The Health Officer of the Borough of Rocky Hill is hereby designated
as the primary Public Officer to exercise the powers prescribed by
this chapter and by N.J.S.A. 40:48-2.3 et seq., and the Health Officer
shall serve in such capacity without any additional compensation.
Pursuant to N.J.S.A. 40:48-2.4(b), if required, the Mayor, with the
advice and consent of the Borough Council, may by resolution designate
an additional Public Officer or Public Officers through appointment
or contractual services agreement to exercise the powers prescribed
by this chapter.
As used in this chapter, the following terms shall have the
meanings indicated pursuant to N.J.S.A. 40:48-2.4:
BUILDING
Any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
The Council of the Borough of Rocky Hill in the County of
Somerset.
OWNER
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire, building regulations, or to other
activities concerning buildings in the municipality.
PUBLIC OFFICER
The officer, officers, board or body who is or are authorized by Chapter
64 of the Code of the Borough of Rocky Hill adopted to exercise the powers prescribed by N.J.S.A. 40:48-2.3 et seq. Notwithstanding any other provision of law to the contrary, nothing shall prevent the Borough from designating more than one Public Officer for different purposes as provided by law.
Pursuant to the provisions of N.J.S.A. 2A:42-74 et seq., the
New Jersey State Housing Code as adopted by the Department of Community
Affairs and promulgated at N.J.A.C. 5:28-1 et seq. is hereby accepted,
adopted and established as a standard to be used as a guide in determining
the fitness of a building for human habitation or occupancy or use.
A copy of the New Jersey State Housing Code is on file in the office
of the Borough Clerk and is available to all persons desiring to use
and examine the same.
Whenever a petition is filed with the Public Officer by a public authority as defined in §
64-1.1, or by at least five residents of the Borough of Rocky Hill charging that any building is unfit for human habitation or occupancy or use, as defined in §
64-3, or, whenever it appears to the Public Officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer (or designated agent or the Borough Council) at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaints; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Public Officer (or designated agent or the Borough Council).
Complaints or orders issued by the Public Officer pursuant to
this chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by said Public Officer in the exercise
of reasonable diligence, and said Public Officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
successive weeks in a newspaper printed and published in the Borough
of Rocky Hill, or, in the absence of such newspaper, in a newspaper
printed and published in Somerset County and circulating in the Borough.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order, and a copy
of such complaint or order shall be duly recorded or lodged for record
with the county recording officer of Somerset County.
Any person aggrieved by an order issued by a Public Officer under Chapter
64 may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the Public Officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Public Officer.
Pursuant to N.J.S.A. 40:48-2.10, the Borough Council of Rocky Hill shall prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings in the Borough for the purpose of determining the fitness of such buildings for human habitation or occupancy or use, and for the enforcement and administration of its ordinances adopted under N.J.S.A. 40:48-2.3 et seq.; and the Borough of Rocky Hill is authorized to make such appropriations from its revenues as it may deem necessary for this purpose and may accept and apply grants or donations to assist it in carrying out the provisions of Chapter
64.
Nothing in Chapter
64 shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by Chapter
64 shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.