Borough of Netcong, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 7-11-1972 as Ch. 59 of the 1972 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Brush and hedges — See Ch. 112.
Building construction — See Ch. 140.
Fire prevention — See Ch. 157.
Land development — See Ch. 194.
Sewers — See Ch. 238.
Junk and debris — See Ch. 243, Art. II.
Water — See Ch. 276.
Public health nuisances — See Ch. 288.
Individual sewage disposal systems — See Ch. 295.
Solid waste disposal — See Ch. 300.

§ 186-1 Designation of enforcement officer; compensation.

[Amended 8-12-2004 by Ord. No. 2004-13]
The Zoning Officer of the Borough of Netcong be and he is hereby designated as the officer to exercise the powers prescribed by this chapter, and he shall serve in such capacity without any additional salary.

§ 186-2 Adoption of code by reference.

[Amended 8-12-2004 by Ord. No. 2004-13]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the "New Jersey State Housing Code" is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to the ordinance adopting this chapter, and three copies of the same have been placed on file in the office of the Municipal Clerk and are available to all persons desiring to use and examine the same during normal business hours.

§ 186-3 Right of entry for inspection and for making repairs or alterations.

[Amended 8-12-2004 by Ord. No. 2004-13]
The Zoning Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Netcong 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 Zoning Officer 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 Zoning Officer 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 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.

§ 186-4 Enforcement of provisions.

A. 
Notice of violation.
(1) 
Whenever the Zoning Officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter 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.
[Amended 8-12-2004 by Ord. No. 2004-13]
(2) 
Such notice shall:
(a) 
Be put in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
Allow a reasonable time for the performance of any act it requires.
(d) 
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 such 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 such notice by any other method authorized or required under the laws of this state.
(3) 
Such 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.
B. 
Hearing and enforcement procedure.
(1) 
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 Mayor and Borough Council, provided that such person shall file in the office of the Zoning Officer 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.
[Amended 8-12-2004 by Ord. No. 2004-13]
(2) 
Upon receipt of such petition, the Mayor and Borough Council shall set a time and place for such hearing and shall give the petitioner written notice thereof.
(3) 
At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
(4) 
The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Mayor and Borough Council may postpone the date of the hearing for a reasonable time beyond such ten-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
(5) 
After such hearing, the Mayor and Borough Council shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Mayor and Borough Council sustains or modifies such notice, it shall be deemed to be an order.
(6) 
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 Zoning Officer within 10 days after such notice is served.
[Amended 8-12-2004 by Ord. No. 2004-13]
(7) 
The proceedings at such hearing, including the findings and decision of the Mayor and Borough Council, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Zoning Officer and Clerk of the Borough of Netcong. Such record shall also include a copy of every notice or order issued in connection with the matter.
[Amended 8-12-2004 by Ord. No. 2004-13]
(8) 
Any person aggrieved by the decision of the Mayor and Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
C. 
Emergencies.
(1) 
Whenever the Zoning Officer (or his representative authorized by the Mayor and Borough Council of the Borough of Netcong) 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.
[Amended 8-12-2004 by Ord. No. 2004-13]
(2) 
Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Mayor and Borough Council, he or she shall be afforded a hearing as soon as possible.
(3) 
After such hearing, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Mayor and Borough Council shall continue such order in effect, or modify it or revoke it.

§ 186-5 Rules and regulations.

[Amended 8-12-2004 by Ord. No. 2004-13]
The Zoning Officer 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, however, 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 Zoning Officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the Borough of Netcong.

§ 186-6 Conformity with standards required.

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.

§ 186-7 Violations and penalties.

[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.