[HISTORY: Adopted by the Mayor and Council of the Borough of Glen
Gardner 8-20-1996 by Ord. No. 96-5. Amendments
noted where applicable.]
The Glen Gardner Board of Health, acting through its designated health
officer, the Hunterdon County Health Department (hereinafter "health officer"),
be and is hereby designated as the officer to exercise the powers prescribed
by the within chapter, and shall serve in such capacity without any additional
salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1
et seq.) the New Jersey State Housing Code (1980 Revision), as approved by
the Department of Community Affairs and filed in the Secretary of State's
Office, 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 (1980 Revision) is annexed to this chapter, and three copies
of the same have been placed on file in the office of the Glen Gardner Borough
Clerk and are available to all persons desiring to use and examine the same.
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 Borough of Glen Gardner in order that it may perform
its 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 units 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 or her 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.
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, it shall give notice
of such alleged violation to the person or persons responsible therefor as
hereinafter provided. Such notice shall be put in writing; include a statement
of the reasons why it is being issued; and be served upon the owner or his
or her 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 or her personally;
or if a copy thereof is sent by certified mail to his or her 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 or she 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 provisions of this chapter and with rules and regulations adopted
pursuant thereto.
A.
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 Glen Gardner Board of Health, provided
that such person shall file in the office of the Glen Gardner Board of Health
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.
Upon receipt of such petition, the Glen Gardner Board of Health 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 Glen Gardner
Board of Health may postpone the date of the hearing for a reasonable time
beyond such ten-day period, if in his or her judgment the petitioner has submitted
a good and sufficient reason for such postponement. After such hearing the
Glen Gardner Board of Health 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 Glen Gardner Board of Health 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 Glen Gardner Board of Health within 10 days after such
notice is served.
B.
The proceedings at such hearing, including the findings
and decision of the Glen Gardner Board of Health, shall be summarized, reduced
to writing and entered as a matter of public record in the office of the Glen
Gardner Board of Health. Such record shall also include a copy of every notice
or order issued in connection with the matter.
C.
Any person aggrieved by the decision of the Glen Gardner
Board of Health may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
Whenever the Glen Gardner Board of Health or the Hunterdon County Health
Department finds that an emergency exists which requires immediate action
to protect the public health or safety, it may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring that
such action be taken as he or she deems necessary to meeting 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 Glen Gardner Board of Health
shall be afforded a hearing as soon as possible. After such hearing, depending
upon his or her findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied with,
the Glen Gardner Board of Health shall continue such order in effect, or modify
it or revoke it.
The Glen Gardner Board of Health is hereby authorized and empowered
to make and adopt 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 Glen Gardner 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 Clerk of the Borough of Glen Gardner.
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 (1980 Revision),
established hereby as the standard to be used in determining whether a dwelling
is safe, sanitary and fit for human habitation.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by any one or more of
the following: a fine of not to exceed $1,000 or by imprisonment in the County
Jail for a period of not to exceed 90 days or by a period of community service
not to exceed 90 days. 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.
