[Ord. 7-9-90 § 100-1]
The Department of Health and Welfare, Construction Code Official,
Fire Subcode Official and Construction Official are hereby designated
as Officer(s) to exercise the powers prescribed by this chapter and
they shall serve in such capacity without any additional salary.
[Ord. 7-9-90 § 100-2]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code[1], 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 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 Code is annexed to this section, and 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.
[1]
Editor's Note: The New Jersey State Housing Code, referred
to herein, may be found at the end of this chapter as Appendix A to
this chapter.
[Ord. 7-9-90 § 100-3]
The administration officers are hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Borough of East
Newark in order that they may perform their duty of safeguarding the
health and safety of the occupants of dwellings and the general public.
For the purpose of making such inspections, said officers 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 the agents of said officers
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
section or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this section.
[Ord. 7-9-90 § 100-4]
a.
Whenever the administrative officer(s) determine(s) that there are
reasonable grounds to believe that there has been a violation of any
provision of this section 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:
1.
Be put in writing.
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. Such notice may contain
an outline of remedial action which, if taken will affect compliance
with the provisions of this section and with rules and regulations
adopted pursuant thereto.
c.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the East Newark Planning and Zoning
Board provided that such person shall file in the office of the East
Newark Planning and Zoning Board a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor
within 10 days after the notice was served.
d.
Upon receipt of such petition, the East Newark Planning and Zoning
Board 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.
e.
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 East Newark Planning and Zoning Board may postpone
the date of the hearing for a reasonable time beyond such ten-day
period, if in their judgment the petitioner has submitted a good and
sufficient reason for such postponement.
f.
After such hearing, the East Newark Planning and Zoning Board shall
sustain, modify or withdraw the notice, depending upon his findings
as to whether the provisions of this section and of the rules and
regulations adopted pursuant thereto have been complied with. If the
East Newark Planning and Zoning Board sustains or modifies such notice,
it shall be deemed to be an order. Any notice served pursuant to this
section shall automatically become an order, if a written petition
for a hearing is not filed in the office of the East Newark Planning
Zoning Board within 10 days after such notice is served.
g.
The proceedings at such hearing, including the findings and decision
of the East Newark Planning and Zoning Board, 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.
h.
Any person aggrieved by the decision of the East Newark Planning
and Zoning Board may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the State. Whenever the East
Newark Planning and Zoning Board 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.
i.
Notwithstanding the other provisions of this section, such order
shall be effective immediately. Any person to whom such order is directed
shall comply therewith immediately but, upon petition to the East
Newark Planning and Zoning Board shall be afforded a hearing as soon
as possible.
j.
After such hearing, depending upon his findings as to whether the
provisions of this section and of the rules and regulations adopted
pursuant thereto have been complied with, the East Newark Planning
and Zoning Board shall continue such order in effect or modify it
or revoke it.
[Ord. 7-9-90 § 100-5]
The East Newark Planning and Zoning Board 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 section; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this section, nor
in any way alter, amend or supersede any of the provisions thereof.
The East Newark Planning and Zoning Board shall file a certified copy
of all rules and regulations which he may adopt in his office and
in the office of the Borough Clerk of the Borough of East Newark.
[Ord. 7-9-90 § 100-6]
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.
[Ord. 7-9-90 § 100-7]
Any person, firm or corporation who shall violate any of the
provisions of this section shall, upon conviction, be punished by
a fine not to exceed $1,000 or by imprisonment in the County jail
for a period of not to exceed 90 days, or by both such fine and imprisonment,
and each violation of any of the provisions of this section and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
[Ord. No. 7-9-90 § 100-8]
The East Newark Planning and Zoning Board may in writing, authorize
designated employees of the administrative officers to carry out the
inspection and reporting provisions of this section and of the New
Jersey State Housing Code herein adopted by the Mayor and Council
of the Borough of East Newark.
