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.
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.