Borough of Palmyra, NJ Housing Standards

The Construction Code Official and Code Enforcement Officer of the Borough of Palmyra are hereby designated as the officers to exercise the powers prescribed by this chapter, and they shall serve in such capacity without any additional salary. In addition, the County Health Officer of Burlington County is hereby designated as an officer to exercise the powers under § 142-3 of this chapter and the power to make a determination that there has been a violation of this chapter, or of any rule or regulation adopted pursuant thereto, and to give notice of such alleged violation to the person or persons responsible therefor as provided for in § 142-4 of this chapter. The County Health Officer shall have the same power as the Construction Code Official and Code Enforcement Officer, as provided for in § 142-4 of this chapter, in the event of an emergency, to issue orders to meet any such emergency.

§ 142-2 Adoption of standards.

Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Department 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,[1] 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.

[1]

Editor's Note: Said copy is on file in the Borough offices.

§ 142-3 Inspections; right of entry.

[Amended 10-11-1994 by Ord. No. 1994-18]

The Construction Code Official and Code Enforcement Officer are hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Palmyra in order that they may perform their 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 Construction Code Official and Code Enforcement Officer are 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 Construction Code Official and Code Enforcement Officer 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 a 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 order issued pursuant to the provisions of this chapter.

§ 142-4 Notice of violation; hearing.

[Amended 10-11-1994 by Ord. No. 1994-18]

Whenever the Construction Code Official and Code Enforcement Officer determine 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, they shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided.

Such notice shall:

(1)

Be put in writing;

(2)

Include a statement of the reasons why it is being issued;

(3)

Allow a reasonable time for the performance of any act it requires; and

(4)

Be served upon the owner or his agent, or 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, if 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.

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 Construction Code Official and Code Enforcement Officer, provided that such person shall file in the office of the Construction Code Official and Code Enforcement Officer 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 Construction Code Official and Code Enforcement Officer 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 not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Construction Code Official and Code Enforcement Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in their judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Construction Code Official and Code Enforcement Officer shall sustain, modify or withdraw the notice, depending upon their findings as to whether the provisions of this chapter, and of the rules and regulations adopted pursuant thereto, have been complied with. If the Construction Code Official and Code Enforcement Officer sustain or modify 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 Construction Code Official and Code Enforcement Officer within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Construction Code Official and Code Enforcement Officer, 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 Construction Code Official and Code Enforcement Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.

Whenever the Construction Code Official and Code Enforcement Officer find that an emergency exists which requires immediate action to protect the public health or safety, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they deem 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 Construction Code Official and Code Enforcement Officer, shall be afforded a hearing as soon as possible. After such hearing, depending upon their findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Construction Code Official and Code Enforcement Officer shall continue such order in effect or modify it or revoke it.

§ 142-5 Additional rules and regulations.

[Amended 10-11-1994 by Ord. No. 1994-18]

The Construction Code Official and Code Enforcement Officer are hereby authorized and empowered to make and adopt such written rules and regulations as they may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in any way alter, amend or supersede any of the provisions thereof. The Construction Code Official and Code Enforcement Officer shall file a certified copy of all rules and regulations which they may adopt in their office and in the office of the Borough Clerk.

§ 142-6 Occupied dwellings.

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.

§ 142-7 Violations and penalties.

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $200 or by imprisonment in the county jail for a period of not to exceed 90 days, or by 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.