[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 1-7-1959.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous or unfit buildings and dwellings — See Ch. 80.
Apartment certificates of occupancy — See Ch. 83.
Fire prevention — See Ch. 101.
Rooming houses; licenses — See Ch. 158.
[1]
Editor's Note: The provisions of this chapter are derived
from Ch. 18 of the former Revised Ordinances of the City of Hoboken,
New Jersey, adopted 1-7-1959 by Ord. No. 123.
A.
AUTHORIZED AGENT
BASEMENT
CELLAR
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
HABITABLE ROOM
HEALTH OFFICER
INFESTATION
MULTIPLE DWELLING
OCCUPANT
OPERATOR
ORDER OR RULE
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PERSON
PLUMBING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TEMPORARY HOUSING
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
A Sanitary Inspector First Grade or a Public Health Nuisance
Investigator of the Hoboken Board of Health.
[Added 10-18-1995 by Ord. No. R-149]
A portion of the building located partly underground but
having less than 3/4 of its clear floor to ceiling height below the
average grade of the adjoining ground.
A portion of a building located partly or wholly underground
and having 3/4 or more of its clear floor to ceiling height below
the average grade of the adjoining ground.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing as hereinafter defined shall not be regarded as a "dwelling."
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating.
The control and elimination of insects or other pests by
eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; by poisoning, spraying, fumigating
or trapping; or by any other recognized and legal pest elimination
methods approved by the Health Officer.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, pantries, recreation rooms in
cellar or basement space, foyers or communicating corridors, closets
and storage spaces.
The legally designated Health Officer of the City of Hoboken
or his authorized representative.
The presence within or around a dwelling of any insects,
rodents or other vermin.
[Amended 10-18-1995 by Ord. No. R-149]
Any dwelling containing more than two dwelling units.
Any person over one year of age living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
A directive of the Health Officer.
[Added 10-18-1995 by Ord. No. R-149]
The temperature, 15° F. above the lowest recorded temperature
for the previous ten-year period.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this chapter and of rules and regulations adopted
pursuant thereto to the same extent as if he were the owner.
Includes any individual, firm, corporation, association,
partnership or management agency and their agents and employees.
[Amended 10-18-1995 by Ord. No. R-149]
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines.
Any dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father, sister or brother of the owner or operator.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass crockery and dust.
Paid for, furnished or provided by or under the control of
the owner or operator.
Any tent, trailer or other structure used for human shelter,
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utilities system on the
same premises for more than 30 consecutive days.
B.
Use of terms. Whenever the words "dwelling," "dwelling unit," "rooming
house," "rooming unit," or "premises" are used in this chapter, they
shall be construed as though they were followed by the words "or any
part thereof."
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 City of Hoboken, 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 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 unit 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 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 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,
he shall give notice of such alleged violation to the person or persons
responsible therefor, as hereinafter provided. 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.
(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 regular
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.
[Amended 9-7-1994 by Ord. No. R-74[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
A(5), which required an outline of remedial action.
B.
Any person effected 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 Health Officer, provided that such
person shall file in the office of the Health Officer a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day that notice was served.
Upon receipt of such petition, the Health Officer 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 Health Officer may postpone the date of hearing
for a reasonable time beyond such ten-day period, if in his judgment
the petitioner has submitted a good and sufficient reason for such
postponement.
C.
After such hearing, the Health Officer shall sustain, modify or withdraw
the notice, order or rule depending upon his findings as to whether
the provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with.
[Amended 10-18-1995 by Ord. No. R-149]
D.
The proceedings at such hearing, including the findings and decision
of the Health Officer, shall be summarized, reduced to writing and
entered as a matter of public record in the office of the Health Officer.
Such record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the Health Officer may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this state.
E.
Whenever the Health Officer finds that an emergency exists which
requires immediate action to protect the public health, 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 Health Officer, shall be afforded a hearing as
soon as possible, After such hearing, depending upon his findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with, the
Health Officer shall continue such order in effect, or modify it,
or revoke it.
[Amended 10-18-1967 by Ord. No. 294; 10-18-1995 by Ord. No. R-149]
No person shall occupy as owner-occupant or let to another for
occupation any dwelling or dwelling unit, for the purpose of living,
sleeping, cooking or eating therein, which does not comply with the
following requirements:
A.
Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a water and sewer system approved
by the Health Officer.
B.
All dwelling units are required to have a private bathroom, with
a separate room contiguous to and capable of being closed off from
the rest of the dwelling unit, supplied with adequate heat, light,
hot and cold running water and properly connected to a water and sewer
system equipped with flush toilet, lavatory basin and bathtub or shower,
all in good working condition.
C.
