City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous or unfit buildings and dwellings — See Ch. 80.
Apartment certificates of occupancy — See Ch. 83.
Fire prevention — See Ch. 101.
Rooming houses; licenses — See Ch. 158.
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 18 of the former Revised Ordinances of the City of Hoboken, New Jersey, adopted 1-7-1959 by Ord. No. 123.

§ 95-1 Definitions; word usage.

A. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
A Sanitary Inspector First Grade or a Public Health Nuisance Investigator of the Hoboken Board of Health.
[Added 10-18-1995 by Ord. No. R-149]
BASEMENT
A portion of the building located partly underground but having less than 3/4 of its clear floor to ceiling height below the average grade of the adjoining ground.
CELLAR
A portion of a building located partly or wholly underground and having 3/4 or more of its clear floor to ceiling height below the average grade of the adjoining ground.
DWELLING
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as hereinafter defined shall not be regarded as a "dwelling."
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
EXTERMINATION
The control and elimination of insects or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the Health Officer.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, recreation rooms in cellar or basement space, foyers or communicating corridors, closets and storage spaces.
HEALTH OFFICER
The legally designated Health Officer of the City of Hoboken or his authorized representative.
INFESTATION
The presence within or around a dwelling of any insects, rodents or other vermin.
[Amended 10-18-1995 by Ord. No. R-149]
MULTIPLE DWELLING
Any dwelling containing more than two dwelling units.
OCCUPANT
Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a building or part thereof in which dwelling units or rooming units are let.
ORDER OR RULE
A directive of the Health Officer.
[Added 10-18-1995 by Ord. No. R-149]
ORDINARY MINIMUM WINTER CONDITIONS
The temperature, 15° F. above the lowest recorded temperature for the previous ten-year period.
OWNER
Any person who, alone or jointly or severally with others:
(1) 
Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) 
Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
PERSON
Includes any individual, firm, corporation, association, partnership or management agency and their agents and employees.
[Amended 10-18-1995 by Ord. No. R-149]
PLUMBING
Includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
ROOMING HOUSE
Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
SUPPLIED
Paid for, furnished or provided by or under the control of the owner or operator.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter, which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.
B. 
Use of terms. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

§ 95-2 Inspections.

The Health Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the City of Hoboken, 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 Health 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 Health 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 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.

§ 95-3 Enforcement; service of notices; hearings.

A. 
Whenever the Health Officer 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 or persons responsible therefor, as hereinafter provided. Such notice shall:
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
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 regular 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.
[Amended 9-7-1994 by Ord. No. R-74[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection A(5), which required an outline of remedial action.
B. 
Any person effected 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 Health Officer, provided that such person shall file in the office of the Health Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day that notice was served. Upon receipt of such petition, the Health Officer 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 application of the petitioner, the Health Officer may postpone the date of hearing for a reasonable time beyond such ten-day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
C. 
After such hearing, the Health Officer shall sustain, modify or withdraw the notice, order or rule 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.
[Amended 10-18-1995 by Ord. No. R-149]
D. 
The proceedings at such hearing, including the findings and decision of the Health Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer. 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 Health Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
E. 
Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, 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 Health Officer, 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 Health Officer shall continue such order in effect, or modify it, or revoke it.

§ 95-4 Basic equipment and facilities. [1]

[Amended 10-18-1967 by Ord. No. 294; 10-18-1995 by Ord. No. R-149]
No person shall occupy as owner-occupant or let to another for occupation any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements:
A. 
Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Health Officer.
B. 
All dwelling units are required to have a private bathroom, with a separate room contiguous to and capable of being closed off from the rest of the dwelling unit, supplied with adequate heat, light, hot and cold running water and properly connected to a water and sewer system equipped with flush toilet, lavatory basin and bathtub or shower, all in good working condition.
C. 
Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of this chapter and this subsection shall be properly connected with both hot and cold waterlines.
D. 
Every dwelling unit shall be supplied with adequate rubbish storage facilities, type and location of which are approved by the Health Officer or as per law.
E. 
Every dwelling unit shall have adequate garbage disposal facilities or garbage containers, type and location of which are approved by the Health Officer or as per law.
F. 
Every dwelling unit shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot waterlines required under the provisions of this chapter and are capable of heating water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F.
G. 
Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and this City.
[1]
Editor's Note: Former § 95-4, Adoption of Board of Health regulations, was repealed 10-18-1995 by Ord. No. R-149. This ordinance also provided for the renumbering of §§ 95-5, 95-6, 95-7, 95-9, 95-10, 95-11 and 95-12 as §§ 95-4, 95-5, 95-6, 95-7, 95-8, 95-9 and 95-11, respectively.

