[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 9-4-1996 by Ord. No. R-201.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Chapter
120, Housing Standards, previously codified herein and containing
portions of Ordinance No. 366.
The Director of the Department of Environmental Services 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 P.L. 1946, c 21 (N.J.S.A. 40:49-5.1)
the State of New Jersey Rules for Maintenance of Hotels and Multiple
Dwellings, ("N.J.A.C. 5:10 et seq."), as approved by the Department
of Community Affairs, and amended and supplemented, is hereby accepted,
adopted and establishes as a standard to be used as a guide in determining
whether dwellings in this municipality are safe and fit for human
habitation and rental. Three copies of the New Jersey State Rules
for Maintenance of Hotels and Multiple Dwellings have been placed
on file in the office of the City Clerk and are available to all persons
desiring to use and examine the same.
The Director of the Department of Environmental Services is
hereby authorized and directed to make inspections to determine the
condition of dwellings, dwelling units, rooming units and premises
located within the City of Hoboken in order that he may perform his
duty of safeguarding the safety of the occupants of dwellings and
the general public. For the purpose of making such inspections, said
Director 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 agents
of said Director 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 employees,
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 Director of the Department of Environmental Services
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 therefore as
hereinafter provided.
B.
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;
(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 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 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 affect compliance with the provision
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 Director of the Department of Environmental
Services provided that such person shall file in the office of the
Director of the Department of Environmental Services, a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the notice was served.
D.
Upon receipt of such petition, the Director of the Department of
Environmental Services 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.
E.
The hearing shall be commenced no later than 10 days after the day
on which the petition was filed, provided that upon application of
the petitioner, the Director of the Department of Environmental Services
may postpone the date of the hearing for a reasonable time beyond
such ten-day period, if in his judgement the petitioner has submitted
a good and sufficient reason for such postponement.
F.
After such hearing, the Director of the Department of Environmental
Services 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 Director of the Department of Environmental Services
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 Director of the Department of Environmental Services
within 10 days after such notice is served.
G.
The proceedings at such hearing, including the findings and decision
of the Director of the Department of Environmental Services shall
be summarized, reduced to writing and entered as a matter of public
record in the office of the City Clerk. Such record shall also include
a copy of every notice or order issued in connection with the matter.
H.
Any person aggrieved by the decision of the Director of the Department
of Environmental Services may seek relief therefrom in any court of
competent jurisdiction, as provided by the laws of the state. Whenever
the Director of the Department of Environmental Services 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.
I.
Notwithstanding the other provision 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 Director
of the Department of Environmental Services shall be afforded a hearing
as soon as possible.
J.
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 Director of the Department
of Environmental Services shall continue such order in effect or modify
it or revoke it.
The Director of the Department of Environmental Services 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 any way alter, amend or supersede any of the provision
thereof. The Director of the Department of Environmental Services
shall file a certified copy of all rules and regulations which he
may adopt in his office and in the office of the City Clerk of the
City of Hoboken.
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 this chapter,
established hereby as the standard to be used in determining whether
a dwelling is safe and fit for human habitation.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine not to exceed $1,000 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.
The Director of the Department of Environmental Services shall
authorize designated employees of the Department of Environmental
Services/Division of Housing Inspection to carry out the inspection
and reporting provisions of this chapter and of the Hoboken Housing
Maintenance of Hotels and Multiple Dwelling Code herein adopted by
the Mayor and Council of the City of Hoboken. Employees holding the
following titles shall be authorized to enforce the provisions of
this chapter:
