Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Municipal Council) of the Borough of Hawthorne 10-16-1963 by Ord. No. 1072 (Ch. 115 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 45, Art. V.
Uniform construction codes — See Ch. 185.
Property maintenance — See Ch. 370.
Rooming houses — See Ch. 388.
Sewers and sewage disposal — See Ch. 399.
Solid waste — See Ch. 425.
Water — See Ch. 530.
Zoning — See Ch. 540.
[Amended 4-16-2008 by Ord. No. 1936-08]
There is hereby established in the Borough of Hawthorne the position of Housing Officer, to be filled by appointment by the Mayor. Such Housing Officer shall be and is hereby designated as the officer to exercise the power prescribed by this chapter. Whenever circumstances shall so require, more than one such Housing Officer may be appointed by said Mayor, in which event each Housing Officer so appointed shall exercise said powers.
[Amended 1-27-1988 by Ord. No. 1453; 12-20-1989 by Ord. No. 1510; 4-16-2008 by Ord. No. 1936-08]
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code (2005 Edition), or any subsequent edition duly approved and certified 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. Three copies of the New Jersey State Housing Code (2005 Edition) have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
The Housing 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 Hawthorne 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 Housing 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 Housing 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.
A. 
Whenever the Housing 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 be put in writing; include a statement of the reasons why it is being issued; allow a reasonable time for the performance of any act it requires; and 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 registered 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. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
B. 
Hearings.
(1) 
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 Municipal Council, provided that such person shall file in the office of the Borough Clerk 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.
(2) 
Upon receipt of such petition, the Borough Clerk shall, upon the advice and consent of the Municipal Council, 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.
(3) 
The hearing shall be commenced not later than 30 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Municipal Council may postpone the date of the hearing for a reasonable time beyond such thirty-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
(4) 
After such hearing the Municipal Council 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 Municipal Council 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 Borough Clerk within 10 days after such notice is served.
(5) 
The proceedings at such hearing, including the findings and decision of the Municipal Council, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
(6) 
Any person aggrieved by the decision of the Municipal Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(7) 
Whenever the Housing Officer 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. 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 Municipal Council shall be afforded a hearing as soon as possible. After such hearing, 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, the Municipal Council shall continue such order in effect or modify it or revoke it.
The Housing Officer 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 anywise alter, amend or supersede any of the provisions thereof. The Housing Officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Borough Clerk of the Borough of Hawthorne.
[Amended 1-27-1988 by Ord. No. 1453; 12-20-1989 by Ord. No. 1510; 4-16-2008 by Ord. No. 1936-08]
A. 
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, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
B. 
Except as otherwise stated, 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 $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days, and each violation of any of the provisions of this chapter each day the same is violated shall be deemed and taken to be a separate and distinct offense.