[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 9-23-1975 by Ord. No. 1055. Amendments
noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 36.
Unfit buildings — See Ch. 108.
Uniform construction codes — See Ch. 119.
Fire prevention — See Ch. 139.
Garbage, rubbish and refuse — See Ch. 152.
Hotels and boardinghouses — See Ch. 160.
Property maintenance — See Ch. 206.
Rental property — See Ch. 212.
The Building Inspector of the Borough of Hasbrouck
Heights be and he 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 P.L. 1946, c.
21 (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.
The Building 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 Hasbrouck Heights in order that he may perform his duty of safeguarding
the health and safety of the occupants of dwellings and the general
public. For the purpose of making such inspections, the Building 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 Building 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.
Whenever the Building Inspector determines that
there are reasonable grounds to believe that there has been a violation
of any of the provisions 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 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.
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 public or private hearing on the matter before
the Mayor and Council, provided that such person shall file in the
office of the Borough 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 Borough Clerk 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.
B.
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 Mayor and Council may postpone
the date of the hearing for a reasonable time beyond such ten-day
period if, in its judgment, the petitioner has submitted a good and
sufficient reason for such postponement.
C.
After such hearing, the Mayor and Council shall sustain,
modify or withdraw the notice, depending on its findings as to whether
the provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with. If the Mayor and Council
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 Borough Clerk within 10 days after such notice is served.
D.
The proceedings at such hearing, including the findings
and determination of the Mayor and Council, 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.
E.
Any person aggrieved by the decision of the Mayor
and Council may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state.
F.
Whenever the Building 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 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 Mayor and Council, shall be afforded a hearing
as soon as possible. After such hearing, depending upon its findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Mayor and Council shall continue such order in effect or modify it
or revoke it.
A.
The Building 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.
B.
The Building Inspector 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 Hasbrouck Heights.
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.[1]
