[Adopted 5-12-1998 by Ord. No. 1724-98]
[Amended 4-27-2021 by Ord. No. 2570-2021]
A. 
A certain document, three copies of which are on file in the office of the Municipal Clerk of the Borough of Fair Lawn, being marked and designated as "The BOCA National Property Maintenance Code, Fifth Edition, 1996," as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Fair Lawn, in the State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, as set forth therein.
B. 
New Jersey State Housing Code, Subchapter 1, Standards of Habitability. Pursuant to N.J.S.A. 40:49-5.1, the provisions of Subchapter 1, Standards of Habitability, of the New Jersey State Housing Code, N.J.A.C. 5:28-1.1 through 1.13, as approved 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 in determining the fitness of a building for human habitation, occupancy, and use, as well as the respective obligations of owners and occupants in ensuring building fitness. Three copies of New Jersey State Housing Code, Standards of Habitability, are on file in the office of the Municipal Clerk of the Borough of Fair Lawn, being marked and designated as "New Jersey State Housing Code, N.J.A.C. 5:28-1.1 - 1.13."
[Amended 4-27-2021 by Ord. No. 2570-2021]
All other ordinances or parts of ordinances inconsistent with this article are hereby repealed. Where the provisions of § 170-33A conflict with § 170-33B, the provisions of § 170-33B shall take precedence.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 170-34 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Added 4-27-2021 by Ord. No. 2570-2021]
The provisions of the model codes adopted in § 170-33 shall be the standard for determining the habitability of a dwelling unit. No person shall a) occupy as owner-occupant, or b) rent to another for occupancy, any dwelling that does not conform to the provisions of § 170-33 and is unfit for the purpose of living due to such nonconformities. The Borough Code Enforcement Officer ("Officer") shall enforce the provisions of this article in accordance with the provisions of §§ 170-18 through 170-22. All places and premises within the municipality shall be subject to inspection by the Officer, during reasonable business hours, if the Officer has reason to believe that any section of the codes is being violated. Notwithstanding anything herein to the contrary, upon the complaint of a tenant regarding alleged noncompliance with the State Housing Code, the Officer shall inspect the premises and provide a written report to the tenant of the Officer's findings. It shall be unlawful for any person to hinder, obstruct, unreasonably delay, resist, or prevent the Officer from having full access to any place or premises upon which a violation of the codes is believed to exist.