[HISTORY: Adopted by the Board of Health of the Township of Fredon 4-1-1974 (Ch. BH:VIII of the 1972 Revised General Ordinances). Amendments noted where applicable.]
Public health nuisances — See Ch. 354.
This chapter shall be known as the "Housing Code of the Township of Fredon."
The New Jersey State Housing Code, as approved by the Department of Health and Conservation and Economic Development and as 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 the fitness of a building in the Township for human habitation, occupancy, rental or use pursuant to N.J.S.A. 40:49-5.1.
As provided by law, three copies of the New Jersey State Housing Code have been placed on file in the office of the Township Clerk for use and examination of the public.
Designated code officer. The Code Enforcement Officer appointed by the Township Committee is hereby designated as the officer to exercise the powers prescribed in the Code.
Inspections. The Health Officer is hereby authorized and directed to make inspections. He is authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises to determine if a violation exists.
Notice by Health Officer. Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or 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.
Form; contents; service of notice. Such notice shall:
Be put in writing.
Include a statement of the reasons it is being served.
Allow a reasonable time for the performance of any act it requires.
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 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.
Outline of remedial action. Such notice may contain an outline of remedial action which, if taken, shall effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Request for hearing; time limit for petition. 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 such person shall file in the office of the Township Clerk 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.
Time and place of hearing; postponement upon appeal. Upon receipt of such petition, the Board of Health 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. 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 Board of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
Results of hearing. After such 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 of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Health 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 Township Clerk within 10 days after such notice is served.
Public record. The proceedings at such hearing, including the findings and 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 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 Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Emergency action; order effective immediately.
Immediate action. Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, or safety, he may, without notice of 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.
Immediate compliance; petition for hearing. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board of Health shall be afforded a hearing as soon as possible. After such hearing, depending upon its 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.
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 this chapter established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Added by Ord. No. 2006-06; amended by Ord. No. 2008-08]
To better secure the enforcement of the Housing Code, no person shall occupy or lease to another for occupancy or permit the occupancy of any residential rental unit in the Township until a certificate of occupancy has been applied for and obtained. Prior to issuance of any such certificate of occupancy, the Construction Official shall inspect the building or building unit to ascertain that all requirements of the Code are being complied with. The certificate of occupancy shall specify the maximum number of persons permitted to occupy the dwelling or dwelling unit in compliance with the Code. Each certificate of occupancy shall expire and become null and void upon the termination of the occupancy of the dwelling or dwelling unit by the person to whom it was issued and the members of his family, and that dwelling or dwelling unit shall not be occupied by any other person until a new certificate of occupancy is applied for and obtained. There shall not be a fee charged for each certificate of occupancy issued under this section.