[HISTORY: Adopted by the Township Committee of the Township of Sandyston 4-3-1968.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 150.
§ 52-1 Enforcing official designated.
§ 52-2 State standards.
§ 52-3 Inspections.
§ 52-4 Notice of violation; hearing; emergencies.
§ 52-5 Enforcement rules and regulations.
§ 52-6 Compliance required.
§ 52-7 Violations and penalties.
§ 52-1 Enforcing official designated.
The Health Officer of the County of Sussex 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.
§ 52-2 State standards. [1]
Pursuant to the provisions of N.J.S.A. 26:1A-9, Chapter XI, Campgrounds,
of the New Jersey State Sanitary Code 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. Copies of Chapter XI, Campgrounds,
of the New Jersey State Sanitary Code 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.
§ 52-3 Inspections.
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 Sandyston 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 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.
§ 52-4 Notice of violation; hearing; emergencies.
A.
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.
(1)
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 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 thereto, may request and shall be
granted a hearing on the matter before the Health Department, provided that
such person shall file in the office of the Health Department 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 Department 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 Health Department may postpone
the date of the hearing for a reasonable time beyond such ten-day period if,
in its judgment, the petitioner has submitted a good and sufficient reason
for such postponement. After such hearing, the Health Department shall sustain,
modify or withdraw the notice, depending upon its findings as to whether the
provisions of this ordinance and the rules and regulations adopted pursuant
thereto have been complied with. If the Health Department 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 Department within 10
days after such notice is served. The proceedings at such hearing, including
the findings and decision of the Health Department, shall be summarized, reduced
to writing and entered as a matter of public record in the office of the Health
Department. 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 Department may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
C.
Whenever the Health Department 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
Department 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
the rules and regulations adopted pursuant thereto have been complied with,
the Health Department shall continue such order in effect or modify it or
revoke it.
§ 52-5 Enforcement rules and regulations.
The Health Department 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 Department 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 Sandyston.
§ 52-6 Compliance required. [1]
No person shall occupy, as owner or 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 Chapter XI, Campgrounds,
of the New Jersey State Sanitary Code, established hereby as the standard
to be used in determining whether a camp dwelling is safe, sanitary and fit
for human habitation.
§ 52-7 Violations and penalties. [1]
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
$1,000 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 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. Any person, firm
or corporation who shall violate any of the provisions of Chapter XI, Campgrounds,
of the New Jersey State Sanitary Code shall be punishable as provided in N.J.S.A.
26:1A-10.