[HISTORY: Adopted by the Board of Health of the Township of Hampton
8-6-1969. Amendments noted where applicable.]
The Health Officer of the Township of Hampton 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.
[Amended 11-17-1992]
Pursuant to the provisions of Chapter 188, P.L. 1959 (N.J.S.A. 26:3-69.1
through 26:3-69.6), and the powers vested in the Board of Health under N.J.S.A.
26:3-1 et seq., the Private Campgrounds Code as approved and set forth in
the New Jersey Administrative Code as N.J.A.C. 8:22-1.1 et seq. is hereby
accepted, adopted and established, including any amendments and supplements
thereto which may be passed from time to time, as the standard to be used
as a guide in determining whether campground dwellings as well as their facilities,
located in this municipality, are safe, sanitary and fit for human habitation
and rental. A copy of the Private Campgrounds Code is annexed to this chapter,
and three copies of the same have been placed on file in the office of the
Board of Health and are available to all persons desiring to use and examine
the same.
The Health Officer is hereby authorized and directed to make inspections
to determine the condition of camp dwellings, as well as their facilities,
located within the Township of Hampton, in order that he may perform his duty
of safeguarding the health and safety of the occupants of camp dwellings,
as well as their facilities, and of the general public. For the purpose of
making such inspections, the Health Officer is hereby authorized to enter,
examine and survey at all reasonable times all camp dwellings, as well as
their facilities. The owner or occupant of every camp dwelling, as well as
its facilities, or the person in charge thereof, shall give the Health Officer
free access to such camp dwelling, as well as its facilities, at all reasonable
times for the purpose of such inspection, examination and survey. Every occupant
of a camp dwelling shall give the owner thereof or his agent or employee access
to any part of such camp dwelling, as well as its facilities, 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.
A.
Whenever the Health Officer 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:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act
it requires.
(4)
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.
C.
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 Board of Health, provided that such person
shall file in the office of the Board Secretary 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 Secretary 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
Board 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.
C.
After such hearing, the Board shall sustain, modify or
withdraw the notice, depending upon its findings as to whether the provisions
of this chapter and the rules and regulations adopted pursuant thereto have
been complied with. If the Board sustains or modifies such notice, it shall
be deemed to be an order.
D.
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 Board of Health within 10 days after such notice is served.
E.
The proceedings at such hearing, including the findings
and decision of the Board, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Board of Health. Such record
shall also include a copy of every notice or order issued in connection with
the matter.
F.
Any person aggrieved by the decision of the Board may
seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
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 Board of Health he 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
shall continue such order in effect, or modify it, or revoke it.
The Health Officer 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 Hampton.
No person shall occupy as owner-occupant or rent to another for occupancy
any camp dwelling, as well as its facilities, for the purpose of living therein,
which does not conform to the provisions of the Private Campgrounds Code established
hereby as the standard to be used in determining whether a camp dwelling is
safe, sanitary and fit for human habitation.
[Amended 7-16-1974]
Any person who violates any provision of or order promulgated under
this chapter or the code established herein shall, upon conviction thereof,
be liable to a penalty of not less than $5 nor more than $500 for each violation.
Each day a particular violation continues shall constitute a separate offense.
