[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.
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.
