[HISTORY: Adopted by the Board of Health of the Borough of Metuchen 10-25-1971. Amendments noted where applicable.]
The Health Officer of the Borough of Metuchen be and he or she is hereby designated as the officer to exercise the powers prescribed by the within chapter.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the State Housing Code of New Jersey, as approved by the Departments of Health and Community Affairs 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 State Housing Code of New Jersey 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 Metuchen in order that he or she may perform his or her 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 or her 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 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 or she shall give notice of such alleged violation to the person or persons responsible therefore 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 or her 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 or her personally, or if a copy thereof is sent by registered mail to his or her 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 or she 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 affect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
A. 
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 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.
B. 
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. 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 Health Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his or her judgment, the petitioner has submitted a good and sufficient reason for such postponement.
C. 
At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
D. 
After such hearing the Health Officer shall sustain, modify or withdraw the notice depending upon his or her 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.
E. 
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 Board of Health within 10 days after such notice is served.
F. 
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 the Board of Health. Such record shall also include a copy of every notice or order issued in connection with the matter.
G. 
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 the state.
A. 
Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately.
B. 
Any person to whom such order is directed shall comply therewith immediately and, upon petition to the Board of Health, shall be afforded a hearing as soon as possible.
C. 
After such hearing, depending upon his or her 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.
The Health Officer is hereby authorized and empowered to make and adopt such written rules and regulations as he or she 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 or she may adopt in his or her office and in the office of the Clerk of the Borough of Metuchen.
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 State Housing Code of New Jersey established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
In carrying out his or her duties under this chapter, the Health Officer may use the investigative powers, determinations and expertise of all of the inspectors of the Borough of Metuchen, including but not limited to the Building Inspector, Sanitary Inspector, Fire Chief and Chief of Police.
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.