[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 7-2-1962, Ch. 6, Art. 4, of the former Revised Ordinances. Amendments noted where applicable.]
Unfit buildings — See Ch. 105.
Uniform construction codes — See Ch. 119.
Fire prevention — See Ch. 137.
Public health nuisances — See Ch. 179.
Residential property maintenance — See Ch. 198.
Adoption of standard codes by reference — See N.J.S.A. 40:49-5.1.
This chapter may be cited as the "Housing Code of the Township of Cedar Grove."
As used in this chapter, the following terms shall have the meanings indicated:
- NEW JERSEY STATE HOUSING CODE
- Refers to that certain code approved by the State Department of Conservation and Economic Development and the State Department of Health and filed in the office of the Secretary of State on January 31, 1962, prescribing the standards to guide the public officer of a municipality authorized by the ordinance adopting the said code to enforce the same, in determining the fitness of a building for human habitation, use or occupancy.
Whenever the following words, terms or phrases are used in the New Jersey State Housing Code, they shall have the meanings herein given:
- BOARD OF HEALTH
- The Department of Health of the Township of Cedar Grove.
- The Township of Cedar Grove.
- PUBLIC OFFICER
- The Health Officer of the Township or such other employee as may hereafter be designated by the Township Council.
Pursuant to the provisions of P.L. 1946, c. 21, as amended by P.L. 1948, c. 276 (N.J.S.A. 40:49-5.1 et seq.), the State Housing Code is hereby adopted and established as constituting the standards to be used in determining whether dwellings in the Township are safe and sanitary and fit for human habitation, use, rental or occupancy.
The said State Housing Code is hereby incorporated in this chapter by reference and made a part hereof as though it had been set forth herein at length, a printed copy thereof having been annexed to this chapter when it was adopted by ordinance, passed July 2, 1962, adopting said state code.
Ten copies of said State Housing Code have been placed on file in the office of the Township Clerk and in the office of the enforcing officer and shall there remain on file for the use and examination of the public so long as this chapter shall remain in effect.
No person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not conform to the applicable provisions of the New Jersey State Housing Code.
The Township Health Officer shall be and he is hereby designated as the officer to exercise the powers prescribed by this chapter and to enforce the provisions thereof. The Council may by resolution from time to time, at its discretion, transfer to some other Township employee or employees the functions and duties of such enforcement officer. Such person or persons shall serve in such capacity without any additional salary.
The Health Officer is hereby authorized and empowered to make, adopt and enforce such written rules and regulations as 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 anywise alter, amend or supersede any of the provisions thereof. The Health Officer shall file in his office and in the office of the Township Clerk a certified copy of all rules and regulations which he may adopt.
The Health Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township 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 the inspections referred to in Subsection A of this section, the Health Officer is hereby authorized to enter, examine and survey, at all reasonable times, all 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 Health Officer 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 chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
Whenever the Health 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 shall give notice of such alleged violation to the person or persons responsible therefor as provided in Subsections B and C of this section. Any notice served pursuant to this section shall automatically be deemed and become an order, unless a written petition for a hearing is filed in the office of the Health Officer within 10 days after such service of notice, as provided in § 158-10A.
Notice of violations.
At the option of the Health Officer, the notice of violation or violations may contain an outline of remedial action which, if taken, will abate, correct or eliminate the violation or violations alleged in the notice.
A copy of the notice of violation given pursuant to Subsections A and B hereof shall be served upon the owner or his agent or the occupant, as the case may require, personally or by registered or certified mail addressed to him at his last known address or by posting said copy in a conspicuous place in or about the dwelling affected by such notice or by any other method authorized or required by the laws of this state.
Any person given notice pursuant to § 158-9 of a violation of this chapter or any rule or regulation adopted pursuant thereto shall be entitled to a hearing upon the matter before the Health Officer if a written petition, briefly setting forth the grounds for a hearing, is filed in the office of the Health Officer within 10 days of the service of the notice. Upon receipt of the petition, the Health Officer shall fix a time and place for the hearing, but not later than 10 days after the filing of the petition, and shall give the petitioner written notice thereof.
The hearing shall be commenced before the Health Officer within 10 days after the filing of the petition unless, on application of the petitioner and a showing of good cause, the Health Officer grants a postponement thereof to a fixed date which he deems reasonable under the circumstances.
At the hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
The Health Officer after the hearing shall sustain, modify or withdraw the notice in accordance with his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Health Officer sustains or modifies such notice, it shall be deemed to be and have the effect of an order.
The proceedings at such hearing, including the findings and decision of the Health Officer, shall be summarized and reduced to writing and entered as a matter of public record in the office of the Health Officer. Such record shall also include a copy of every notice or order issued in connection with the matter.
Whenever the Health Officer finds that in any dwelling, dwelling unit, rooming unit and premises located within the Township a condition exists in violation of this chapter or the rules and regulations adopted pursuant thereto which presents such immediate and serious threat to the health and safety of the occupants thereof or of the general public as to require emergency action for their protection, he shall, without notice or hearing, issue and cause to be served an order in the mode specified in § 158-9 of this chapter, reciting the existence of the conditions creating the emergency and requiring that such corrective action be taken as he deems necessary to meet the emergency and as specified in the order. Notwithstanding any other provision of this chapter to the contrary such order shall be effective immediately upon service.
The person to whom the order referred to in Subsection A of this section is directed shall comply therewith forthwith, unless within 48 hours of the service of the order he petitions in writing the Health Officer to afford him a hearing as soon as possible for the purpose of reviewing such order. At the conclusion of such hearing, the Health Officer, depending upon his findings, shall continue the order in effect; or modify it, including, but not by way of limitation, the time for compliance therewith; or rescind it. A record of the proceedings of such hearing shall be taken and entered as provided in § 158-10 hereof.
[Amended 12-17-1962; 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any person who violates any provision of this chapter or of the rules and regulations adopted pursuant thereto shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.