
of the Housing Code is amended by adding the following:
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12.17 No person, firm, partnership, association, corporation or the
like shall rent or lease or suffer or allow any person or persons, except
members of the family, to life in or occupy as a tenant any room, dwelling,
apartment or the like except if the same is part of a motel or hotel, unless
a certificate of occupancy is obtained from the Sanitary Inspector after an
inspection thereof, certifying the said room, dwelling, apartment or the like
is fit for human habitation and is in compliance with all applicable federal
and state laws and ordinances of the township.
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C.
The Housing Code is amended to add the following section
which will be known as "Section 14, Compliance, Violations and Penalties."
[Amended 4-30-1996]
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14.1 Enforcing Officer. The Health Inspector of the Township of Hampton
be and is hereby designated as the Officer to exercise the powers prescribed
by the within ordinance, and he shall serve in such capacity without any additional
salary.
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14.2 Conditions Determining Unfit Status. For the purpose of the
within ordinance, the Health Inspector may determine that a dwelling is unfit
for human habitation if he finds that conditions exist in such dwelling which
are dangerous or injurious to the health or safety of the occupants of such
dwelling, the occupants of neighboring dwellings or other residents of the
Township of Hampton. 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 or uncleanliness.
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14.3 Filing of Complaint. Whenever a petition is filed with the
Secretary of the Board of Health by a public authority as defined in N.J.S.A
40:48-2.4, or by at least five residents of the municipality, charging that
any individual dwelling is unfit for human habitation as herein defined, or
whenever it appears to the Health Inspector (on his own motion) that any dwelling
is unfit for human habitation as herein defined, he shall, if his preliminary
investigation discloses a basis for such charges, issue and cause to be served
upon the owner of and parties in interest in such dwelling a complaint stating
the charges in that respect and containing a notice that a hearing shall be
held before the Board of Health, at a place therein fixed, not less than ten
days nor more than thirty days after the serving of said complaint; that the
owner and parties in interest shall be given the right to file an answer to
the complaint and to appear in person, or otherwise, and give testimony at
the time and place fixed in the complaint; and that the rules of evidence
prevailing in courts of law or equity shall not be controlling in hearing
before the Board of Health.
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14.4 Determination by Board of Health. If, after such notice and
hearing, the Board of Health determines that the dwelling under consideration
is unfit for human habitation, as herein defined, it shall state, in writing,
its findings of fact in support of such determination and shall issue and
cause to be served upon the owner thereof and parties in interest an order
requiring:
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(a)
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The repair, alteration or improvement of the said building to be made
by the owner, within a reasonable time, which time shall be set forth in the
order or at the option of the owner to vacate or to have said building vacated
and closed within the time set forth in the order.
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(b)
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If the building is in such a condition as to make it dangerous to the
health and safety of persons on or near the premises and the owner fails to
repair, alter or improve the said building within the time specified in the
order, that the owner remove or demolish the said building within a reasonable
time as specified in the said order of removal.
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(c)
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That, if the owner fails to comply with an order to repair, alter or
improve or, at the option of the owner, to vacate and close the building,
the Health Inspector may cause such building to be repaired, altered or improved,
or to be vacated and closed; that the Health Inspector may cause to be posted,
on the main entrance of any building so closed, a card with the following
words: "This building is unfit for human habitation or occupancy or use; the
use or occupation of this building is prohibited and unlawful."
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(d)
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That, if the owner fails to comply with an order to remove or demolish
the building, the Health Inspector may cause such building to be removed or
demolished or may contract for the removal or demolition thereof after advertisement
for, and receipt of, bids therefor.
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(e)
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That the amount of the cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of any proceeding
taken under this ordinance determined in favor of the municipality, and the
cost of such repairs, alterations or improvements or vacating and closing,
or removal or demolition, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials derived
from such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by the Health Inspector,
he shall sell the materials of such building. There shall be credited, against
the cost of the removal or demolition thereof, the process of any sale of
such materials or any sum derived from any contract for the removal or demolition
of the building. If there are no such credits or if the sum total of such
costs exceeds the total of such credits, a detailed statement of the aforesaid
costs and the amount so due shall be filed with the Municipal Tax Assessor
or other custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by certified mail. If the total of the credits
exceed such costs, the balance remaining shall be deposited in the Superior
Court by the Health Inspector, shall be secured in such manner as may be directed
by such Court and shall be disbursed according to the order or judgment of
the Court to the persons found to be entitled thereto by final order or judgment
of such Court; provided, however, that nothing in this section shall be construed
to impair or limit in any way the power of the municipality to define and
declare nuisances and to cause their removal or abatement, by summary proceedings
or otherwise. Any owner or party in interest may, within 60 days from the
date of the filing of the lien certificate, proceed in a summary manner in
the Superior Court to contest the reasonableness of the amount or the accuracy
of the costs set forth in the municipal lien certificate.
