[HISTORY: Adopted by the Mayor and Council
of the Borough of Palmyra 3-11-1968 (Ch. 36 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe or unfit buildings — See Ch. 86.
Certificates of occupancy — See Ch. 93.
Uniform construction codes — See Ch. 95.
Fire prevention — See Ch. 121.
Land development — See Ch. 158.
Property maintenance — See Ch. 203.
Plumbing standards — See Ch. 285.
Public heath nuisances — See Ch. 288.
[Amended 4-14-1975 by Ord. No. 2-75; 10-11-1994 by Ord. No.
1994-18]
The Construction Code Official and Code Enforcement Officer of the Borough of Palmyra are hereby designated as the officers to exercise the powers prescribed by this chapter, and they shall serve in such capacity without any additional salary. In addition, the County Health Officer of Burlington County is hereby designated as an officer to exercise the powers under § 142-3 of this chapter and the power to make a determination that there has been a violation of this chapter, or of any rule or regulation adopted pursuant thereto, and to give notice of such alleged violation to the person or persons responsible therefor as provided for in § 142-4 of this chapter. The County Health Officer shall have the same power as the Construction Code Official and Code Enforcement Officer, as provided for in § 142-4 of this chapter, in the event of an emergency, to issue orders to meet any such emergency.
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 Department 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,[1] 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.
[1]
Editor's Note: Said copy is on file in the Borough offices.
[Amended 10-11-1994 by Ord. No. 1994-18]
The Construction Code Official and Code Enforcement
Officer are hereby authorized and directed to make inspections to
determine the condition of dwellings, dwelling units, rooming units
and premises located within the Borough of Palmyra in order that they
may perform their 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 Code Official and Code
Enforcement Officer are 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 Code Official and Code Enforcement 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 order issued pursuant to the provisions of this
chapter.
[Amended 10-11-1994 by Ord. No. 1994-18]
Whenever the Construction Code Official and
Code Enforcement Officer determine 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, they
shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided.
A.
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 effect compliance with the provisions of this
chapter 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 chapter,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Construction
Code Official and Code Enforcement Officer, provided that such person
shall file in the office of the Construction Code Official and Code
Enforcement Officer 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 Construction Code Official and Code Enforcement Officer 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 Construction Code Official and
Code Enforcement Officer may postpone the date of the hearing for
a reasonable time beyond such ten-day period if, in their judgment,
the petitioner has submitted a good and sufficient reason for such
postponement. After such hearing, the Construction Code Official and
Code Enforcement Officer shall sustain, modify or withdraw the notice,
depending upon their findings as to whether the provisions of this
chapter, and of the rules and regulations adopted pursuant thereto,
have been complied with. If the Construction Code Official and Code
Enforcement Officer sustain or modify such notice, it shall be deemed
to be an order.
D.
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 Construction Code Official and Code Enforcement
Officer within 10 days after such notice is served. The proceedings
at such hearing, including the findings and decision of the Construction
Code Official and Code Enforcement Officer, 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 Construction
Code Official and Code Enforcement Officer may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
the state.
F.
Whenever the Construction Code Official and Code Enforcement
Officer find that an emergency exists which requires immediate action
to protect the public health or safety, they may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as they deem 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 Construction Code Official and Code Enforcement Officer, shall
be afforded a hearing as soon as possible. After such hearing, depending
upon their findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied
with, the Construction Code Official and Code Enforcement Officer
shall continue such order in effect or modify it or revoke it.
[Amended 10-11-1994 by Ord. No. 1994-18]
The Construction Code Official and Code Enforcement
Officer are hereby authorized and empowered to make and adopt such
written rules and regulations as they 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 any way alter, amend or supersede
any of the provisions thereof. The Construction Code Official and
Code Enforcement Officer shall file a certified copy of all rules
and regulations which they may adopt in their office and in the office
of the Borough Clerk.
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 or which
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.
