[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodstown 9-28-70 as Ord. No. 240. Section 65-7 amended at time of adoption of Code; see Ch. 1, General
Provisions. Other amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown,
in the County of Salem and State of New Jersey:
[Amended 12-28-87 by Ord. No. 389; 9-12-95 by Ord. No. 495; 5-25-10 by Ord. No. 2010-11]
The Housing Officer of the Borough of Woodstown is hereby designated
as the officer to exercise the powers prescribed in this chapter,
and shall serve in such capacity for a term of one year, subject to
reappointment by the Mayor and Council. The compensation for this
position shall be fixed by the Municipal Salary Ordinance. The powers
of the Housing Officer include, but are not limited to the following:
A.
Investigate dwelling conditions within the borough to determine which
structures are intended for residential occupancy;
B.
Investigate residential housing units to ensure compliance with these
regulations and the Property Maintenance Code;
C.
Enter and inspect any structure at reasonable times and perform duties
under this chapter. If entry is refused, or not obtained, the Housing
Officer may obtain an order from the Woodstown Municipal Court or
any other court of competent jurisdiction authorizing entry.
[Amended 2-22-88 by Ord. No. 391; 10-28-91 by Ord. No. 437; 9-10-96 by Ord. No. 507; 3-28-01
by Ord. No. 554; 5-25-10 by Ord. No. 2010-11; 3-8-11 by Ord. No. 2011-6]
As authorized in N.J.S.A. 40:49-5.1, the Property Maintenance
Code for the Borough of Woodstown shall be the most recent version
of Chapters 2 through 8 inclusive of the International Property Maintenance
Code (hereafter referred to as IPMC) and the New Jersey Hotel and
Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. and such regulations
adopted pursuant to said law. These codes, statutes and regulations
are hereby accepted, adopted and established as the standard to be
used in determining whether dwellings in the Borough of Woodstown
are safe, sanitary and fit for human habitation, rental and/or sale.
A copy of all such standards shall be on file in the office of the
Woodstown Housing Officer and available for public inspection during
regular business hours of the Municipal Housing Officer.
A.
Fire extinguisher requirements. Each rental unit shall have a portable
fire extinguisher as required in N.J.S.A. 52:27D-198.1. Every current
fire extinguisher will be substituted with a 2A-10BC as they are replaced
due to depletion or expiration.
[Amended 3-22-71 by Ord. No. 241; 3-23-81 by Ord. No 323;
2-22-88 by Ord. No. 391; 5-25-10
by Ord. No. 2010-11; 2-9-16 by Ord. No. 2016-3]
A.
The Housing Officer is hereby authorized and directed to make inspections
to determine the condition of all dwellings and dwelling units located
within the Borough of Woodstown. For the purposes of this section,
"dwelling unit" will include commercial establishments, but hotels,
motels and facilities for the care of the aged or infirm shall not
be considered a dwelling or dwelling unit. In addition, any other
dwelling units which are annually inspected by any county or state
agency for the purpose of safeguarding the health and safety of the
occupants shall be exempt from the provisions of this section.
B.
For the purpose of making inspections, the Housing Officer is hereby
authorized to enter, examine and survey at all reasonable times all
dwelling units subject to the provisions of this section. The Housing
Officer's inspection shall be conducted in accordance with the
International Property Maintenance Code, the Hotel and Multiple Dwelling
Law and all regulations detailing the appropriate standards adopted
pursuant to this statute and all amendments and updates to the International
Property Maintenance Code. The owner or occupant of every dwelling
or dwelling unit or the person in charge thereof shall give the Housing
Officer free access to such dwelling or dwelling unit and its premises
at all reasonable times for the purpose of 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 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 a lawful order issued pursuant
to the provisions of this chapter.
[Amended 9-10-96 by Ord. No. 507; 3-28-01 by Ord. No. 554]
C.