§ 95-5 Light, ventilation and heating.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
A. 
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.
[Amended 10-18-1995 by Ord. No. R-149]
B. 
Where an interior room without its own source of natural light and ventilation is adjacent to an outside room having both, such room will be considered acceptable as a habitable room on the basis of the calculate combined floor area of the two rooms and provided that the separating wall between them has an opening either six feet wide or is 70% as wide as the inside room or that said separating wall be four feet above the floor for the entire width of the room, except space required for a doorway.
[Added 9-16-1970 by Ord. No. 345]
C. 
Every habitable room shall have at least one window or skylight which can easily be opened or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required by this chapter, except where there is supplied some other device affording adequate ventilation and approved by the Health Officer.
[Amended 10-18-1995 by Ord. No. R-149]
D. 
Every bathroom and water closet compartment shall have a window comprising 5% of the total floor space of the bathroom and water closet compartment, except that no window shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation.
[Amended 10-18-1995 by Ord. No. R-149]
E. 
Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor- or wall-type electric convenience outlets or one such convenience outlet and one supplied ceiling-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling- or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner.
[Amended 10-18-1995 by Ord. No. R-149]
F. 
Every dwelling unit shall have heating facilities which are properly installed, maintained in good and safe working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments to a temperature of at least 70° F., at a distance of three feet above floor level, under ordinary minimum winter conditions. Nonvented portable oil-heating stoves are banned herewith.
[Amended 10-18-1995 by Ord. No. R-149]
G. 
Every public hall and stairway in every multiple dwelling containing three or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed instead of full-time lighting.
H. 
Whenever the ambient air temperature of any habitable dwelling unit within the City of Hoboken falls below 70° F., between the dates of October 1 and May 1, for a period of six hours or repairs to a heating unit or heating system is expected to take longer than six hours to repair, the owner, owners, property manager, management agency or person in charge of said dwelling unit shall immediately provide and furnish space heaters, at no expense to the tenants, to all habitable dwelling units, in such number that the ambient air temperature of all habitable rooms in said dwelling units is at least 70° F. The number of space heaters required for any dwelling units or particular dwelling unit may be reduced at the sole discretion of the Health Officer, upon request of the owner or his agent.
[Amended 10-18-1995 by Ord. No. R-149]
(1) 
Space heaters shall be used strictly as a temporary means of providing heat until repairs can be made to the heating unit or heating system. Repairs to all heating units and heating systems, between the dates of October 1 and May 1, shall begin immediately upon knowledge or notification of any malfunction or disrepair with said heating unit or heating system.
(2) 
Each day's failure to provide the requisite number of space heaters to individual dwelling units shall constitute a separate and distinct offense.
(3) 
Each dwelling unit that does not receive space heaters, as required by this chapter, shall constitute a separate and distinct offense.
I. 
Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively prevent their entrance.

§ 95-6 Safe and sanitary maintenance.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:
A. 
Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodentproof and shall be kept in good repair.
B. 
Every window, exterior floor and basement hatchway shall be reasonably weathertight, watertight and rodentproof and shall be kept in sound working condition and good repair.
C. 
Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.
D. 
Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.
E. 
Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
F. 
Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.
G. 
No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is approved by the Health Officer.
H. 
Maintenance.
(1) 
Every foundation, floor, wall, ceiling, door, window, roof or other part of a building covered by this chapter shall be kept in good repair and capable of the use intended, and all interior and exterior part or parts subject to corrosion or deterioration shall be kept painted.
(2) 
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
IN GOOD REPAIR
Said building is safe for use and proofed against the elements and free from vermin.
KEPT PAINTED
All interior and exterior part or parts subject to corrosion or deterioration, when corroded or deteriorated, shall be painted.

§ 95-7 Responsibilities of owners and occupants.

A. 
Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
B. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
C. 
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 95-4D of this chapter.
[Amended 10-18-1995 by Ord. No. R-149]
D. 
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste, which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storing containers required by § 95-4E of this chapter.
[Amended 10-18-1995 by Ord. No. R-149]
E. 
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination, whenever his dwelling unit shall be responsible for such extermination or whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
F. 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof, except repairs.

