[Adopted 5-26-1975 as Sec. 11-2
of the 1975 Code, as amended through Ord. No. 451-91]
Pursuant to N.J.S.A. 40:49-5.1, the Housing
Code of the BOCA Code, 1970 edition, is hereby accepted, adopted and
established in and for the Borough of Old Tappan as a standard governing
supplied utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation
or occupancy or use and governing the conditions of dwellings. A copy
of the BOCA Housing Code, 1970 edition, is annexed to this article
and incorporated as if fully set forth at length herein, and three
copies of the same have been placed on file in the office of the Borough
Clerk and will remain on file for the use and examination of the public.
This article, together with the BOCA Housing
Code, shall be known as the "Housing Code of the Borough of Old Tappan,
Bergen County, New Jersey," and they are hereinafter referred to as
"this code."
The provisions of this code shall apply in all
buildings and structures that are specifically provided for in the
BOCA Housing Code, but not limited thereto.
The Building Inspector or, in his/her absence
or incapacity, the Assistant Building Inspector of the Borough be
and hereby is designated as the officer to exercise the powers described
within this section, and (s)he shall serve in such capacity without
any additional salary. The Building Inspector is hereby authorized
and empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this section,
including the following, in addition to any others herein granted:
A.
To investigate the dwelling conditions in the Borough
in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examinations,
provided that such shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
A.
Authorization. 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
in order that s(he) may perform the 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 and premises.
B.
Duty of owner or occupant. The owner or occupant of
every dwelling or dwelling unit, or the person in charge thereof,
shall give the Building Inspector, upon proper identification, free
access to such dwelling, dwelling 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/her 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 section or with any
lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions of this section.
C.
Search warrant. The Building Inspector may, upon affidavit,
apply to the Municipal Judge for a search warrant setting forth factually
the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this section exists
on the premises, and if the Municipal Judge is satisfied as to the
matter set forth in the affidavit, (s)he shall authorize the issuance
of a search warrant permitting access to and inspection of that part
of the premises on which the nuisance or violation may exist.