Whenever a new or used dwelling occupied or intended to be occupied
as a single-family residence is sold, the owner or manager of such
dwelling shall, prior to sale, notify the Housing Officer of the intended
sale and schedule an inspection. An inspection fee of $100 shall be
paid by the owner or owner's representative to the Borough of
Woodstown to cover the cost of inspection. The Housing Officer shall
conduct such inspection within a reasonable time. However, if the
Housing Officer has not conducted his inspection within seven days
of receiving notice, the premises may be occupied subject to the Housing
Officer's inspection. If, upon inspection, the Housing Officer
finds no violation of this chapter, he shall license the owner or
occupant of said dwelling to occupy same and shall issue a certificate
of occupancy authorizing occupancy. If, upon inspection, the Housing
Officer finds any violations of this chapter or any provision of the
municipal ordinance, a conditional certificate of occupancy may be
issued for a period not to exceed 30 days, during which time any deficiency
shall be corrected. Upon notification to the Housing Officer that
deficiencies have been corrected, the Housing Officer shall reinspect
the premises to determine if the deficiencies have been corrected.
If corrected, a permanent certificate of occupancy shall be issued.
There shall be no charge for the first reinspection. If a second reinspection
is required, a fee of $50 shall be charged. If a third reinspection
is required because deficiencies remain outstanding, a one hundred
dollar ($100.) reinspection fee shall be charged for the fourth and
any subsequent reinspection. If at the expiration of the initial 30
day period, deficiencies noted are not corrected, the premises shall
be vacated and remain vacant until such time as said deficiencies
are corrected. If the premises are not occupied, then occupancy shall
be denied until such time as all deficiencies have been corrected
and an unconditional certificate of occupancy can be issued.
A.
Whenever the Housing 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.
(1)
Such notice shall:
(a)
Be put in writing;
(b)
Include a statement of the reasons why it is being issued;
(c)
Allow a reasonable time for the performance of any act it requires;
and
(d)
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.
(2)
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 provisions 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 Housing Officer, provided that
such person shall file in the office of the Housing Officer a written
petition requesting such hearing, setting forth a brief statement
of the grounds therefor, and pay a fee of $100 within 10 days after
the day the notice was served. Upon receipt of such petition and fee,
the Housing 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 the 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
Housing Officer may postpone the date of the hearing for a reasonable
time beyond such 10-day period if, in his judgment, the petitioner
has submitted a good and sufficient reason for such postponement.
After such hearing, the Housing 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 Housing 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 Housing Officer within 10 days after such notice is served. The
proceedings at such hearing, including the findings and decision of
the Housing Officer, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Housing Officer.
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 Housing Officer may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
[Amended 2-9-16 by Ord. No. 2016-3]
C.
Whenever the Housing 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 Housing Officer, 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
Housing Officer shall continue such order in effect, or modify it
or revoke it.
The Housing 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 any way alter, amend or
supersede any of the provisions thereof. The Housing 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 Woodstown.
[Amended 3-28-01 by Ord. No. 554; 5-25-10 by Ord. No. 2010-11]
No person shall occupy as owner-occupant or rent to another
for occupancy any structure for the purpose of living therein which
does not conform to the provisions of the IPMC.
[Added 5-25-10 by Ord. No. 2010-11]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person designated by the record owner as being authorized
to perform any duty imposed upon the record owners by this chapter.
The term does not necessarily mean a licensed real estate broker or
salesman as those terms are defined by N.J.S.A. 45:15-3; however,
such term may include a licensed real estate broker or salesman if
such person is designated by the record owner or his agent.
See N.J.S.A. 55:13B-3.
Money or anything of value.
Any structure used or intended to be used for residential
occupancy.
See N.J.S.A. 55:13A-3.
The person to whom a certificate of occupancy is issued pursuant
to this chapter. The term includes "agent" where applicable.
See N.J.S.A. 55:13A-3.
See N.J.S.A. 55:13A-3.
Up to three dwelling units situate on single rental unit
premises of which one dwelling is permanently occupied on a year-round
basis by the person or persons owning the rental unit premises and
the rental units and dwelling situate thereon.
Any individual, partnership, limited partnership, corporation,
limited liability company, trust, estate or other entity, or combination
thereof.
Any person who holds record or other legal ownership of the
rental unit.
