[Adopted 9-17-62 as Ord. No. 585]
[Amended 2-6-67 by Ord. No. 629]
The Health Officer of the Borough of Somerville and the Building Inspector of the Borough of Somerville and his assistants or deputies or any one or all of them are hereby designated as the officers to exercise the powers prescribed by this chapter, and they shall serve in such capacity without any additional salary.
[Amended 8-5-68 by Ord. No. 659]
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, except for amendments thereof as hereinafter set forth, 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.
The New Jersey State Housing Code is hereby amended as follows:
A. 
Section 8.2 is amended as follows:
[Amended 8-5-68 by Ord. No. 659]
8.2. Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors. Unvented portable space heaters burning solid, liquid or gaseous fuels shall be prohibited. Kerosene space heaters or stoves, vented or unvented, shall be prohibited.
The Health 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 Somerville 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 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 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, except that the owner, occupant or person in charge thereof shall have the right to refuse such entry for a period not to exceed twenty-four (24) hours. 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 and 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.
A. 
Whenever the Health 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, 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 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.
B. 
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 Health Officer, 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 Health 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 (10) days after the day on which the petition was filed, provided that upon application of the petitioner the Health Officer 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 Health 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 Health 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 (10) days after such notice is served. The proceedings at such hearing, including the findings and decision of the Health 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 Health Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
C. 
Whenever the Health 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 Health Officer shall continue such order in effect, or modify it or revoke it.
The Health 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; 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 Health Officer 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 Somerville.
[Amended 5-15-72 by Ord. No. 716]
No person shall occupy as owner-occupant nor rent to another for occupancy or allow a person to continue to occupy 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 5-15-78 by Ord. No. 839A]
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 five hundred dollars ($500) or by imprisonment in the country jail for a period of not to exceed ninety (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.