[HISTORY: Adopted by the Borough Council of the Borough of Eatontown
7-23-1969 as Ch. 39 of the 1969 Code. Amendments noted where applicable.]
The Building Inspector of the Borough of Eatontown be and he is hereby
designated as the officer to exercise the powers prescribed by this chapter,
and he shall serve in such capacity without any additional salary.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et seq., as adopted by
the Department of Community Affairs, is hereby accepted, adopted and established
as a standard to be used as a guide in determining whether buildings, or portions
thereof, hotels and multiple dwellings as defined in the Hotel and Multiple
Dwelling Law, N.J.S.A. 55:13A-3, and other than rooming houses and boardinghouses,
as defined in the Rooming and Boarding House Act of 1979, N.J.S.A. 55:13B-1
et seq., are fit for human habitation, use or occupancy. A copy of the New
Jersey State Housing Code is annexed to this chapter, and three 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: Section 2 of this ordinance provided that "In the event
of a conflict between the standards set forth in the New Jersey State Housing
Code and Hotel and Multiple Dwelling Law and the regulations promulgated thereunder,
the more stringent standard shall apply."
The Building Inspector is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units and
premises located within the Borough of Eatontown 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 inspections, the
Building Inspector is 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 Building Inspector 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
chapter or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
A.
Whenever the Building 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:
(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.
B.
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.
C.
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 Building 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 Building 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 an 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 Building 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 Building 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 Building Inspector sustains or modifies such notice, it shall be deemed
to be an 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 Building 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 Building Inspector may seek relief
therefrom in any court of competent jurisdiction, as provided by the laws
of the state. Whenever the Building 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 Building
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 Building Inspector shall continue such order in effect or modify it or
revoke it.
The Building Inspector 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 chapter; provided, however, that
such rules and regulations shall not be in conflict with the provisions of
this chapter nor in anywise alter, amend or supersede any of the provisions
thereof. The Building Inspector shall file a certified copy of all rules and
regulations which he may adopt in his office and in the office of the Clerk
of the Borough of Eatontown.
[Amended 10-26-1983 by Ord.
No. 19-83]
No person shall occupy as owner-occupant or rent to another for occupancy
any building or dwelling unit, other than hotels and multiple dwellings, as
defined in the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-3, and other
than rooming houses and boardinghouses, as defined in the Rooming and Boarding
House Act of 1979, N.J.S.A. 55:13B-3, for the purpose of living therein, which
does not conform to the provisions of the New Jersey State Housing Code, N.J.A.C.
5:28-1 et seq., established hereby as the standard to be used in determining
whether such building or dwelling unit therein is safe, sanitary and fit for
human habitation.
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.
[Added 12-12-1973 by Ord.
No. 27-73]
Notwithstanding any provision of this chapter to the contrary, the Housing
Inspector of the Borough of Eatontown shall have concurrent jurisdiction and
authority to perform all the duties and functions of the Building Inspector
and to implement and enforce the provisions of this chapter as provided for
herein.
