[HISTORY: Adopted by the Mayor and Council of the Borough
of High Bridge 2-9-2006 as Ch. 42 of the 2006 Code of the Borough of High Bridge.
Amendments noted where applicable.]
The Health Officer of the Borough of High Bridge and/or the
Construction Code Official of the Borough of High Bridge and his assistants
or deputies or any one or all of them 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.
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 Conservation and Economic Development and filed in the
Secretary of State's office is hereby accepted, adopted and established,
except for amendments thereof as hereinafter set forth, 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.[1]
The Health Officer 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 High Bridge
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 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, except that the owner, occupant or person in charge thereof
shall have the right to refuse such entry for a period not to exceed
24 hours. 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 and 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.
A.
Whenever the Health Officer determines 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,
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, shall include a statement of the reasons why it is
being issued, shall allow a reasonable time for the performance of
any act it requires and shall be served upon the owner or his agent
or upon 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.
B.
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 Health Officer, 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 Health 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 Health Officer 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 Health Officer shall sustain,
modify or withdraw the notice, depending upon his findings as to whether
the provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with. If the Health Officer 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. The
proceedings at such hearing, including the findings and decision of
the Health 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. Any person aggrieved by the decision
of the Health Officer may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
C.
Whenever the Health Officer 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 such 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 Borough Clerk, shall be afforded a hearing
as soon as possible. After such hearing, depending upon his findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Health Officer shall continue such order in effect, or modify it or
revoke it.
The Health Officer 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 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 High
Bridge.
No person shall occupy as owner-occupant nor rent to another
for occupancy or allow a person to continue to occupy 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 $500 or by imprisonment in the country 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.
