[Amended 7-22-1980; 10-22-1996]
The Construction Code Official of the Township
of Mantua and/or the Mantua Township Board of Health and its authorized
agents and representatives are each designated and given coincident,
collateral and parallel authority to act either together or separately
as each entity in its discretion deems advisable to exercise the powers
and duties prescribed by this chapter. Each of the Construction Code
Official and the Board of Health of the Township of Mantua and their
authorized agents and representatives shall be referred to herein
as the "enforcing authority." Such term shall be construed throughout
to apply to each of such entities whether the actions taken are exercised
by the Construction Code Official or the Board of Health jointly or
separately in enforcing the provisions of this chapter.
Pursuant to the provisions of P.L. 1946, c.
21 (N.J.S.A. 40:49-5.1), 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 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 is annexed to this chapter, and three copies of the same have
been placed on file in the office of the Township Clerk and are available
to all persons desiring to use and examine the same.
[Amended 7-22-1980; 10-22-1996]
The enforcing authority 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 Mantua in order that it may perform the 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 Enforcing
Authority 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 and
rooming unit or the person in charge thereof shall give the Enforcing
Authority free access to such dwelling, dwelling unit or rooming unit
and its premises at all reasonable times for the purpose of such inspection,
examination or 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.
[Amended 7-22-1980; 10-22-1996]
A. Whenever the enforcing authority 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, he shall give notice of such alleged violation to
the person or persons responsible therefor as hereinafter provided.
(1) Such notice shall:
(b)
Include a statement of the reasons why it is
being issued.
(c)
Allow a reasonable time for the performance
of any act it requires.
(d)
Be served upon the owner or his agent or upon
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.
(2) Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto.
B. Hearing.
(1) 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 Enforcing
Authority, provided that such person shall file in the office of the
Enforcing Authority giving such notice a written petition requesting
such hearing and setting forth a brief statement of the grounds thereof
within 10 days after the day the notice was served. Upon receipt of
such petition, the Enforcing Authority shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
(2) 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 is filed, provided that upon application
of the petitioner the Enforcing Authority 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.
(3) After such hearing, the Enforcing Authority 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
enforcing authority 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 enforcing authority within 10 days
after such notice is served.
(4) The proceedings at such hearing, including the findings
and decision of the enforcing authority, shall be summarized, reducing
to writing and entered as a matter of public record in the office
of the enforcing authority. Such record shall also include a copy
of every notice or order issued in connection with the matter.
(5) Any person aggrieved by the decision of the enforcing
authority may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state.
C. Whenever the enforcing authority finds that an emergency
exists which requires immediate action to protect the public health
or safety, it may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as it 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 enforcing authority,
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 enforcing authority shall continue such order in
effect or modify it or revoke it.
[Amended 7-22-1980; 10-22-1996]
The enforcing authority is hereby authorized
and empowered to make and adopt such written rules and regulations
as it 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 anywise
alter, amend or supersede any of the provisions thereof. The enforcing
authority shall file a certified copy of all rules and regulations
which it may adopt in this office and in the office of the Township
Clerk of the Township of Mantua.
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.
[Added 7-22-1980; amended 4-6-2020 by Ord. No. O-2-2020]
A. Housing certificates shall hereafter be required for human habitation
of all existing dwelling units in the Township of Mantua before a
change in occupancy of any such unit may be effected.
B. For the purpose of §§
217-7 through
217-11 of this chapter, "existing dwelling units" shall mean any building or structure presently used or used hereafter for habitation of any human beings, whether the same are occupied by an owner or tenant or occupied on any other basis.
C. The housing certificate required herein does not repeal or amend
requirements for certificates of occupancy when required by ordinance
of Mantua Township or statutes of the State of New Jersey.
[Added 7-22-1980; amended 10-22-1996; 6-7-2010 by Ord. No. O-08-2010; 4-6-2020 by Ord. No. O-2-2020]
A. Application for a housing certificate for change in occupancy shall
be made to the enforcing authority of this Township on a form provided
by said enforcing authority.
B. The owner of each dwelling unit subject to §§
217-7 through
217-11 of this chapter is hereby charged with the responsibility for making written application to the enforcing authority for a housing certificate. In the event that a change of occupancy is also accompanied by a change of ownership of a dwelling unit, the buyer of such dwelling unit may waive the seller's responsibility and assume the same; provided, however, that such waiver shall be in writing and shall state that the buyer is fully aware that he, she or it is assuming all responsibility for obtaining a housing certificate pursuant to this chapter, and provided further that such written waiver shall be filed with the enforcing authority.
C. Application to the enforcing authority shall be accompanied by a
fee of $90.
[Amended 3-13-2023 by Ord. No. O-1-2023]
D. The enforcing authority shall, within 10 working days of the receipt
of a fully completed application for a housing certificate and the
accompanying fee, make such inspections as are required herein and,
upon determining that the requirements herein have been complied with,
issue a housing certificate.
E. There shall be no fee for the first reinspection of the property
and a $30 fee for the second reinspection of the property.
