[HISTORY: Adopted by the Township Committee
of the Township of Manalapan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 123, Art. I, of the 1993 Code]
In accordance with the provisions of 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 on January 31, 1962, is hereby adopted
as a standard governing supplied utilities and facilities and other
physical things and conditions essential to making dwellings safe,
sanitary and fit for human habitation, occupancy or use and governing
the condition of dwellings. A copy of the New Jersey State Housing
Code is attached to and made a part of this section without the text
being included herein.
Three copies of the New Jersey State Housing
Code have been placed on file in the office of the Township Clerk
and will remain on file there for the use and examination of the public.
The administrative and enforcing authority for
the provisions of this section shall be the Health Officer or Code
Enforcement Officer or his representative.
This article shall constitute the standards
to guide the Health Officer or Code Enforcement Officer in determining
the fitness of any dwelling, dwelling unit, rooming unit or premises
for human habitation, use or occupancy.
The Health Officer or Code Enforcement Officer
may make rules and regulations which interpret or amplify any provision
of this article or for the purpose of making the provisions of this
article more effective. No regulation, however, shall be inconsistent
with or alter or amend any provision of this article, and no regulation
shall impose any requirement which is in addition to or greater than
the requirements that are expressly or by implication imposed by any
provision of this article. Rules and regulations shall be subject
to the same penalty as other violations of this article.
The Health Officer, Code Enforcement Officer
or his agents or employees shall make inspections to determine the
condition of dwellings, dwelling units, rooming units and premises
located within the Township. For the purpose of making inspections,
the Health Officer, Code Enforcement Officer or his agents are authorized
to enter and examine any dwelling, dwelling unit, rooming unit or
premises at such reasonable hours as the circumstances of the case
permit. This section shall not be construed to prohibit the entry
of the Health Officer, Code Enforcement Officer or his agents at any
time when an actual emergency exists which tends to create a danger
to public health or safety or at any time when an inspection is requested
by an owner or occupant.
Upon presentation of proper identification,
the owner, occupant or person in charge of a dwelling, dwelling unit
or rooming unit shall give the Health Officer, Code Enforcement Officer
or his agents free access to the premises for the purpose of inspection
or of making any repairs or alterations which are necessary to effect
compliance with this chapter.
The Health Officer, Code Enforcement Officer
or his agents may, upon affidavit, apply to the Judge of the Municipal
Court of the Township for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this article exists
on the premises, and if the Municipal Judge is satisfied as to the
matter set forth in the affidavit, he shall authorize the issuance
of a search warrant permitting access to and inspection of that part
of the premises on which the nuisance or violation may exist.
A.
Whenever the Health Officer or Code Enforcement Officer
or his representative 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 the alleged violation to the person or persons
responsible therefor as hereinafter provided. 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 or his agent or the occupant,
as the case may require, provided that 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 certified 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.
B.
The 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.
Any person affected by any notice which has been issued
in connection with the enforcement of any provisions 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 Health Officer
or Code Enforcement Officer, provided that such person shall file
in the office of the Health Officer a written petition requesting
a hearing and setting forth a brief statement of the grounds therefor
within 10 days after the day the notice is served. Upon receipt of
the petition, the Health Officer or Code Enforcement Officer shall
set a time and place for the hearing and shall give the petitioner
written notice thereof.
B.
At the hearing, the petitioner shall be given an opportunity
to be heard and to show why the notices should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
in which the petition is filed, provided that, upon application of
the petitioner, the Health Officer, Code Enforcement Officer or his
representative may postpone the date of the hearing for a reasonable
time beyond the ten-day period, if in his judgment the petitioner
has submitted a good and sufficient reason for the postponement.
C.
After the hearing the Health Officer or Code Enforcement
Officer shall sustain, modify or withdraw the notice, depending upon
his findings as to whether the provisions of this article and the
rules and regulations adopted pursuant thereto have been complied
with. If the Health Officer or Code Enforcement Officer sustains or
modifies the 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 Health Officer or Code Enforcement Officer within 10 days after
the notice is served.
D.
The proceedings at the hearings, including the findings
and the decision of the Health Officer or Code Enforcement Officer,
shall be summarized, reduced to writing, and entered as a matter of
public record in the office of the Health Officer or Code Enforcement
Officer. The record shall also include a copy of every notice or order
issued in connection with the matter.
E.
Any person aggrieved by the decision of the Health
Officer or Code Enforcement Officer or his representative may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
F.
Whenever the Health Officer or Code Enforcement Officer
or his representative finds that an emergency exists which requires
immediate action to protect 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.
