[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.
Water — See Ch. 276.
Public health nuisances — See Ch. 288.
Individual sewage disposal systems — See Ch. 295.
Solid waste disposal — See Ch. 300.
[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.
[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.
[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.
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.
[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.
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.
