This chapter shall be known as the "Property
Maintenance Code of the Borough of Hasbrouck Heights," hereinafter
referred to as the "Property Maintenance Code" or "this code."
This chapter is to protect the public health,
safety and welfare in all existing structures, residential and nonresidential,
and on all existing premises as hereinafter provided by:
A. Establishing minimum maintenance standards for all
structures and premises for basic equipment and facilities for light,
ventilation, space heating and sanitation; for safety from fire; for
space, use and location; and for safe and sanitary maintenance of
all structures and premises now in existence.
B. Fixing the responsibilities of owners, operators and
occupants of all structures.
C. Providing for administration, enforcement and penalties.
This chapter shall be construed liberally and
justly to ensure public health, safety and welfare, insofar as they
are affected by the maintenance of structures and premises.
The provisions in this chapter shall not be
construed to prevent the enforcement of other ordinances or regulations
which prescribe standards other than are provided herein.
Any repairs or alterations to a structure or
changes of use herein which may be caused directly or indirectly by
the enforcement of this chapter shall be done in accordance with the
procedures and provisions of the Building Code.
The provisions in this chapter shall not be
deemed to abolish or impair existing remedies of the jurisdiction
or its officers or agencies relating to the removal or demolition
of any buildings which are deemed to be dangerous, unsafe and unsanitary.
This chapter shall not affect violations of
any other ordinance, code or regulation existing prior to the effective
date hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
As provided in §§
206-1 through
206-6, this chapter establishes minimum requirements for the initial and continued occupancy and use of all structures and premises and does not replace or modify requirements otherwise established by ordinance which may be additional or more stringent for the construction, repair, alteration or use of structures, equipment or facilities.
[Amended 1-5-2003 by Ord. No. 1997]
The Construction Official of the Borough of Hasbrouck Heights appointed pursuant to §
119-1 of this Code, together with such assistant or assistants to that Construction Official who may be appointed from time to time by the governing body as it deems necessary to serve at its will, shall be the Property Maintenance Code Official or Officials for the purpose of this chapter, and it shall be his, her or their duty and responsibility to enforce the provisions contained in this chapter.
[Amended 4-9-1984 by Ord. No. 1261; 1-25-1988 by Ord. No.
1445]
Where it does not conflict with Title 59 of
the New Jersey Statutes, any township official, officer or employee
who acts in good faith and without malice in the discharge of his
duties of enforcement of this chapter is relieved of all personal
liability for any damage that may accrue to persons or property as
a result of such acts or alleged failure to act. Further, he shall
not be held liable for any costs in any action, suit or proceeding
that may be instituted by him in the enforcement of this chapter.
In any of these actions, the official or employee shall be defended
or represented by the jurisdiction's attorney at law until the final
termination of the proceedings.
An official record shall be kept of all business
and activities of the department specified in the provisions of this
chapter, and all such records shall be open to public inspection at
all appropriate times and under reasonable regulations established
by the code official to maintain the integrity and security of such
records.