[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 2-13-1997 by Ord. No.
2-97; amended in its entirety 10-26-2000 by Ord. No. 16-00. Subsequent amendments
noted where applicable.]
[Amended 4-12-2018 by Ord. No. 7-2018]
The Construction Official and/or Code Enforcement Officer of
the Borough of Clayton and/or County Board of Health Official be and
are hereby designated as the officer to exercise the powers prescribed
by the within chapter, and they shall serve in such capacity without
any additional salary.
[Amended 5-10-2018 by Ord. No. 9-2018]
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 Department of 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 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 person desiring to use and examine the same.
[Amended 4-12-2018 by Ord. No. 7-2018]
The Construction Official and/or Code Enforcement Officer and/or
County Board of Health Official is hereby authorized and directed
to make inspections to determine the condition of dwellings and of
the general public. For the purpose of making such inspections, the
Construction Officer and/or Code Enforcement Officer and/or County
Board of Health Official 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 or rooming unit, or the person in charge thereof, shall give
the Construction Official and/or Code Enforcement Officer and/or County
Board of Health Official 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.
[Amended 4-12-2018 by Ord. No. 7-2018]
A.
Notice of violation.
(1)
Whenever the Construction Official and/or Code Enforcement Officer
and/or County Board of Health Official 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;
and
(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 him personally 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.
(2)
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 Construction Official and/or Code
Enforcement Officer and/or County Board of Health Official, provided
that such person shall file in the office of the Construction Official
and/or Code Enforcement Officer and/or County Board of Health Official
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 Construction
Official and/or Code Enforcement Officer and/or County Board of Health
Official 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 Construction
Official and/or Code Enforcement Officer 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.
C.
After such hearing, the Construction Official and/or Code Enforcement
Officer and/or County Board of Health Official 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 Construction Official
and/or Code Enforcement Officer and/or County Board of Health Official
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 Construction Officer and/or Code Enforcement Officer within
10 days after such notice is served.
D.
The proceedings at such hearing, including the findings and decision
of the Construction Official and/or Code Enforcement Officer and/or
County Board of Health Official, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Construction
Official and/or Code Enforcement Officer. Such record shall also include
a copy of every notice or order issued in connection with the matter.
E.
Any person aggrieved by the decision of the Construction Official
and/or Code Enforcement Officer and/or County Board of Health Official
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
[Amended 4-12-2018 by Ord. No. 7-2018]
Whenever the Construction Official and/or Code Enforcement Officer
and/or County Board of Health Official 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 Construction Officer and/or Code Enforcement
Officer and/or County Board of Health Official 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 Construction Official and/or Code Enforcement Officer and/or County
Board of Health Official shall continue such order in effect, or modify
it, or revoke it.
[Amended 4-12-2018 by Ord. No. 7-2018]
The Construction Official and/or Code Enforcement Officer and/or
County Board of Health Official 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 Construction
Official and/or Code Enforcement Officer and/or County Board of Health
Official 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 Clayton or Clerk of the County of Gloucester.
[Amended 5-10-2018 by Ord. No. 9-2018]
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.
