Pursuant to the provisions of Chapter 21, P.L.
1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved
by the Department of Health and Conservation and Economic Development
and filed in the Secretary of State's Office, together with 1980 revisions
thereto, 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.[1] A copy of the 1980 revisions to the New Jersey State Housing
Code is annexed to this article and three copies have been placed
on file in the office of the Board of Health and are available to
all persons desiring to use and examine same.
The Town Health Officer and/or Sanitarian is
hereby designated as the officer to exercise the powers prescribed
by this article, and he shall serve in such capacity without any additional
salary.
The Construction Official will act as the Deputy
Enforcing Officer.
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.
The Health Officer and/or Sanitarian is authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units, and premises located within the Town
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 and/or
Sanitarian 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 and/or Sanitarian 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 article or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
article.
[Amended by Ord. No. 3-97]
A.
Whenever the Health Officer and/or Sanitarian determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this article, 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:
(1)
If the enforcing agency discovers a violation of the
provisions of this act, upon an inspection of the building, structure
or premises, then the enforcing agency shall issue and cause to be
served upon the owner of the building, structure or premises, a written
order requiring the owner to terminate, or cause to be terminated,
the violation. The order shall state the nature of the violation and
a reasonable specified time within which the violation shall be terminated.
The order shall also require the owner to take or cause to be taken
any affirmative action necessary to correct the violation.
(2)
A notice shall not be required to be issued if a violation
occurs, for which a prior notice was issued, for the same violation
of the Building and Housing Code within 12 months. All correspondence
from the municipality will advise all alleged offenders of the notice
provision.
B.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article
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 such person shall file in the Office of the Board of Health
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. Upon receipt of such petition, the Board of Health
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 of Health 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. After such hearing, the Health Officer
and/or Sanitarian shall sustain, modify, or withdraw the notice, depending
upon his findings as to whether the provisions of this article and
of the rules and regulations adopted pursuant thereto have been complied
with. If the Board of Health sustains or modifies such notice, it
shall be deemed to be an order. Any notice served pursuant to this
article 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. The proceeding at such hearing,
including the findings and decision of the Board of Health, 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. Any person aggrieved by the decision of the Board of Health
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state. Whenever the Health Officer
and/or Sanitarian 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 article,
such order shall be effective immediately. Any person to whom such
order is directed shall comply immediately, but upon petition to the
Board of Health shall be afforded a hearing as soon as possible. After
such hearing, depending upon his findings as to whether the provisions
of this article and of the rules and regulations adopted pursuant
thereto have been complied with, the Health Officer and/or Sanitarian
shall continue such order in effect, or modify it, or revoke it.
The Health Officer and/or Sanitarian is 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 article; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this article nor in
any way alter, amend, or supersede any of the provisions thereof.
The Health Officer and/or Sanitarian shall file a certified copy of
all rules and regulations which he may adopt in his office and in
the office of the Board of Health.
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