Every kitchen sink, lavatory basin and bathtub or shower required
under the provisions of this chapter and this subsection shall be
properly connected with both hot and cold waterlines.
D.
Every dwelling unit shall be supplied with adequate rubbish storage
facilities, type and location of which are approved by the Health
Officer or as per law.
E.
Every dwelling unit shall have adequate garbage disposal facilities
or garbage containers, type and location of which are approved by
the Health Officer or as per law.
F.
Every dwelling unit shall have supplied water-heating facilities
which are properly installed, are maintained in safe and good working
condition, are properly connected with the hot waterlines required
under the provisions of this chapter and are capable of heating water
to be drawn at every required kitchen sink, lavatory basin, bathtub
or shower at a temperature of not less than 120° F.
G.
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of this state and this City.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
A.
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured
between stops, for every habitable room shall be 10% of the floor
area of such room. Whenever walls or other portions of structures
face a window of any such room and such light-obstruction structures
are located less than three feet from the window and extend to a level
above that of the ceiling of the room, such window shall not be deemed
to face directly to the outdoors and shall not be included as contributing
to the required minimum total window area. Whenever the only window
in a room is a skylight-type window in the top of such room, the total
window area of such skylight shall equal at least 15% of the total
floor area of such room.
[Amended 10-18-1995 by Ord. No. R-149]
B.
Where an interior room without its own source of natural light and
ventilation is adjacent to an outside room having both, such room
will be considered acceptable as a habitable room on the basis of
the calculate combined floor area of the two rooms and provided that
the separating wall between them has an opening either six feet wide
or is 70% as wide as the inside room or that said separating wall
be four feet above the floor for the entire width of the room, except
space required for a doorway.
[Added 9-16-1970 by Ord. No. 345]
C.
Every habitable room shall have at least one window or skylight which
can easily be opened or such other device as will adequately ventilate
the room. The total of openable window area in every habitable room
shall be equal to at least 45% of the minimum window area size or
minimum skylight-type window size, as required by this chapter, except
where there is supplied some other device affording adequate ventilation
and approved by the Health Officer.
[Amended 10-18-1995 by Ord. No. R-149]
D.
Every bathroom and water closet compartment shall have a window comprising
5% of the total floor space of the bathroom and water closet compartment,
except that no window shall be required in adequately ventilated bathrooms
and water closet compartments equipped with a ventilation system which
is kept in continuous operation.
[Amended 10-18-1995 by Ord. No. R-149]
E.
Where there is electric service available from power lines which
are not more than 300 feet away from a dwelling, every habitable room
of such dwelling shall contain at least two separate floor- or wall-type
electric convenience outlets or one such convenience outlet and one
supplied ceiling-type electric light fixture; and every water closet
compartment, bathroom, laundry room, furnace room and public hall
shall contain at least one supplied ceiling- or wall-type electric
light fixture. Every such outlet and fixture shall be properly installed,
shall be maintained in good and safe working condition and shall be
connected to the source of electric power in a safe manner.
[Amended 10-18-1995 by Ord. No. R-149]
F.
Every dwelling unit shall have heating facilities which are properly
installed, maintained in good and safe working condition and are capable
of safely and adequately heating all habitable rooms, bathrooms and
water closet compartments to a temperature of at least 70° F.,
at a distance of three feet above floor level, under ordinary minimum
winter conditions. Nonvented portable oil-heating stoves are banned
herewith.
[Amended 10-18-1995 by Ord. No. R-149]
G.
Every public hall and stairway in every multiple dwelling containing
three or more dwelling units shall be adequately lighted at all times.
Every public hall and stairway in structures devoted solely to dwelling
occupancy and containing not more than two dwelling units may be supplied
with conveniently located light switches controlling an adequate lighting
system which may be turned on when needed instead of full-time lighting.
H.
Whenever the ambient air temperature of any habitable dwelling unit
within the City of Hoboken falls below 70° F., between the dates
of October 1 and May 1, for a period of six hours or repairs to a
heating unit or heating system is expected to take longer than six
hours to repair, the owner, owners, property manager, management agency
or person in charge of said dwelling unit shall immediately provide
and furnish space heaters, at no expense to the tenants, to all habitable
dwelling units, in such number that the ambient air temperature of
all habitable rooms in said dwelling units is at least 70° F.
The number of space heaters required for any dwelling units or particular
dwelling unit may be reduced at the sole discretion of the Health
Officer, upon request of the owner or his agent.
[Amended 10-18-1995 by Ord. No. R-149]
(1)
Space heaters shall be used strictly as a temporary means of providing
heat until repairs can be made to the heating unit or heating system.
Repairs to all heating units and heating systems, between the dates
of October 1 and May 1, shall begin immediately upon knowledge or
notification of any malfunction or disrepair with said heating unit
or heating system.
