[HISTORY: Adopted by the City Council of the City of Port
Republic 8-8-1967 by Ord. No. 03-1967 (Ch. 48 of the 1982 Code). Amendments
noted where applicable.]
[Amended 3-12-1985 by Ord. No. 47-1985]
The Building Code Enforcement Officer of the City of Port Republic
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; provided, however, that the Building Code Enforcement Officer
shall take no action under this chapter unless expressly requested
to do so by the City Council.
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 City Clerk and are available to all persons desiring to use and examine the same.
[Amended 3-12-1985 by Ord. No. 47-1985]
The Building Code Enforcement Officer 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 Port Republic 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 Building Code
Enforcement 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
Building Code Enforcement 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.
[Amended 3-12-1985 by Ord. No. 47-1985]
Whenever the Building Code Enforcement 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.
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 City Council, provided that such
person shall file in the office of the City 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 City Clerk 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 City Clerk 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 City Council shall sustain,
modify or withdraw the notice, depending upon its findings as to whether
the provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with. If the City Council 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 City Clerk within 10 days after such notice is served. The proceedings
at such hearing, including the findings and decision of the City Council,
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. Any person aggrieved by the decision of the City Council
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state.
B.
Whenever the City Council finds that an emergency exists which requires
immediate action to protect the public health or safety, said Council
may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as it
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 City Clerk shall be afforded a hearing as
soon as possible. After such hearing, depending upon its findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
City Council shall continue such order in effect, or modify it or
revoke it.
The City Council is hereby authorized and empowered to make
and adopt such written rules and regulations as it 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 City Council shall file
a certified copy of all rules and regulations which it may adopt in
its office and in the office of the Clerk of the City of Port Republic.
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.
[Amended 3-12-1985 by Ord. No. 47-1985]
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 $500 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.
