[HISTORY: Adopted by the Township Committee
of the Township of Sandyston 4-3-1968. Amendments noted where applicable.]
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.
[Amended 10-2-1986]
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.
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.
A.Â
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)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.
(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 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)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 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.Â
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.
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.
[Amended 10-2-1986]
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.
[Amended 10-2-1986]
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.
