[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.]
[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.
