As used in this article, the following terms shall have the
meanings indicated:
OWNER
The holder or holders of the title to the premises in fee
simple or having charge, care or control of the premises, as owner
or agent of the owner or as executor, administrator, trustee, receiver
or guardian of the estate or mortgagee in possession, regardless of
how such possession was obtained.
TENANT
Any person residing with the consent of the owner in an apartment
or unit of housing space.
[Added 6-28-2007 by Ord. No. 2007-05]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter
1, Article
II, General Penalty, of the Code of the Borough of Wallington; and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Added 6-28-2007 by Ord. No. 2007-05]
A. Public officer. The public officer shall exercise the powers prescribed
by this article. He may appoint or designate such other municipal
officers or employees as his assistants as may be required to perform
such of his functions and powers under this article as he deems necessary
for the enforcement of this article, including the making of inspections
and the holding of hearings.
B. Inspection of premises. All premises within the Borough of Wallington
covered by this article shall be subject to inspection from time to
time by the public officer to determine the condition thereof in order
that he may perform his duty of safeguarding the health and safety
of the persons occupying the same and of the general public. For the
purpose of making such inspections, the public officer is hereby authorized
to enter, examine and survey, at all reasonable times, all such premises;
provided, however, that such entries are made in such manner so as
to cause the least possible inconvenience to the persons in possession.
The owner, operator and persons occupying the same shall give the
public officer free access to the same at all reasonable times for
the purpose of such inspection. Every person occupying such premises
shall give the owner and operator thereof access to that portion of
such premises at reasonable times for the purpose of making such repairs,
alterations or corrections as are necessary to effect compliance with
the provisions of this article or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
article.
C. Search warrants. If the public officer is denied the right of inspection
by the owner or operator or occupant of a building, he may, upon affidavit
establishing good cause, apply to the Municipal Court or such other
court of competent jurisdiction for a search warrant to permit entry
into the premises in question.
[Added 6-28-2007 by Ord. No. 2007-05]
The provisions of Chapter
276, Property Maintenance, including the additional remedies provided to the public officer, shall be applicable to apartments controlled by this Article
II. To the extent that this Article
II shall provide stricter standards or penalties or shall be inconsistent with Chapter
276, this article shall control.