[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.
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.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[Added 8-3-1992 by Ord.
No. 1992-6; amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
