[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 8-10-1970.
Section 84-7 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
[Amended 6-9-1986 by Ord. No. 226]
The Construction Official of the Borough of Andover and any duly authorized
officer of the Sussex County Department of Health shall be and they are hereby
designated as the Enforcement Officer to exercise the powers prescribed by
the within chapter.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments of Health
and Conservation and Economic Development 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 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.
[Amended 6-9-1986 by Ord. No. 226]
The Enforcement Officer 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 Andover 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
Enforcement Officer 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 Enforcement Officer 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 Enforcement Officer 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 effect compliance with the provisions
of this chapter and with rules and regulations adopted pursuant thereto.
[Amended 6-9-1986 by Ord. No. 226]
B.
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 Borough Council, provided that
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 Borough Clerk shall set a time and place for such hearing
and shall give the petitioner written notice thereof.
C.
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
Borough Clerk 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.
D.
After such hearing the Borough Council shall sustain,
modify or withdraw the notice, depending upon its findings as to whether the
provisions of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with. If the Borough Council 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.
E.
The proceedings at such hearing, including the findings
and decision of the Borough Council 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.
F.
Any person aggrieved by the decision of the Borough Council
may seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state.
G.
Whenever the Enforcement Officer 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 Borough
Clerk shall be afforded a hearing as soon as possible. After such hearing,
depending upon its findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied with,
the Borough Council shall continue such order in effect or modify it or revoke
it.
[Amended 6-9-1986 by Ord. No. 226]
[Amended 6-9-1986 by Ord. No. 226]
The Enforcement Officer 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 Enforcement Officer 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 Andover.
[Amended 6-9-1986 by Ord. No. 226]
A.
No person shall occupy as owner or 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.
B.
No person shall occupy as owner or lease or rent to another
for occupancy or permit the occupancy of any building or building unit in
the Borough of Andover until a certificate of occupancy has been applied for
and obtained.
(1)
Prior to the issuance of any such certificate of occupancy,
the Enforcement Officer shall inspect the building or building unit to ascertain
that all requirements of this code are satisfied.
(2)
The certificate of occupancy shall specify the maximum
number of persons permitted to occupy the dwelling or dwelling unit in compliance
with the specifications of this code.
(3)
Each certificate of occupancy shall expire and be rendered
null and void upon the termination of the occupancy of the dwelling or dwelling
unit by the person to whom it was issued and the members of his immediate
family, and that dwelling or dwelling unit shall not again be occupied by
any other persons until a new certificate of occupancy has been applied for
and obtained.
[Amended 6-9-1986 by Ord. No. 224]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided for in Chapter 1, General Provisions, § 1-15, 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.
