Township of Lumberton, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-17-1973 by Ord. No. 1973-19 as part of Ch. XII of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 121.

§ 168-1 Adoption of standards by reference.

Pursuant to the provisions of N.J.S.A. 40:49-5.1, or any amendments or supplements thereto, 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 off Ice, is hereby accepted, adopted and established 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. The provisions of this code shall be deemed to be incorporated by reference in this chapter as if set forth at length herein.

§ 168-2 Copies available.

Three copies of the New Jersey State Housing Code shall be on file in the office of the Township Clerk/Administrator for the use and examination of the public.

§ 168-3 Conformity to code required.

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.

§ 168-4 Enforcing officer.

[Amended 8-21-1989 by Ord. No. 1989-11]
The Burlington County Health Department shall be the officer to exercise the powers prescribed by this chapter, and it shall serve in such capacity without any additional salary.

§ 168-5 Inspections; right of entry.

[Amended 8-21-1989 by Ord. No. 1989-11]
A. 
The Burlington County Health Department is authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the township in order that it may perform its duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, Burlington County Health Department is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises.
B. 
The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the Burlington County Health Department 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.
C. 
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.

§ 168-6 Notice of violation.

[Amended 8-21-1989 by Ord No. 1989-11]
A. 
Whenever the Burlington County Health Department determines that there are reasonable grounds to believe that there has been a violation of this chapter or any rule or regulation adopted pursuant thereto, it shall give notice of the alleged violation to the person responsible therefor as hereinafter provided.
B. 
The notice shall:
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
Be served upon the owner, his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, agent or occupant if a copy thereof is served upon him personally, 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.
C. 
The 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.

§ 168-7 Hearing.

[Amended 8-21-1989 by Ord. No. 1989-11]
A. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Burlington County Health Department, provided that such person shall file in the office of the Township Clerk/Administrator 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. 
Upon receipt of such petition, the Burlington County Health Department 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 show why such notice should be modified or withdrawn.
C. 
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 Burlington County Health Department may postpone the date of the hearing for a reasonable time beyond the ten-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
D. 
After the hearing, the Burlington County Health Department 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 Burlington County Health Department sustains or modifies the notice, it shall be deemed to be an order.
E. 
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/Administrator within 10 days after such notice is served.
F. 
The proceedings at the hearing, including the findings and decision of the Burlington County Health Department, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk/Administrator. The record shall also include a copy of every notice or order issued in connection with the matter.
G. 
Any person aggrieved by the decision of the Burlington County Health Department may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.

§ 168-8 Emergency orders.

[Amended 8-21-1989 by Ord. No. 1989-11]
A. 
Whenever the Burlington County Health Department 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.
B. 
Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Burlington County Health Department, 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 the rules and regulations adopted pursuant thereto have been complied with, the Burlington County Health Department shall continue such order in effect, modify it or revoke it.

§ 168-9 Adoption of additional rules and regulations.

[Amended 8-21-1989 by Ord. No. 1989-11]
The Burlington County Health Department is 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 that such rules and regulations shall not conflict with the provisions of this chapter nor in any way alter, amend or supersede any of the provisions thereof. The Burlington County Health Department shall file a certified copy of all rules and regulations which it may adopt in its office and in the office of the Township Clerk/ Administrator.

§ 168-10 Violations and penalties. [1]

A. 
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
B. 
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
D. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.