[HISTORY: Adopted by the Board of Health of the Township of Washington
3-15-1972 as Sec. 12-3 of the Revised General Ordinances. Amendments noted
where applicable.]
[Amended 9-18-1989 by Ord.
No. 22-1989]
In accordance with the provisions of N.J.S.A 40:49-5 1, the New Jersey
State Housing Code (1980 Revision), as approved by the Department of Community
Affairs, Division of Housing and as filed with the Secretary of State and
as may be amended from time to time, 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 chapter 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 Clerk for the use and examination of the public.
The administrative and enforcing authority for the provisions of this
chapter shall be the Sanitary Inspector.
This chapter shall constitute the standards to guide the Sanitary Inspector
in determining the fitness of any dwelling, dwelling unit, rooming unit or
premises for human habitation, use or occupancy.
The Sanitary Inspector may make rules and regulations which interpret
or amplify any provision of this chapter or for the purpose of making the
provisions of this chapter more effective. No regulation shall be inconsistent
with or alter or amend any provision of this chapter, 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 chapter.
Rules and regulations shall be subject to the same penalty as other violations
of this chapter.
The Sanitary Inspector 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 Sanitary Inspector 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 Sanitary Inspector 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 Sanitary
Inspector or his agents free access to the premises for the purpose of inspection
of or making any repairs or alterations which are necessary to effect compliance
with this chapter.
The Sanitary Inspector or his agents may, upon affidavit, apply to the
Municipal Judge 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 chapter 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 search warrant may also be obtained in connection
with a general program of inspection.
A.
Whenever the Sanitary Inspector determines that there
are reasonable grounds to believe 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 the alleged violation to the person responsible as hereinafter
provided. The notice shall:
(1)
Be 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 chapter
and rules and regulations adopted pursuant thereto.
A.
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 Board of Health, provided that such person
files in the office of the Board of Health 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.
B.
Upon receipt of the petition, the Board of Health shall
set a time and place for the hearing and shall give the petitioner written
notice thereof.
C.
At the hearing the petitioner shall be given an opportunity
to be heard and to show why the notice should be modified or withdrawn.
D.
The hearing shall be commenced not later than ten days
after the day on which the petition is filed, provided that upon application
of the petitioner the Board of Health 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 the postponement.
E.
After the hearing the Board of Health shall sustain,
modify or withdraw the notice, depending upon its findings as to whether the
provisions of this chapter and the rules and regulations adopted pursuant
thereto have been complied with. If the Board of Health sustains or modifies
the 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 Board of Health within ten
days after the notice is served.
F.
The proceedings at the hearings, including the findings
and the decision of the Board of Health, shall be summarized, reduced to writing,
and entered as a matter of public record in the office of the Board of Health.
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 Board of
Health may seek relief therefrom in any court of competent jurisdiction as
provided by the laws of the state.
H.
Whenever the Board of Health finds that an emergency
exists which requires immediate action to protect 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. Any person to whom such order is
directed shall comply therewith immediately, but upon petition, shall be afforded
a hearing as soon as possible. After such hearing, depending upon the findings
as to whether the provisions of this chapter and of the rules and regulations
adopted pursuant thereto have been complied with, the Board of Health shall
continue such order in effect, or modify it, or revoke it.
Whenever a petition is filed with the Board of Health by a public authority
as defined in N.J.S.A. 40:48-2 4, or by at least five residents of the township
charging that any dwelling is unfit for human habitation as defined in the
housing code, or whenever it appears to the sanitary inspector on his own
motion that any dwelling is unfit for human habitation, he shall, if his preliminary
investigation discloses a basis for such charges, issue and cause to be served
upon the owner of and parties in interest in such dwelling a complaint stating
the charges in that respect and containing a notice that a hearing will be
held before the Board of Health at a place therein fixed not less than ten
days nor more than 30 days after the serving of the complaint; that the owner
and parties in interest shall be given the right to file an answer to the
complaint and to appear in person or otherwise, and give testimony at the
time and place fixed in the complaints; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before the
Board of Health.
