[HISTORY: Adopted by the Board of Health of the Township of Sandyston as indicated in article histories. Amendments noted where applicable.]
Building construction — See Ch. 45.
It is hereby declared that the occupancy of apartments, houses or any other type of living quarters with substandard floor area, or the renting or occupation of premises by too large a family for the available floor space within the Township of Sandyston, constitutes a public nuisance and a public health hazard where such occupancy is more than seasonal in character.
[Amended 9-9-2014 by Ord. No. 2014-07]
Minimum floor area requirements shall be in accordance with the New Jersey Uniform Construction Code, N.J.A.C. 5:23 et seq.
No apartment, house, trailer or other living quarters may be occupied as a residence for year-round occupancy or for any greater period than four months of the year unless the apartment, house, trailer or living quarters contain the following facilities:
Plumbing and a connected water source to furnish an adequate flow of potable water at all times.
Wiring for electric supply according to standards acceptable to the Board of Fire Underwriters.
Connection with an adequate septic tank disposal system which conforms to the requirements of the State of New Jersey.
Every house, apartment, trailer or other living quarters which is occupied within the Township of Sandyston shall provide a floor area of 70 square feet for every person occupying it over the age of two years. In the event that an apartment, house, trailer or living quarters to be rented shall meet these minimum requirements of floor area, it may be rented after a hearing before the Board of Health, even though the minimum floor areas do not meet the standards set forth in § 158-2 hereof. In determining floor area, cellar area and area with less than five-foot ceilings shall be excluded. Applications for such hearing shall be made by the owner thereof at least two weeks before the meeting of the Board of Health where the hearing is held.
Any violation of this Article shall be punishable by a fine of a minimum of $2 or a maximum of $500, for each offense, and each day that a particular house, apartment, trailer or living quarters is occupied in violation of this Article shall constitute a separate offense.
Nothing in this Article shall be construed to apply to houses, apartments, trailers or living quarters which are occupied upon the effective date hereof until a new occupancy is contracted for or arranged.
The Construction Official or Housing Officer of the Township of Sandyston, the Code Enforcement Official of the Township of Sandyston and any duly authorized officer of the Sussex County Department of Health shall be and they are hereby designated as the public officer to exercise the powers prescribed by this Article.
Pursuant to the provisions of Chapter 21, P.L. 1946 (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, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this Article, 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 Building Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township of Sandyston 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 Building Inspector is 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 Building Inspector 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 Article with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Article.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this Article, 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 put in writing.
Include a statement of the reasons why it is being issued.
Allow a reasonable time for the performance of any act it requires.
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.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Article and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Article, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Building Inspector, provided that such person shall file in the office of the Building Inspector 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 Building Inspector 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 Building Inspector 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 Building Inspector shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this Article and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this Article shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Building Inspector, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Building Inspector. 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 Building Inspector may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Whenever the Building Inspector 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 Article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Inspector shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this Article and of the rules and regulations adopted pursuant thereto have been complied with, the Building Inspector shall continue such order in effect or modify it or revoke it.
Editor’s Note: Former § 158-11, Rules and regulations, was repealed 9-9-2014 by Ord. No. 2014-07.
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.
Editor’s Note: Former § 158-13, Certificate of occupancy, was repealed 9-11-2018 by Ord. No. 2018-08.
Editor’s Note: Former § 158-14, Fees for certificate of occupancy, was repealed 9-11-2018 by Ord. No. 2018-08.
Any person, firm or corporation who shall violate any of the provisions of this Article shall, upon conviction, be punished by a fine not to exceed $500, and each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.