Each and every individual, house, building or structure,
or any separate apartment unit, room or other space within any of
the foregoing, which is rented, leased, provided or otherwise made
available for residential living, dwelling or sleeping space, by or
through the record owner, for consideration. For example, if a single-family
house is leased to two tenants, the house is the rental unit. If a
person owns a duplex which is leased to tenants, each side or section
is a separate rental unit, and the owner must obtain two rental certificates
of occupancy. Each apartment in an apartment complex is a separate
rental unit. If a person owns a bed and breakfast, guest house or
similar facility where the owner lives in the structure and provides
other rooms therein which do not have separate egress to the outside
of the structure for rent, the structure is considered the rental
unit, and only one certificate of occupancy need be obtained. In a
hotel, motel, rooming or boardinghouse, registered with the State,
the structure or structures containing the unit or units is the rental
unit, and only one certificate of occupancy need be obtained. In a
multiple dwelling, any dwelling unit permanently occupied by the rental
premises owner is not considered a rental unit.
The land, specifically the tax lot, or the condominium unit
on which a rental unit or units are situated.
See N.J.S.A. 55:13B-3.
[Added 5-25-10 by Ord. No. 2010-11]
No person shall rent, lease, provide or make available any rental
unit for occupancy by any person unless and until that rental unit
has been inspected in accordance with this chapter, and a certificate
of occupancy has been lawfully issued.
[Added 5-25-10 by Ord. No. 2010-11; amended 2-9-16 by Ord. No. 2016-3]
The record owner, or authorized agent of the record owner, of
every rental unit and every owner-occupied rental unit shall file
a registration pursuant to this chapter with the Housing Officer for
each rental unit as follows:
A.
A new registration for each existing rental unit shall be filed by
the 31st day of March in each year.
B.
The record owner, or authorized agent for the record owner, shall
register each new rental unit no later than 10 days prior to the time
contemplated for occupancy by the first tenant in any newly constructed
or other newly-created rental unit.
C.
Upon the change of rental unit premises ownership, the new owner
or the new owner's agent shall file a new registration certificate
with the housing officer within 10 days of taking title.
[Added 5-25-10 by Ord. No. 2010-11; amended 2-9-16 by Ord. No. 2016-3]
A.
Other than owner-occupied rental units, each rental unit registration
shall expire and be void on March 30 of the year following the year
in which the registration was filed with the Housing Officer.
[Amended 2-9-16 by Ord. No. 2016-3]
B.
Each owner-occupied rental unit registration shall expire and be
void on December 1 of the third year following the year in which the
registration was filed with the Housing Officer. This means an owner-occupied
registration filed in 2009 will expire on December 1, 2012.
C.
Each rental unit registration shall expire and be void upon the change
of ownership of the rental unit premises.
[Added 5-25-10 by Ord. No. 2010-11; amended 2-9-16 by Ord. No. 2016-3]
A.
No rental unit or owner-occupied rental unit certificate of occupancy
shall be issued until the owner of the rental unit files or causes
to be filed a registration certificate on forms provided by the Municipal
Housing Officer for said rental unit, which shall include the following
information:
(1)
The name and business address of the owner or owners of the rental
unit premises and the owner or owners of the rental business if not
the same person. In the case of a partnership, the names and business
addresses of all general partners shall be provided, tougher with
the business telephone numbers where each may be reached during the
day and evening hours. If the record owner is a corporation, the name
and business address of the registered agent and the corporate officers
of said corporation shall be provided, together with the business
telephone numbers for each of such individuals indicating where they
may be reached during the day and evening hours.
(2)
If the business address if an owner not residing in Salem County,
the name and business address of a person who resides in Salem County
and who is authorized to accept notices from a tenant and to issue
receipts therefore and to accept service of process on behalf of the
owner.
(3)
The name and business address of the managing agent of the rental
unit premises, if any.
(4)
The name and business address, including the dwelling unit number,
of the superintendent, janitor, custodian or other individual employed
by the owner or agent to provide regular maintenance service, if any.
(5)
The name, business address and business telephone number of any individual
representative of the owner or agent who may be reached or contacted
at any time in the event of an emergency affecting the rental unit,
including such emergencies as the failure of any essential service
or system, and who has the authority to make emergency decisions concerning
the rental unit and any repair thereto or expenditure in connection
therewith.
(6)
The name and business address of every holder of a recorded mortgage
on the rental unit premises.
