[HISTORY: Adopted by the Township Committee
of the Township of Medford 7-18-2011 by Ord. No. 2011-9.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 84,
Housing Standards, adopted 5-6-1964 by Ord. No. 1964-2, as amended.
The Burlington County Health Department be and is hereby designated
as the enforcement officer to exercise the powers prescribed by the
within ordinance, and it shall serve in such capacity without any
additional compensation from the municipality.
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 Medford Township 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 same
have been placed on file in the office of the Township Clerk and are
available to all persons desiring to use 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
Medford 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 and 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 dwellings, 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.Â
Violation; notice. 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 a) be put in writing; b) include a statement of
reasons why it is being issued; c) allow a reasonable time for the
performance of any act it requires; and d) be served upon the owner
or his agent to 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.Â
Appeal process. Any person affected by a 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 therefore within 10 days after the day the
notice was served. Upon receipt of such petition, the Township Clerk
shall set a time and place for such hearing and shall give the petitioners
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 then 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. After such hearing, the Township Council
shall sustain, modify, or withdraw the notice, depending upon their
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. 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. 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 this state. Whenever the enforcement officer finds
that an emergency exists which requires immediate action to protect
the public health or safety, they may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as they deem 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 Township
Council, shall be afforded a hearing as soon as possible. After such
hearing and depending upon their 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.
C.Â
The Township Council 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 Council 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 Medford.
No person shall occupy as owner, occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
there 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.
