Pursuant to the provisions of N.J.S.A. 40:49-5.1
et seq. and N.J.S.A. 2A:42-76 et seq., the New Jersey State Housing
Code, as approved by the Departments of Health and Conservation and
Economic Development and filed in the Secretary of State's office,
which was heretofore adopted, is hereby continued as a standard to
be used as a guide in determining whether dwellings in the Township
are safe, sanitary and fit for human habitation and rental. A copy
of the New Jersey State Housing Code is annexed to this chapter, and
three copies have been placed on file in the office of the Municipal
Clerk and are available to all persons desiring to use and examine
the same.
The Construction Official under the Uniform
Construction Code or Housing Inspector of the Township is designated
as the public officer to exercise the powers prescribed by this article
and the State Housing Code. The Housing Inspector shall be under the
supervision and control of the Construction Official.
The Construction Official or Housing Inspector
is authorized and directed to make inspections to determine the condition
of dwellings, dwelling units, rooming units and premises located within
the Township of Ewing 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 or Housing Inspector or his agent is 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 or Housing Inspector 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 article
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this article.
Whenever the Construction Official or Housing
Inspector determines that there are reasonable grounds to believe
that there has been a violation of any provision of this article,
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 written and
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 article and with rules and
regulations adopted pursuant thereto.
The Construction Official or Health Inspector
is authorized and empowered to make and adopt such written rules and
regulations as deemed necessary for the proper enforcement of the
provisions of this article; provided, however, that such rules and
regulations shall not be in conflict with the provisions of this article,
or in anywise alter, amend or supersede any of the provisions thereof.
The Construction Official or Health Inspector shall file a certified
copy of all rules and regulations which are adopted in the Construction
Official's office and in the office of the Municipal Clerk.
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 established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
Pursuant to N.J.S.A. 40:48-2.12 et seq., the
Township has heretofore provided by ordinance for the systematic inspection
of residential multiple-family dwelling units in the Township so as
to identify and correct health, safety and Construction Code violations
on a continuing basis to the end that public health and safety will
be advanced and property values increased. Such regulation is hereby
continued.
As used in this article, the following terms
shall have the meanings indicated:
MUNICIPAL ENFORCING OFFICER
The Construction Official, Health Official, Housing Inspector,
Sanitary Inspector first grade, or an authorized representative; and
the Construction Official shall be the chief administrative enforcement
officer.
OWNER
Any individual, corporation, partnership or other entity
whatsoever owning or managing a residential multifamily dwelling unit.
If a certificate of occupancy has been issued
for a residential multifamily dwelling within one year prior to the
date of the annual inspection, the Township may but is not required
to make an inspection.
Nothing in §
230-11 is intended to limit or restrict the application of the provisions promulgated pursuant to N.J.S.A. 55:13A-1 et seq. of the Laws of New Jersey, entitled "Regulations for Maintenance of Hotels and Multiple Dwellings," as from time to time amended, to the extent that the Regulations for Maintenance of Hotels and Multiple Dwellings Act of the State of New Jersey conflict with the provisions of this article and any other regulation or code now or hereafter adopted by the Township of Ewing.
Fees for inspection shall be as provided in Chapter
172, Fees.