[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 6-10-1975 (Ch. 112 of the 1991 Code). Amendments noted where applicable.]
[Amended 8-13-1991 by Ord. No. 91-5]
The Construction Official, the Building Subcode
Official and the Plumbing Subcode Official of the Borough of Newfield
in the County of Gloucester 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.
[Amended 8-13-1991 by Ord. No. 91-5[1]]
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 promulgated by the Department of Community Affairs and filed in the Secretary of State's office, shall be used as a standard and 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 on file at the Newfield Borough Hall and is available to all persons desiring to use and examine the same.
[Amended 8-13-1991 by Ord. No. 91-5]
The officials named in § 145-1 above are hereby authorized and directed to make inspections (individually or in a group) to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Newfield, New Jersey, in order that he or they may perform his or 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 officials and members of the Department of Licensing and Inspection 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 officials and officers of the Department of Licensing and Inspection free access to such dwelling, dwelling unit and rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a 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.
[Amended 8-13-1991 by Ord. No. 91-5]
A.
Whenever the Mayor and Council and/or the Department
of Licensing and Inspection determines that there are reasonable grounds
to believe that there have been violations of any provision of this
chapter or of any rule or regulation adopted pursuant thereto, it
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; and be served upon the owner or his agent or upon the occupant,
as the case may require. 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.
B.
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 Mayor and
Council and/or the Department of Licensing and Inspection, provided
that such person shall file in the office of the Borough Clerk, Borough
Hall, West Boulevard, Newfield, New Jersey, a written petition requesting
such hearing and setting forth a brief statement of the grounds thereof
within 10 days after the day the notice was served. Upon receipt of
such petition, the Mayor and Council and/or the Department of Licensing
and Inspection 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 Mayor and Council
and/or the Department of Licensing and Inspection 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.
C.
After such hearing, the Mayor and Council and/or the
Department of Licensing and Inspection shall sustain, modify or withdraw
the notice, depending upon the findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with. If the Mayor and Council and/or the
Department of Licensing and Inspection sustains or modifies 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 Borough Clerk within
10 days of such notice being served.
D.
The proceedings at such hearing, including the findings
and decision of the Mayor and Council and/or Department of Licensing
and Inspection, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Mayor and Council
and/or Department of Licensing and Inspection. 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 Mayor and
Council and/or Department of Licensing and Inspection may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of the state.
E.
Whenever the Mayor and Council and/or the Department
of Licensing and Inspection finds that an emergency exists which requires
immediate action to protect the 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
chapter, such order shall therewith immediately become effective.
Any person to whom such order is directed shall comply therewith immediately,
but upon petition to the Mayor and Council and/or Department of Licensing
and Inspection, shall be afforded a hearing as soon as possible. After
such hearing, depending upon the findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Mayor and Council and/or the
Department of Licensing and Inspection shall continue such order in
effect, modify it or revoke it.
[Amended 8-13-1991 by Ord. No. 91-5[1]]
The Mayor and Council and/or the Department
of Licensing and Inspection 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, the New Jersey State Housing
Code or any other state law or regulation, nor in anywise alter, amend
or supersede any of the provisions thereof. The Mayor and Council
and/or the Department of Licensing and Inspection shall file a certified
copy of all rules and regulations which it may adopt in its office
and in the office of the Borough Clerk of the Borough of Newfield,
New Jersey, Borough Hall, West Boulevard and Salem Avenue, Newfield,
New Jersey.
A.
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.
B.
Inspections and certificates of occupancy are required
upon sale or rental of premises.
[Added 12-11-1990 by Ord. No. 90-8]
(1)
No person shall rent or convey title to any residential
property in the Borough of Newfield consisting of one or two dwelling
units without first obtaining a certificate of occupancy in the manner
herein provided certifying that said premises conform to the provisions
of the New Jersey State Housing Code established hereby.
(2)
No person shall rent or convey title to any business
property in the Borough of Newfield without first obtaining a certificate
of occupancy in the manner provided herein.
(3)
Prior to conveying title to any premises described
in the preceding subsection, an owner shall apply to the Construction
Officer for such certificate of occupancy. The Construction Officer
or his representative shall inspect the premises within 10 days of
said application and, upon determining that all provisions of this
chapter have been complied with, shall issue a certificate of occupancy
permitting occupancy of said premises. Such certificate of occupancy
shall indicate that compliance has been met. If, upon inspection,
the dwelling unit is found to be not in compliance, the Construction
Officer or his representative shall notify the owner in writing of
such noncompliance, specifically setting out those violations requiring
correction. Upon correction of the violation(s), the owner shall notify
the Construction Officer, who shall within five days reinspect the
required correction(s). This procedure shall be followed until all
violations have been corrected, at which time a certificate of occupancy
shall issue as above provided.
(4)
Fees.
[Amended 6-12-2007 by Ord. No. 2007-4; 6-10-2021 by Ord. No. 2021-2]
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 $2,000, by imprisonment in the county jail
for a period of not to exceed 90 days, and/or a period of community
service not exceeding 90 days; 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.
