[HISTORY: Adopted by the Borough Council of the Borough of Stone
Harbor as Sec. 13-8 of the 1982 Revised General Ordinances. Amendments noted
where applicable.]
The county health officer and the Construction Official of the Borough
of Stone Harbor be and they are hereby designated as the officers to exercise
the powers prescribed by the within section, and they shall serve in such
capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1)
the New Jersey State Housing Code as approved by the Departments of Health and
Senior Services, 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 section 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 Construction Official is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units, rooming
units, and premises located within the Borough, 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
Construction Official 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 Construction Official 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 section or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this section.
A.
Whenever the Construction Official determines that there
are reasonable grounds to believe that there has been a violation of any provision
of this section, 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:
(1)
Be put in writing;
(2)
Include a statement of the reasons why it is being issued;
(3)
Allow a reasonable time for the performance of any act
it requires; and
(4)
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.
B.
Such notice may contain an outline of remedial action which,
if taken, will affect compliance with the provisions of this section and with
rules and regulations adopted pursuant thereto.
C.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this section, or of
any rule or regulation adopted pursuant thereto, may request and shall be
granted a hearing on the matter before the members of Council, provided 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. 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 Borough Clerk 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 such postponement. After such
hearing the members of Council shall sustain, modify, or withdraw the notice,
depending upon his findings as to whether the provisions of this section and
of the rules and regulations adopted pursuant thereto have been complied with.
If the members of Council sustain or modify such notice, it shall be deemed
to be an order. Any notice served pursuant to this section 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. The proceedings
at such hearing, including the findings and decision of the members of 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. Any
person aggrieved by the decision of the members of Council may seek relief
therefrom in any court of competent jurisdiction, as provided by the laws
of the state. Whenever the Construction Official finds that an emergency exists
which required 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 the emergency. Notwithstanding the other provisions of this section,
such order shall be effective immediately. Any person to whom such order is
directed shall comply therewith immediately but upon petition to the members
of Council shall be afforded a hearing as soon as possible. After such hearing,
depending upon the findings as to whether the provisions of this section,
and of the rules and regulations adopted pursuant thereto have been complied
with, the members of Council shall continue such order in effect, or modify
it, or revoke it.
The Construction Official 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 section, nor in any way alter, amend or supersede any of the provisions
thereof. The Construction Official 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.
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 subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code, and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
