[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 12-9-1963. Amendments noted where applicable.]
This chapter may be cited as the "Housing Code
of the Borough of Park Ridge."
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Borough of Park Ridge.
The Borough of Park Ridge.
That certain code approved by the State Department of Conservation
and Economic Development and the State Department of Health and filed
in the office of the Secretary of State on January 31, 1962, prescribing
the standards to guide a municipality authorized, by the ordinance
adopting the said code, to enforce the same, in determining the fitness
of a building for human habitation, use or occupancy.
A.
Pursuant to the provisions of the Laws of 1946, Chapter
21, as amended by the Laws of 1948, Chapter 276 (N.J.S.A. 40:49-5.1
et seq.), the New Jersey State Housing Code is hereby adopted and
established as constituting the standards to be used in determining
whether dwellings in the Borough are safe and sanitary and fit for
human habitation, use, rental or occupancy.
B.
The said New Jersey State Housing Code is hereby incorporated
in this chapter by reference and made a part hereof as though it had
been set forth herein at length, a printed copy thereof having been
annexed to the ordinance passed November 12, 1962, adopting said State
Housing Code.
C.
Three copies of said New Jersey State Housing Code
have been placed on file in the office of the Borough Clerk and in
the office of the Board of Health and shall there remain on file for
use and examination by the public so long as this chapter shall remain
in effect.
No person shall occupy as owner or occupant
or rent to another for occupancy any dwelling or dwelling unit for
the purpose of living therein which does not conform to the applicable
provisions of the New Jersey State Housing Code.
The Board of Health shall be and is hereby designated
as the agency to exercise the powers prescribed by this chapter and
to enforce the provisions thereof. The Board shall serve in such capacity
without any additional salary.
The Board of Health is hereby authorized and
empowered to make, adopt and enforce such written rules and regulations
as it 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
Board of Health shall file a certified copy of all rules and regulations
which it may adopt in its office and in the office of the Borough
Clerk.
A.
The Board of Health is hereby authorized and directed
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Borough in order
that it may perform its duty of safeguarding the health and safety
of the occupants of dwellings and of the general public.
B.
For the purpose of making the inspections referred to in Subsection A of this section, the Board of Health is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises.
C.
The owner or occupant of every dwelling, dwelling
unit and rooming unit, or the person in charge thereof, shall give
the Board of Health 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.
A.
Whenever the Board of Health 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, it shall give notice of such alleged violation to the person or persons responsible therefor, as provided in Subsections B and C of this section. Any notice served pursuant to this section shall automatically be deemed and become an order unless a written petition for a hearing is filed in the office of the Board of Health within 10 days after such service of notice, as provided in § 70-10A.
B.
Notice of violations given pursuant to Subsection A hereof shall:
(1)
Be in writing.
(2)
Contain a statement of the alleged violation or violations.
(3)
Specify a reasonable time within which the violation
or violations shall be abated, corrected or eliminated.
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At the option of the Board of Health, the notice
of violation or violations may contain an outline of remedial action
which, if taken, will abate, correct or eliminate the violation or
violations alleged in the notice.
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C.
A copy of the notice of violation given pursuant to Subsections A and B of this section shall be served upon the owner or his agent or the occupant, as the case may require, personally or by registered or certified mail addressed to him at his last known address, or by posting said copy in a conspicuous place in or about the dwelling affected by such notice, or by any other method authorized or required by the laws of this state.
A.
Any person given notice pursuant to § 70-9 of a violation of this chapter or any rule or regulation adopted pursuant thereto shall be entitled to a hearing upon the matter before the Board of Health if a written petition, briefly setting forth the grounds for a hearing, is filed in the office of the Board of Health within 10 days of the service of the notice. Upon receipt of the petition, the Board of Health shall fix a time and place for the hearing, but not later than 10 days after the filing of the petition, and shall give the petitioner written notice thereof by registered or certified mail.
B.
The hearing shall be commenced before the Board of
Health within 10 days after the filing of the petition unless, on
application of the petitioner and a showing of good cause, the Board
of Health grants a postponement thereof to a fixed date which it deems
reasonable under the circumstances.
C.
At the hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
D.
The Board of Health, after the hearing, shall sustain,
modify or withdraw the notice in accordance with 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 Board of
Health sustains or modifies such notice, it shall be deemed to be
and have the effect of an order.
E.
The proceedings at such hearing, including the findings
and decision of the Board of Health, shall be summarized and reduced
to writing and entered as a matter of public record in the office
of the Board of Health. Such record shall also include a copy of every
notice or order issued in connection with the matter.
A.
Whenever the Board of Health finds that, in any dwelling, dwelling unit, rooming and premises located within the Borough, a condition exists in violation of this chapter or the rules and regulations adopted pursuant thereto which presents such immediate and serious threat to the health and safety of the occupants and thereof or of the general public as to require emergency action for their protection, it shall, without notice or hearing, issue and cause to be served an order in the mode specified in § 70-9 of this chapter, reciting the existence of the conditions creating the emergency and requiring that such corrective action be taken as it deems necessary to meet the emergency and as specified in the order. Notwithstanding any other provision of this chapter to the contrary, such order shall be effective immediately upon service.
B.
The person to whom the order referred to in Subsection A of this section is directed shall comply therewith forthwith unless within 48 hours of the service of the order he petitions in writing the Board of Health to afford him a hearing as soon as possible for the purpose of reviewing such order. At the conclusion of such hearing, the Board of Health, depending upon its findings, shall continue the order in effect, or modify it, including, but not by way of limitation, the time for compliance therewith, or rescind it. A record of the proceedings of such hearing shall be taken and entered as provided in § 70-10 hereof.
[Amended 7-8-1974 by Ord. No. 74-16]
Any person who violates any provision of this
chapter or of the rules and regulations adopted pursuant thereto shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
