[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 7-8-1976 as Section 8-3 of the Revised General Ordinances of 1975. Amendments noted where applicable.]
Unfit buildings — See Ch. 104.
Uniform construction codes — See Ch. 116.
Fire prevention — See Ch. 143.
Public health nuisances — See Ch. 193.
Occupancy permits — See Ch. 198.
Property maintenance — See Ch. 226.
Sanitary Code — See Ch. 315.
The Housing Inspector of the borough is hereby designated as the officer to exercise the powers prescribed by this 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 Department 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 borough are safe, sanitary and fit for human habitation and rental.
Three copies of the New Jersey State Housing Code 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.
The Housing Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the borough 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 Housing Inspector 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 Housing Inspector 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.
Whenever the Housing Inspector 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 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.
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 the 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 the 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 affect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
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 the office of the Housing Inspector 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 Housing Inspector shall set a time and place for such hearing and shall give the petitioner written notice thereof. 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 the application of the petitioner, the Housing Inspector may postpone the date of the hearing for a reasonable time beyond the ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.
After the hearing, the Housing Inspector shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Housing Inspector 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 Housing Inspector within 10 days after such notice is served.
The proceedings at such 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. Such record shall also include a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Housing Inspector may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Whenever the Housing Inspector 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 Housing Inspector, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Inspector shall continue such order in effect or modify it or revoke it.
The Housing Inspector 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 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 Housing Inspector shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Borough Clerk.
No person shall occupy as owner-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 hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Nothing in this chapter shall be construed to abrogate or impair the powers of any department of the borough or any agency thereof or of any agency or division of the county to enforce any provisions of its Charter or its ordinances, codes, regulations or statutory provisions or to prevent or punish violations thereof.
Where a provision of this chapter is found to be in conflict with a provision of a zoning, building, fire, health or other law or ordinance or regulation adopted pursuant thereto, the provision or requirement which is the more restrictive or which establishes the higher standard shall apply.