[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.
[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.
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.
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]
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.