[Repealed; Ord. BH:88-3]
[Ord. No. 2, 1967]
The health officer or his duly designated representative of
the Borough is hereby designated as the officer to exercise the powers
prescribed by the within ordinance, and he shall serve in such capacity
without any additional salary.
[Ord. No. 2, 1967]
The health officer or his duly designated representative is
hereby authorized and directed to make inspections to determine the
condition of dwellings, dwelling units, rooming units, and premises
located within the Borough 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 health officer or his duly designated representative 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 health officer or his
duly designated representative 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 this chapter.
[Ord. No. 2, 1967]
Whenever the health officer or his duly designated representative
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 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 acts 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
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 is taken shall affect compliance with this
chapter and with rules and regulations adopted pursuant thereto.
[Ord. No. 2, 1967]
Any person affected by any notice which has been issued in connection
with the enforcement 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 Board of Health, provided such person shall
file in the office of the clerk of the Board of Health 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 Board of Health 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 Board of Health 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 Board of Health 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 Board of
Health 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 clerk of the Board of Health within ten days after
such notice is served. The proceedings at such hearing, including
the findings and decision of the Board of Health shall be summarized,
reduced to writing, and entered as a matter of public record in the
office of the Board of Health. 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 Board of Health may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of the state. Whenever the health officer or his duly designated
representative 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 Board of Health shall be afforded a hearing. Depending upon
his findings as to whether this chapter and of the rules and regulations
adopted pursuant thereto have been complied with, the health officer
or his duly designated representative shall continue such order in
effect, or modify it, or revoke it.
[Ord. No. 2, 1967]
The health officer or his duly designated representative is
hereby authorized and empowered to make and adopt such written rules
and regulations as he may deem necessary for the proper enforcement
of this chapter, provided that such rules and regulations shall not
be in conflict with this chapter, nor in anyway alter, amend or supersede
any of the provisions thereof. The health officer or his duly designated
representative 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 Board of Health.
[Ord. No. 1, 1967]
The health officer or his duly designated representative may
determine that a dwelling is unfit for human habitation if he finds
that conditions exist in such dwelling which are dangerous or injurious
to the health or safety of the occupants of such dwelling, the occupants
of neighboring dwellings or other Borough residents; 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.
[Ord. No. 1, 1967]
Whenever a petition is filed with the health officer or his
duly designated representative by a public authority as defined in
R.S. 40: 48-2.4, or by at least five residents of the Borough charging
that any dwelling is unfit for human habitation as herein defined,
or whenever it appears to the health officer or his duly designated
representative (on his own motion) that any dwelling 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 or any parties in interest in such dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the health officer or his duly
designated representative at a place therein fixed not less than ten
days nor more than 30 days after the serving of the 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 or
his duly designated representative.
[Ord. No. 1, 1967]
If, after such notice and hearing, the health officer or his
duly designated representative determines that the dwelling under
consideration is unfit for human habitation, as herein defined, he
shall state in writing his findings of fact in support of such determination
and shall issue and cause to be served upon the owner thereof and
parties in interest an order requiring:
a.Â
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which shall be set forth in
the order or at the option of the owner to vacate or to have the building
vacated and closed within the time set forth in the order; and
b.Â
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, the owner shall remove or demolish the building within
a reasonable time as specified in the order of removal.
c.Â
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the health officer or his duly designated representative may cause
such building to be repaired, altered or improved, or to be vacated
and closed; and the health officer or his duly designated representative
may cause such building to be repaired, altered or improved, or to
be vacated and closed; and the health officer or his duly designated
representative may cause to be posted on the main entrance of any
building so closed, a placard with the following words: "This building
is unfit for human habitation or occupancy or use; the use or occupancy
of this building is prohibited and unlawful."
d.Â
If the owner fails to comply with an order to remove or demolish
the building, the health officer or his duly designated representative
may cause such building to be removed or demolished or may contract
for the removal or demolition thereof after advertisement for, and
receipt of, bids therefor.
[Ord. No. 1, 1967]
The amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred
in the course of any proceeding taken under this chapter determined
in favor of the Borough and such cost of such repairs, alterations
or improvements, or vacating and closing, or removal or demolition,
if any, or the amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
health officer or his duly designated representative, he shall sell
the materials of such building. There shall be credited against the
cost of the removal or demolition thereof, the proceeds of any sale
or such materials or any sum derived from any contract for the removal
or demolition of the building. If there are no such credits or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Borough tax assessor or other custodian of the records of
tax liens and a copy thereof shall be forwarded to the owner by registered
mail.
If the total of the credits exceed such costs, the balance remaining
shall be deposited in the Superior Court by the health officer or
his duly designated representative, shall be secured in such manner
as may be directed by such court and shall be disbursed according
to the order or judgment of the court to the persons found to be entitled
thereto by final order of judgment of such court; provided, that nothing
in this section shall be construed to impair or limit in any way the
power of the Borough to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise. Any
owner or party in interest may, within 60 days from the date of the
filing of the lien certificate, proceed in a summary manner in the
Superior Court to contest the reasonableness of the amount or the
accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 1, 1967]
Complaints or orders issued by the health officer or his duly
designated representative pursuant to this chapter shall be served
upon persons either personally or be registered mail, but if the whereabouts
of such persons is unknown and the health officer or his duly designated
representative in the exercise of reasonable diligence, 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 successive weeks in a newspaper printed and published
in the Borough. 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 dwelling is located.
[Ord. No. 1, 1967]
The health officer or his duly designated representative 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: to investigate the dwelling conditions in the
Borough in order to determine which dwellings therein are unfit for
human habitation; to administer oaths, affirmations, examine witnesses
and receive evidence; 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;
to appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter and
to delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
Nothing herein 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.
