[HISTORY: Adopted by the Borough Council of the Borough of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-1967 by Ord. No. 7-1967 (Ch. 46 of the 1975 Code)]
The County Board of Health and its duly authorized agent are hereby designated as the officer to exercise the powers prescribed by this article, and they shall serve in such capacity without any additional salary.
Pursuant to the provisions of P.L. 1946, c. 21 (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 article 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 Board of Health and its duly authorized agents 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 Pemberton in order that they may perform their duties of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Board of Health and its duly authorized agents 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 Board of Health and its duly authorized agents 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 article with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
Whenever the Board of Health or its duly authorized agents determine that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, notice of such alleged violation shall be given 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.
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 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 article 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 article or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board of Health, provided such person shall file in the office of the Board of Health 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 Board of Health 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 Board of Health 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 Board of Health shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with.
If the Board of Health sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Board of Health within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision of the Board of Health, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Board of Health. 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 Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by laws of the state.
Whenever the Board of Health or its duly authorized agent finds that an emergency exists which requires immediate action to protect public health or safety, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board of Health shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Board of Health shall continue such order in effect, or modify it or revoke it.
The Board of Health and its duly authorized agents 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 article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article nor in anywise alter, amend or supersede any of the provisions thereof. The Board of Health and its duly authorized agents shall file a certified copy of all rules and regulations which they may adopt in their office and in the office of the Clerk of the Borough of Pemberton.
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 8-18-1975 by Ord. No. 9-1975]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, Article I, of the Code of the Borough of Pemberton; and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Adopted 10-20-2003 by Ord. No. 2003-2]
No owner, agent of owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall sell, transfer, assign, or grant the title or change in ownership of any home, dwelling, apartment, cooperative or condominium unit which is used or intended to be used for human occupancy until and unless a certificate of occupancy certifying that the building, unit and premises are in compliance with the requirements of the current International Property Maintenance Code and all other codes and ordinances of the Borough of Pemberton regulating and governing matters of health, sanitation, maintenance and use of any structure for human occupancy.
The certificate of occupancy shall first be obtained from the Code Enforcement Official, which certificate of occupancy shall be granted or denied within 10 business days from the date of application for the same.
The Code Enforcement Official shall cause to be prepared appropriate application forms for such certificate of occupancy, which forms shall be available at the Clerk's office in the municipal building.
The Code Enforcement Official shall also cause to be prepared appropriate forms of such certificate of occupancy.
A charge of $50 to cover the cost of initial inspection requirements in connection with such application shall be paid to Pemberton Borough at the time the application is filed and shall not be refundable.
An additional charge of $35 shall be charged for each additional inspection required to assure completion.
The certificate of occupancy shall be good for 60 days.
Any person, firm, or designee set forth in § 117-8 above violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day that a violation continues after due notice has been served shall be deemed a separate offense.