[HISTORY: Adopted by the Borough Council of the Borough of Haledon 11-11-1974
by Ord. No. 10-14-74 (Ch. 131 of the 1984 Code). Amendments
noted where applicable.]
The Building Inspector of the Borough of Haledon is hereby designated
as the officer to exercise the powers prescribed by this chapter, and he shall
serve in capacity without any additional salary.
Pursuant to the provisions of P.L. 1946, c. 2 (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 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.
The Building Inspector 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 Haledon 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
Building Inspector 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 Building Inspector 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 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.
A.
Whenever the Building Inspector 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, include
a statement of the reasons why it is being issued, allow a reasonable time
for the performance of any act it requires and 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 of 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 Mayor and Council, provided that such person
shall file in the office of the Building Inspector 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 Mayor and Council 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 no more than 10 days
after the day on which the petition was filed, provided that upon application
of the petitioner the Mayor and Council may postpone the date of the hearing
for a reasonable time beyond such ten-day period if in its judgment the petitioner
has submitted a good and sufficient reason for such postponement. After such
hearing, the Mayor and Council shall sustain, modify or withdraw the notice,
depending upon its findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied with.
If the Mayor and Council 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 Building Inspector within 10 days after such notice is served. The
proceedings at such hearing, including the findings and decision of the Mayor
and Council, 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 Mayor and Council may seek relief
therefrom in any court of competent jurisdiction, as provided by the laws
of the state.
C.
Whenever the Building Inspector 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 Mayor
and Council, shall be afforded a hearing as soon as possible. After such hearing,
depending upon its findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied with,
the Council shall continue such order in effect, or modify it or revoke it.
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.
[Amended 6-13-1984 by Ord. No. 5-9-84F]
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 county jail for a period of not to exceed 90
days, or 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.
This chapter is declared to be a regulatory ordinance and shall apply
to existing structures, to new structures built after the adoption of this
chapter and to changes in existing structures.