[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood as Sec. 9-5 of the Revised General Ordinance. Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 29.
Unfit dwellings — See Ch. 110.
Property maintenance — See Ch. 177.
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New Jersey Housing Code as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office January 31, 1962, is hereby adopted as a standard governing supplies, utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings. A copy of the New Jersey State Housing Code is attached to and made a part of this chapter without the text being included therein.
Three copies of the New Jersey State Housing Code, plainly marked, have been placed on file in the office of the Borough Clerk and shall remain on file there for the use and examination of the public.
Whenever the Chairman of the Public Works and Building Committee determines that there has been a violation of the New Jersey State Housing Code or of this chapter or any rule or regulation adopted by him under the authority granted by this chapter, he shall serve notice of a violation upon the person responsible. The notice shall be in writing and shall contain the following:
A. 
A description of the real estate affected sufficient to identify it.
B. 
A statement of the reasons why it is being issued.
C. 
A provision allowing a reasonable time to perform any act required.
D. 
An explanation of the rights of the person upon whom the notice has been served to seek modification or withdrawal of the notice by a petition to the Chairman of the Public Works and Building Committee for a hearing.
E. 
A statement that the notice shall automatically become an order if a written petition for a hearing is not filed within 10 days after the notice is served and that any permit which has been suspended by a notice shall be automatically revoked if a petition for a hearing is not filed within 10 days.
F. 
A form of a petition for a hearing shall be attached to the notice and shall indicate the place to which the petition must be sent.
G. 
The notice shall contain an outline of the remedial action which, if taken, will effect compliance with the provisions of this chapter, the New Jersey State Housing Code or rules and regulations adopted by the Chairman under authority granted by this chapter.
Whenever repairs, alterations, additions or replacements are required to the building or facilities, the notice provided for in § 143-3 shall direct the person in violation to make application to the appropriate municipal authority for a permit to make them.
A notice issued under the provisions of § 143-3 shall automatically become an order if a written petition for a hearing is not filed with the Chairman of the Public Works and Buildings Committee within 10 days after the notice is served.
Any person affected by any notice which has been issued in connection with the enforcement for the New Jersey State Housing Code, any provisions of this chapter or any rule or regulation adopted by the Chairman of the Public Works and Building Committee under the authority granted by this chapter may request and shall be granted a hearing on the matter before the Chairman. A request shall be made by a written petition requesting a hearing filed with the Chairman in person or by mail within 10 days after the date the notice was served. Upon the filing of the petition, the Chairman shall set a time and place for a hearing which shall not be more than 10 days after the request is received unless in his judgment the petitioner has demonstrated a good reason for postponing the hearing. In any case, the petitioner shall be given at least five days' notice of the time and place of the hearing.
At the hearing the petitioner shall be given an opportunity to be heard and to show cause why the notice should not be modified or withdrawn. Any person affected by the notice shall have the right to appear, to be represented by an attorney, to testify or to present witnesses in support of their position, to cross-examine opposing witnesses and, at their own expense, to have a stenographic record made of the proceedings. The rules of evidence prevailing in the court shall not be controlling in any hearing held under the provisions of this chapter.
Within 10 days after the hearing, a copy of the written decision of the Chairman of the Public Works and Building Committee shall be served either personally or by registered or certified mail on the person who has filed the petition for the hearing. The proceedings of the hearing, including the findings and the decision of the Chairman, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Clerk.
After the hearing the Chairman of the Public Works and Building Committee shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of the New Jersey State Housing Code, this chapter and the rules and regulations adopted under the authority granted to him by this chapter have been violated. The Chairman may also modify any notice so as to authorize a variation from the provisions of the New Jersey State Housing Code when, because of special conditions, a literal enforcement of the provisions of the code will result in practical difficulties or unnecessary hardships, provided that the spirit of the code will be observed, the public health and welfare secured and substantial justice done.
If the Chairman of the Public Works and Buildings Committee sustains or modifies the notice, it shall be an order, and the owner, manager or occupant of the premises affected, as the case may be, shall comply with all the provisions of the order within a reasonable period of time as determined by the Chairman and set forth in the order.
No provision or requirement for a hearing shall in any way impair the right of the Chairman of the Public Works and Buildings Committee to institute at any time any legal procedures, actions or prosecutions which are otherwise permitted by law or ordinance.
Whenever the Chairman of the Public Works and Buildings Committee determines that an emergency exists which requires immediate action to protect the public health, safety or welfare, he may, without notice or a hearing, issue an order reciting the existence of an emergency and requiring that action be taken which he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such an order shall be effective immediately. Any person to whom the emergency order is directed shall comply with it immediately, but upon petition to the Chairman shall be afforded a hearing as soon as possible.
No person shall use as his living quarters or furnish to another for occupancy as living quarters any dwelling, dwelling unit, rooming unit or premises which does not comply with all the provisions of the New Jersey State Housing Code.