[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville as indicated in article histories. Amendments noted
where applicable.]
[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]
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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.
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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.
[Adopted 4-6-2015 by Ord. No. 2466]
A.
The Borough of Somerville and the residents thereof have experienced
disturbances; damage and public expense resulting from carelessly
granted and inadequately supervised rentals to irresponsible tenants
by inept or indifferent landlords.
B.
To preserve the peace and tranquility of the Borough, it is necessary
and desirable to provide adequate means to curb and discourage those
occasional excesses arising from irresponsible rentals.
C.
The New Jersey Legislature authorized the governing body of any municipality
to enact ordinances holding landlords to standards of responsibility
in the selection of tenants and supervision of the rental premises,
requiring that under certain circumstances, such landlords may be
held responsible for the disorderly behavior of their tenants, and
the consequences of such behavior.
D.
Accordingly, it is the purpose of this section to take effective
action to assure that excesses, when they occur, shall not be repeated,
and that landlords be held to sufficient standards of responsibility.
As used in this section:
All or any part of a detached single-family structure or
building or multi-household structure or building in which any room
or rooms, or suite or apartment thereof, whether furnished or unfurnished,
which is occupied, or intended, arranged or designed to be occupied,
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof, or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy thereof.
A person designated to hear and determine proceedings under
this section.
The person or persons who own or purport to own a building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, which building contains
no more than four dwelling units. In the case of a mobile home park,
"landlord" shall mean the owner of an individual dwelling unit within
the mobile home park.
Disorderly, indecent, tumultuous, or riotous conduct, including,
by way of example, but not limited to simple assault, terroristic
threats, harassment, public urination or defecation, lewdness, criminal
mischief, crimes against persons or property, excessive noise; or
violation of police regulations, housing or property maintenance violations
of the Ordinances of the Borough of Somerville. For purposes of this
section, "quality of life violation" shall refer to the conduct listed
here, which occurs on or in proximity to a rental premises and is
attributable to any of the tenants of those premises or their guests.
A quality of life violation shall be deemed to have occurred in proximity
to a rental premises if such quality of life violation occurred in
the adjacent public right-of-way or on any adjacent property.
One or more dwelling units, which are occupied by persons
other than the owner, his co-inhabitants, or guests, under either
a written or oral lease.
A complaint which has been substantiated by prosecution and
conviction in any court of competent jurisdiction.
No landlord shall knowingly permit a tenant to remain in occupancy
of rental premises if that tenant, or that tenant's guests, commit
repeated quality of life violations on or in proximity to the rental
premises wherein such tenant resides.
If, in any twelve-month period, two substantiated complaints
of quality of life violations on or in proximity to rental premises
are attributable to any of the tenants of those premises or their
guests, the governing body, or any officer or employee of the municipality
designated by the governing body for the purpose, may institute the
following proceedings to hold the landlord responsible for future
quality of life violations.
A.
Upon the occurrence of a substantiated complaint of a quality of
life violation, the governing body, or the officer or employee designated
to enforce this section, shall cause notice advising that the conduct
specified has occurred to be served on the landlord, in person or
by certified and regular mail, at the address appearing on the tax
records of the municipality, and providing a copy of this section.
B.
Upon the occurrence of a second substantiated complaint of a quality
of life violation, the governing body or the officer or employee designated
to enforce this section shall cause to be served upon the landlord,
in person or by certified and regular mail to the address appearing
on the tax records of the municipality, notice advising of a hearing
to be held for the purpose of determining whether to hold the landlord
responsible for future quality of life violations, together with particulars
of the substantiated complaints forming the basis for the hearing,
and of the time and place at which a hearing will be held in the matter,
which shall be held in the municipal building, Municipal Court or
other public place within the municipality, and which shall be no
sooner than 30 days from the date upon which the notice is served
or mailed.
A.
At the hearing convened pursuant to the previous subsection of this
section, the hearing officer shall give full hearing to both the complaint
of the municipality and to any evidence in contradiction or mitigation
that the landlord, if present or represented and offering such evidence,
may present.
B.
At the conclusion of the hearing, the hearing officer shall determine
whether the landlord shall be held responsible for future quality
of life violations.
C.
If, prior to the date of the hearing, it shall be proven that the
landlord has filed a complaint in the Superior Court, seeking eviction
of the tenant or tenants convicted, or whose guests were convicted,
of the quality of life violations, the hearing shall be adjourned
for a period not to exceed 90 days. Should the landlord present proof
that the tenant or tenants have been removed or otherwise no longer
reside in the rental premises within this time, the proceeding shall
be dismissed. Should the landlord fail to present such proof within
the period of adjournment, the hearing shall be held and determined
in accordance with this subsection.
D.
It shall be a defense to this proceeding, if, by the time of the
hearing, the landlord shall prove:
(1)
That the tenant or tenants convicted, or whose guests were convicted,
of the quality of life violations no longer reside in the rental premises;
or
(2)
That the landlord diligently prosecuted an eviction in good faith
against a tenant subject to eviction under state law, but that, through
no fault of the landlord, the Superior Court refused to evict the
tenant. This defense shall be strictly construed against the landlord.
It shall be within the discretion of the hearing officer to determine
whether the landlord has established this defense.
A.
If, following the hearing, the hearing officer determines that the
landlord shall be responsible for future quality of life violations,
each and every future quality of life violation committed by that
landlord's tenant or that tenant's guests shall be deemed
a separate violation of this section by the landlord, and the landlord
shall be subject to a penalty in an amount equal to the fines and
penalties levied against the tenant or the tenant's guest for
such quality of life violation.
B.
In addition, the landlord shall be liable for a sum equal to:
(1)
Any damage caused to public or private property and any damages consequent
upon disruption of affected residents' rights of fair use and
quiet possession of their premises resulting from the quality of life
violation; and
(2)
The cost to the Borough of Somerville incurred in repressing and
prosecuting the quality of life violation.
C.
The fines, penalties, and liabilities herein shall be collected by
way of summons and action in the Somerville Municipal Court or in
the Superior Court as appropriate.
A.
The landlord shall remain liable for future quality of life violations
for a period of four years from the date of the most recent quality
of life violation.
B.
After a period of four years without a quality of life violation,
the landlord shall be released from liability for further quality
of life violations, unless new proceedings are instituted pursuant
to this article.
