[HISTORY: Adopted by the Township Council of the Township of Springfield
12-14-1994 as § 12-2 of the 1994 Code. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey State
Housing Code, as approved by the Department 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 the Township of Springfield are
safe, sanitary and fit for human habitation and rental. A copy of the New
Jersey State Housing Code is annexed to this chapter and three copies of the
code have been placed on file in the office of the Township Clerk and are
available to all persons desiring to use and examine same.
This chapter together with the New Jersey State Housing Code shall be
known as the “Housing Code of the Township of Springfield,” and
is hereinafter referred to as the “code.”
The Construction Code Official shall be designated as the officer to
exercise the powers prescribed in this chapter, and shall serve in such capacity
and with such salary as prescribed by ordinance.
A.
Authorization. The Construction Code Official is authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units and premises located within the Township in order that (s)he
may perform his/her duty of safeguarding the health and safety of the occupants
of dwellings and the general public. For the purpose of making such inspections,
the Construction Code Official is authorized to enter, examine and survey
at all reasonable times all dwellings, dwelling units, rooming units and premises.
B.
Duty of owner or occupant. The owner or occupant of every
dwelling, dwelling unit or the person in charge thereof, shall give the Construction
Code Official free access to such dwelling or dwelling unit, and its premises
at all reasonable times for the purpose of inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner thereof,
or his/her 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.
C.
Search warrant. The Construction Code Official may, upon
affidavit, apply to the Municipal Judge of the Township for a search warrant
setting forth factually the actual conditions and circumstances that provide
a reasonable basis for believing that a nuisance or violation of this chapter
exists on the premises. If the Municipal Judge is satisfied as to the matter
set forth in the affidavit, (s)he shall authorize the issuance of a search
warrant permitting access to and inspection of that part of the premises on
which the nuisance or violation may exist.
A.
Whenever the Construction Code Official determines that
there are reasonable grounds to believe there has been a violation of any
provision of this chapter, or of any rule or regulation adopted pursuant thereto,
(s)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, shall include a statement of the reasons why it is being issued,
shall allow a reasonable time for the performance of any act it requires and
shall be served upon the owner or his/her 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/her personally, or if a copy thereof is sent by registered mail to
his/her 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 (s)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 chapter and with
the rules and regulations 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 Township Council, provided such
person files 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
Council 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 Council
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 Council shall sustain,
modify or withdraw the notice, depending upon its findings as to whether the
provisions of this chapter and the rules and regulations adopted pursuant
thereto have been complied with. If the Council 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 Township Clerk within 10 days after such
notice is served. The proceedings at such hearing, including the findings
and decision of the Council 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. Any person aggrieved by the decision of the Council may seek relief
therefrom in any court of competent jurisdiction, as provided by the laws
of the state.
C.
Whenever the Construction Code Official finds that an
emergency exists which requires immediate action to protect the public health
or safety, (s)he may, without notice or hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken as
(s)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 Council 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 Council shall continue such order in effect, or modify
or revoke it.
The Construction Code Official is authorized and empowered to make and
adopt such written rules and regulations as (s)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 any way alter, amend or supersede any of the provisions
thereof. The Construction Code Official shall file a certified copy of all
rules and regulations which (s)he may adopt in his/her office and in the office
of the Township Clerk.
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 code established herein as the standard
to be used in determining whether a dwelling is safe, sanitary and fit for
human habitation. No person shall rent to another for occupancy any dwelling
or dwelling unit for the purpose of living therein without first having had
the premises to be let inspected by the Construction Code Official. Such person
proposing to rent premises shall submit a written request to the Construction
Code Official, setting forth the location of the premises to be rented, the
date upon which occupancy is to be taken of the premises by prospective tenants
and the name of the person to whom (s)he intends to rent the premises. The
Construction Code Official shall, within 48 hours after the receipt of such
written request, make inspection of the premises as requested. The Construction
Code Official shall make a written report of his/her inspection and shall
give copies of such report to the owner of the premises, to the person who
proposes to rent the premises and to the Township Clerk and shall retain one
copy. In the event the Construction Code Official determines, as a result
of such inspection, that the premises are unfit for human habitation, and
the owner rents the property without taking the necessary corrective measures
or the person to whom the property is to be rented actually enters into occupancy
of the premises, the owner and the occupant shall be in violation of this
chapter and subject to the penalties provided for in this Code.[1]
For the purpose of this chapter, the Construction Code Official may
determine that a dwelling is unfit for human habitation if (s)he finds that
conditions exist in such dwelling which are dangerous or injurious to the
health or safety of the occupants of such dwelling, the occupants of neighboring
dwellings or other residents of the Township. Such conditions may include,
without limiting the generality of the foregoing, defects therein increasing
the hazards of fire, accident or other calamities, lack of adequate ventilation,
light or sanitary facilities, dilapidation, disrepair, structural defects
or uncleanliness.
