[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
A.
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.
B.
Form; contents; service of notice. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons it is being served.
(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 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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Emergency action; order effective immediately.
(1)
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.
(2)
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.[1]
[1]
Editor's Note: Former § 308-8, Issuance of certificate
of occupancy required, which immediately followed, was repealed 2-24-2022 by Ord. No. 2022-02.
