[HISTORY: Adopted by the Township Committee of the Township
of Riverside 12-13-1967 by Ord. No. 1967-17 (Ch. 163 of the 1995
Code). Amendments noted where applicable.]
The Health Officer and/or Building Inspector of the Township
of Riverside be and are hereby designated as the officers to exercise
the powers prescribed by this chapter and shall serve in such capacity
without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Department of Health and Conservation and Economic Development 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. A copy of the New Jersey State Housing Code is annexed to this chapter,[1] and three copies of the same have been placed on file
in the office of the Township Clerk and are available to all persons
desiring to use and examine the same.
[1]
Editor's Note: Said copy is on file in the office of the Township
Clerk.
The Health Officer and/or Building Inspector are hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township
of Riverside in order that said Health Officer and/or Building Inspector
may perform their duties 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 and/or Building Inspector
are hereby authorized to enter, examine and survey, with the consent
of the owner or tenant or with the proper authority issued by any
court of competent jurisdiction, 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 allow the Health Officer and/or Building Inspector
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 and/or Building Inspector determine 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; shall include a statement of
the reasons why it is being issued; shall allow a reasonable time
for the performance of any act it requires; and shall 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 affect compliance with the provisions
of this chapter and with rules and regulations adopted pursuant thereto.
B.
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 Health Officer and/or Building
Inspector, provided that such person shall file in the office of the
Health Officer and/or Building Inspector 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. Upon receipt of
such petition, the Health Officer and/or Building Inspector 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 and/or Building
Inspector may postpone the date of the hearing for a reasonable time
beyond such ten-day period if, in their judgment, the petitioner has
submitted a good and sufficient reason for such postponement. After
such hearing, the Health Officer and/or Building Inspector shall sustain,
modify or withdraw the notice, depending upon their findings as to
whether the provisions of this chapter and of the rules and regulations
adopted pursuant thereto have been complied with. If the Health Officer
and/or Building Inspector sustain or modify 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 Health Officer and/or Building Inspector
within 10 days after such notice is served. The proceedings at such
hearing, including the findings and decision of the Health Officer
and/or Building Inspector, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Health
Officer and/or Building Inspector. Such record shall also include
a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decisions of the Health Officer and/or
Building Inspector may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the state.
C.
Whenever the Health Officer and/or Building Inspector finds that
an emergency exists which requires immediate action to protect the
public health or safety, they may, without notice or hearing, issue
an order reciting the existence of such an emergency and requiring
that such action be taken as they deem 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 and/or Building Inspector shall be afforded a hearing as soon
as possible. After such hearing, depending upon their 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
and/or Building Inspector shall continue such order in effect or modify
it or revoke it.
The Health Officer and/or Building Inspector are hereby authorized
and empowered to make and adopt such written rules and regulations
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 Health Officer
and/or Building Inspector shall file a certified copy of all rules
and regulations in their office and in the office of the Clerk of
the Township of Riverside.
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.
[Amended 9-25-1995 by Ord. No. 1995-10; 8-23-2006 by Ord. No.
2006-18]
