Township of Hanover, NJ Article III Enforcement

§ 218-8 Enforcement authority.

[Amended 3-13-1997 by Ord. No. 10-97; 4-28-2011 by Ord. No. 12-11]

It shall be the duty and responsibility of the Building Inspector of the municipality to enforce the provisions of the Property Maintenance Code as herein provided (hereinafter referred to as the "Code"). "Building Inspector," throughout this chapter, shall also mean subordinates of the Building Inspector. The officials designated by the Township to assist the Building Inspector in the performance of those duties and daily responsibilities associated with the enforcement of the provisions of the Property Maintenance Code shall be the Construction Official, Zoning Officer, Assistant Zoning Officer and Assistant Property Maintenance Officer.

§ 218-9 Identification and conduct of inspectors.

Public officers and inspectors shall be supplied with official identification and, upon request, shall exhibit such identification when entering any structure or other part of the premises subject to this code. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to the occupants. They shall explain the purpose of their visit to the occupants.

§ 218-10 Coordination of inspections.

A. Inspection of premises and the issuing of orders in connection therewith under the provisions of this code shall be the exclusive responsibility of the Building Department of the municipality.

B. Wherever, in the opinion of the Building Inspector, it is necessary or desirable to have inspections of any condition by any other department, he shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders.

C. No order for correction of any violation under this code shall be issued without the approval of the Building Inspector, and it shall be the responsibility of that Inspector, before issuing any such order, to determine that it has the concurrence of any other department or official of the government concerned with any matter involved in the case in question.

§ 218-11 Administrative liability.

A. Except as may otherwise by provided by statute or local law or ordinance, no officer, agent or employee of the municipality charged with the enforcement of this code shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this code.

B. No person who institutes or assists in the prosecution of criminal proceeding under this code shall be liable to damages hereunder unless acting with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission.

C. Any suit brought against any officer, agent or employee of the municipality as a result of any act required or permitted in the discharge of his duties under this code shall be defended by the legal representatives of the municipality until the final determination of the proceedings therein.

§ 218-12 Inspections; right of entry; denial of entry.

A. When the Building Inspector believes or has reason to believe that violations of the provisions of this code exist, he shall make or cause to he made inspections to determine the condition of such suspect structures and premises in order to safeguard the safety and welfare of the public under the provisions of this code.

B. The Building Inspector is authorized to enter any structure or premises at any reasonable time for the purpose of performing his duties under this code.

C. All inspections as provided for herein shall be made with the permission of the owner, operator or occupant. When requesting such permission, the Building Inspector shall advise the owner, operator or occupant of his right to refuse such permission. In the event that such permission is denied to the Building Inspector upon request, the provisions of § 218-13 of this chapter shall be complied with.

§ 218-13 Issuance of search warrant when entry refused.

A. Where any public officer or duly appointed inspector is refused entry or access or is otherwise impeded or prevented from conducting an inspection pursuant to this chapter by the owner, operator or occupant of any premises, such public officers may, upon affidavit, apply to the Judge of the Township of Hanover for a search warrant. If the Judge is satisfied as to the matter set forth in said affidavit and if he finds that probable cause for issuance of the search warrant exists, he shall authorize the issuance of a search warrant permitting access to and inspection of the particularly described building in a particularly described area.

B. Probable cause permitting the issuance of the aforesaid search warrant may include but is not limited to the following:

(1) The passage of time.

(2) The nature of the building or buildings.

(3) The condition of the entire area.

(4) A valid public interest.

(5) Belief that a nuisance is maintained.

(6) Belief that a violation of this code is maintained.

§ 218-14 Access to structure by owner or operator.

Every occupant of a structure shall give the owner or operator thereof or his agent or employee access to any part of such structure or its premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.