[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 12-2-1987. Amendments noted where applicable.]
Development procedures — See Ch. 15.
Unsafe buildings — See Ch. 67.
Certificates of land use compliance — See Ch. 70.
Uniform construction codes — See Ch. 75.
Firesafety — See Ch. 93.
Land maintenance — See Ch. 110.
Public health nuisances — See Ch. 119.
Rental regulations — See Ch. 136.
Subdivision and site plan review — See Ch. 150.
Zoning — See Ch. 167.
Housing Inspector of the Borough of Longport shall be and he is hereby designated as the officer to exercise the powers prescribed by this chapter, and he shall serve in the Department of the New Jersey Uniform Construction Code Enforcing Agency.
There is created in the Borough of Longport a Housing Inspector and a New Jersey State Uniform Construction Code Enforcing Agency under the direction of Revenue and Finance pursuant to the following codes and regulations which are adopted by reference by the Borough of Longport as provided in N.J.A.C. 5:23 for the purpose of governing rules relating to the construction, alteration, renovation, rehabilitation, maintenance, occupancy and use of buildings and structures using the particular codes and standards as follows, and any amendments thereto, save and except such portions as are deleted, modified and amended within the Code of the Borough of Longport, and the same are hereby adopted as standards:
BOCA National Building Code/1987.
BOCA National Fire Prevention Code/1987.
BOCA National Mechanical Code/1987.
BOCA National Energy Conservation Code/1987.
CABO One- and Two-Family Code 1986.
National Standard Plumbing Code 1986.
National Electrical Code 1987.
NFIPA National Fire Codes 1987.
ASTM Building Code Standards 1987.
Gypsum Association Fire Resistance Design Manual 1981.
Uniform Construction Code, State of New Jersey, 1987.
Uniform Fire Code, State of New Jersey, 1987.
Pursuant to the provisions of P.L. 1946, c. 21, (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code (1980 Revision), as may be amended, as approved by the Department of Community Affairs 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 municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code (1980 Revision), as may be amended, is annexed to this chapter, and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
The Housing Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Longport in order that he may perform his duties of safeguarding the health and safety of the occupants of dwellings and of 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 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 Housing Inspector 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.
[Amended 5-16-2001 by Ord. No. 2001-06; 12-17-2003 by Ord. No. 2003-17]
The fee for a unit inspection application is $100.
Whenever the Housing Inspector 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 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 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 personally or if a copy thereof is sent by certified 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. 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.
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 that such person shall file in the office of the Housing Inspector 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 Housing Inspector 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 date 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-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for postponement.
After such hearing, the Housing Inspector shall sustain, modify or withdraw the notice, depending upon 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 Housing Inspector within 10 days after such notice is served.
The proceedings at such hearings, 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 Borough Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
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 this state.
Whenever the Housing Inspector 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 this 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 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 or modify it or revoke it.
The Housing Inspector 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 anywise alter, amend or supersede any of the provisions thereof. The Housing Inspector shall file a certified copy of all rules and regulations which he may adopt in his office and the office of the Clerk of the Borough of Longport.
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 (1980 Revision), as may be amended, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $500 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.