[HISTORY: Adopted by the Board of Commissioners
of the Village of Ridgefield Park 4-25-1972 (Ch. 122 of the 1985 Code). Amendments
noted where applicable.]
[Amended 7-24-1990 by Ord. No. 7-90[1]]
Pursuant to the provisions of Chapter 21, P.L.
1946 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code,
as approved by the State of New Jersey Department of Community Affairs,
Division of Housing and 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. Three
copies of the New Jersey State Housing Code have been placed on file
in the office of the Village Clerk and are available to all persons
desiring to use and examine the same.
[Amended 7-24-1990 by Ord. No. 7-90[1]]
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 by this chapter as
the standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation.
[Amended 7-24-1990 by Ord. No. 7-90[1]]
The Construction Official of the Village is
hereby designated as the public officer to exercise the powers prescribed
by this chapter (as provided by the adopted provisions of the New
Jersey Housing Code), and he shall serve in such capacity without
any additional salary.
The Health Officer is hereby authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Village
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 Health Officer 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 Health Officer 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.
A.
Whenever the Health Officer 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 and 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
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 Commissioner
to whom the Health Officer shall be assigned by resolution of the
Board of Commissioners of the Village, provided such person shall
file in the office of the Village Clerk 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 Commissioner to whom the Health Officer shall be
assigned by resolution of the Board of Commissioners 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 Commissioner to whom the Health Officer shall
be assigned by resolution of the Board of Commissioners may postpone
the date of the hearing for a reasonable time beyond such ten-day
period if, in his judgment, the petitioner has submitted a good and
sufficient reason for such postponement. After such hearing, the Commissioner
to whom the Health Officer shall be assigned by resolution of the
Board of Commissioners shall sustain, modify or withdraw the notice,
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. If the Commissioner to whom the Health Officer shall
be assigned by resolution of the Board of Commissioners 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 Village Clerk within 10 days after such notice is served. The
proceedings at such hearing, including the findings and decision of
the Commissioner to whom the Health Officer shall be assigned by resolution
of the Board of Commissioners, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Village
Clerk. 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 such Commissioner may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of this state.
C.
Whenever the Health Officer 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 whom such order is directed shall comply
therewith immediately but, upon petition to the Commissioner to whom
the Health Officer shall be assigned by resolution, 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 Commissioner shall continue such order in effect or modify
it or revoke it.
The Health Officer, subject to the approval
of the same by a formal resolution of the Board of Commissioners,
is hereby authorized and empowered to make and adopt such written
rules and regulations as he may deem necessary for the proper enforcement
of the provisions of this chapter, provided 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
Health Officer shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Village
Clerk.