(7)
If fuel oil is used to heat the rental unit and the landlord furnishes
the heat in the building, the name and business address of the fuel
oil dealer servicing the building and the grade of fuel oil used.
(8)
A specification of the exact number of sleeping rooms contained in
the rental unit.
(9)
The number and names of all tenants authorized to occupy the rental
unit if same is then currently occupied. The names of tenants occupying
space in a motel, hotel, bed and breakfast, rooming or boarding house
are not required.
(10)
Such other information as may be required by N.J.S.A. 46:8-28,
as amended or supplemented, so that the registration certificate contains
all information required to be disclosed thereby.
(11)
The signature of at least one tenant.
[Added 2-9-16 by Ord. No. 2016-3]
(12)
Such other information as may be prescribed by the Municipal
Housing Officer.
[Amended 2-9-16 by Ord. No. 2016-3]
B.
Every person required to file a registration certificate pursuant
to this chapter shall file an amended registration certificate within
10 days after any change in the information required to be included
thereon.
An amendment for changes in the occupant names is not required
for rental units, which are motels, hotels, bed and breakfasts or
rooming or boarding houses if:
[Amended 2-9-16 by Ord. No. 2016-3]
C.
Every landlord shall provide the occupant or tenant occupying a rental
unit with a copy of the registration certificate required by this
chapter. If there is an amended certificate, the landlord shall furnish
each occupant or tenant with a copy of the amended certificate within
seven days of the filing thereof. This particular provision shall
not apply to any multiple dwelling, hotel, motel, rooming or boarding
house registered with the State of New Jersey. Posting a copy of the
registration certificate in a conspicuous place within the rental
unit shall satisfy this section.
D.
The Municipal Housing Officer (as designee of the Borough Clerk)
shall index and file the registration certificates in a manner consistent
with the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented,
so that filing the registration certificate will simultaneously satisfy
the registration requirements of N.J.S.A. 46:8-28 to the extent that
it applies to the property being registered and will also satisfy
the registration requirements of this chapter.
E.
No rental unit shall be occupied unless:
(1)
The rental unit has been inspected and a certificate to occupy has
been issued for that rental unit by the Municipal Housing Officer.
(2)
If the rental unit is a hotel, motel, rooming or boarding house,
registered with the State of New Jersey, the rental unit has been
inspected by the state and a validated certificate of registration
for the rental unit has been issued by the state.
F.
No rental unit certificate of occupancy shall be issued unless the
real estate taxes, water and sewer charges and/or other municipal
assessment or charges due to the Borough of Woodstown associated with
the rental unit premises are paid current.
[Added 5-25-10 by Ord. No. 2010-11]
Upon due compliance with all requirements for a rental unit,
the Municipal Housing Officer shall issue a certificate of occupancy
for that rental unit.
[Added 5-25-10 by Ord. No. 2010-11; amended 2-9-16 by Ord. No. 2016-3]
A.
The inspections required in this section are to be scheduled so as
to coincide with changes in occupancy, whenever such scheduling is
possible and practical. In all other instances, certificate of occupancy
inspections shall be scheduled with no less than two weeks notice
to the landlord, who shall provide no less than one week's notice
to the tenant. The Housing Officer shall coordinate with the landlord,
to the extent reasonably practical, to schedule inspections for the
time between tenancies, when there is a change in occupancy.
[Amended 2-9-16 by Ord. No. 2016-3]
B.
Owner-occupied rental units are to be inspected for a certificate
of occupancy no less than once every three years.
C.
If the owner of a rental unit fails to register the unit as required by § 65-9 and § 65-10, and such failure continues for 30 days after the deadline for registration, the certificate of occupancy shall be revoked, the unit shall be required to be inspected and the owner shall be required to pay the inspection fee as provided in this section before a new certificate of occupancy shall be issued.
[Amended 2-9-16 by Ord. No. 2016-3]
D.