(2)
Each day's failure to provide the requisite number of space
heaters to individual dwelling units shall constitute a separate and
distinct offense.
(3)
Each dwelling unit that does not receive space heaters, as required
by this chapter, shall constitute a separate and distinct offense.
I.
Every basement or cellar window used or intended to be used for ventilation
and every other opening to a basement which might provide an entry
for rodents shall be supplied with a screen or such other device as
will effectively prevent their entrance.
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living
therein which does not comply with the following requirements:
A.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, free from the substantial presence of mold, watertight
and rodentproof and shall be kept in good repair.
[Amended 3-6-2019 by Ord. No.
B-112]
B.
Every window, exterior floor and basement hatchway shall be reasonably
weathertight, watertight and rodentproof and shall be kept in sound
working condition and good repair.
C.
Every inside and outside stair, every porch and every appurtenance
thereto shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and shall be kept in sound condition and good repair.
D.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
from defects, leaks and obstructions.
E.
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
F.
Every supplied facility, piece of equipment or utility which is required
under this chapter shall be so constructed or installed that it will
function safely and effectively and shall be maintained in satisfactory
working condition.
G.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this chapter to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or
during temporary emergencies when discontinuance of service is approved
by the Health Officer.
H.
Maintenance.
(1)
Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building covered by this chapter shall be kept in good repair
and capable of the use intended, and all interior and exterior part
or parts subject to corrosion or deterioration shall be kept painted.
(2)
IN GOOD REPAIR
KEPT PAINTED
SUBSTANTIAL PRESENCE OF MOLD
Definitions. For the purpose of this section, the following terms
shall have the meanings indicated:
Said building is safe for use and proofed against the elements
and free from vermin.
All interior and exterior part or parts subject to corrosion
or deterioration, when corroded or deteriorated, shall be painted.
The visible or detectable presence of mold growing on interior
surfaces or in ventilation ducts, in such amounts as to raise concerns
for the health of the residents of the building, as identified by
the City of Hoboken Health Officer, or the Health Officer's designee.
[Added 3-6-2019 by Ord. No. B-112]
A.
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shared or public areas of the dwelling and premises thereof.
B.
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and
premises thereof which he occupies and controls.
C.
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by § 95-4D of this chapter.
[Amended 10-18-1995 by Ord. No. R-149]
D.
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste, which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storing containers required by § 95-4E of this chapter.
[Amended 10-18-1995 by Ord. No. R-149]
E.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises; and every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination, whenever his dwelling unit shall
be responsible for such extermination or whenever his dwelling unit
is the only one infested. Notwithstanding the foregoing provisions
of this subsection, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonably insectproof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two or more of the dwelling units in
any dwelling or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
F.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof, except repairs.
[Amended 10-18-1995 by Ord. No. R-149]
No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this chapter, except the provisions of §§ 95-4 and 95-7 of this chapter.
A.
No person shall operate a rooming house unless he holds a valid rooming
house permit issued by the Health Officer and such other officer or
department of the City of Hoboken, under the provisions of any ordinance
now in force or hereafter adopted relating to rooming houses, in the
name of the operator and for the specific dwelling or dwelling unit.
The operator shall apply to the Health Officer for such permit, which
shall be issued by the Health Officer upon the compliance by the operator
with the applicable provisions of this chapter and of any rules and
regulations adopted pursuant thereto. This permit shall be displayed
in a conspicuous place within the rooming house at all times. No such
permit shall be transferable. Every person holding such a permit shall
give notice, in writing, to the Health Officer 24 hours after having
sold, transferred, given away or otherwise disposed of ownership of,
interest in or control of any rooming house. Such notice shall include
the name and address of persons succeeding to the ownership or control
of such rooming house. Every rooming house permit shall expire on
December 31 of each year, unless sooner suspended or revoked as hereinafter
provided.
B.
Any person whose application for a permit to operate a rooming house
has been denied may request and shall be granted a hearing on the
matter before the Health Officer under the procedure provided by this
chapter.
C.
Whenever, upon inspection of any rooming house, the Health Officer
finds that conditions or practices exist which are in violation of
any provision of this chapter or of any rule or regulation adopted
pursuant thereto, the Health Officer shall give notice, in writing,
to the operator of such rooming house that unless such conditions
or practices are corrected within a reasonable period, to be determined
by the Health Officer, the operator's rooming house permit will
be suspended. At the end of such period, the Health Officer shall
reinspect such rooming house, and, if he finds that such conditions
or practices have not been corrected, he shall give notice, in writing,
to the operator that the latter's permit has been suspended.
Upon receipt of such notice of suspension, such operator shall immediately
cease operation of such rooming house, and no person shall occupy,
for sleeping or living purposes, any rooming unit therein.
