[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 150.
[Adopted 11-6-1967 by Ord. No. 274]
The Township of Rochelle Park, pursuant to the
provisions of N.J.S.A. 40:49-5.1, does hereby establish and adopt,
as applicable to the Township of Rochelle Park, that certain code
known as the "New Jersey State Department of Conservation and State
Housing Code," heretofore approved by the New Jersey Economic Development
and the New Jersey State Department of Health.
A copy of said code is annexed to this article
and three copies thereof have been placed on file in the office of
the Township Clerk of the Township of Rochelle Park upon the introduction
of this article and will remain on file in said office for use and
examination by the public until final action is taken on this article.
No person shall occupy or rent to another for
occupancy any dwelling or dwelling unit which does not conform to
the provisions of the New Jersey State Housing Code.
[Amended 5-16-2007 by Ord. No. 965-07; 9-19-2007 by Ord. No.
973-07]
There is hereby created the position of State
Housing Inspector who is hereby designated as the officer charged
with the enforcement of this article and the Code hereby established
as well as the provisions of the State Housing Code and the Hotel
and Multiple Dwelling Law.[1]
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
Whenever the enforcement officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this article or of the code hereby adopted
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 in writing,
include a statement of the reasons why it is being issued and be served
upon the owner or occupant of the premises, or the agent of either
of them, provided that such notice shall be deemed to be properly
served if a copy thereof is served upon such person personally or
sent by certified or registered mail to his last known address or
posted in a conspicuous place in or about the dwelling affected by
the notice. Such notice shall also state that unless, within 10 days
from service of the notice, a written request is made for a hearing
before the enforcement officer, said notice shall, at the expiration
of such ten-day period, be deemed an order to cease and desist from
and to abate the described violation, and such notice shall prescribe
a reasonable time within which such person shall be required to cease
and desist from and abate such violation. The notice may also contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this article and the code hereby adopted.
If a hearing as aforesaid is requested, it shall
be commenced not later than 10 days after request therefor is made,
provided that for good cause the enforcement officer may postpone
such hearing for a reasonable time. If, after hearing, the enforcement
officer finds that no violation exists, he shall withdraw the notice.
If he finds that a violation does exist, he shall enter and issue
an order requiring the abatement of same within a prescribed reasonable
time. The proceedings at such hearing, including the findings and
decision of the enforcement officer, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the enforcement officer.
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 any other provisions of this article, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the enforcement
officer shall be afforded a hearing as soon as possible. After such
hearing, the enforcement officer shall continue such order in effect,
or modify or withdraw it.
[Amended 5-5-1986 by Ord. No. 519]
Any person who shall violate any of the provisions
of this article or any order promulgated hereunder or of the code
established hereby shall, upon conviction, be punished by a fine of
not less than $100 nor more than $500 or by imprisonment in the county
jail for a period not to exceed 90 days, or by both such fine and
imprisonment, and each violation of any of the provisions of this
article and each day that such violation shall continue shall be deemed
to be a separate and distinct offense.
[Adopted 4-20-1970 by Ord. No. 310]
The Township of Rochelle Park shall participate
in the Housing Authority of Bergen County for the sole purpose of
receiving rent subsidies for senior citizens on a lease basis only.
This article shall not be interpreted so as
to give the Housing Authority of Bergen County any rights as to construction,
rehabilitation, condemnation or otherwise within the boundary of the
Township of Rochelle Park.
The Clerk is hereby authorized and directed
to file a certified copy of this article with the Commissioner of
the State Department of Conservation and Economic Development and
with the Secretary of the Housing Authority of Bergen County.