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14.5 Service of Complaint and Order. Complaints or orders issued
by the Board of Health, pursuant to this ordinance shall be served upon persons
either personally or by certified mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by said Health Inspector in
the exercise of reasonable diligence, and the said Health Inspector shall
make an affidavit to that effect, then the serving of such complaint or order
upon such persons may be made by publishing the same once each week for two
successive weeks in a newspaper circulating in the Township of Hampton. A
copy of such complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order, and a copy of such complaint
or order shall be duly recorded or lodged for record in the Sussex County
Clerk's office.
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14.6 Power of Enforcing Officer. The Health Inspector is hereby
authorized and empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purpose and provisions of this ordinance,
including the following in addition to others herein granted:
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(a)
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To investigate the dwelling conditions in the Township of Hampton in
order to determine which dwellings therein are unfit for human habitation.
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(b)
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To administer oaths and affirmations, examine witnesses and receive
evidence.
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(c)
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To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least possible
inconvenience to the persons in possession.
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(d)
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To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this ordinance.
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(e)
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To delegate any of his functions and powers under this ordinance to
such officers and agents as he may designate.
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14.7 The Board of Health is hereby authorized and empowered to
make and adopt such written rules and regulations as it 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 Board of Health shall file a certified copy of all rules and
regulations which it may adopt in its office and in the office of the Clerk
of the Township of Hampton.
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[Amended 4-30-1996]
No person shall occupy as owner-occupant, or rent to another for occupancy,
or permit to be occupied, 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.
A.
This section shall be binding only upon dwellings occupied
after the date of enactment of this chapter, and upon all lodging houses,
boardinghouses and multiple dwelling units, whether presently occupied or
to be occupied, from the date of enactment.
[Amended 4-30-1974]
B.
Every dwelling unit and lodging house shall be provided
with a safe supply of potable water meeting the standards set forth in Potable
Water Standards as published by the New Jersey State Department of Health,
and the source of such supply shall be approved by the New Jersey State Department
of Health or the Township Board of Health.[1] Every kitchen sink, lavatory, bathtub or shower required by this
chapter shall be connected to both hot and cold water lines. The hot water
lines shall be connected with supplied water-heating facilities which are
installed and maintained in good and safe working condition and which are
capable of delivering water at a minimum temperature of not less than 120�
F. even when the heating facilities required by this chapter are not in operation.
The minimum rate of flow of hot or cold water issuing from a faucet or a fixture
shall not be less than one gallon per minute.
A.
This section shall be binding only upon dwellings occupied
after the date of enactment of this chapter, and upon all lodging houses,
boardinghouses and multiple dwelling units, whether presently occupied or
to be occupied, from the date of enactment.
[Amended 4-30-1974]
B.
Every dwelling unit shall contain a kitchen sink of nonabsorbent,
impervious material, at least one flush-type water closet, a lavatory and
a bathtub or shower, available only for the use of the occupants of that dwelling
unit.
C.
Every lodging house shall be provided with a minimum
of one flush-type water closet, lavatory and bathtub or shower for every eight
persons or fraction thereof in occupancy, including the owner and the members
of his family.
D.
Every water closet, lavatory and bathtub or shower required
hereby shall be accessible from within the building without passing through
any part of any other dwelling unit or lodging unit, and in a lodging house,
shall be located not further than one floor above or below the lodging units
served. These facilities shall be located in a room or rooms which are separated
from all other rooms by walls, doors or partitions that afford privacy.
[1]
Editor's Note: See Ch. 122, Plumbing.
A.
This section shall be binding only upon dwellings occupied
after the date of enactment of this chapter, and upon all lodging houses,
boardinghouses, multiple dwelling units, whether presently occupied or to
be occupied, from the date of enactment.
B.
Where a dwelling is occupied between October 1 and May
1 or any portion of such time, heating facilities which are capable of safely
heating all habitable rooms, bathrooms and water closets therein shall be
installed and maintained in a good and safe working condition. Such heating
facilities shall be installed and maintained so that they are capable of heating
the interior of such rooms so that the temperature at the center of the room
and three feet above the floor is at least 70° F. when the outside temperature
is 0° F.
A.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100 additional
square feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, every room
occupied for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space, and every room occupied for sleeping purposes by more
than one occupant shall contain at least 50 square feet of floor space for
each occupant thereof notwithstanding the foregoing. In every lodging unit
and boardinghouse unit, every room occupied for sleeping purposes by one occupant
shall contain at least 80 square feet of floor space, and every room occupied
by more than one occupant shall contain at least 60 square feet of floor space
for each occupant thereof.