D.
Any person whose permit to operate a rooming house has been suspended
or who has received notice from the Health Officer that his permit
is to be suspended, unless existing conditions or practices at this
rooming house are corrected, may request and shall be granted a hearing
on the matter before the Health Officer, under the procedure provided
by this chapter, provided that no petition for such hearing is filed
within 10 days following the date on which such permit shall be deemed
to have been automatically revoked.
E.
At least one flush water closet, lavatory basin and bathtub or shower,
properly connected to water and sewer systems and in good working
condition, shall be supplied for each eight persons or fraction thereof
residing within a rooming house, including members of the operator's
family, whenever they share the use of said facilities, provided that,
in a rooming house where rooms are let only to males, flush urinals
may be substituted for not more than 1/2 of the required number of
water closets. All such facilities shall be so located within the
dwelling as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities. Every lavatory basin and bathtub
or shower shall be supplied with hot water at all times. No such facilities
shall be located in a basement, except by written approval of the
Health Officer.
F.
The operator of every rooming house shall change supplied bed linens
and towels therein at least once each week and prior to the letting
of any room to any occupant. The operator shall be responsible for
the maintenance of all supplied bedding in a clean and sanitary manner.
G.
Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of additional floor space for each additional occupant
thereof.
H.
Every rooming unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of the state and this City.
I.
The operator of every rooming house shall be responsible for the
sanitary maintenance of all walls, floors and ceilings and for maintenance
of a sanitary condition in every other part of the rooming house;
and he shall be further responsible for the sanitary maintenance of
the entire premises where the entire structure or building is leased
or occupied by the operator.
The designation of dwellings or dwelling units as unfit for
human habitation and the procedure for the condemnation or placarding
of such unfit dwellings or dwelling units shall be carried out in
compliance with the following requirements:
A.
Any dwelling or dwelling unit which shall be found to have any of
the following defects shall be condemned as unfit for human habitation
and shall be so designated and placarded by the Health Officer.
B.
A dwelling unit which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
C.
A dwelling unit which lacks illumination, ventilation or sanitary
facilities adequate to protect the health and safety of the occupants
or of the public.
D.
A dwelling unit which, because of its general condition or location,
is unsanitary or otherwise dangerous to the health and safety of the
occupants or of the public.
E.
Any dwelling or dwelling unit condemned as unfit for human habitation,
and so designated and placarded by the Health Officer, shall be vacated
within a reasonable time as ordered by the Health Officer.
F.
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from and such placard is removed
by the Health Officer. The Health Officer shall remove such placard
whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated.
G.
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection F.
[Amended 10-18-1995 by Ord. No. R-149]
H.
Any person affected by any notice or order relating to the condemning
and placarding of a dwelling or dwelling unit as unfit for human habitation
may request and shall be granted a hearing on the matter before the
Health Officer, under the procedure set forth in this chapter.
[Amended 10-18-1995 by Ord. No. R-149]
[Added 10-18-1995 by Ord. No. R-149]
The Health Officer is hereby empowered to order a hearing for the purpose of ensuring that provisions of this chapter are met. The Health Officer shall notify, in writing, any person to whom such order is issued, stating the time, location and a brief reason for the hearing. Once notified, said person shall comply with all aspects of said order. Any person who neglects or refuses to abide by said order shall face penalties pursuant to § 95-11, Violations and penalties, of this chapter.
[Amended 11-4-1987 by Ord. No. V-140; 10-18-1995 by Ord. No. R-149]
Any person who shall violate any provision of this chapter or
any provision of any rule, regulation or order adopted by the Board
of Health pursuant to authority granted by this chapter shall, upon
conviction in the Municipal Court or other court of competent jurisdiction,
be punished by a fine of not more than $1,000 or community service
for not more than 90 days or imprisonment for a term not exceeding
90 days, and each day's failure to comply with any provision
shall constitute a separate and distinct violation.
[1]
Editor's Note: Former § 95-11.1, Demolition
of buildings, added 5-14-1994 by Ord. No. R-42, was repealed 10-18-1995
by Ord. No. R-149.
[Added 10-18-1995 by Ord. No. R-149]
Any notice, order or rule issued by the Health Officer or his
authorized agent shall be taken to mean as issued by the Hoboken Board
of Health.
[Added 10-18-1995 by Ord. No. R-149]
In the event that any section, subsection or any part of this
code shall be declared invalid, such decision shall not be deemed
to affect the validity of any other section, subsection or other part
of this code.
[Added 10-18-1995 by Ord. No. R-149]
All ordinances, codes or parts of the same inconsistent with
any provisions of this chapter are hereby repealed to the extent of
such inconsistency.
