[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 4-26-2004 by Ord. No. 106-04. Amendments noted where
applicable.]
The Hunterdon County Health Department (herein "Department")
be and is hereby designated as the officer to exercise the powers
prescribed by this chapter.
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 (1980 Revision), N.J.A.C.
5:28-1.1 et seq., 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 the Borough of Bloomsbury (herein "Borough")
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 copies of the same have been placed on file in the
office of the Borough Clerk and are available for inspection during
regular business hours.
The Department 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 to 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 Department 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 such dwelling, dwelling
unit, and rooming unit, or the person in charge thereof, shall give
the Department 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. Each occupant of a dwelling or
dwelling unit shall give the owner thereof, or his agent and 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 Department 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.
A.
Such notice
shall:
(1)
Be
put in writing;
(2)
Include
a statement of the reasons why it is being issued;
(3)
Allow
a reasonable time for the performance of any act it requires; and
(4)
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 certified 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.
B.
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.
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.
