The Health Officer of the Borough of Avon-by-the-Sea 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.
For the purpose of this chapter, the Health Officer may determine
that a building is unfit for human habitation if he finds that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough of Avon-by-the-Sea. Such
conditions may include the following, without limiting the generality
of the foregoing: defects therein increasing the hazards of fire,
accident or other calamities; lack of adequate ventilation, light
or sanitary facilities; dilapidation; disrepair; structural defects;
or uncleanliness.
[Amended 8-27-1979 by Ord. No. 7-1979]
Pursuant to the provisions of P.L. 1946, c. 21 (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, and that certain code known as the
"Fire Prevention Code" recommended by the American Insurance Association,
particularly the 1976 edition and amendments thereto, are 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.
Copies of the New Jersey State Housing Code and the Fire Prevention
Code are 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.
Whenever a petition is filed with the Health Officer by a public
authority as defined in N.J.S.A. 40:48-2.4, or by at least five (5)
residents of the municipality charging that any building is unfit
for human habitation as herein defined, or whenever it appears to
the Health Officer, on his own motion, that any building is unfit
for human habitation, as herein defined, he shall, if his preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such building
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Health Officer or his designated
agent at a place therein fixed not less than ten (10) days nor more
than thirty (30) days after the serving of said complaint; that the
owner and parties in interest shall be given the right to file an
answer to the complaint and to appear in person or otherwise and give
testimony at the time and place fixed in the complaints, and that
the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the Health Officer.
Complaints or orders issued by the Health Officer pursuant to
this chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by said Health Officer in the exercise
of reasonable diligence, and the said Health Officer shall make an
affidavit to that effect, then the serving of such complaint or order
upon such persons may be made by publishing the same once each week
for two (2) successive weeks in a newspaper printed and published
in the Borough of Avon-by-the-Sea. A copy of such complaint or order
shall be posted in a conspicuous place on the premises affected by
the complaint or order, and a copy of such complaint or order shall
be duly recorded or lodged for record with the county recording officer
of the county in which the building is located.
The Health Officer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following,
in addition to others herein granted:
A. To investigate the building conditions in the Borough of Avon-by-the-Sea
in order to determine which buildings are unfit for human habitation
and occupancy or use.
B. To administer oaths and affirmation, examine witnesses and receive
evidence.
C. To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
E. To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Any person aggrieved by an order issued by the Health Officer
under this chapter may, within sixty (60) days after the posting and
service of such order, bring an action for injunctive relief to restrain
the Health Officer from carrying out the provisions of the order and
for any other appropriate relief. The remedy herein provided shall
be exclusive, and no person affected by an order of the Health Officer
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the Health Officer.
[Amended 4-22-02 by Ord. No. 5-2002]
In addition to the action stated in §
82-5 above, complaint may be made to the Municipal Court, and any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter
1, Section
1-15, 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 separate and distinct offenses.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Borough or any officer or department to enforce any
provisions of its charter or its ordinances or regulations, nor to
prevent or punish violations thereof, and the powers conferred by
this chapter shall be in addition and supplemental to the powers conferred
upon the Borough by any other law or ordinance.