If after notice and hearing the Board of Health determines that the
dwelling under consideration is unfit for human habitation, as defined in
the Housing Code, it shall state, in writing, its findings of fact in support
of such determination and shall issue and cause to be served upon the owner
thereof and parties in interest an order requiring:
A.
The repair, alteration or improvement of the building
to be made by the owner, within a reasonable time which shall be set forth
in the order, or at the option of the owner to vacate or to have the building
vacated and closed within the time set forth in the order.
B.
If the building is in such a condition as to make it
dangerous to the health and safety of persons on or near the premises, and
the owner fails to repair, alter or improve the building within the time specified
in the order, that the owner shall remove or demolish the building within
a reasonable time as specified in the order of removal.
C.
If the owner fails to comply with an order to repair,
alter or improve, or at the option of the owner to vacate and close the building,
the Board of Health may cause such building to be repaired, altered or improved,
or to be vacated and closed; that the Board of Health may cause to be posted
on the main entrance of any building so closed, a placard with the following
words: "This building is unfit for human habitation or occupancy or use; the
use or occupation of this building is prohibited and unlawful."
D.
If the owner fails to comply with an order to remove
or demolish the building, that the Board of Health may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor.
E.
The amount of:
(1)
The cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of any proceeding
taken under this chapter determined in favor of the township.
(2)
Repairs, removal or demolition.
(a)
The cost of repairs, alterations or improvements, or
of vacating and closing, or removal or demolition, if any, or the amounts
of the balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any contract
for removal or demolition thereof, shall be a municipal lien against the real
property upon which such cost was incurred.
(b)
If the building is removed or demolished by the Board
of Health, it shall sell the materials of such building. There shall be credited
against the cost of removal or demolition thereof the proceeds of any sale
of such materials or any sum derived from any contract for the removal or
demolition of the building. If there are no such credits or if the sum total
of such costs exceeds the total of such credits, a detailed statement of the
aforesaid costs and the amount so due shall be filed with the Municipal Tax
Assessor or other custodian of the records of tax liens, and a copy thereof
shall be forthwith forwarded to the owner by certified mail. If the total
of the credits exceeds such costs, the balance remaining shall be deposited
in the Superior Court by the Board of Health, shall be secured in such a manner
as may be directed by such Court and shall be disbursed according to the order
or judgment of the Court to the persons found to be entitled thereto by final
order or judgment of such Court, provided that nothing in this chapter shall
be construed to impair or limit in any way the power of the township to define
and declare nuisances and to cause their removal or abatement by summary proceedings
or otherwise. Any owner or party in interest may, within 60 days from the
date of the filing of the lien certificate, proceed in a summary manner in
the Superior Court to contest the reasonableness of the amount or the accuracy
of the costs set forth in the municipal lien certificate.
Complaints or orders issued by the Board of Health or its agent pursuant
to this chapter shall be served upon persons either personally or by certified
mail, but if the whereabouts of such persons are unknown and the same cannot
be ascertained in the exercise of reasonable diligence and the Board of Health
shall make an affidavit to that effect, then the serving of the complaint
or order upon such persons may be made by publishing the same once each week
for two successive weeks in a newspaper having circulation in the township.
A copy of such complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order, and a copy shall be recorded
with the Morris County recording officer.
The Sanitary Inspector is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following in addition
to others herein granted:
A.
To investigate the dwelling conditions in the township
in order to determine which dwellings therein are unfit for human habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that such entries are made in such a manner as to cause the least
possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this chapter.
E.
To delegate any of his functions and powers under this
chapter to such officers and agents as he may designate.
No person shall occupy as owner or 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.
The owner of any building located within the limits of the township who desires to demolish the same shall first obtain a permit for that purpose from the Building Subcode Official and shall pay a fee as provided in Chapter 56, Building Construction, § 56-7C, Demolition fees. The fee shall be paid prior to the issuance of any permit. The owner shall also furnish the township with a bond in the amount of $5,000, conditioned on the complete performance of the work in accordance with the terms of the application and permit, without injury to public property and without creation of a hazard to the public health, safety and welfare.
