(A)   In determining whether residential dwellings within the Township are safe, sanitary and fit for human habitation, the following standards, which are hereby accepted, adopted and made a part of the Township Code as if fully set forth herein, with the additions, deletions and changes, if any, as set forth below, shall apply.

      (1)   The BOCA National Property Maintenance Code, Fourth Edition, 1993, as published by the Building Officials and CodeAdministrators International, Inc. (hereinafter the "BOCA Code"), modified as follows:

         (a)   Section PM-101.2 (Page 1, second line): Township of Voorhees.

         (b)   Section PM-106.2 (Page 3, third line): A fine of not less than $200 nor more than $1,000 or imprisonment for a term of not more than 365 days.

      (2)   Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code as approved by the state Department of Community Affairs and filed in the Secretary of State's office (the "New Jersey Housing Code").

      (3)   Pursuant to the provisions of the most recent edition of the Regulations for Maintenance of Hotels and Multiple Dwellings (N.J.A.C. 5:10) for all hotels and residential rental buildings with four or more units.

   (B)   A copy of the Property Maintenance Code, Regulations for Maintenance of Hotels and Multiple Dwellings (N.J.A.C. 5:10) and the New Jersey Housing Code (N.J.A.C. 5:28) shall be kept on file at all times in the office of the Township Clerk and shall be available to all persons desiring to use and examine the same.

(Ord. 962-99, passed 11-8-99; Am. Ord. 266-15, passed 5-11-15)

   The Housing Inspector of the Township is hereby designated as the officer to exercise the powers prescribed by this chapter, and shall serve in such capacity with the salary set forth in the annual salary ordinance.

(Ord. 962-99, passed 11-8-99)

   (A)   The Housing Inspector is hereby authorized and directed to make necessary to determine the condition of dwellings, dwelling units, and premises located within the Township in order to safeguard the general public. For the purpose of making such inspections, the Housing Inspector is hereby authorized to enter, examine and survey at all reasonable times dwellings, dwelling units, and premises located within the Township. The occupants of dwellings, dwelling units or premises may give the Housing Inspector access to any part of such dwellings, dwelling units or premises at all reasonable times for the purpose of making the inspections.

   (B)   Should the occupants of a dwelling or dwelling unit refuse to give the Housing Inspector access to any part of such dwelling, dwelling unit or premises at a reasonable time for the purpose of making such inspection, then the Housing Inspector, upon affidavit, shall apply to the Municipal Judge of the Township or a Superior Court Judge of the state for a search warrant, setting forth such facts regarding the circumstances that provided probable cause for believing that a nuisance or violation of the Township Code exists in the dwelling, dwelling unit or premises, or setting forth that the requested search warrant is part of an area inspection and is necessary in carrying out a program of property maintenance and neighborhood improvement with the Township.

(Ord. 962-99, passed 11-8-99)

   Any occupant of a dwelling, dwelling unit or premises shall give the owner or his or her agent, employee or contractor access to any part of such dwelling, dwelling unit or premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to comply with the provisions of the Regulations for Maintenance of Hotels and Multiple Dwellings or the New Jersey Housing Code.

(Ord. 962-99, passed 11-8-99; Am. Ord. 266-15, passed 5-11-15)

   (A)   Whenever the Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he or she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing and include a statement of the reasons why it is being issued. Such notice shall allow a reasonable time for the performance of any act it requires. Any such notice must be served upon the owner or his or her agent, or the occupant, as the cause 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 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 if he or she 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, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

(Ord. 962-99, passed 11-8-99)

   (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 Inspector, 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 therefore with ten days after the day the notice was served. Upon receipt of such petition the Housing Inspector shall seta time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given the opportunity to be heard and to show why such notice should be modified or withdrawn.

   (B)   The hearing shall be commenced not later than ten days after the day on which the petition was filed, provided that upon application of the petitioner, the Housing Inspector may postpone the date of the hearing for a reasonable time beyond such ten-say period if in his or her judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Housing Inspector 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 Inspector 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 ten days after such notice is served. The proceedings at such hearing, including the findings and decision of the Housing Inspector, 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.

   (C)   Any person aggrieved by the decision of the Housing inspector may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.

(Ord. 962-99, passed 11-8-99)

   Whenever the Housing Inspector 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 Inspector 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 Inspector shall continue such order in effect, modify it or revoke it.

(Ord. 962-99, passed 11-8-99)

   The Housing Inspector is hereby authorized and empowered to make and establish 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 any way alter, amend or supersede any of the provisions thereof. The Housing Inspector shall file a certified copy of all rules and regulations which he or she may establish in his or her office and in the office of the Township Clerk.

(Ord. 962-99, passed 11-8-99)

   No person shall rent to another for occupancy any dwelling, dwelling unit or premises for the purpose of living therein which does not conform to the provisions of the Regulations for Maintenance of Hotels and Multiple Dwellings and the New Jersey Housing Code.

(Ord. 962-99, passed 11-8-99; Am. Ord. 266-15, passed 5-11-15)

   No lightning protection system may be installed on any residential structure or dwelling unless such system meets the following minimum standards:

   (A)   Must be a lightning protection system engineered and designed in accordance with one of the following nationally recognized standards:

      (1)   The National Fire Protection Association's Standard for the installation of Lightning Protection Systems (NFPA 780);

      (2)   The Master Label Program of LIL 96 or UL:96A; or

      (3)   The Certified System Program of the Lightning Protection Institute; and

   (B)   Must be installed by a contractor qualified and experienced in the installation of lightning protection systems.

(Ord. 962-99, passed 11-8-99)

   No lightning protection system shall be installed on any dwelling, dwelling unit or premises located within the Township prior to issuance of a review letter by the Housing Inspector stating that the system and its installation complies with this chapter. Application for a review letter shall be made by submission of the following information to the Housing Inspector:

   (A)   The name, address and professional qualifications of the contractor or other person who will install the lightning protection system;

   (B)   A detailed proposal of the work that the contractor or other person plans to perform to install the lightning protections system; and

   (C)   The manufacturer's specifications for installation of the lightning protection system.

(Ord. 962-99, passed 11-8-99)

   (A)   Within 15 days following receipt of the application materials required by § 151.41 above, the Housing Inspector shall review the application to determine each of the following:

      (1)   Whether the planned lightning protection system is an engineered system designed in accordance with one of the following nationally recognized standards:

         (a)   The National Fire Protection Association's Standard for the Installation of Lightning Protection Systems (NFPA 780);

         (b)   The Master Label Program of UL 96 or UL 96A; or

         (c)   The Certified System Program of the Lightning Protection Institute.

      (2)   Whether the contractor or other person planning to install the lightning protection system has presented sufficient evidence of his or her professional qualifications for installation of lightning protection systems; and

      (3)   Whether the proposal submitted by the contractor or other person contains the work necessary to install the lightning protection system in accordance with one of the nationally recognized standards described in this subsection (A) above.

   (B)   If the Housing Inspector determines that the proposed installation of the lightning protection system complies with § 151.41, the Housing Inspector shall issue a review letter stating that the application meets the requirements of this chapter.

   The Housing Inspector shall have the authority to cite or issue a complaint to any person who violates or fails to comply with the provisions of §§ 151.40 through 151.42. Residents of the Township also may file complaints with the Housing Inspector for violation of §§ 151.40 through 151.42 by any owner or occupant of any dwelling, dwelling unit or premises within the Township.

   Any person convicted after a hearing of violating or failing to comply with any of the provisions of this chapter shall be punished by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or both, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

(Ord. 962-99, passed 11-8-99)