[1988 Code § 99-1]
The Code Enforcement Official, Health Officer, Construction
Official, Electrical Subcode Official, Plumbing Subcode Official and
the Fire Subcode Official shall be designated as the officer or officers
to exercise the powers prescribed by this chapter, and they shall
serve in such capacity without any additional salary.
[1988 Code § 99-2]
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 Department of
Health and filed in the Secretary of State's office, is hereby
accepted, adopted and established 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 copies of
the same have been placed on file in the office of the Municipal Clerk
and are available to all persons desiring to use and examine the same.
[1988 Code § 99-3]
The Code Enforcement Official, Health Officer, Construction
Official, Electrical Subcode Official, Plumbing Subcode Official and
the Fire Subcode Official are 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 they may perform
their duty of safeguarding the health and safety of the occupants
of dwellings and of the general public. For the purpose of making
such inspections, such officials are 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 such officials 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 the provisions of this chapter.
[1988 Code § 99-4]
a. Whenever the enforcement official 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.
b. Such notice shall:
2. Include a statement of the reasons why it is being issued.
3. Allow a reasonable time for the performance of any act it requires.
4. 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.
c. 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.
[1988 Code § 99-5]
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 Board of Commissioners, provided
that such person shall file in the office of the Municipal Clerk a
written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice was served. Upon receipt of such petition, the Municipal Clerk
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 10 days
after the day on which the petition was filed, provided that, upon
application of the petitioner, the Municipal Clerk 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.
[1988 Code § 99-6]
After such hearing, the Board of Commissioners 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 Commissioners
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 of the Municipal Clerk within 10 days after such notice is
served. The proceedings at such hearing, including the findings and
decision of the Board of Commissioners shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Municipal Clerk. Such record shall also include a copy of every
notice or order issued in connection with the matter.
[1988 Code § 99-7]
Any person-aggrieved by the decision of the Board of Commissioners
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the State.
[1988 Code § 99-8]
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 Board of Commissioners, shall be afforded
a hearing as soon as possible. After such hearing, 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, the Board of Commissioners shall continue such order in effect
or modify it or revoke it.
[1988 Code § 99-9]
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 Municipal Clerk.
[1988 Code § 99-10]
No person shall occupy as owner occupant or rent to another
for occupancy 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.
[1988 Code § 99-11]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. 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.