[1991 Code § 121-17]
The Housing Inspector may make rules and regulations which interpret
or amplify any provision of this chapter or for the purpose of making
the provisions of this chapter more effective. No regulation shall
be inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirement which is in addition
to or greater than the requirements that are expressly or by implication
imposed by any provision of this chapter. Rules and regulations shall
be subject to the same penalty as other violations of this chapter.
[1991 Code § 121-18]
The Housing Inspector or his agents or employees shall make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the Borough. For the purpose
of making inspections, the Housing Inspector or his agents are authorized
to enter and examine any dwelling, dwelling unit, rooming unit or
premises at such reasonable hours as the circumstances of the case
permit. This section shall not be construed to prohibit the entry
of the Housing Inspector or his agents at any time when an actual
emergency exists which tends to create a danger to public health or
safety or at any time when an inspection is requested by an owner
or occupant.
[1991 Code § 121-19]
Upon presentation of proper identification, the owner, occupant
or person in charge of a dwelling, dwelling unit or rooming unit shall
give the Housing Inspector or his agents free access to the premises
for the purpose of inspection or of making any repairs or alterations
which are necessary to effect compliance with this chapter.
[1991 Code § 121-20]
The Housing Inspector or his agents may, upon affidavit, apply
to the Judge of the Municipal Court for a search warrant setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this chapter exists
on the premises, and if the Judge of the Municipal Court is satisfied
as to the matter set forth in the affidavit, he shall authorize the
issuance of a search warrant permitting access to and inspection of
that part of the premises on which the nuisance or violation exists.
Search warrants may also be applied for and obtained as part of a
general program of inspections, for which program reasonable grounds
exist.
[1991 Code § 121-21]
A.
Whenever the Housing Inspector 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 regulations adopted pursuant thereto,
he shall give notice of the alleged violation to the person responsible
therefor as hereinafter provided. The notice shall:
(1)
Be written.
(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 notice shall be deemed to be properly served
upon such owner or agent or upon such occupant personally if a copy
thereof is sent by certified 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.
B.
The 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.
[1991 Code § 121-22]
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 Housing Inspector, provided that
such person files in the office of the Housing Inspector a written
petition requesting a hearing and setting forth a brief statement
of the grounds therefor within 10 days after the day the notice is
served. Upon receipt of the petition, the Housing Inspector shall
set a time and place for the hearing and shall give the petitioner
written notice thereof. At the hearing the petitioner shall be given
an opportunity to be heard and to show why the notice should be modified
or withdrawn. The hearing shall be commenced no later than 10 days
after the day on which the petition is filed, provided that, upon
application of the petitioner, the Housing Inspector may postpone
the date of the hearing for a reasonable time beyond the ten-day period
if, in his judgment, the petitioner has submitted a good and sufficient
reason for the postponement. After the hearing, the Housing Inspector
shall sustain, modify or withdraw the notice, depending upon his findings
as to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have been complied with. If the Housing Inspector
sustains or modifies the notice, it shall be deemed to be an order.
Any notice served pursuant to this article shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Housing Inspector within 10 days after the notice is served.
The proceedings at the hearing, including the findings and the decision
of the Housing Inspector, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Housing
Inspector. The 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 Inspector may seek relief therefrom in
any court of competent jurisdiction as provided by the laws of the
State. Whenever the Housing Inspector finds that an emergency exists
which requires immediate action to protect 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 article, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately
but, upon petition to the Housing Inspector 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 Inspector shall continue such order in effect, modify it or
revoke it.
