[HISTORY: Adopted by the Township Committee of the Township of Westampton
6-8-2004 by Ord. No. 13-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, weeds and debris — See Ch. 95.
Building construction — See Ch. 99.
Unfit buildings — See Ch. 106.
Fire prevention — See Ch. 128.
Land use procedures — See Ch. 149.
Licenses and permits — See Ch. 152.
Property maintenance — See Ch. 180.
Sewers — See Ch. 192.
Solid waste — See Ch. 206.
Subdivision of land — See Ch. 215.
Zoning — See Ch. 250.
Nuisances — See Ch. 256.
The Burlington County Health Department be and is hereby designated
as the enforcement officer to exercise the powers prescribed by the within
chapter, and they shall serve in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (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 whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. 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 Westampton Township Clerk and are available to all persons desiring to use and examine the same.
The enforcement officer is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units, and
premises located within the Township of Westampton in order that they may
perform their 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 enforcement officer 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, rooming
unit, or the person in charge thereof, shall give the enforcement 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. 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.
A.
Whenever the enforcement 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, they
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 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 posted certified mail to his last known address; or if a copy thereof is
posted in a conspicuous place in or about the dwelling affected by this 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 affect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto.
B.
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 Burlington County Health Department,
provided such person shall file, in the office of the Burlington County Health
Department, 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 Burlington County Health Department
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 Burlington County Health Department 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. After such hearing, the Burlington County Health Department
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 Burlington County
Health Department 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 Burlington County Health Department within 10 days after such notice
is served. The proceedings at such hearing, including the findings and decision
of the Burlington County Health Department, shall be summarized, reduced to
writing, and entered as a matter of public record in the office of the Burlington
County Health Department. 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 Burlington County Health Department may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of this state.
Whenever the enforcement 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 Burlington County Health Department,
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
Burlington County Health Department shall continue such order in effect or
modify it or revoke it.
[Amended 9-12-2006 by Ord. No. 13-2006]
The Township Committee is hereby authorized and empowered to make and
adopt such written rules and regulations as they 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 any way alter, amend, or supersede any of the provisions
thereof. The Township Committee shall file a certified copy of all rules and
regulations, which they may adopt, in their office and in the office of the
Clerk of the Township of Westampton.
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 (1980 Revision),
established hereby as the standard to be used in determining whether a dwelling
is safe, sanitary and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not to exceed
$500 or by imprisonment in the county jail for such period of time 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.
