[HISTORY: Adopted by the Township Council of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 145 of the 1998 Code. Amendments noted where applicable.]
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.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, 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 Municipal Clerk 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 its judgment the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Board sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Township Municipal Clerk within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Municipal Clerk within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Municipal 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 Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
Whenever the Construction Official or Housing Inspector 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 article, 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 article and of the rules and regulations adopted pursuant thereto have been complied with, the Board shall continue such order in effect or modify it or revoke it.
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.
- Any individual, corporation, partnership or other entity whatsoever owning or managing a residential multifamily dwelling unit.
- RESIDENTIAL MULTIFAMILY DWELLING UNIT
- A single living unit contained in a building of one or more stories, which building contains four or more complete living units.
It shall be unlawful for the owner, which includes any corporation, partnership or other form of association of joint ownership, and which includes any person acting as agent for or on behalf of the owner owning a multiple residency consisting of four or more residential units, to fail to comply with the provisions of this article upon the rental or lease (herein inclusively referred to as "rental") of all or any portion of such property.
Any and all fees imposed under this article and any and all penalties imposed shall be charged to the record owner and borne solely by the record owner and shall not be passed on or through, indirectly or directly, to any tenant.
The municipal enforcing officer shall conduct annual inspections of all residential multiple-dwelling units and issue a written certification of inspection, in duplicate, stating that an inspection has been made, specifying any violations of any applicable ordinance, statute or code relating to the premises, including the Building Code, Fire Prevention Code, Electrical Code, Plumbing Code and Housing Code, or if there are no such violations, stating that there are none. Said certificate of inspection shall be issued within 10 working days of the inspection.
Each certificate shall be dated, and a duplicate copy shall be retained by the Construction Official.
Any violation shall be remedied, and such penalties shall be imposed as are provided by law.
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.
In addition to the penalties above, the municipal enforcing officer, or the Township in his name, may institute and prosecute any action in a court of competent jurisdiction to abate hazards to health and safety.
Fees for inspection shall be as provided in Chapter 172, Fees.