The Borough Council shall designate the Public
Officer, who shall serve for a term of one year, to exercise the powers
prescribed by this chapter. The Public Officer may appoint or designate
such other public officials or employees of the Borough who have such
background and training necessary to perform such of his functions
and powers under this chapter as he deems necessary for its enforcement.
All nonresidential and public areas of multiple-family
buildings and premises within the Borough covered by this chapter
shall be subject to inspection, from time to time, by the Public Officer
to determine the condition thereof in order that he may perform his
duty of safeguarding the health and safety of the persons occupying
the same and of the general public. All other buildings and premises
covered by this chapter shall be subject to inspection only upon a
determination by the Public Officer that good cause exists unless
specifically authorized to do so under this chapter. For the purpose
of making such inspections, the Public Officer is hereby authorized
to enter with the express consent of the occupant, examine and survey
at all reasonable times all such premises; provided, however, that
such entries are made in such manner as to cause the least possible
inconvenience to the persons in possession.
If the Public Officer is denied the right of
inspection he may, upon affidavit establishing good cause, apply to
the Municipal Court or such other court of competent jurisdiction
for a search warrant to permit entry into the premises in question.
A.Â
Where a violation of this chapter is found to exist,
a written notice from the Public Officer shall be served on the person
or persons responsible for the correction thereof.
B.Â
The notice shall specify the violation or violations
committed, what must be done to correct or abate the same, a reasonable
period of time, not to exceed 30 days, to make such corrections, the
right of the person served to request a hearing and that the notice
shall become an order of the Public Officer 10 days after service
unless a hearing is requested pursuant to this article. The thirty-day
time limit set forth herein shall not be effective where specific
time limits are set forth in other sections of this chapter.
C.Â
Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in § 212-26 of this chapter. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor has failed to register, pursuant to § 212-26. Where the notice is directed to an occupant, service may also be made by posting the same on the door or entrance to the area he occupies.
D.Â
10 days from the date of service of a notice, the
notice shall constitute a final order unless any person affected by
the notice requests a hearing thereon and serves a written request
within the ten-day period, in person or by mail, on the Public Officer.
Such request for a hearing shall set forth briefly the grounds or
reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The Public Officer, upon receipt of the request, shall,
within 30 days therefrom and upon five days’ notice to the party
aggrieved, set the matter down for hearing.
E.Â
Hearing Board.
(1)Â
At any hearing required hereunder, a Hearing Board
shall conduct and decide issues presented to it. Said Hearing Board
shall consist of the following members, of which three members shall
constitute a quorum:
(a)Â
The Deputy Administrator or his delegate.
(b)Â
The Fire Marshal or his delegate.
(c)Â
The Chairman of the Board of Health or his delegate.
(d)Â
Two citizens of the Borough of Leonia who shall
be appointed by the Mayor with the consent of the Council for a term
of three years each, except that the term of the first member shall
initially expire at the end of two years. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by appointment
as above provided for the unexpired term.
(2)Â
If the Deputy Administrator is the Public Officer,
he or his delegate shall be disqualified from acting as a member of
the Hearing Board, and a third citizen shall be appointed in his place
and stead for a term of one year by the Mayor with the consent of
the Council.
(3)Â
The Hearing Board shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena, to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by it and to enforce
any such subpoena or secure any other for the enforcement of any such
subpoena as provided by law. A determination shall be made within
10 days from the completion of the hearing. The Hearing Board shall
issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or with-drawing the notice.
F.Â
The Public Officer or the Hearing Board, where necessary,
may extend the time for correction or abatement of the violations
for an additional period of time not to exceed 30 days, except where
major capital improvements or renovations are involved, in which instance
the time for completion may be extended for a period not to exceed
90 days beyond the expiration date of the original notice. Further
extensions of time may be granted for a single-family house if the
defects do not constitute hazards to health or safety and if the Hearing
Board finds that correction of these defects would be an extreme hardship
for the owner.
G.Â
Where the violation or condition existing on the premises
is of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Public Officer may either abate
the violation or condition immediately or order the owner, operator
or occupant to abate the violation or condition within a period of
time not to exceed three days, and, upon failure to do so, the Public
Officer shall abate the condition immediately thereafter.
H.Â
Where abatement of any nuisance as defined herein, correction of a defect in the premises or the maintenance of the premises in a proper condition so as to comply with the requirements of any municipal ordinances or state law applicable thereto requires expending Borough moneys therefor, the Public Officer shall present a report of the work proposed to be done to accomplish the foregoing to the Mayor and Council with an estimate of the cost thereof along with a summary of the proceedings undertaken by the Public Officer to secure compliance, including notices served upon the owners, operators, lessors or agents, as the case may be, hearings and order of the Hearing Board with reference thereto. The Mayor and Council may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Borough and laws of the state. The Public Officer may thereafter proceed to have the work performed in accordance with said resolution at Borough expense, not to exceed the amount specified in the resolution, and shall upon completion thereof submit a report of the moneys expended and costs to the Mayor and Council. After review of the same, the Mayor and Council may approve said expenses and costs, and they shall become a lien against said premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as are taxes. A copy of the resolution approving said expenses and costs shall be certified by the Mayor and Council and filed with the Tax Collector, and a copy of this report and resolution shall be sent by certified mail to the owner. This provision shall not apply to § 212-14 of this chapter.
In addition to other remedies provided herein, where the Public Officer has issued an order requiring the abatement of the nuisance, correction of a defective condition or the maintenance of the premises in a proper condition so as to conform to the ordinances of the Borough and laws of the state applicable thereto and the owner, operator, lessor or agent charged with the premises has failed to comply therewith, the Public Officer may, for the purposes of correcting any of the foregoing conditions, act as custodian of any building or structure and may, as custodian, enter into and take care of the premises and supervise the abatement of any nuisance, correction of defect or placing of the premises in compliance with municipal ordinances and state laws. For the performance of the duties of custodian, the Borough shall receive for the services, from the owner, operator and lessor of the premises, compensation approved by the Mayor and Council not exceeding $5 a day per dwelling unit or $30 a week per dwelling unit in the premises, whichever is less, as costs and expense, the same to be certified and collected as provided in § 212-41H hereof.
Where the owner, operator or lessor of the building
who is required to register hereunder violates this chapter or any
other municipal ordinance pertaining to said structure or fails to
abate any violation of this chapter or violates an order of the Public
Officer with respect thereto, the Public Officer, upon resolution
duly approved by the Mayor and Council, may commence an action in
the Superior Court seeking appointment of the Public Officer as receiver
ex officio of the rents and income from said property. Said rents
and income shall be collected by said receiver and shall be expended
and allocated to secure compliance with the ordinances of the Borough
and laws of the state as set forth in the order of the Public Officer
and be utilized to defray such costs and expenses of the receivership
as may be adjudged by the Superior Court and be applied towards payment
to the Borough of any fines or penalties with costs which may have
been imposed on the owner, operator or lessor for violation of the
ordinances of the Borough and which have remained unpaid.
Notwithstanding the provisions of § 212-41 hereof, the Public Officer may, at his election, prosecute violations of any section of this chapter, involving public health or safety by the filing of a complaint with the Municipal Court of the Borough of Leonia.
