[HISTORY: Adopted by the Township Committee of the Township
of Winslow 8-28-70 by Ord. No. 0-11-70 as
Ch. 30 of the 1970 Code of the Township of Winslow.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Trailers and trailer camps — See Ch. 266.
Zoning — See Ch. 294.
Zoning within the Pinelands Area — See Ch. 296.
[1]
Editor's Note: This legislation was originally adopted 7-28-67
as Ord. No. 0-6-67.
The Health Officer of the Township of Winslow be and he is hereby
designated as the officer to exercise the powers prescribed by this
chapter, and he shall serve in such capacity without any additional
salary.
Pursuant to the provisions of P.L. 1946, c. 21, as amended (N.J.S.A.
40:49-5.1), the Private Campgrounds Code, as approved by the Department
of Health and the Department of Conservation and Economic Development
and 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
whether campground dwellings, as well as their facilities, located
in this municipality are safe, sanitary and fit for human habitation
and rental. A copy of the Private Campgrounds Code is annexed to this
chapter, and three (3) copies of the same have been placed on file
in the office of the Township Clerk and are available to all persons
desiring to use and examine the same.
The Health Officer is hereby authorized and directed to make
inspections to determine the condition of camp dwellings, as well
as their facilities, located within the Township of Winslow, in order
that he may perform his duty of safeguarding the health and safety
of the occupants of camp dwellings, as well as their facilities, and
of the general public. For the purpose of making such inspections,
the Health Officer is hereby authorized to enter, examine and survey
at all reasonable times all camp dwellings, as well as their facilities.
The owner or occupant of every camp dwelling, as well as its facilities,
or the person in charge thereof, shall give the Health Officer free
access to such camp dwelling, as well as its facilities, at all reasonable
times for the purpose of such inspection, examination and survey.
Every occupant of a camp dwelling shall give the owner thereof or
his agent or employee access to any part of such camp dwelling, as
well as its facilities, 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.
Notice of violation.
(1)
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 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:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act it requires.
(d)
Be served upon the owner or his agent or upon 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.
(2)
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 there to may request and shall be granted
a hearing on the matter before the Health Officer, provided that 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 therefore within ten (10) days after the day the notice was
served. Upon receipt of such petition, the Health Officer 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 ten (10)
days after the day on which the petition was filed, provided that
upon application of the petitioner the Health Officer 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
Officer shall sustain, modify or withdraw the notice, depending upon
his findings as to whether the provisions of this chapter and the
rules and regulations adopted pursuant thereto have been compiled
with. If the Health Officer 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 ten (10) days
after such notice is served. The proceedings at such hearing, including
the findings and decisions of the Health Officer, 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 Health Officer may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of the state. Whenever the Health Officer 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 Officer 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 Officer shall continue such order in effect, or modify
it or revoke it.
The Health Officer 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 Officer 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 Winslow.
No person shall occupy as owner-occupant or rent to another
for occupancy any camp dwelling, as well as its facilities, for the
purpose of living therein, which does not conform to the provisions
of the Private Campgrounds Code established hereby as the standard
to be used in determining whether a camp 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 of not to exceed two hundred dollars ($200.) or by imprisonment
in the county jail for a period of not to exceed ninety (90) days,
or by both such fine and imprisonment. 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.
