[Derived from Secs. 15-1 to 15-11 of the 2002 Revised General
Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
A.
NEW JERSEY STATE HOUSING CODE
As used in this article, the following terms shall have the meanings
indicated:
That certain code approved by the State Department of Conservation
and Economic Development and the State Department of Health and Senior
Services and filed in the office of the Secretary of State on January
31, 1962, prescribing the standards to guide the public officer of
a municipality authorized by the ordinance adopting the code to enforce
the same in determining the fitness of a building for human habitation,
use or occupancy.
B.
MUNICIPALITY
PUBLIC OFFICER
Whenever the following words, terms or phrases are used in the New
Jersey State Housing Code, they shall have the following meanings:
The Township of Clark.[1]
The Construction Code Official of the Township or his/her
designated representative.
C.
Except as otherwise modified by the provisions of this section, the
words, terms or phrases used in this article and defined in Section
2 of the New Jersey State Housing Code shall have the meanings given
therein.
A.
Adoption of code. Pursuant to the provisions of N.J.S.A. 40:49-5.1
et seq., the New Jersey State Housing Code is hereby adopted and established
as constituting the standards to be used in determining whether dwellings
in the Township are safe and sanitary and fit for human habitation,
use, rental or occupancy.[1]
B.
Compliance with code required. 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
applicable provisions of the New Jersey State Housing Code.
C.
Incorporation by reference. The New Jersey State Housing Code is
hereby incorporated herein by reference and made a part hereof as
though it had been set forth herein at length.
D.
Copies on file for public use. Three copies of the New Jersey State
Housing Code have been placed on file in the office of the Township
Clerk and in the office of the Construction Code Official for the
use and examination of the public.
The purpose of this article shall be to protect the public health,
safety and welfare in buildings used for dwelling purposes, as hereinafter
provided, by:
A.
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space, heating and sanitation; for safety
from fire; for space, use and location; for safe and sanitary maintenance;
and for cooking equipment in all dwellings and multifamily dwellings
now in existence.
B.
Fixing the responsibilities of owners, agents, operators and occupants
of all dwellings and multifamily dwellings.
C.
Providing for administration, enforcement and penalties.
A.
Statement of minimum standards. The provisions of this article shall apply to all structures used for human habitation which are now, or may become in the future, substandard with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions and overcrowding or are otherwise deemed to constitute a menace to the safety, health and welfare of their occupants, except as provided in Subsection D. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.
B.
Construction Code. Any alterations to buildings, or changes of use
therein, which may be caused directly or indirectly by the enforcement
of this article shall be done in accordance with applicable sections
of the New Jersey State Uniform Construction Code.[1]
C.
Conflict with other ordinances. Except as provided in Subsection D, in any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the Township, the provisions best providing for the safety and health of the people shall prevail. In any case, where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the Township which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this article shall prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.
D.
Existing buildings. This article establishes minimum requirements
for the initial and continued occupancy of all buildings, including
commercial, used for human habitation and shall not replace or modify
requirements otherwise established for the construction, repair, alteration
or use of buildings, equipment or facilities, except as provided in
this article.
E.
Existing remedies. Nothing in this article shall be deemed to abolish
or impair existing remedies of the Township or its officers or agencies
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe or unsanitary.
A.
Construction Code Official. The Construction Code Official, or his/her
authorized representative, shall be and is hereby designated as the
officer to exercise the powers prescribed by this article and to enforce
the provisions thereof. The Construction Code Official shall serve
in such capacity without any additional salary.
B.
Rules and regulations. The Construction Code Official is hereby authorized
and empowered to make, adopt and enforce such written rules and regulations
as he/she may deem necessary for the proper enforcement of the provisions
of this article; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this article, nor
in any way alter, amend or supersede any of the provisions hereof.
The Construction Code Official shall file a certified copy of all
rules and regulations which he/she may adopt in his/her office and
in the office of the Township Clerk.
A.
