Township of Mannington, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mannington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 18.
Uniform construction codes — See Ch. 32.
Land development — See Ch. 70.
Property maintenance — See Ch. 102.
[Adopted 2-24-1966; amended 12-5-1996 by Ord. No. 96-04; 7-6-2006 by Ord. No. 06-10; 10-4-2007 by Ord. No. 07-13]
The Housing Officer of the Township of Mannington be and is hereby designated as the officer to exercise the powers prescribed by this chapter and shall serve in such capacity at the salary established by the Township Committee.
[Amended 10-5-2017 by Ord. No. 17-03]
A. 
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), and except as specifically set forth in Subsection B, below, the International Property Maintenance Code 2015, together with all revisions following the date hereof, and the New Jersey Uniform Fire Code, together with all revisions following the date hereof, are hereby adopted as the Mannington Township property maintenance codes for the control of all buildings and structures in Mannington Township. All of the regulations, provisions, penalties, conditions, and terms of the aforesaid Mannington Township property maintenance codes are hereby adopted and established as the standards for determining whether buildings and structures in the Township of Mannington are safe, sanitary, and fit for human habitation and rental. Three or more copies of aforesaid property maintenance codes are on file and will be kept current in the office of the Township Clerk for use and examination by the public.
B. 
The following sections of the International Property Maintenance Code 2015 (and the corresponding sections of any revision following the date hereof) are not adopted as part of, but instead are excluded from, the Mannington Township property maintenance codes:
(1) 
Sections 103.1, 104.1, 106.1, 108.1, 111.1 of the aforesaid International Property Maintenance Code 2015 are not hereby adopted.
C. 
The following date references are hereby adopted as insertions to complete the International Property Maintenance Code 2015 (and the corresponding sections of any revision following the date hereof):
(1) 
Insert "October 1 to May 1" in Section 602.3.
(2) 
Insert "October 1 to May 1" in Section 602.4.
D. 
The Township Clerk shall annotate all copies of the International Property Maintenance Code 2015 (and the corresponding sections of any revision following the date hereof) that are kept on file in the Township Clerk's office so that the above exclusions are stricken and the above insertions included, with cross-references to this chapter in each instance.
The Housing Officer is hereby authorized and directed to make inspections and inquiries to determine and confirm the occupants of, and the condition of, all dwellings, dwelling units, rooming units, and premises located within the Township of Mannington in order that the Housing Officer may perform his or her duty of enforcing the requirements of this chapter and of safeguarding the health and safety of the occupants of all such dwellings and of the general public. For the purpose of making such inspections and inquiries, the Housing Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises, and to inquire and require timely responses (within reasonable deadlines to be established by the Housing Officer) to all inquiries relating to the ownership and occupancy of such dwellings, dwelling units, rooming units, and premises. The owners and occupants of every dwelling, dwelling unit, rooming unit or premises, or the person in charge thereof, shall give the Housing Officer free access to such dwelling, dwelling unit, rooming unit and premises at all reasonable times for the purpose of such inspections, examinations, and surveys, and shall provide timely, complete and correct responses to all inquiries relating to all owners and occupants of such dwellings, dwelling units, rooming units, and premises, including but not limited to the full names, addresses, and other information for all owners and occupants of such dwellings, dwelling units, rooming units, and premises. Every occupant of a dwelling, dwelling unit, rooming unit or premises shall give the owner thereof, or his or her agent or employee, access to all parts of such dwelling, dwelling unit, rooming unit, or premises, at all reasonable times, for the purpose of making such inspections, inquiries, repairs, or alterations as are necessary to effect compliance with the provisions of this chapter and with any rule or regulation adopted, or any order issued, pursuant to the provisions of this chapter.
Whenever the Housing 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 or she shall give notice of such alleged violation to the person or persons responsible thereof or 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; and be served upon the owner or his or 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 or her personally; or if a copy thereof is sent by registered mail to his or 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 he or she 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 affect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
A. 
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 Housing Officer, provided that such persons shall file in the office of the Housing Officer a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within 10 days after the day the notice was served. Upon receipt of such petition the Housing Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof.
B. 
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 Housing Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his or her judgment the petitioner has submitted a good and sufficient reason for such postponement.
C. 
After such hearing, the Housing Officer shall sustain, modify, or withdraw the notice, depending upon his or her findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Housing Officer 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 Housing Officer within 10 days after such notice is served.
D. 
The proceedings at such hearings, including the findings and decision of the Housing Officer shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Housing Officer. Such record shall also include a copy of every notice or order issued in connection with the matter.
E. 
Any person aggrieved by the decision of the Housing Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Whenever the Housing Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she 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 Housing Officer shall be afforded a hearing as soon as possible. After such hearing, depending upon his or her findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer shall continue such order in effect, or modify it, or revoke it.
The Housing Officer is hereby authorized and empowered to make and adopt such written rules and regulations as he or she 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 Housing Officer shall file a certified copy of all rules and regulations which may be adopted in his or her office and in the office of the Clerk of the Township of Mannington.
[Amended 10-5-2017 by Ord. No. 17-03]
No person shall occupy as owner/occupant or rent to another for occupancy any dwelling, dwelling unit, rooming unit, or premises for the purpose of living therein which does not conform to the requirements of this chapter and the requirements of any property maintenance codes adopted by the Township of Mannington as the standard to be used to determine whether a dwelling is safe, sanitary, and fit for human habitation, nor shall any person occupy as owner/occupant, or rent to another for occupancy, any dwelling, dwelling unit, rooming unit, or premises for the purpose of living therein, unless and until a certificate of occupancy has been issued pursuant to this chapter for such occupancy.
Violations of this chapter shall be punishable as provided in § 1-15 of this Code.
[Adopted 12-5-1996 by Ord. No. 96-07; amended 7-31-2000 by Ord. No. 00-03; 7-6-2006 by Ord. No. 06-10; 10-4-2007 by Ord. No. 07-13]
[Amended 10-5-2017 by Ord. No. 17-03]
The owner of any residential rental property, prior to rental or lease involving a new occupancy of any unit of dwelling space in such property, shall obtain a certificate of inspection for the unit of dwelling space from the Housing Officer of the Township of Mannington. The Housing Officer of the Township of Mannington shall issue such certificate of inspection only after he or she inspects the unit of dwelling space and finds that such unit meets the standards of any property maintenance codes adopted by the Township of Mannington and the requirements of Chapter 70, Land Development, of the Code of the Township of Mannington. A new inspection and certificate of inspection must be obtained each time there is change of occupancy of any unit of dwelling space in any residential rental property, prior to the new occupancy.
[Amended 12-17-2015 by Ord. No. 15-04]
The fee for said inspection and certificate of inspection shall be $50 for the first and second inspections of the same dwelling and $50 for each subsequent inspection necessary until a certificate of continued occupancy is issued.
For the purposes of this chapter, "owner" means the person, organization or corporation who owns, purports to own, or exercises control of any residential rental property.
Violations of this chapter shall be punishable as provided in § 1-15 of this Code.