[HISTORY: Adopted by the Board of Health
of the Township of Sandyston as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 45.
[Adopted 10-1-1958]
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:
A.
Plumbing and a connected water source to furnish an
adequate flow of potable water at all times.
B.
Wiring for electric supply according to standards
acceptable to the Board of Fire Underwriters.
C.
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.
[Amended 10-2-1986]
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.
[Adopted 10-4-1973]
[Amended 1-25-1985]
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.
A.
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.
(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
Article 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 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.
C.
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.
D.
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.
[1]
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.
[1]
Editor’s Note: Former § 158-13, Certificate of
occupancy, was repealed 9-11-2018 by Ord. No. 2018-08.
[1]
Editor’s Note: Former § 158-14, Fees for certificate
of occupancy, was repealed 9-11-2018 by Ord. No. 2018-08.
[Amended 10-2-1986]
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.