An inspection fee of $100 shall be paid by the owner or manager of
the rental units to the Borough of Woodstown, which fee shall cover
the cost for the inspection and one reinspection if the first inspection
reveals any deficiencies requiring correction. If upon inspection,
the Housing Officer finds no violation of this chapter, he shall issue
a certificate of occupancy permitting the unit to be rented. If, upon
inspection, the Housing Officer finds any violations of this chapter,
a conditional certificate of occupancy may be issued for a period
not to exceed 30 days, during which time any deficiencies shall be
corrected. In the event the inspection revealed any deficiencies,
the Housing Officer shall reinspect the property, which reinspection
shall occur no later than 30 days after the initial inspection. If
the deficiencies have been corrected, a certificate of occupancy shall
be issued. If any deficiencies are not corrected, or in the event
the Housing Officer shall find additional deficiencies, the unit shall
be vacated until such time as said deficiencies are corrected. The
charge for a second reinspection shall be $50, and if needed, the
charge for a third or subsequent reinspection shall be $100 per reinspection,
which payment shall be made to the Borough of Woodstown prior to the
issuance of a certificate of occupancy. If the unit is not occupied
at the time of inspection or reinspection, then occupancy shall be
denied until such time as all deficiencies have been corrected and
a certificate of occupancy can be issued. No certificate of occupancy
can be issued unless the subject unit has a current registration.
[Amended 2-9-16 by Ord. No. 2016-3]
E.
The inspection and/or reinspection fee shall be charged whenever
the Housing Officer arrives at the subject property for a scheduled
inspection. If the Housing Officer is unable to complete the inspection
for any reason, the owner or manager will be charged with the cost
for an inspection or reinspection.
F.
If a valid certificate of occupancy is in effect, a landlord may
obtain a new certificate of occupancy for the balance of the registration
term, if there is a change of tenant. Before such a new certificate
of occupancy can be issued, the landlord shall pay an inspection fee
of $25 to the Borough of Woodstown, and the rental unit and rental
unit premises shall be in a condition approved by the Housing Officer
for the issuance of a certificate of occupancy.
[Added 5-25-10 by Ord. No. 2010-11]
A.
In addition to any other penalty prescribed herein, a rental unit
certificate of occupancy granted under this chapter is subject to
revocation, suspension, and/or the imposition of special conditions,
including but not limited to the installation/implementation of appropriate
security measures, including physical facilities such as fencing,
lighting, gating, etc., and/or deployment of security personnel, and
including the requirement for a bond, letter of credit or other adequate
security to ensure performance of any such conditions upon the happening
of one or more of the following:
(1)
A finding that there was any misstatement of material fact in the
registration certificate.
(2)
The occurrence of any fact which, had it been known before issuance
of the certificate of occupancy, would have resulted in the denial
same.
(3)
Repeated violations, or failure to correct a violation of any applicable
building, housing, health or safety code or regulations.
(4)
Refusal to allow access to any portion of the rental premises at
all reasonable times, in order that officers or agents of the borough,
or any official charged with enforcement of any building, housing,
health of safety code or regulation applicable to the rental premises,
may determine compliance with such codes or regulations.
(5)
Revocation by the Department of Community Affairs of the operator's
license or other authorization to operate, if the rental unit is a
hotel, multiple dwelling or rooming or boarding house regulated by
the State of New Jersey.
(6)
Notification by the Department of Community Affairs, that the rental
unit or units are not suitable for operation.
(7)
Failure or refusal to comply with any lawful regulation or order
of the Borough of Woodstown.
(8)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(9)
Determination of a violation of this chapter at a hearing held pursuant to Subsection B. hereafter.
(10)
If in any twelve-month period on two separate occasions tenants
of a residential unit and/or persons frequenting said unit with the
permission or acquiescence of the tenant are convicted of offenses
involving noisy, unruly or tumultuous behavior on or about the rental
unit property, and/or otherwise attributable to the occupancy of the
rental unit, and the landlord has not prosecuted a complaint in the
Superior Court to evict the tenants.
(11)
If, after a proper hearing on the matter, a determination is
made that the owner or manager has not installed/implemented adequate
measures and the rental unit(s) or premises of which the rental unit(s)
are a part have required over the preceding 12 months repeated law
enforcement response/intervention and/or been the location of more
than one serious crime incident.
B.
Procedure, complaints; hearings.
