[2000 Code § 16:3-2]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code, as approved by the Departments of Community Affairs,
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 (3) 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.
[2000 Code § 16:3-1; New]
The Fire Official of the Borough of Avalon is hereby designated
as the officer to exercise the powers prescribed by the within section,
and he shall serve in such capacity without any additional salary.
[2000 Code § 16:3-3; New]
The Fire Official 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 Avalon 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 Fire 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 and rooming unit or the
person in charge thereof, shall give the Fire 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 section.
[2000 Code § 16:3-4.1; New]
Whenever the Fire Official determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this section, 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, shall include a statement of the reasons why it is
being issued, shall allow a reasonable time for the performance of
any act it requires and shall 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 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
section and with rules and regulations adopted pursuant thereto.
[2000 Code § 16:3-4.2; New]
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Fire Official, provided that 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 (10) days after the day the notice was
served. Upon receipt of such petition, the Fire 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 ten (10) days after
the day on which the petition was filed, provided that, upon application
of the petitioner, the Fire Official may postpone the date of the
hearing for a reasonable time beyond such ten (10) day period if,
in his judgment, the petitioner has submitted a good and sufficient
reason for such postponement. After such hearing, the Fire Official
shall sustain, modify or withdraw the notice, depending upon his findings
as to whether the provisions of this section and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Fire Official sustains or modifies such notice, it shall be deemed
to be an order. Any notice served pursuant to this section shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Borough Clerk within ten (10) days after such notice
is served. The proceedings at such hearing, including the findings
and decision of the Fire Official 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 Fire Official may seek relief therefrom in
any court of competent jurisdiction, as provided by the laws of the
State.
[2000 Code § 16:3-4.3; New]
Whenever the Fire 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 section, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but, upon petition to the Fire Official, shall be afforded a hearing
as soon as possible. After such hearing, depending upon his findings
as to whether the provisions of this section and of the rules and
regulations adopted pursuant thereto have been complied with, the
Fire Official shall continue such order in effect or modify it or
revoke it.
[2000 Code § 16:3-4.5; New]
The Fire 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 section; provided,
however, that such rules and regulations shall not be in conflict
with the provisions of this section, nor in any way alter, amend or
supersede any of the provisions thereof. The Fire 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 Avalon.
[2000 Code § 16:3-4.6]
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.
[2000 Code § 16:3-4.7; New]
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
