[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Boonton 4-3-2000 by Ord. No. 7-00. Amendments
noted where applicable.]
The following procedure for the Town's Health
Official, Fire Prevention Officer and Code Enforcement Officer to
gain access shall be as follows:
A.
The enforcing officer seeking access to a building
shall initially seek to do so on an informal basis by speaking with
the owner or occupant of the building.
B.
If access cannot be gained on an informal basis, the
enforcing officer shall send a letter to the owner of said building
at the address disclosed by the Town's tax records, certified mail
return receipt requested, and advise as of a date and time at which
the officer or officers will seek entry; said date shall be at least
10 days after the date of the aforementioned letter.
C.
In the event that the owner fails to respond or fails
to respond affirmatively to Step B set forth above, the enforcing
officer or officers shall apply to the Municipal Court Judge for a
search warrant. Said application will be made with the assistance
of the Town Attorney, and said application will be made not later
than 20 days after the date of the letter issued by the enforcing
officer set forth in Step B above.
[Amended 6-5-2000 by Ord. No. 20-00]
Any owner who has refused entry to the Health
Officer, the Fire Prevention Officer and/or the Code Enforcement Officer
and who is convicted of or pleads guilty to an ordinance violation
discovered or prosecuted as a result of the Town's officer obtaining
a search warrant to inspect (not simply to permit access without a
warrant), shall be subject to a fine which fine shall equal the cost
incurred by the Town to obtain a search warrant as a result of the
owner's refusal to permit access.