[Amended 3-13-2023 by Ord. No. O-1-2023]
[Added 7-22-1980; amended 9-8-1981; 5-13-1986; 10-22-1996; 4-6-2020 by Ord. No. O-2-2020]
A. If, upon the inspection or inspections aforesaid, the enforcing authority
finds that the subject dwelling is not in compliance, said official
or its representative shall, within three working days, notify the
applicant in writing of such noncompliance, specifically setting forth
the violation or violations which require correction.
B. Upon correction of the violation or violations, the applicant shall
notify the enforcing authority in writing and shall submit a reinspection
fee of $30 with such notification. The enforcing authority shall reinspect
the dwelling within five working days of receipt of such notification
and reinspection fee. This procedure shall be followed until all violations
have been corrected, at which time a housing certificate shall issue.
C. The enforcing authority may issue a temporary housing certificate
for a period not to exceed three months to a purchaser of an existing
home, provided that:
(1) Only the purchaser and his family shall occupy such home during the
course of repairs.
(2) The violations cited by the enforcing authority do not, in its opinion,
present serious health or safety hazards to the occupants of the dwelling
during the course of repairs.
D. Failure to correct the violations and to request a reinspection prior
to the expiration of a temporary housing certificate shall constitute
a violation of this chapter and subject the violator to the same penalty
provided for failure to obtain a housing certificate.
[Added 7-22-1980; 10-22-1996]
The enforcing authority shall furnish copies
of all regulations referred to herein to any person for a fee not
to exceed $3.
[Amended 4-25-1978; 4-25-1989]
A. Any person, entity or corporation who or which violates
any provision of this chapter shall, upon conviction thereof, be punishable
by one or more of the following: imprisonment in the county jail or
any place provided by the municipality for the detention of prisoners
for a term up to but not exceeding 90 days or by fines of not less
than $100 and not more than $2,000 or by a period of community service
up to but not exceeding 90 days, or any combination of the above.
[Amended 4-6-2020 by Ord. No. O-2-2020]
B. Each day that a violation exists, occurs or continues
shall constitute a separate offense for the purpose of imposing the
penalties referred to above.
[Added 8-14-1979; amended 7-22-1980; 10-22-1996]
Whenever any property with respect to which
an order has been issued by the enforcing authority has not been repaired
or altered within 30 days of the date of said order by the enforcing
authority, the enforcing authority is empowered to declare the same
a public nuisance and empowered to effect the repairs or alterations
required in order to render the property habitable or, if the cost
of said alterations or repairs exceeds the value of the property,
to order the property demolished, and the cost of the alterations
and/or repairs and/or demolition shall forthwith become a lien upon
the lands and/or property and shall be collected in the same manner
and for the same officers as in the case of unpaid taxes and shall
bear interest at the same rate or rates as unpaid taxes.
[Added 7-22-1980]
All other ordinances and parts of ordinances
in conflict or inconsistent with this chapter are hereby repealed,
but only to the extent of such conflict or inconsistency, and this
chapter shall be in full force and effect immediately upon its adoption
and its publication, as provided by law, except for the New Jersey
State Uniform Construction Code. The regulations of the New Jersey
State Uniform Construction Code shall control in the event of a conflict
between its provisions and that of the New Jersey State Housing Code,
and the provisions of said Housing Code are hereby repealed to the
extent of any such inconsistency with the New Jersey State Uniform
Construction Code.
The provisions of this article shall constitute
the standards to guide the Public Officer or his agents in determining
the fitness of a building for human habitation, use or occupancy.
The words, terms or phrases listed below, for
the purpose of this chapter, shall be defined and interpreted as follows:
ADMINISTRATIVE AUTHORITY
The department, branch or agency of this municipality which is authorized by Article
I of this chapter to administer the provisions of this chapter.
BUILDING
Any building or structure or part thereof used for human
habitation, use or occupancy, including any accessory buildings and
appurtenance belonging thereto or usually enjoyed therewith.
DWELLING
A building or structure or part thereof containing one or
more dwelling units or lodging units.
DWELLING UNIT
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking and
eating.
GARBAGE
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage spaces.
INFESTATIONS
The presence, within or around a building, of any insects,
rodents or other pests.
LODGING HOUSE
Any building or that part of any building containing one
or more lodging units, each of which is rented by one or more persons
not related to the owner.
LODGING UNIT
A rented room or group of rooms within a building, containing
no cooking facilities and used for living purposes by a separate family
or group of persons living together or by a person living alone.
OCCUPANT
Any person or persons in actual possession of and living
in a building or dwelling unit, including the owner.
OWNER
Any person properly authorized to exercise powers of or for
an owner of property for purposes of its purchase, sale, use, occupancy
or maintenance.
PERSON
As defined in N.J.S.A. 1:1-2.
PLUMBING FIXTURES
Includes all installed receptacles or devices which are supplied
with water or which receive or discharge liquid waste or sewage into
the drainage system with which they are directly or indirectly connected.
PUBLIC OFFICER
The officer or officers who are authorized by Article
I of this chapter to exercise powers prescribed by this chapter.
RUBBISH
Includes all combustible and noncombustible waste material,
except garbage.
UTILITIES
Includes electric, gas, heating, water and sewerage services
and equipment therefor.