Inspections. The Construction Code Official is hereby 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 he/she may perform his/her duty of safeguarding the
health and safety of the occupants of dwellings and of the general
public.
B.
Notice. For the purpose of making the inspections referred to in Subsection A, the Construction Code Official is hereby authorized to enter, examine and survey, at all reasonable times, all dwelling units, rooming units or premises, provided that 24 hours' notice is given to the owner or occupants of such dwellings, dwelling units, rooming units or premises, if the owner or occupants can be located.
C.
Right of entry. The owner or occupant of every dwelling, dwelling
unit and rooming unit, or the person in charge thereof, shall give
the Construction Code Official free access to such dwelling, dwelling
unit or rooming unit or 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/her 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 article
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this article.
A.
Service. Whenever the Construction Code Official 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/she shall give notice of such alleged violation
to the person or persons responsible, as provided herein.
B.
Effect of notice. Any notice served pursuant to this section shall automatically be deemed and become an order unless a written petition for a hearing is filed in the office of the Township Clerk within 10 days after such service of notice, as provided in § 189-9A.
C.
D.
Service of notice. A copy of the notice of violation shall be served
upon the owner, or his/her agent, or the occupant, as the case may
require, personally or by certified mail, addressed to him/her at
his/her last known address, or by posting a copy in a conspicuous
place in or about the dwelling affected by such notice, or by any
other method authorized or required by the laws of this state.
A.
Right to hearing. Any person given notice pursuant to § 189-8 of a violation of this article, or any rule or regulation adopted pursuant hereto, shall be entitled to a hearing upon the matter before the Construction Code Official if a written petition, briefly setting forth the grounds for a hearing, is filed in the office of the Township Clerk within 10 days of the service of the notice.
B.
Time for hearing. Upon receipt of the petition, the Construction
Code Official shall fix a time and place for the hearing, but not
later than 10 days after the filing of the petition, and shall give
the petitioner written notice thereof. On application of the petitioner
and a showing of good cause, the Construction Code Official may grant
a postponement thereof to a fixed date which he/she deems reasonable
under the circumstances.
C.
Rights at hearing. At the hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn.
D.
Decision. The Construction Code Official, after the hearing, shall
sustain, modify or withdraw the notice in accordance with his/her
findings as to whether the provisions of this article and of the rules
and regulations adopted pursuant hereto have been complied with. If
the Construction Code Official sustains or modifies such notice, it
shall be deemed to be and have the effect of an order.
E.
Record of decision. The proceedings at such hearing, including the
findings and decision of the Construction Code Official, shall be
summarized and reduced to writing and entered as a matter of public
record in the office of the Township Clerk. 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 Construction Code
Official may seek relief therefrom in any court of competent jurisdiction
as provided by the laws and court rules of this state.
A.
Determination of emergency. Whenever the Construction Code Official finds that, in any dwelling, dwelling unit, rooming unit or premises located within the Township, a condition exists in violation of this article, or the rules and regulations adopted pursuant hereto, which presents such immediate and serious threat to the health and safety of the occupants thereof or of the general public as to require emergency action for their protection, he/she shall, without notice or hearing, issue and cause to be served an order in the manner specified in § 189-8, reciting the existence of the conditions creating the emergency and requiring that such corrective action be taken as he/she deems necessary to meet the emergency and as specified in the order. Notwithstanding any other provision of this article to the contrary, such order shall be effective immediately upon service.
B.
Compliance; hearing.
(1)
The person to whom the order referred to in Subsection A is directed shall comply therewith immediately, but, upon petition in writing to the Construction Code Official, shall be afforded a hearing as soon as possible for the purpose of reviewing such order. At the conclusion of such hearing, the Construction Code Official, depending upon his/her findings as to whether the provisions of this article, and of the rules and regulations adopted pursuant hereto, have been complied with, shall continue the order in effect or modify it, including, but not by way of limitation, the time for compliance therewith, or rescind it.
