[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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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:
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.
A single living unit contained in a building of one or more
stories, which building contains four or more complete living units.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
Each certificate shall be dated, and a duplicate copy
shall be retained by the Construction Official.
C.Â
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.
Fees for inspection shall be as provided in Chapter 172, Fees.
