[HISTORY: Adopted by the Township Committee
of the Township of Mansfield by
Ord. No. 11-78 (§ 8-2 of the 1975 General Ordinances). Amendments
noted where applicable.]
The Construction Official of the Township shall
be and is hereby designated as the public officer to exercise the
powers prescribed by this chapter. The Construction Official shall
serve in such capacity without any additional salary.
Pursuant to the provisions of N.J.S.A. 40:49-5.1
et seq., New Jersey State Housing Code, as set forth in N.J.A.C. 5:28-1.1
et seq., shall be enforced in the Township and be used as a standard
and a guide in determining whether dwellings in this Township are
safe, sanitary and fit for human habitation and rental. A copy of
the New Jersey State Housing Code is on file in the office of the
Township Clerk and shall be available to all persons desiring to use
and examine the same.
A.
The Construction Official shall be authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units, lodging units, and premises located within the Township
in order that (s)he may perform his/her duty of safeguarding the health
and safety of the occupants of dwellings and of the general public.
B.
For the purpose of making such inspections, the Construction
Official shall be authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, lodging units, and premises.
The owner or occupant of every dwelling, dwelling unit, and lodging
unit, or the person in charge thereof, shall give the Construction
Official free access to such dwelling, dwelling unit or lodging 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
chapter or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
A.
Notice.
(1)
Whenever the Construction Official determines that
there are reasonable grounds to believe that there has been a violation
of any provision of this section, 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:
(2)
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.
(3)
Such notice may contain an outline of remedial action
which, if taken, shall affect compliance with the provisions of this
section 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 Construction
Official, provided such person shall file in the office of the Construction
Official 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.
(2)
Upon receipt of such petition, the Construction Official
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 Construction Official 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.
C.
Orders. After such hearing, the Construction Official
shall sustain, modify, or withdraw the notice, depending upon his
findings as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with.
If the Construction Official sustains or modifies such notice, it
shall be deemed to be an order. Any notice served pursuant to this
section shall automatically become an order if a written petition
for a hearing is not filed in the office of the Construction Official
within 10 days after such notice is served. The proceedings at such
hearing, including the findings and decision of the Construction Official
shall be summarized, reduced to writing, and entered as a matter of
public record in the office of the Township Clerk. Such record shall
also include a copy of every notice or order issued in connection
with the matter.
D.
Appeal. Any person aggrieved by the decision of the
Construction Official may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
E.
Emergency orders; appeal.
(1)
Whenever the Construction Official 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 section, such order shall be effective
immediately.
(2)
Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Construction Official
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this section
and of the rules and regulations adopted pursuant thereto have been
complied with, the Construction Official shall continue such order
in effect, or modify it, or revoke it.
The Construction Official is hereby authorized
and empowered to make and adopt such written rules and regulations
as he may deem necessary for the proper enforcement of the provisions
of this section, except that such rules and regulations shall not
be in conflict with the provisions of this section, nor in anywise
alter, amend or supersede any of the provisions thereof. The Construction
Official shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Township
Clerk.
The Construction Official is hereby authorized
and empowered to delegate any other officer of the building department
to aid the Construction Official in the exercise of the powers prescribed
by this section.
No person shall 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 and as modified herein as the standard to
be used in determining whether a dwelling is safe, sanitary and fit
for human habitation.[1]