G.
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 Health Officer or Code Enforcement Officer, 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 Health Officer or Code Enforcement Officer shall continue
such order in effect or modify it or revoke it.
[Adopted 5-10-1995 by Ord. No. 95-11]
[Amended 5-11-2005 by Ord. No. 2005-14]
As used in this article, the following terms
shall have the meanings indicated:
- CERTIFICATE OF CONTINUED OCCUPANCY
- The certificate issued by the Township Construction Code Department serves notice that based on a general inspection of the visible parts of the dwelling or dwelling unit there are no unsafe conditions found and the dwelling is approved for continued occupancy.
- DWELLING UNIT, APARTMENT, LIVING UNIT, or OTHER SIMILAR DESIGNATION
- Any room or group of rooms located within a dwelling or building and forming a single habitable unit, for one or more persons, for the purpose of living, sleeping, cooking and sanitation needs.
- HOUSING INSPECTOR
- A Township code enforcement officer designated by the Township Construction Code Official as the Township Housing Inspector.
- OWNER
- Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
- OCCUPANT
- Any individual living or sleeping in a building, or having possession of a space within a building.
[Amended 5-11-2005 by Ord. No. 2005-14]
A.
No owner of any dwelling or dwelling unit shall rent,
sell, renew the lease of, or otherwise permit occupancy of same or
any part thereof by any person not a member of his/her family unless
he/she shall first obtain a certificate of continued occupancy from
the Construction Code Department of the Township of Manalapan. In
the event of a lease, sale or other occupancy as above described without
the issuance of a certificate of continued occupancy, both the owner
and/or seller and the purchaser and/or lessee shall be deemed to have
violated this section, and the Housing Inspector shall summon such
person or persons before the Municipal Court of the Township without
further notice.
B.
An owner shall make application for a certificate
of continued occupancy in a reasonable time prior to closing of title
on any residential premises. A certificate of continued occupancy
shall be valid 90 days after date of the issuance of the certificate,
after which the certificate will expire. An application for an extension
may be applied for an additional 90 days. A certificate of continued
occupancy shall not be required when there is no change of occupancy.
[Amended 5-11-2005 by Ord. No. 2005-14; 12-3-2008 by Ord. No. 2008-23]
A.
Prior to the issuance of a certificate of continued occupancy, the Housing Inspector shall conduct an inspection of the dwelling unit, residential premises or any other building. The inspection shall be in accordance with the provisions of the International Property Maintenance Code of 2006 or such amendments and additional additions as may from time to time be adopted by the International Code Council and is hereby adopted. Chapter 1, Administration, shall be deleted in its entirety. This code establishing the minimum regulation governing the condition and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and habitation, or use.
B.
A copy of the International Property Maintenance Code
of 2006 or such amendments and additional additions as may from time
to time be adopted by the International Code Council is placed on
file in the office of the Township Construction Code Official and
will remain on file there for the use and examination of the public.
Prior to the issuance of a certificate of continued
occupancy, all units having wells and/or septic systems shall obtain
the necessary approvals from the Department of Health of the Township
of Manalapan.
A.
Any person found violating any provision of this article
shall be subject to a fine for each separate offense not exceeding
$1,000 or imprisonment for a period not exceeding 90 days, or both.
B.
Any person who is found guilty of violating any provision
of this article in connection with the ownership or operation of a
multiple dwelling or apartment house shall be fined a minimum of $50
for each separate offense.[1]
[1]
Editor's Note: Former Subsection C, pertaining
to unfit buildings' notice, which immediately followed this subsection,
was repealed 5-11-2005 by Ord. No. 2005-14.
[Added 10-27-1999 by Ord. No. 99-16;
amended 5-11-2005 by Ord. No. 2005-14; 12-3-2008 by Ord. No. 2008-23]
[Added 5-11-2005 by Ord. No. 2005-14]
A.
The Construction Code Official or his representative
shall have authority, as necessary in the interest of public health,
safety and general welfare, to adopt and promulgate rules and procedure
to interpret and implement the provisions of this article and code;
to secure the intent thereof; and to designate requirements applicable
because of local climatic or other conditions.
B.
Whenever there are practical difficulties involved
in carrying out the provisions of this ordinance or code, the Construction
Code Official or his representative shall have the authority to grant
modifications for individual cases, provided the Code Official shall
first find that the special individual reason makes the strict letter
of this ordinance or code impractical and the modifications are in
compliance with the intent and purpose of the ordinance or code and
that such modifications do not lessen the health and safety requirements.