§ 95-8 Rooming houses. [1] [2]

[Amended 10-18-1995 by Ord. No. R-149]
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter, except the provisions of §§ 95-4 and 95-7 of this chapter.
A. 
No person shall operate a rooming house unless he holds a valid rooming house permit issued by the Health Officer and such other officer or department of the City of Hoboken, under the provisions of any ordinance now in force or hereafter adopted relating to rooming houses, in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Health Officer for such permit, which shall be issued by the Health Officer upon the compliance by the operator with the applicable provisions of this chapter and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the rooming house at all times. No such permit shall be transferable. Every person holding such a permit shall give notice, in writing, to the Health Officer 24 hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of any rooming house. Such notice shall include the name and address of persons succeeding to the ownership or control of such rooming house. Every rooming house permit shall expire on December 31 of each year, unless sooner suspended or revoked as hereinafter provided.
B. 
Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the Health Officer under the procedure provided by this chapter.
C. 
Whenever, upon inspection of any rooming house, the Health Officer finds that conditions or practices exist which are in violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, the Health Officer shall give notice, in writing, to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Health Officer, the operator's rooming house permit will be suspended. At the end of such period, the Health Officer shall reinspect such rooming house, and, if he finds that such conditions or practices have not been corrected, he shall give notice, in writing, to the operator that the latter's permit has been suspended. Upon receipt of such notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy, for sleeping or living purposes, any rooming unit therein.
D. 
Any person whose permit to operate a rooming house has been suspended or who has received notice from the Health Officer that his permit is to be suspended, unless existing conditions or practices at this rooming house are corrected, may request and shall be granted a hearing on the matter before the Health Officer, under the procedure provided by this chapter, provided that no petition for such hearing is filed within 10 days following the date on which such permit shall be deemed to have been automatically revoked.
E. 
At least one flush water closet, lavatory basin and bathtub or shower, properly connected to water and sewer systems and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house, including members of the operator's family, whenever they share the use of said facilities, provided that, in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 of the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement, except by written approval of the Health Officer.
F. 
The operator of every rooming house shall change supplied bed linens and towels therein at least once each week and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
G. 
Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of additional floor space for each additional occupant thereof.
H. 
Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the state and this City.
I. 
The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.
[1]
Editor’s Note: Former § 95-8, Space, use and location requirements, was repealed 10-18-1995 by Ord. No. R-149.
[2]
Editor's Note: See Ch. 158, Rooming Houses; Licenses.

§ 95-9 Unfit dwellings; condemnation procedures.

The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation or placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
A. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Health Officer.
B. 
A dwelling unit which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.
C. 
A dwelling unit which lacks illumination, ventilation or sanitary facilities adequate to protect the health and safety of the occupants or of the public.
D. 
A dwelling unit which, because of its general condition or location, is unsanitary or otherwise dangerous to the health and safety of the occupants or of the public.
E. 
Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Health Officer, shall be vacated within a reasonable time as ordered by the Health Officer.
F. 
No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Health Officer. The Health Officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
G. 
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection F.
[Amended 10-18-1995 by Ord. No. R-149]
H. 
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Health Officer, under the procedure set forth in this chapter.
[Amended 10-18-1995 by Ord. No. R-149]

§ 95-10 Hearing.

[Added 10-18-1995 by Ord. No. R-149]
The Health Officer is hereby empowered to order a hearing for the purpose of ensuring that provisions of this chapter are met. The Health Officer shall notify, in writing, any person to whom such order is issued, stating the time, location and a brief reason for the hearing. Once notified, said person shall comply with all aspects of said order. Any person who neglects or refuses to abide by said order shall face penalties pursuant to § 95-11, Violations and penalties, of this chapter.

§ 95-11 Violations and penalties.

[Amended 11-4-1987 by Ord. No. V-140; 10-18-1995 by Ord. No. R-149]
Any person who shall violate any provision of this chapter or any provision of any rule, regulation or order adopted by the Board of Health pursuant to authority granted by this chapter shall, upon conviction in the Municipal Court or other court of competent jurisdiction, be punished by a fine of not more than $1,000 or community service for not more than 90 days or imprisonment for a term not exceeding 90 days, and each day's failure to comply with any provision shall constitute a separate and distinct violation.

§ 95-11.1 (Reserved) [1]

[1]
Editor's Note: Former § 95-11.1, Demolition of buildings, added 5-14-1994 by Ord. No. R-42, was repealed 10-18-1995 by Ord. No. R-149.

§ 95-12 Permission of the Board.

[Added 10-18-1995 by Ord. No. R-149]
Any notice, order or rule issued by the Health Officer or his authorized agent shall be taken to mean as issued by the Hoboken Board of Health.

§ 95-13 Severability.

[Added 10-18-1995 by Ord. No. R-149]
In the event that any section, subsection or any part of this code shall be declared invalid, such decision shall not be deemed to affect the validity of any other section, subsection or other part of this code.

§ 95-14 Repealer.

[Added 10-18-1995 by Ord. No. R-149]
All ordinances, codes or parts of the same inconsistent with any provisions of this chapter are hereby repealed to the extent of such inconsistency.