[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Logan 8-10-1977 by Ord.
No. 7-1977. Amendments noted where applicable.]
The Construction Official of the Township of
Logan 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 6-17-2003 by Ord. No. 12-2003]
Pursuant to the provisions of N.J. S.A. 40:49-5.1,
the 2000 International Property Maintenance Code is hereby accepted,
adopted and established as the standard to be used as a guide in determining
whether dwellings in the Township of Logan are safe, sanitary and
fit for human habitation and rental. A copy of the 2000 International
Property Maintenance 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 Construction Official is hereby authorized
and directed to make inspections to determine the conditions of dwellings,
dwelling units, rooming units and premises located within the Township
of Logan 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 Construction
Official 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 Construction
Official 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.
[Amended 9-4-2018 by Ord.
No. 8-2018]
Notice requirements. Whenever the public officer determines
that there has been or is a violation or that there are reasonable
grounds to believe that there has been or is a violation of any provision
of this chapter, he shall give notice of such violation or alleged
violation to the person or persons responsible therefor. Such notice
shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient for identification.
C.
Specify the violation which exists and the remedial action required.
D.
Specify a reasonable time, not to exceed seven days, in which the
violation or violations shall be abated, corrected or eliminated.
Said seven-day period may be extended for an additional five days
by the public officer for good cause.
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 Township Council;
provided 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 grounds therefor within 10 days after the day the
notice was served.
B.
Upon receipt of such petition the Township Clerk 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.
C.
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 Township Clerk 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.
D.
After such hearing, the Township Council shall sustain,
modify or withdraw the notice, 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. If the Township Council
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.
E.
The proceedings at such hearing, including the findings
and decision of the Township Council, 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.
F.
Any person aggrieved by the decision of the Township
Council may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state.
A.
Whenever the Construction Official 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.
B.
Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Township Council 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 Township Council shall continue such order in effect, or
modify it or revoke it.
A.
The Construction Official 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.
B.
The Construction Official 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 Logan.
[Amended 6-17-2003 by Ord. No. 12-2003]
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 2000 International Property Maintenance Code established hereby
as the standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation.
[Amended 12-7-1985 by Ord. No. 8-1985]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine of not to exceed $1,000 or by imprisonment in the county
jail for a period of not to exceed 90 days, or by both such fine and
imprisonment, and each violation of any of the provisions of this
chapter and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
[Amended 6-17-2003 by Ord. No. 12-2003]
All other ordinances and parts of ordinances
in conflict or inconsistent with this chapter are hereby repealed,
but only to the extent of such conflict or inconsistency, and this
chapter shall be in full force and effect immediately upon its adoption
and its publication, as provided by law, except for the New Jersey
State Uniform Construction Code. The regulations of the New Jersey
State Uniform Construction Code shall control in the event of a conflict
between its provisions and that of the 2000 International Property
Maintenance Code, and the provisions of said Code are hereby repealed
to the extent of any such inconsistency with the New Jersey State
Uniform Construction Code.
