A.
Whenever the Housing Inspector determines that there
has been a violation, or 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, (s)he shall
serve notice of such violation, or alleged violation, upon the person
or persons responsible therefor. The notice shall be in writing and
shall contain:
(1)
A description of the real estate sufficient for identification.
(2)
A statement of the reason or reasons why it is being
issued.
(3)
A provision allowing a reasonable time for the performance
of any act it requires.
(4)
An explanation of the rights of the person upon whom
the notice has been served to seek modification or withdrawal of the
notice by petition to the Housing Inspector for a hearing.
(5)
A statement that 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 Housing Inspector
within 10 days after the notice is served; and that any permit which
has been suspended by a notice shall be deemed to be automatically
revoked if a petition for hearing is not filed in the office of the
Housing Inspector within 10 days after the notice is served.
B.
The form of a petition for a hearing which shall be
attached to the notice and which shall show the place to which the
petition must be sent.
C.
The 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.
Whenever repairs, additions, alterations or
replacements are required to the building or facilities, this notice
shall direct that the person in violation shall make application to
the Building Inspector, Plumbing Inspector or Electrical Inspector
for the appropriate permit to cover such requirements.
A.
Notices issued by the Housing Inspector pursuant to
this chapter shall be served upon the owner and parties in interest,
or the operator, occupant or any person, as the case may require,
either personally, or by leaving a copy thereof at his/her usual place
of abode in the presence of a member of the family who shall be informed
of the contents thereof, or if not found, by registered or certified
mail, return receipt requested, to his/her last known address.
B.
If the whereabouts of such persons is unknown and
the same cannot be ascertained by the Housing Inspector, the serving
of the notice 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 City of Trenton. A copy of the notice shall be posted
in a conspicuous place on the premises affected by the notice and
a copy of the notice shall be duly recorded or lodged for record in
the office of the Mercer County Clerk.
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 Housing Inspector within 10 days
after such notice is served. Any permit which has been suspended by
a notice shall be deemed to be automatically revoked if a petition
for hearing is not filed in the office of the Housing Inspector within
10 days after the notice is served.
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
Housing Inspector, provided that such person shall file in person
or by mail in the office of the Housing Inspector a written petition
requesting a hearing within 10 days after the day the notice was served.
Upon request of such petition the Housing Inspector shall set a time
and place for a hearing within 30 days therefrom and shall give the
petitioner five days written notification thereof.
At any hearing held in accordance with this
chapter the petitioner shall be given an opportunity to be heard and
to show cause why the notice should be modified or withdrawn. The
Housing Inspector shall have the power to administer oaths and affirmations
in connection with the conduct of any such hearing, and the rules
of evidence prevailing in the courts shall not be controlling in any
such hearings.
After a hearing is held pursuant to the provisions
of this chapter, the Housing Inspector shall sustain, modify or withdraw
the notice, depending upon his/her finding as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with. The Housing Inspector, with the approval
of the Director of the Department of Inspections, may also modify
any notice so as to authorize variation from the provisions of this
chapter when, because of special conditions, a literal enforcement
of the provisions of this chapter will result in practical difficulty
or unnecessary hardship, provided that the spirit of this chapter
will be observed, public health and welfare secured, and substantial
justice done.
If the Housing Inspector sustains or modifies
the notice, it shall be deemed an order, and the owner, operator or
occupant, as the case may be, shall comply with all provisions of
the order within a reasonable period of time as determined by the
Housing Inspector and set forth in the order.
Within 10 days after any hearing held pursuant
to the provisions of this chapter a copy of the written decision of
the Housing Inspector shall be served either in person or by registered
or certified mail on the person who filed the petition for the hearing;
and the proceedings of the hearing including the findings and decision
of the Housing Inspector, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Housing
Inspector.
No provision or requirement herein contained
for a hearing shall in any way whatsoever affect or impair the right
of the Housing Inspector to bring at any time such legal proceedings,
actions, or prosecutions as are otherwise permitted by law or ordinance.
Whenever the Housing Inspector finds that an
emergency exists which requires immediate action to protect the public
health, safety or welfare, (s)he may, without notice or hearing, issue
an order reciting the existence of such an emergency and requiring
that such action to be taken as (s)he deems necessary to meet the
emergency. Notwithstanding the other provisions of this chapter, such
order shall be effective immediately.
At the expiration of the time set forth in any order, a building may be condemned and placarded as set forth in Article XII of this chapter without further notice and the Housing Inspector authorized to take whatever action necessary to best carry out and effectuate the purpose and provisions of this chapter.
