[1980 Code § 125-1]
The Borough of Roselle Park hereby establishes the rules and
regulations set forth in the Regulations for Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1 et seq., as the standards
for the maintenance of such structures within the Borough. Where these
rules and regulations conflict with the standards set forth in the
regulations for the New Jersey Uniform Construction Code, N.J.A.C.
5:23-1 et seq., the latter shall prevail.
[1980 Code § 125-2]
It shall be the duty of the Apartment House Inspector of the
Borough to enforce the regulations hereinabove set forth within the
Borough.
[1980 Code § 125-3]
a.
No person shall:
1.
Obstruct, hinder, delay or interfere with, by force or otherwise,
the Apartment House Inspector in the exercise or discharge of his
powers or duties.
2.
Prepare, utter or render any false statement, report or document
permitted or required to be prepared, uttered or rendered under the
provisions of the aforesaid regulations.
3.
Render ineffective or inoperative any protective equipment installed
or intended to be installed in any hotel or multiple dwelling.
4.
Refuse or fail to comply with any lawful ruling, action, order or
notice issued by the Apartment House Inspector.
5.
Violate or cause to be violated any of the provisions of the aforesaid
regulations.
b.
Any person who violates or causes to be violated any provision of paragraph a of this section or any of the rules and regulations referred to in subsection 17-1.1 shall be liable to a penalty of not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars for each violation. Where any violation of paragraph a of this section or any violation of any rule and/or regulation described in subsection 17-1.1 is of a continuing nature, each day during which such continuing violation remains unabated after the date fixed by the Apartment House Inspector in any order or notice for the correction or termination of such continuing violation shall constitute an additional, separate and distinct violation.
c.
For the purposes of this chapter, any person shall be deemed to have violated or to have caused to be violated any provision of paragraph a of this subsection or any rule and/or regulation referred to in subsection 17-1.1, whenever any officer, agent or employee thereof, under the control thereof, with the knowledge of that person, shall have violated or caused to be violated any of the provisions of paragraph a of this subsection or any rule and/or regulation referred to in subsection 17-1.1.
[1980 Code § 125-4]
a.
Any tenant who receives a notice of eviction pursuant to N.J.S.A.
2A:18-61.2 that results from zoning or code enforcement activity for
an illegal occupancy, as set forth in N.J.S.A. 2A:18-61.1, shall be
considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six (6) times the monthly rental
paid by the displaced person. The owner/landlord of the structure
shall be liable for the payment of such relocation assistance pursuant
to this section.
b.
The Borough may, in its sole discretion, pay relocation assistance
to any displaced person who has not received the required payment
from the owner/landlord of the structure at the time of eviction pursuant
to paragraph a of this subsection from a revolving relocation assistance
fund established pursuant to N.J.S.A. 20:4-4.1a. All relocation assistance
costs incurred by the Borough pursuant to this subsection shall be
repaid by the owner/landlord of the structure to the Borough in the
same manner as relocation costs are billed and collected under N.J.S.A.
20:4-4.1 and N.J.S.A. 20:4-4.2. These repayments shall be deposited
into a revolving relocation assistance fund.
c.
The Borough, in addition to requiring reimbursement from the owner/landlord
of the structure for relocation assistance paid to a displaced tenant,
shall impose upon the owner/landlord an additional fine for zoning
or housing code violations for an illegal occupancy in an amount equal
to six (6) times the monthly rental paid by the displaced person.
d.
For a second or subsequent violation for an illegal occupancy upon
notice to the owner/landlord and an opportunity to be heard, a fine
shall be imposed equal to the annual tuition cost of any resident
of the illegally occupied unit attending a public school, which fine
shall be recovered in a civil action by a summary proceeding in the
name of the Borough pursuant to the Penalty Enforcement Law, N.J.S.A.
2A:58-1 et seq. The Municipal Court and the Superior Court shall have
jurisdiction of proceedings for the enforcement of the penalty provided
by this section. The tuition cost shall be determined in the manner
prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19,
and the payment of the fine shall be remitted to the school district.
e.
For the purposes of this section, the owner/landlord of a structure
shall exclude mortgagees in possession of a structure through foreclosure.
f.
For the purposes of this section, a second or subsequent violation
for an illegal occupancy shall be limited to those violations that
are new and are a result of distinct and separate zoning or code enforcement
activities, and shall not include any continuing violations for which
citations are issued by a Zoning or Code Enforcement Agent during
the time period required for summary dispossession proceedings to
conclude if the owner/landlord has initiated eviction proceedings
in a court of proper jurisdiction.