(1)
A complaint seeking the revocation or suspension of a certificate
of occupancy may be filed by any person interested in the matter,
or initiated directly by the Municipal Housing Officer. In the event
the complaint is initiated by a person other than the Municipal Housing
Officer, the complaint shall be referred to the Municipal Housing
Officer, who shall promptly review and investigate the matter. In
the event the Municipal Housing Officer's investigation indicates
that there is not sufficient evidence or probable cause to justify
further proceedings, the Municipal Housing Officer shall notify the
complainant of such conclusion and the reasons therefor in writing,
and the matter shall be concluded. In the event the complaint is initiated
directly by the Municipal Housing Officer, or in the event that a
third party complaint is investigated and the Municipal Housing Officer
determines that sufficient evidence or probable cause exists, and
therefore further proceedings are warranted, the Municipal Housing
Officer shall promptly consult the Borough Attorney and provide a
copy of the complaint and all materials associated therewith. If the
Borough Attorney concurs with the Municipal Housing Officer that further
proceedings are justified, the Municipal Housing Officer shall file
the complaint with the Borough Clerk.
(2)
Upon filing of such complaint with the Borough Clerk, the Borough
Council shall be immediately informed, and a date for a hearing shall
be scheduled which shall not be sooner than 10 nor more than 30 days
thereafter. The Borough Clerk shall forward a copy of the complaint
and a notice as to the date of the hearing to the complainant, the
Housing Officer, the licensee and the owner's agent, if any,
at the address indicated on the registration certificate by certified
mail.
(3)
The hearing required by this section shall be held before the Borough
Council unless, in its discretion, Council determines that the matter
should be heard by the Hearing Officer or Officers who shall be appointed
by Council as provided in N.J.S.A. 40:48-2.12(p). If the matter is
referred to a Hearing Officer, such Officer shall transmit his findings
of fact and conclusions of law to the Borough Council within 30 days
of the conclusion of the hearing. Council shall then review the matter
and may accept, reject or modify the recommendations of the Hearing
Officer based on the record before such Hearing Officer. In the event
the matter is not referred to a Hearing Officer and is heard by Council,
then Council shall render a decision within 30 days of the conclusion
of the hearing. Following the hearing, a decision shall be rendered,
dismissing the complaint, revoking or suspending the certificate of
occupancy, determining that the certificate of occupancy shall not
be renewed or reissued for one or more subsequent years, or suspending
or revoking the certificate of occupancy unless the licensee pays
a specific fine, posts financial security in accordance with N.J.S.A.
40:48-2.12(q) to reasonably ensure future compliance or abatement
of the problem, or fulfills other requirements imposed as are appropriate
under the circumstances.
(4)
At the hearing, witnesses shall be sworn prior to testifying. The
strict rules of evidence shall not apply, and the evidential rules
and burden of proof shall be that which generally control administrative
hearings.
(5)
The Borough Attorney or his designee shall appear and prosecute on
behalf of the complainant in all hearings conducted pursuant to this
section.
[Added 5-25-11 by Ord. No. 2010-11]
The Housing Office shall have those powers which are necessary
to carry out the intent and purposes of this chapter, including the
power:
A.
To delegate any of the functions and powers of the Housing Officer
to the Construction Code Official or such other municipal employee
as the Housing Officer shall designate when authorized by the Mayor
and Council for the Borough of Woodstown.
B.
To enter any structure at reasonable times for the purpose of making
inspections and performing duties under these ordinances. If entry
is refused, or not obtained, the Housing Officer may obtain an order
from the Municipal Court of any other court of competent jurisdiction
authorizing entry.
[Amended 12-11-72 by Ord. No. 259; 5-25-11 by Ord. No. 2010-11]
A person who violates any provision of this chapter shall, upon
conviction in the Municipal Court of the Borough of Woodstown or such
other court having jurisdiction, be liable to a fine of not less than
$200 or more and $1,000 and/or imprisonment and/or community service
for a term not exceeding 90 days. Each day that a violation occurs
shall be deemed a separate and distinct violation subject to the penalty
provisions of this chapter.
[Added 5-25-11 by Ord. No. 2010-11]
The Municipal Housing Officer shall perform an annual review
of the process regulated by this chapter. A written report shall be
submitted to Borough Council, which shall include, but not need be
limited to, the following information:
