[HISTORY: Adopted by the Borough of Rutherford Board of Health 12-16-1963 by Ord. No. 5-63. Amendments noted where applicable.]
Boardinghouses and lodging houses — See Ch. 14.
Clean environment — See Ch. 21.
Fire safety — See Ch. 34A.
Garbage, rubbish and refuse — See Ch. 40.
Housing Authority — See Ch. 46.
Numbering of buildings — See Ch. 63A.
Parking area lighting requirements — See Ch. 66.
Property Maintenance Code — See Ch. 78.
Unfit dwellings — See Ch. 123.
Abandoned vehicles and junk — See Ch. 125.
The Health Officer of the Board of Health, or his representative designated by him, be and he is hereby designated as the officer to exercise the powers prescribed by the within chapter, and he shall serve in such capacity without any additional salary. Said officer is hereinafter called the "Administrative Authority."
Pursuant to the provisions of c. 211, P.L. 1946, 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 chapter and three copies of the same have been placed on file in the office of the Board of Health Clerk and are available to all persons desiring to use and examine the same.
Editor's Note: See N.J.S.A. 26:3-31 et seq.
The Administrative Authority is hereby authorized and directed to make inspection to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Rutherford in order that he may perform his 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 Administrative Authority is 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 Administrative Authority 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 rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
Whenever the Administrative Authority determines 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, he shall give notice of such alleged violation 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 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 Board of Health, provided that 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 Administrative Authority 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 30 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Administrative Authority may postpone the date of the hearing for a reasonable time beyond such thirty-day period if in his 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 the ordinance 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 in 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 Administrative Authority 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 the laws of this state.
Whenever the Administrative Authority finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to which such order is directed shall comply therewith immediately but, upon petition to the Administrative Authority, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Administrative Authority shall continue such order in effect, modify it or revoke it.
The Board of Health is hereby authorized and empowered to make and adopt such written rules and regulations as it 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 anywise alter, amend or supersede any of the provisions thereof. The Administrative Authority shall file in his office and in the office of the Clerk of the Board of Health a certified copy of all rules and regulations which the Board of Health may adopt.
No person shall occupy as owner or 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.
Any person, firm or corporation who 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.
All other ordinances and parts of ordinances in conflict or inconsistent with this chapter are hereby repealed, but only to the extent of such conflict or inconsistency, and this chapter shall be in full force and effect immediately upon its adoption and its publication, as provided by law.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, the remaining portions of this chapter shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this chapter are hereby declared to be severable.
This chapter shall take effect 30 days after the date of the first publication thereof.