[HISTORY: Adopted by the Township Committee of the Township of Wall
11-8-1978 as Sec. 11-2 of the Revised General Ordinances. Amendments noted
where applicable.]
The Construction Official of the Township is hereby designated as the
officer to exercise the powers prescribed by this chapter, and he shall serve
in such capacity without any additional salary.
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 Township are safe, sanitary
and fit for human habitation and rental. Three copies of the New Jersey State
Housing Code 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 Construction Official 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 such inspections the
Construction Official 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 Construction Official 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.
A.
Whenever the Construction Official determines that there
are reasonable ground 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 responsible therefor
as hereinafter provided. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act
it requires.
(4)
Be deemed to be properly served upon provided that such
notice shall be served upon the owner or his agent, or the occupant, as the
case may require, such owner or agent, or the 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.
B.
Such notice may contain an outline of remedial action
which, it taken, will affect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
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 Construction Official, provided such person shall file 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 Construction
Official 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 Construction
Official 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.
After such hearing the Construction Official shall sustain, modify,
or withdraw the notice depending upon 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 Construction Official 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 Construction Official, 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 to order issued in connection
with the matter.
Any person aggrieved by the decision of the Construction Official may
seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
Whenever the Construction Official 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 chapter,
such order shall be effective immediately. Any person to whom such order is
directed shall comply therewith immediately, but upon petition to the Construction
Official shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied with,
the Construction Official shall continue such order in effect, or modify it,
or revoke it.
The Construction Official is hereby authorized and empowered to make
and adopt 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 anyway alter, amend, or supersede any of the provisions
thereof. The Construction Official shall file a certified copy of all rules
and regulations which he may adopt in his 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 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.
