[HISTORY: Adopted by the Township Committee of the Township
of Washington 7-1-1976 by Ord. No. 4-1976. Amendments noted where applicable.]
The Burlington County Health Officer or his representative be
and is hereby designated as the officer to exercise the powers prescribed
by this chapter and shall serve in such capacity without any additional
salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (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 is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this chapter, and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.[1]
[1]
Editor's Note: The New Jersey State Housing Code is N.J.A.C.
5:28-1.1 et seq.
The Burlington County Health Officer or his representative is
hereby authorized and directed to make inspections to determine the
condition of dwellings, dwelling units, rooming units and premises
located within the Township of Washington in order that he may perform
his duty of safeguarding the health and safety of the occupants of
dwellings and of the general public. For the purpose of making such
inspections, the Burlington County Health Officer or his representative
is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units, and premises.
The owner or occupant of every dwelling, dwelling unit and rooming
unit, or the person in charge thereof, shall give the Burlington County
Health Officer or his representative 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. 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
of violation.
(1)
Whenever the Burlington County Health Officer or his representative
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter, 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:
(a)
Be put in writing;
(b)
Include a statement of the reasons why it is being issued;
(c)
Allow a reasonable time for the performance of any act it requires;
and
(d)
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.
(2)
Such 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.
B.
Hearings.
(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 Burlington County Health Officer
or his representative, provided that such person shall file in the
office of the Burlington County Health Officer or his representative
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 Burlington County Health Officer or his
representative 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.
(3)
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 Officer or his representative
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
(4)
After
such hearing the Burlington County Health Officer or his representative
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 Burlington County Health Officer or his representative sustains
or modifies such notice, it shall be deemed to be an order. 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 Burlington County Health Officer or his representative within
10 days after such notice is served.
(5)
The
proceedings at such hearing, including the findings and decision of
the Burlington County Health Officer or his representative, shall
be summarized, reduced to writing, and entered as a matter of public
record in the office of the Township Clerk of the Township of Washington.
Such record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the Burlington County Health Officer or his representative may
seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
(6)
Whenever
the Burlington County Health Officer or his representative 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 chapter, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the Burlington
County Health Officer or his representative shall be afforded a hearing
as soon as possible. After such hearing, 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, the
Burlington County Health Officer or his representative shall continue
such order in effect, or modify it, or revoke it.
The Burlington County Health Officer or his representative 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 chapter; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
chapter, nor in anywise alter, amend or supersede any of the provisions
thereof. The Burlington County Health Officer or his representative
shall file a certified copy of all rules and regulations which he
may adopt in his office and in the office of the Clerk of the Township
of Washington.
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.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed $200 or by imprisonment in the county jail
for a period of not to exceed 90 days, or by both such fine and imprisonment,
and each violation of any of the provisions of this chapter, and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
