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 the fitness of a building for human habitation or occupancy or use. 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 secretary of the board of health, or any other official
authorized by the board of health to enforce this code and chapter,
shall be and he is hereby designated as the officer to exercise the
powers prescribed by this chapter and the code, and he shall serve
in such capacity without any additional salary. The word "officer"
shall be synonymous with the words "public officer" as contained in
Section 2.14 of the code.
The 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 Point Pleasant Beach 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 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 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.
Whenever the 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 the occupant, as the
case may require; provided that such notice shall be deemed to be
properly served upon such owner, agent or 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 affect compliance
with the provisions of this chapter and with rules and regulations
adopted pursuant thereto.
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 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 ten days after the day the notice was served. Upon receipt
of such petition the 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 ten days after the day on which the petition
was filed; provided that upon application of the petitioner, the officer
may postpone the date of the hearing for a reasonable time beyond
such 10-day period if, in his judgment, the petitioner has submitted
a good and sufficient reason for such postponement. After such hearing
the 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 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 borough clerk within ten days after
such notice is served. The proceedings at such hearing, including
the findings and decision of the officer, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the borough 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 officer may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of the state.
Whenever the 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 borough clerk 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
officer shall continue such order in effect, or modify it, or revoke
it.
The 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 but which shall
not in any way alter, amend or supersede any of the provisions thereof.
The officer shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the borough
clerk.
No person shall occupy as owner occupant or rent to another
for occupancy any dwelling or dwelling units 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.
The officer, in addition to all other powers granted in this
chapter, may apply to the proper court to enjoin any violation or
threatened violation of this chapter and the code.