The Borough of Berlin seeks to establish minimum standards to govern the condition and maintenance of all property, buildings and structures in the Borough of Berlin. The Borough hereby adopts these regulations with the purpose and intent of promoting the health, safety and welfare of the public in any properties, buildings and structures not regulated by any other statute, rule or ordinance.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.), the New Jersey State Housing Code, N.J.A.C. 5:28-1 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 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 article and three copies of the same have been placed on file in the office of the Berlin Borough Clerk and are available to all persons desiring to use and examine same.
A. 
The Berlin Borough Property Maintenance Inspector and/or the Camden County Department of Health (collectively "Officer") be and is hereby designated as the officer to exercise the powers prescribed by the within article, and they shall serve in such a capacity without any additional salary.
B. 
The Officer is hereby authorized and empowered to make and adopt such written rules and regulations as they may deem necessary for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions thereof. The Officer shall file a certified copy of all rules and regulations which may be adopted in their office, and in the office of the Borough Clerk.
A. 
The Officer is hereby authorized and directed to make inspections to determine the condition of dwelling, dwelling units, rooming units, and premises located within the Borough of Berlin in order that they may perform their duty of safeguarding the health and safety of occupants of dwellings and of the general public. For the purpose of making such inspection, the 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 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 times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
B. 
Whenever the Officer determines there are reasonable grounds to believe that there has been a violation of any provision of this article or any rule or regulation adopted pursuant thereto, they shall give notice of such alleged violation to the person or persons responsible therefore as hereinafter provided. Such notice shall be put in writing, including a statement of reasons why it is being issued; allow a reasonable time for 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 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. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the rules and regulations adopted pursuant thereto.
A. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Borough of Berlin Planning Board, provided that such person shall file in the office of the Borough of Berlin Planning Board a written petition requesting such a 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 Borough of Berlin Planning Board 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 the opportunity to be heard and to show why such notice should be modified or withdrawn.
B. 
The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application by the petitioner, the Planning Board 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.
C. 
After such hearing, the Borough of Berlin Planning Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this article and the rules and regulations adopted pursuant thereto have been complied with. If the Planning Board sustains or modifies such notice, it shall be deemed to be an order. Any served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough of Berlin Planning Board within 10 days after the notice is served.
D. 
The proceedings at such hearing, including the findings and decision of the Planning Board shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Borough of Berlin Planning Board. Such record shall also include a copy of every notice or order issued in connection with the matter.
E. 
Any person aggrieved by the decision of the Planning Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State of New Jersey.
F. 
Whenever the Officer 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 article, such order shall be effective immediately.
G. 
Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Planning Board shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Officer shall continue such order in effect, or modify it, or revoke it.
No person shall occupy as an 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, N.J.A.C. 5:28-1 et seq., established hereby as a standard to be used in determining whether a dwelling is safe and fit for human habitation.