[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Rocky Hill 10-1-1973. Amendments noted where
applicable.]
The Health Officer of the Board of Health be
and he 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 11-3-2008 by Ord. No. 5-2008]
Pursuant to the provisions of P.L. 1966, c.
168 (N.J.S.A. 2A:42-74 et seq.), the New Jersey State Housing Code,
as approved by the Department of Community Affairs and promulgated
at N.J.A.C. 5:28-1.1 et seq., 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, except for the following sections of the New Jersey State
Housing Code, which are modified as to their application in the Borough
of Rocky Hill as follows:
A.
N.J.A.C. 5:28-1.9 (a) of the New Jersey State Housing
Code is modified as to its application in the Borough of Rocky Hill
as follows:
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"N.J.A.C. 5:28-1.9 (a). Every dwelling, dwelling
unit, or lodging unit shall have safe and unobstructed means of egress.
Such means of egress shall not be through any other dwelling unit
or part thereof except a ground-floor living room which also serves
as a stair hall and shall lead to a safe and open space at ground
level accessible to a street."
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B.
N.J.A.C. 5:28-1.10 (f) is modified as to its application
in the Borough of Rocky Hill as follows:
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"N.J.A.C. 5:28-1.10 (f). Every dwelling shall
be free from rodents, vermin and insects. Rodent or vermin extermination
and rodentproofing and verminproofing may be required by the Board
of Health. Rodent and vermin extermination shall be carried out in
accordance with N.J.A.C. 5:28-1.12 (k). Every openable window, exterior
door, skylight, and other opening to the outdoors shall be supplied
with properly fitting screens in good repair from May 1 until October
1 of each year. Such screens shall have a mesh of not less than No.
16. Exceptions: Screens shall not be required where other approved
means, such as air-conditioning, air curtains, or insect-repellent
fans, are employed.
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C.
"N.J.A.C 5:28-1.11 (b) is modified as to its application
in the Borough of Rocky Hill as follows:
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"N.J.A.C 5:28-1.11 (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, every
room occupied for sleeping purposes by more than one occupant shall
contain at least 60 square feet of floor space for each occupant thereof."
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D.
N.J.A.C 5:28-1.11 (c) is modified as to its application
in the Borough of Rocky Hill as follows:
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"N.J.A.C 5:28-1.11(c). At least 1/2 of the floor
area of every habitable room shall have a ceiling height of at least
seven feet. The floor area of any part of any room where the ceiling
is less than five feet shall not be considered as part of the floor
area in computing the total floor area of the room for the purpose
of determining the maximum permissible occupancy thereof. In any habitable
room existing at the time that this code is adopted and becomes effective,
the floor space of at least 1/2 of the habitable room shall have a
ceiling height of at least six feet, and any portion of the floor
space for which the ceiling height is less than six feet shall not
be considered as part of the floor area in computing the total floor
area of the room for the purpose of determining the maximum permissible
occupancy thereof."
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[Amended 11-3-2008 by Ord. No. 5-2008]
A copy of the New Jersey State Housing Code
is promulgated at N.J.A.C. 5:28-1.1 et seq.
A.
The Health Officer 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 Rocky
Hill in order that he may perform his duty of safeguarding the health
and safety of the occupants of dwellings and of the general public.
B.
For the purpose of making such inspections the Health
Officer is hereby authorized to enter upon premises in such manner
as to cause the least possible inconvenience to the persons in possession
thereof. The owner or occupant of every dwelling, dwelling unit, and
rooming unit, or the person in charge thereof, shall give the Health
Officer 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.
C.
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 ordinance
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this ordinance.
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.
Such notice shall be put in writing, include a statement of the reasons
why it is being issued, allow a reasonable time for the performance
of any act it requires, and 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. 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.
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 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.
A.
After such hearing the Board of Health shall sustain,
modify, or withdraw the notice, depending upon his findings as to
whether the provisions of this chapter 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 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.
B.
The proceedings 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.
C.
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.
D.
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 shall be afforded a hearing as soon as possible.
After such hearing, depending upon his findings as to whether the
provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with, the Board of Health 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 Borough of Rocky Hill.
No person shall occupy as owner occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein after having been served with an order issued pursuant to § 110-8 of this chapter relating to such dwelling or dwelling unit and after failure of compliance of such an order, but this section shall not apply to rental or occupancy under a temporary permit issued by a health officer, authorizing rental or occupancy for a specified period for the making of repairs, alterations, and improvements required by such order.
[Amended 11-3-2008 by Ord. No. 5-2008]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article I, General Penalty, herein, 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.
