[HISTORY: Adopted by the Board of Health of the Township
of Morris 4-11-1963 by Ord. No. H3-63 (Ch. 108 of the 1969 Code). Amendments
noted where applicable.]
The Health Administrator of the Township of Morris be and he
is hereby designated as the officer to exercise the powers prescribed
by the within chapter, and he shall serve in such capacity without
any additional salary.
A.
Pursuant to the provisions of N.J.S.A. 40:59-5.1, the current New
Jersey State Housing Code, as adopted and approved by the Department
of Community Affairs and as set forth in N.J.A.C. 5:28-1.1 et seq.,
be and the same is hereby accepted, adopted and established as the
standards to guide the public officer or his agents in determining
the fitness of a building for human habitation, use or occupancy.
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 of the Township of Morris and are available
to all persons desiring to use and examine the same.
[Amended 2-11-1986 by Ord. No. 1-86[1]]
B.
All sections of the New Jersey State Housing Code referring to heating
of rented dwellings are hereby deleted, and in their place and stead
the following is added:
[Added 11-9-1983 by Ord. No. 35-83]
(2)
In meeting the aforesaid standards, the owner shall not be responsible
for heat loss and the consequent drop in the interior temperature
arising out of action by the occupants in leaving windows or doors
open to the exterior of the building. The owner shall be obligated
to supply required fuel or energy and maintain the heating system
in good operating condition so that it can supply heat as required
herein, notwithstanding any contractual provision seeking to delegate
or shift responsibility to the occupant or third person, except that
the owner shall not be required to supply fuel or energy for heating
purposes to any unit where the occupant thereof agrees in writing
to supply heat to his own unit of dwelling space and the said unit
is served by its own exclusive heating equipment for which the source
of heat can be separately computed and billed.
The Health Administrator 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 Morris
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 Health Administrator 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 Health Administrator
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.
Whenever the Health Administrator 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 be
put in writing; include a statement of the reasons why it is being
issued; allow a reasonable time for the performance of any act it
requires; and 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.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
B.
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 Health Administrator, provided
such person shall file in the office of the Health Administrator 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. Upon receipt of such petition, the Health Administrator
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 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 Health Administrator 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. After such hearing, the Health
Administrator 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 Health Administrator 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 Health Administrator
within 10 days after such notice is served. The proceedings at such
hearing, including the findings and decision of the Health Administrator,
shall be summarized, reduced to writing and entered as a matter of
public record in the office of the Health Administrator. 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 Health
Administrator may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state. Whenever the Health
Administrator 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 Health Administrator 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 Health Administrator
shall continue such order in effect or modify it or revoke it.
The Health Administrator 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 Health Administrator
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 Morris.
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 not to exceed $200 or by imprisonment in the county jail for
a period 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.
