[HISTORY: Adopted by the City Council of
the City of Pleasantville 6-7-1982 by Ord. No. 11-1982 as Ch. 123
of the 1982 Code. Amendments noted where applicable.]
The Building Subcode Official of the City of
Pleasantville shall be and 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 et seq.), the New Jersey State Housing Code
(1980 Revision), as approved by the Department of Community Affairs
and filed in the Secretary of State's office, is hereby accepted,
adopted and established as a standard to be used as a guide in determining
whether dwellings in this municipality are safe, sanitary and fit
for human habitation and rental. A copy of the New Jersey State Housing
Code (1980 Revision) is annexed to this chapter, and three copies
of the same have been placed on file in the office of the City Clerk
and are available to all persons desiring to use and examine the same.
A.
The Building Subcode Official is hereby authorized
and directed to make inspections to determine the condition of dwelling
units, rooming units and premises located within the City of Pleasantville
in order that he may perform his duty of safeguarding the health and
safety of the occupants of dwellings and of the general public.
B.
For the purpose of making such inspections, the Building
Subcode Official is hereby authorized to enter, examine and survey
at all reasonable times all dwellings, dwelling units, rooming units
and premises.
C.
The owner or occupant of every dwelling, dwelling
unit and rooming unit, or the person in charge thereof, shall give
the Building Subcode Official 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 an 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 Subcode Official 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.
B.
Such notice shall be put in writing, shall include
a statement of the reasons why it is being issued, shall allow a reasonable
time for the performance of any act it requires and shall 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 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.
C.
Such 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.
A.
Filing of petition; hearing.
(1)
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 Subcode
Official, provided that such person shall file in the office of said
Building Subcode Official 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.
(2)
Upon receipt of said petition, the Building Subcode
Official 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 Subcode
Official 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.
(3)
After such hearing, the Building Subcode Official
shall sustain, modify or withdraw the notice, depending upon his finding
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Building Subcode Official 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 Building Subcode Official within
10 days after such notice is served.
(4)
The proceedings at such hearing, including the findings
and decision of the Building Subcode Official, shall be summarized,
reduced to writing and entered as a matter of public record in the
office of the City Clerk. Such record shall also include a copy of
every notice or order issued in connection with the matter.
B.
Any person aggrieved by the decision of the Building
Subcode Official may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
C.
Whenever the Building Subcode Official 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 but, upon petition to the Building Subcode
Official, 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 complied with, the Building Subcode Official shall continue
such order in effect or modify it or revoke it.
The Building Subcode Official 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 Subcode Official 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 City of Pleasantville.
[Amended 4-20-2009 by Ord. No. 9-2009]
A.
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 (1980 Revision), established hereby
as the standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation.
B.
No person shall alter, construct, add on to or otherwise create any dwelling or dwelling unit in addition to the number of units approved pursuant to the provisions of this Code without first obtaining all applicable and necessary building and construction permits; all applicable and necessary zoning approvals; a Code compliance inspection; and an amended certificate of occupancy that includes the new unit or units. Violations of this section shall be subject to a minimum fine of $250 and other applicable penalties under § 143-8.
[Amended 2-17-1999 by Ord. No. 6-1999]
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 less than $100 nor more than $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community service
not exceeding 90 days, 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.