C.
In every dwelling unit, at least 1/2 the floor area of
every habitable room shall have a ceiling height of at least seven feet.
D.
No basement room in a dwelling may be used as a sleeping
room unless the walls and floor thereof in contact with the earth have been
dampproofed in accordance with a method provided by the Township Building
Code[1] or approved by the Health Officer, and provided further that the
windows thereof are at least 15 feet from the nearest building or wall.
[Amended 4-25-1967]
A.
No person, firm, partnership, association, corporation
or the like shall rent or lease, or suffer or allow any person or persons,
except members of the family, to live in or occupy as a tenant, any room,
dwelling, apartment or the like, except if the same is part of a motel or
hotel, unless a certificate of occupancy is obtained from the Health Officer
after an inspection thereof, certifying that said room, dwelling, apartment
or the like is fit for human habitation and is in compliance with all applicable
federal and state laws and ordinances of the township.
B.
Applications for certificates of occupancy shall be made
in writing to the Board of Health and shall state:
(1)
The name, address and principal place of business of
the owner.
(2)
Such description of the room, dwelling, apartment or
the like, by street number or otherwise, as will enable the Health Officer
easily to locate the same.
(3)
The name and address of the principal place of business
of the agent, person, association or corporation, if any, appointed by said
owner for the management of same.
(4)
The number of persons by which the premises are intended
to be occupied.
C.
The owner shall, not more than 30 days before nor more
than 10 days after a tenant removes from and vacates a room, dwelling, apartment
or the like, file with the Board of Health a statement containing the address
of the premises and the number or other specific description of the place
vacated.
D.
No such vacated room, dwelling, apartment or the like
shall be rented or occupied in whole or in part by any new tenant until an
inspection has been made by the Health Officer to determine whether such room,
dwelling, apartment or the like is in violation of any applicable federal
or state law or ordinance of the said township. If no such violation exists,
the Health Officer shall issue a certificate of occupancy; otherwise he shall
notify the owner in writing, setting forth the specific violations existing.
E.
An inspection performed pursuant to Subsection D shall be made and either a certificate of occupancy or a notice of violation shall be issued, as aforesaid, within seven days of application. If said inspection is not accomplished in said seven-day period, the room, dwelling, apartment or the like may be occupied by the new tenant but subject to the right of the township to cause said room, dwelling, apartment or the like to be inspected and, if a violation is found, to cause said premises to be repaired or vacated within 10 days from the date of notice thereof.
F.
A certificate of occupancy issued pursuant to this section
shall be posted in a conspicuous place in the said room, dwelling, apartment
or the like upon the issuance thereof.
G.
The fee for said certificate and inspection shall be
$25, and any reinspection shall cost $10.
[Amended 4-30-1996]
H.
The owner shall only be required to obtain one certificate
of occupancy during any one calendar year; provided, however, that said limitation
shall not apply to any premises in which official complaints have been lodged
with the Health Officer concerning violations of this code since the issuance
of the previous certificate of occupancy.
[Added 9-30-1980]
When the Health Officer determines that any premises which are being
occupied for dwelling purposes or which are covered in any other manner by
this chapter are occupied in violation of this chapter, he shall serve a notice
upon the owner and occupant or occupants of such dwelling, which notice shall
specify a date, not less than 30 days nor more than 60 days from the date
of said notice, when the premises shall be vacated or brought up to the standards
set forth in this chapter. The notice shall specify in what respect the premises
are deficient under the terms hereof. The notice shall be served personally
or by certified mail addressed to the premises in question or to the owner's
address on the tax records.
In the event that the owner or occupant of any such premises contends
that the application of the chapter is unreasonable as applied to the premises
in question or involves excessive hardship, the owner or occupant may file
a notice with the Secretary of the Board of Health requesting a hearing upon
such grievance, within 10 days from the date of the notice issued as provided
under ~ 65-9 above. The Board of Health, upon 10 days' notice to the appellant,
shall grant a hearing to the appellant within 20 days thereafter, at which
time said person shall be obliged to submit any evidence which bears upon
the subject matter of the appeal. Prior to such hearing, the appellant shall
serve upon all persons who own property within 200 feet of the premises affected
five days' notice of the time, place and purpose of the hearing. This notice
may be served personally or by certified mail, mailed to the addresses of
the said owners as reflected by the tax records.
Any person who violates any provision of this chapter shall be liable
to a fine not exceeding $500 or to imprisonment for 90 days, or both, upon
conviction, for each such violation. No complaint shall be made for any violation
which is the subject matter of a notice or an appeal under ~~ 65-9 and 65-10,
during the period allowed for compliance or the determination of an appeal.
Each day that an offense continues shall be considered to be a separate violation.
