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 9-4-1996 by Ord. No. R-201.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Chapter 120, Housing Standards, previously codified herein and containing portions of Ordinance No. 366.

§ 120-1 Administrative officer designated.

The Director of the Department of Environmental Services 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.

§ 120-2 Adoption of Maintenance of Hotels and Multiple Dwellings Code City of Hoboken.

Pursuant to the provisions of P.L. 1946, c 21 (N.J.S.A. 40:49-5.1) the State of New Jersey Rules for Maintenance of Hotels and Multiple Dwellings, ("N.J.A.C. 5:10 et seq."), as approved by the Department of Community Affairs, and amended and supplemented, is hereby accepted, adopted and establishes as a standard to be used as a guide in determining whether dwellings in this municipality are safe and fit for human habitation and rental. Three copies of the New Jersey State Rules for Maintenance of Hotels and Multiple Dwellings have been placed on file in the office of the City Clerk and are available to all persons desiring to use and examine the same.

§ 120-3 Inspections.

The Director of the Department of Environmental Services 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 safety of the occupants of dwellings and the general public. For the purpose of making such inspections, said Director 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 agents of said Director 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 employees, 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.

§ 120-4 Violations, enforcement procedures.

A. 
Whenever the Director of the Department of Environmental Services 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 therefore as hereinafter provided.
B. 
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 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 he is served with such 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 provision of this chapter and with rules and regulations adopted pursuant thereto.
C. 
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 Director of the Department of Environmental Services provided that such person shall file in the office of the Director of the Department of Environmental Services, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served.
D. 
Upon receipt of such petition, the Director of the Department of Environmental Services 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.
E. 
The hearing shall be commenced no later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Director of the Department of Environmental Services may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his judgement the petitioner has submitted a good and sufficient reason for such postponement.
F. 
After such hearing, the Director of the Department of Environmental Services 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 Director of the Department of Environmental Services 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 Director of the Department of Environmental Services within 10 days after such notice is served.
G. 
The proceedings at such hearing, including the findings and decision of the Director of the Department of Environmental Services shall be summarized, reduced to writing and entered as a matter of public record in the office of the City Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
H. 
Any person aggrieved by the decision of the Director of the Department of Environmental Services may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state. Whenever the Director of the Department of Environmental Services 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.
I. 
Notwithstanding the other provision 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 Director of the Department of Environmental Services shall be afforded a hearing as soon as possible.
J. 
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 Director of the Department of Environmental Services shall continue such order in effect or modify it or revoke it.

§ 120-5 Authority to adopt rules and regulations.

The Director of the Department of Environmental Services 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 any way alter, amend or supersede any of the provision thereof. The Director of the Department of Environmental Services shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the City Clerk of the City of Hoboken.

§ 120-6 Dwellings fit for human habitation.

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 this chapter, established hereby as the standard to be used in determining whether a dwelling is safe and fit for human habitation.

§ 120-7 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

§ 120-8 Designation of Department of Environmental Services/Division of Housing Inspection employees as inspectors.

The Director of the Department of Environmental Services shall authorize designated employees of the Department of Environmental Services/Division of Housing Inspection to carry out the inspection and reporting provisions of this chapter and of the Hoboken Housing Maintenance of Hotels and Multiple Dwelling Code herein adopted by the Mayor and Council of the City of Hoboken. Employees holding the following titles shall be authorized to enforce the provisions of this chapter:
A. 
Chief Field Representative, Property Improvements.
B. 
Housing Inspector.
C. 
Senior Field Representative, Property Improvements.
D. 
Senior Housing Inspector.