[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.
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 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.