[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 8-25-1965 by Ord. No. 414. Amendments
noted where applicable.]
[Amended 4-25-2023 by Ord. No. 2092]
The Health Officer of the Board of Health of
Middlesex, New Jersey, or any New Jersey State licensed housing inspector
hired and designated by the Borough of Middlesex, be and 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 of
the Laws of 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 municipality are
safe, sanitary and fit for human habitation and rental. A copy of
the New Jersey State Housing Code 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.
[Added 5-9-1978 by Ord. No. 792]
Any and all regulations now or hereafter to
be adopted by the Commissioner of Community Affairs, together with
any amendments to the New Jersey State Housing Code, are hereby adopted
by reference and made a part of this chapter. A copy of the rules
and regulations adopted by the Commissioner of Community Affairs is
annexed to this chapter and made a part hereof, 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 same.
[Amended 4-25-2023 by Ord. No. 2092]
The Health Officer or Borough designee 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 Middlesex 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 Health Officer or Borough designee 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 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.
[Amended 4-25-2023 by Ord. No. 2092]
Whenever the Health Officer or Borough designee
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter, or 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:
A.Â
Be put in writing;
B.Â
Include a statement of the reasons why it is being
issued;
C.Â
Allow a reasonable time for the performance of any
act it requires; and
D.Â
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 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.
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.
[Amended 4-25-2023 by Ord. No. 2092]
The Health Officer or Borough designee 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 Health Officer or Borough designee shall file a certified
copy of all rules and regulations which he may adopt in his office
and in the office of the Clerk of the Borough of Middlesex, New Jersey.
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.
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 $200 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.
