Township of Manalapan, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Manalapan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 78.
Fire prevention — See Ch. 110.
Property maintenance — See Ch. 176.
Garbage disposal — See Ch. 198, Art. I.
Littering — See Ch. 139.
Abandoned refrigerators — See Ch. 180.
Nuisances — See Ch. 261.
[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]
A. 
The fee for continued certificate of occupancy for all dwelling units shall be $110.
B. 
The fee for an extension of time for a continued certificate of occupancy shall be $25.
[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.
C. 
Neither the Construction Code Official nor his representative shall be deemed to be granted any authority under this section to act in any manner inconsistent with the requirements, restrictions or obligations of the Uniform Construction Code, Chapter 23 of the New Jersey Administrative Code.