[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 4-14-1966 by Ord. No. 66-1. Amendments noted where
applicable.]
The Health Officer of the Borough of Chesilhurst
be and he is hereby designated as the officer to exercise the powers
prescribed by this chapter, and he shall serve in such capacity without
any additional salary.
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 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 Borough Clerk and are available
to all persons desiring to use and examine the same.
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 Borough
of Chesilhurst 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:
(1)
Be put in writing;
(2)
Include a statement of the reasons why it is being
issued;
(3)
Allow a reasonable time for the performance of any
act it requires; and
(4)
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.
B.
Such notice may contain an outline of remedial action
which, if taken, will affect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto.
C.
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 Health Officer,
provided such person shall file in the Office of the Borough 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 Health Officer
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 presiding officer may postpone the
date of the hearing for a reasonable time beyond the ten-day period,
if in his judgment the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing the Health Officer
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 Health Officer 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 Health Officer within 10 days after
such notice is served. The proceedings at such hearing, including
the findings and decision of the Health Officer, shall be summarized,
reduced to writing, and entered as a matter of public record in the
Office of Camden County Department of Health and Human Services. 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 Health Officer may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state. 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 Health Officer 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 Health Officer shall
continue such order in effect, or modify it, or revoke it.[1]
The Health Officer 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, 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 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 Clerk of
the Borough of Chesilhurst.
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.
A.
Any person,
firm or corporation who shall violate any of the provisions of this
chapter shall, upon conviction, be punished by a fine not exceeding
$2,000, imprisonment for a period not exceeding 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.
B.
In the
event the court wishes to impose a fine in an amount greater than
$1,250 upon an owner of real property for violations of housing or
zoning codes of the Borough, then and in that event a thirty-day grace
period shall be provided to said owner in order to cure or abate the
violative condition, and said owner shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning said violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, the court determines that the abatement has not been substantially
completed.
