[Ord. No. 1329, § 7]
The Health Officer, the Assistant Health Officer, the Chief
of the Fire Department and the Construction Official are hereby designated
to serve as public officers hereunder, and all inspections, regulations,
enforcement, and hearings on violations of the provisions of this
code, unless expressly stated to the contrary, shall be under their
direction and supervision. They may appoint or designate such other
employees of the Township to perform duties that may be necessary
to the enforcement of this code, including the making of inspections
and holding of hearings. However, all such appointments or designation
of other employees are subject to the approval and consent of the
Township Manager.
[Ord. No. 1329, § 7]
All buildings and premises subject to this code are subject
to inspections from time to time by the public officers and the duly
appointed inspectors of the Township. At the time of such inspections,
all rooms in the buildings and all parts of the premises must be available
and accessible for such inspections, and the owner, operator and occupant
are required to provide the necessary arrangement to facilitate such
inspections. Such inspections shall be made between 8:00 a.m. and
5:00 p.m. unless one of the following conditions exists:
(a)
The premises are not available during the foregoing hours for inspection;
(b)
There is reason to believe that violations are occurring on the premises
which can be only apprehended and proven by inspection during other
than the prescribed hours or which require immediate inspection after
being reported, such as failure to supply heat;
(c)
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety, requiring inspection and
abatement without delay.
[Ord. No. 1329, § 7]
Public officers and inspectors shall be supplied with official
identification and upon request shall exhibit such identification
when entering any dwelling unit, rooming unit or other part of the
premises subject to this code. Inspectors shall conduct themselves
so as to avoid intentional embarrassment or inconvenience to the occupants.
They shall explain the purpose of their visit to the occupants.
[Ord. No. 1329, § 7; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
(a)
Where
any public officer or duly appointed inspector is refused entry or
access or is otherwise impeded or prevented from conducting an inspection
pursuant to this chapter by the owner, operator or occupant of any
premises, such public officers may, upon affidavit, apply to the Municipal
Judge of the Township for a search warrant. If the Municipal Judge
is satisfied as to the matter set forth in such affidavit, and if
he finds that probable cause for issuance of the search warrant exists,
he shall authorize the issuance of a search warrant permitting access
to and inspection of the particularly described building or all the
buildings in a particularly described area.
(b)
Probable
cause permitting the issuance of the aforesaid search warrant may
include, but is not limited to, the following:
[Ord. No. 1329, § 7]
Except as provided elsewhere in this code, where a violation
of this code or the regulations hereunder is found to exist, a written
notice from any of the public officers shall be served upon the person
or persons responsible for the correction thereof.
[Ord. No. 1329, § 7]
The notice shall specify the violation or violations committed, a reasonable period of time, not to exceed 30 days, to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the public officer in five days after service unless the hearing is requested, pursuant to § 29A-105.
[Ord. No. 1329, § 7]
Notice may be served personally or by prepaid telegram or by
mail with postage prepaid, addressed to the last-known address of
the person to be served. In the case of an occupant, notice may be
posted upon the door of his dwelling unit or rooming unit. Where it
is ascertained that the owner does not reside on the premises, the
"last-known address" shall be the address of the owner as shown in
the office of the Tax Collector. If the last-known address cannot
be ascertained, the notice may be posted on the outside front entrance
of the dwelling. The public officers shall file and provide notices
to any owner, operator or occupant of any violation at any address
other than the last-known address provided hereunder if such other
address is filed with the public officer personally or by certified
mail addressed to the public officer. Service upon an owner, operator
or occupant may also be attained by service of any notice upon a member
of the family of the owner, operator or occupant. Date of service
of the notice shall be determined where service is by mail as the
day following the day of mailing for notices to addresses within the
Township, and as of the fourth day after the day of mailing for notices
to addresses outside the Township. Where the day of service would
fall upon a Sunday or other day when mail is not ordinarily delivered,
then the day of service shall be the next regular delivery day.
[Ord. No. 1329, § 7]
Within five days of the date of service of a notice, the notice
shall constitute a final order unless any person affected by the notice
requests a hearing thereon and serves a written request within a five-day
period in person or by mail on the public officer. Such request for
a hearing shall set forth briefly the grounds or reasons on which
the request for a hearing is based and the factual matters contained
in the notice of violation which are to be disputed at the hearing.
The public officer, upon receipt of the request, shall, within 30
days therefrom and upon five days' notice to the party aggrieved,
set the matter down for hearing.
[Ord. No. 1329, § 7]
At any hearing provided hereunder, the public officers shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require the production of books, records or other documents at
any such hearing which may be pertinent to matters to be determined
by them and to enforce any such subpoena or secure any order for the
enforcement of any such subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
public officers shall issue an order either incorporating the determination
and directions contained in the notice, modifying the same or withdrawing
the notice.
[Ord. No. 1329, § 7]
The public officers may extend the time for correction or abatement
of the violation for an additional period of time not to exceed 30
days, except where major capital improvement or renovations are involved,
in which instance the time for completion may be extended for a period
not to exceed 90 days beyond the expiration date of the original notice.
[Ord. No. 1329, § 7]
Where the violation or conditions existing on the premises are
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the public officers may either abate
the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days; and upon failure to do so, the public
officers shall abate the condition immediately thereafter.
[Ord. No. 1329, § 7]
Where abatement of a violation or condition is required hereunder,
public officers shall cause to be certified to the owner of the premises
the cost thereof, and the owner may request a hearing on the reasonableness
of such cost as provided in this chapter. After such hearing, a final
determination shall be made as to the reasonable cost of abatement,
which determination shall be certified to the Tax Collector and shall
become a lien on the property and be collected by the same procedure
as real property taxes.
[Ord. No. 1329, § 7]
Any violation of any ordinance other than this code discovered
by an inspector shall be reported to the public officers, who shall
refer the alleged violation to the official or agency responsible
for the enforcement of such other ordinance.
[Ord. No. 1329, § 7]
Where there exists a violation of occupancy standards hereunder,
an owner or operator, upon receipt of a notice of violation, if unable
to eliminate the violation by peaceable means within the period of
time specified in such notice, shall commence within such period legal
action to dispossess, evict or eject the occupants who cause the violation.
No further action hereunder shall then be taken against the owner
or operator so long as the action aforesaid is pending in the court
and is prosecuted expeditiously and in good faith.
[Ord. No. 1329, § 7]
Notwithstanding the requirements of this code in relation to
the procedure of violation and notice, sections dealing with imminent
danger to health, safety and welfare of occupants may be prosecuted
without notice by the filing of a complaint by the public officer
in the Municipal Court. Where the public officer shall determine that
there was a violation and a notice was served, whether or not such
violation was abated prior to the issuance of an order, if thereafter
within the space of one year there shall be a second violation of
the same provision of this code discovered on the same premises, the
offender may be prosecuted on the second violation without the public
officer first giving notice and opportunity for a hearing to the owner,
operator or occupant by the filing of a complaint by the public officer
in the Municipal Court.
[Ord. No. 1329, § 7]
For the purpose of enforcement of this code, the service of
notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until such
violations are abated in conformity with this code and the other applicable
ordinances of the Township.
