A Code regulating housing inspections and fixing penalties for
violations is established pursuant to N.J.S.A. 26:3-69.1 to 69.6.
This Code is established to determine the fitness of a building for
human habitation, occupancy, or use with regards to two dwelling units
or more.
[1971 Code § 41-1; Ord. No. 11-10]
The Division of Health of the Department of Community Services
is designated as the authority to exercise the powers prescribed in
this section.
[1971 Code §§ 41-7, 41-8]
A.
The Division of Health is authorized and empowered to exercise such
powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this section including the following
in addition to others herein granted:
(1)
To investigate the dwelling conditions in the Township in order to
determine which dwellings are unfit for human habitation.
(2)
To administer oaths, affirmations, examine witnesses and receive
evidence.
(3)
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
(4)
To appoint and fix the duties of such officers, agents and employees
as deemed necessary to carry out the purposes of this section.
(5)
To delegate any functions and powers under this section to such officers
and agents as may be designated.
B.
Nothing in this section shall be construed to abrogate or impair
the power of the municipality or any officer or department to enforce
any provisions of its charter, ordinances or regulations, nor to prevent
or punish violations thereof, and the powers conferred by this section
shall be in addition to and supplemental to the powers conferred upon
the municipality by any other law or ordinance.
[1971 Code § 41-2; Ord. No. 11-20-73]
A.
For the purpose of this section, the Division of Health may determine
that a dwelling is unfit for human habitation if it is found that
conditions exist in such dwellings which are dangerous or injurious
to the health of safety of the occupants, the occupants of neighboring
dwellings or other residents of the Township. Such conditions may
include the following, without limiting the generality of the forgoing:
1. Defects increasing the hazards of fire, accident or other calamities.
2. Lack of adequate ventilation, light or sanitary facilities. 3.
Dilapidation. 4. Disrepair. 5. Structural defects. 6. Uncleanliness.
B.
A structure of other artificial condition shall be deemed to create
an unreasonable risk of serious bodily harm if any of the following
conditions are found to exist: 1. Vacancy or abandonment without proper
security of ingress and egress. 2. Unreasonable delay in completion
of construction or alterations. 3. Accumulation of debris, construction
materials or tools without proper security. 4. The creation of a nuisance
as contemplated in N.J.S.A. 26:3-46 and N.J.S.A. 26:3-49.
[1971 Code § 41-4; Ord. No. 11-20-73]
Whenever a petition is filed with the Division 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 municipality charging that any dwelling is unfit
for human habitation, or whenever it appears to the Division of Health
on its own motion, that any dwelling is unfit for human habitation,
and if preliminary investigation discloses a basis for such charges,
there shall be issued served upon the owner of and parties in interest
in such dwellings a complaint stating the charges and containing a
notice of violation which provides a reasonable time frame for the
abatement for alleged violations. Failure of the responsible party
to abate the violation within the specific time frame shall subject
the responsible party to the penalties contained in this section.
Any person who shall violate any of the provisions of this section
shall, upon conviction, be punished by a fine of not to exceed $200
or by imprisonment in the County Jail for a period of not to exceed
90 days or by both. Such fine and imprisonment and each day the same
is violated, shall be deemed and taken to be a separate and distinct
offense.
[1971 Code § 101-1]
A Code defining and regulating trailer courts; establishing
minimum standards governing the construction, alteration, maintenance,
operation and sanitation of trailer courts; establishing minimum standards
governing the utilities and sanitary facilities to be provided at
trailer courts; fixing the responsibilities and duties of the owners
and operators of trailer courts; declaring and defining certain trailer
courts as nuisances and authorizing inspections of trailer courts;
declaring and fixing penalties for violation thereof, is adopted pursuant
to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 69.6). A copy of
the Code is annexed hereto and made a part hereof without inclusion
of the text herein.
[1971 Code § 101-2]
The Code established and adopted by this section is described
and commonly known as the "Trailer Court Code of New Jersey (1956)."
[1971 Code § 101-3]
Three copies of the Trailer Court Code of New Jersey (1956)
have been placed on file in the Office of the Secretary of the Division
of Health and will remain on file in the office for the use and examination
of the public.
[1971 Code § 101-4]
No person shall construct, alter, maintain or operate a trailer
court within the boundaries of this municipality until a valid license
or permit shall have been issued by the Division of Health.
[1971 Code § 101-6]
The following fees and charges are established:
[1971 Code § 101-7]
Licenses or permits to maintain and operate a trailer court
shall be issued for a period of one year and shall expire annually
on the anniversary date of issuance.
[1971 Code § 101-5]
A.
Licenses or permits required by this section or Code may be denied
or suspended by this Division of Health for failure to comply with
this section or Code.
B.
The Division of Health shall afford the person whose license or permit
to construct, alter or operate a trailer court has been denied or
suspended an opportunity to be heard in public hearing, and following
this, to be informed of the Division's decision as provided by
Section 12 of this Code.
[1971 Code § 101-8]
Any person or persons violating any of the provisions of this
section or of the Trailer Court Code of New Jersey (1956) made a part
hereof shall, upon conviction, pay a penalty of not less than $10
nor more than $100 for each violation.
