[HISTORY: Adopted by the Board of Health of the Township
of West Deptford 7-19-1989 by Ord.
No. 89-16. Amendments noted where applicable.]
The West Deptford Township Board of Health and its agents and
the West Deptford Township Construction Official be and are hereby
designated as the office to exercise the powers prescribed by the
within chapter, and they shall serve in such capacity without any
additional salary.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1
et seq.), the New Jersey State Housing Code (1980 Revision), as approved
by the Department of Community Affairs 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 dwellings
in this Township are safe, sanitary and fit for human habitation and
rental. A copy of the New Jersey State Housing Code (1980 Revision)
is annexed to this chapter, and three 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 West Deptford Township Board of Health and its agents and
the West Deptford Township Construction Official are hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township
of West Deptford in order that it may perform its 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 West Deptford
Township Board of Health and its agents and the West Deptford Township
Construction Official are 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 West Deptford Township Board of Health and its agents and the
West Deptford Township Construction Official 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.Â
Whenever the West Deptford Township Board of Health and its agents
or the West Deptford Township Construction Official determine 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.
(1)Â
Such notice shall:
(a)Â
Be put in writing;
(b)Â
Include a statement of the reasons why it is being issued;
(c)Â
Allow a reasonable time for the performance of any act it requires;
and
(d)Â
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 certified 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)Â
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.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 West Deptford Township Committee,
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 therefor within 10 days after the
day the notice was served. Upon receipt of such petition, the West
Deptford Township Clerk 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 West
Deptford Township Clerk 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.
C.Â
After such hearing, the West Deptford Township Committee 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 Committee sustains
or modifies such notice, it shall be deemed to be an order.
D.Â
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.
E.Â
The proceedings at such hearing, including the findings and decision
of the Committee, 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.
F.Â
Any person aggrieved by the decision of the West Deptford Township
Committee may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
G.Â
Whenever the West Deptford Township Board of Health and its agents
and the West Deptford Township Construction Official find that an
emergency exists which requires immediate action to protect the public
health or safety, they 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 West Deptford Township
Clerk 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 Committee shall continue such
order in effect or modify it or revoke it.
The West Deptford Township Board of Health and its agents and
the West Deptford Township Construction Official are 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 West Deptford Township Board of Health and its agents and the
West Deptford Township Construction Official shall file a certified
copy of all rules and regulations which they may adopt in its office
and in the office of the Clerk of the Township of West Deptford.
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 (1980 Revision), established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 less than $5 and not more than $500, 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.