[HISTORY: Adopted by the Borough of Rutherford Board of Health 12-16-1963
by Ord. No. 5-63. Amendments noted where applicable.]
GENERAL REFERENCES
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,[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 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.
[1]
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:
A.
Be put in writing.
B.
Include a statement of the reasons why it is being issued.
C.
Allow a reasonable time for the performance of any act
it requires.
D.
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.
