[Amended 4-16-2008 by Ord. No. 1936-08]
There is hereby established in the Borough of Hawthorne the
position of Housing Officer, to be filled by appointment by the Mayor.
Such Housing Officer shall be and is hereby designated as the officer
to exercise the power prescribed by this chapter. Whenever circumstances
shall so require, more than one such Housing Officer may be appointed
by said Mayor, in which event each Housing Officer so appointed shall
exercise said powers.
[Amended 1-27-1988 by Ord. No. 1453; 12-20-1989 by Ord. No. 1510; 4-16-2008 by Ord. No. 1936-08]
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1
et seq.), the New Jersey State Housing Code (2005 Edition), or any
subsequent edition duly approved and certified by the Department of
Community Affairs 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. Three copies
of the New Jersey State Housing Code (2005 Edition) 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 Housing 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 Hawthorne
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 Housing 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 Housing 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 rule or regulation adopted or any lawful order issued pursuant
to the provisions of this chapter.
The Housing 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 Housing Officer shall
file a certified copy of all rules and regulations which he may adopt
in his office and in the office of the Borough Clerk of the Borough
of Hawthorne.
[Amended 1-27-1988 by Ord. No. 1453; 12-20-1989 by Ord. No. 1510; 4-16-2008 by Ord. No. 1936-08]
A. 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.
B. Except as otherwise stated, any person, firm or corporation who shall
violate any of the provisions of this chapter shall, upon conviction,
be punished by a fine not to exceed $2,000 or imprisonment for a term
not to exceed 90 days or a requirement to perform community service
for a period not to exceed 90 days, and each violation of any of the
provisions of this chapter each day the same is violated shall be
deemed and taken to be a separate and distinct offense.