[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon
6-19-1967 by Ord. No. 67-14. Amendments noted where applicable.]
The Housing Inspector of the Borough of Clementon be and he is hereby
designated as the officer to exercise the powers prescribed by the within
chapter, and he shall serve in such capacity with the salary set forth in
the annual salary ordinance.[1]
[Amended 9-28-2004 by Ord. No. 2004-19]
The New Jersey State Housing Code, promulgated by the Bureau of Housing
in the State Department of Conservation and Economic Development, is hereby
accepted, adopted and established as a standard to be used as a guide in determining
whether multiple dwellings in this municipality are safe, sanitary and fit
for human habitation and rental, pursuant to the provisions of N.J.S.A. 40:49-5.1.
A copy of the New Jersey State Housing Code is annexed to this chapter and
three copies of same have been placed on file in the office of the Borough
Clerk and are available to all persons desiring to use and examine said code.
[Amended 4-15-1968 by Ord.
No. 68-6]
The Housing Inspector is hereby authorized and directed to make inspections
necessary to determine the condition of dwellings, dwelling units, rooming
units and premises located within the Borough of Clementon 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 inspection,
the Housing Inspector is hereby authorized to enter, examine and survey at
reasonable times, the dwellings, dwelling units, rooming units and premises.
The occupants of dwellings or dwelling units may give the Housing Inspector
or such persons designated by law access to any part of such dwelling, dwelling
units or premises at all reasonable times for the purpose of making said inspection.
Should the occupants of a dwelling, or dwelling unit refuse to give the Housing
Inspector, or such persons designated by law, access to any part of such dwelling
or dwelling unit or premises at a reasonable time for the purpose of making
such inspection, then the Housing Inspector or that person designated by law
shall, upon affidavit, apply to the Municipal Judge of the Borough of Clementon,
or a County Court Judge of Camden County or a Superior Court Judge of the
State of New Jersey, for a search warrant setting forth such facts regarding
the circumstances that provide probable cause for believing that a nuisance
or violation of the code exists in the dwelling, dwelling unit or premises
or setting forth that the requested search warrant is part of an area inspection
and is necessary in carrying out a program of property maintenance and neighborhood
improvements within the Borough of Clementon.
[Added 4-15-1968 by Ord.
No. 68-6]
Any occupant of a dwelling or dwelling unit shall give the owner or
his agent or employee access to any part of such dwelling or dwelling unit
or premises at all reasonable times for the purpose of making such repairs
or alterations as are necessary to comply with the provisions of the law.
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 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; include
a statement of the reasons why it is being issued; allow a reasonable time
for the performance of any act it requires; and 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 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 Housing Inspector, provided 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
10 days after the day the notice was served. Upon receipt of such petition
the Housing Inspector 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 Inspector 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 Housing Inspector 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 Inspector sustains or modifies such notice, it shall be deemed
to be in 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 10 days after such notice is served. The proceedings
at such hearing, including the findings and decision of the Housing Inspector
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 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 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
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, or modify it, or
revoke it.
[Amended 9-28-2004 by Ord. No. 2004-19]
The Housing Inspector is hereby authorized and empowered to promulgate
written rules and regulations as he may deem necessary for the proper enforcement
of the provisions of this chapter, subject to the approval by the governing
body; provided, however, that such rules and regulations shall not be in conflict
with the provisions of this chapter, nor shall they in any way alter, amend
or supersede any of the provisions of this chapter or the State Housing Code.
The Housing Inspector shall file a certified copy of all rules and regulations
approved by the governing body in his office and in the office of the Clerk
of the Borough of Clementon.
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.
[Added 9-28-2004 by Ord. No. 2004-19[1]]
The owner and management of every multiple dwelling the Borough of Clementon
shall register with the Clerk of the municipality upon forms prescribed by
and furnished by the municipality. Every such registration form shall include
the name and address of the owner and the name and address of an agent in
charge of the premises residing in the municipality.
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
$200 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 chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense.
