Pursuant to the provisions of P.L. 1946, c. 21, (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments
of Health and Conservation and Economic Development and filed in the
Secretary of State's office, is hereby accepted and established
and adopted by reference as a standard to be used as a guide in determining
whether dwellings in the Township of Plumsted are safe, sanitary and
fit for human habitation and rental. A copy of the New Jersey State
Housing Code is annexed to this chapter, and three (3) copies of the
same have been placed on file with the Township Clerk and are available
to all persons desiring to use and examine the same.
A.Â
The Health Officer of the Township of Plumsted 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.
B.Â
The Health Officer is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units
and premises located in the Township of Plumsted 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 Officer is hereby authorized
to enter, examine and survey, at all reasonable times, all dwellings,
dwelling 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 Officer
free access to such dwelling, dwelling unit or rooming unit or its
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupancy 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 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.
The Health Officer may, upon affidavit, apply to the Municipal
Judge of the Township of Plumsted for a search warrant, setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this chapter exists
on the premises, and, if the Municipal Judge is satisfied as to the
matter set forth in said affidavit, he shall authorize the issuance
of a search warrant permitting access to and inspection of that part
of the premises on which the nuisance or violation may exist.
Whenever a petition is filed with the Township Clerk by a public
authority, as defined in N.J.S.A. 40:48-2.4, or by at least five (5)
residents of the Township of Plumsted charging that any dwelling is
unfit for human habitation as herein defined or whenever it appears
to the Health Officer, on his own motion, that any dwelling is unfit
for human habitation, as herein defined, he shall, if his preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such dwelling
a complaint, stating the charges in that respect and containing a
notice as provided by this chapter.
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 be
in writing and shall include:
A.Â
A description of the real estate sufficient for identification.
B.Â
A statement of the reason or reasons why it is being issued.
C.Â
A provision allowing a reasonable time for the performance of any
act it requires.
D.Â
An explanation of the rights of the person upon whom the notice has
been served to seek modification or withdrawal of the notice by petition
to the Health Officer for a hearing.
E.Â
A statement that any notice served pursuant to this section shall
automatically become an order if written petition for a hearing is
not filed in the office of the Health Officer within ten (10) days
after such notice is served and that any permit which has been suspended
by a notice shall be deemed to be automatically revoked if a petition
for hearing is not filed in the office of the Health Officer within
ten (10) days after such notice is served. 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.
Such notice shall 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,
or, if such person is unknown and the same cannot be ascertained by
the Health Officer, the serving of such notice upon such person may
be made by publishing the same once each week for two (2) successive
weeks in a newspaper printed and published or widely circulated in
the Township of Plumsted.
A.Â
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 Officer, provided that such
person shall file in person or by mail in the office of the Health
Officer a written notice requesting such hearing and setting forth
a brief statement of the grounds therefor within ten (10) days after
the day the notice was served. Upon such receipt of such petition,
the Health Officer shall set a time and place for such hearing within
thirty (30) days therefrom and shall give the petitioner five (5)
days' written notification thereof. Any hearing held in accordance
with this section, the petitioner shall be given an opportunity to
be heard and to show cause why such notice should be modified or withdrawn.
B.Â
The Health Officer shall have the power to administer oaths and affirmations
in connection with the conductance of any such hearing, and the rules
of evidence prevailing in the courts shall not be controlling in any
such hearings.
A.Â
After such hearing the Health Officer shall sustain, modify or withdraw
the notice, depending on 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 Officer sustains or
modifies such notice, it shall be deemed to be any 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 Officer within ten (10) days after such notice is served.
B.Â
The proceedings at such hearing, including the findings and decision
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.
C.Â
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.
If, after such notice and hearing, the Health Officer determines
that the dwelling under consideration is unfit for human habitation,
as herein defined, he shall state, in writing, his findings of fact
upon the owner thereof and the parties in interest and issue an order
requiring:
A.Â
The repair, alteration or improvement of said building to be made
by the owner, within a reasonable time, which time shall be set forth
in the order or, at the option of the owner, to vacate or to have
said building vacated and closed within the time set forth in the
order.
B.Â
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve said building, within the time specified
in the order, that the owner remove or demolish said building within
a reasonable time as specified in said order of removal.
C.Â
That, if the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the Health Officer may cause to be posted on the main entranceway
of any building so closed, a placard with the following words: "This
building is unfit for human habitation or occupancy or use; the use
or occupation of this building is prohibited and unlawful."
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 the
Health Officer 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 adopted 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 anyway alter, amend or
supersede any of the provisions thereof. The Health Inspector 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 Plumsted.
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, except transient and migrant labor housing.
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 thirty (30) 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.
