Township of Westampton, NJ
Burlington County
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Table of Contents
Table of Contents
[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.