Construction codes — See Ch. 190.
Fire prevention — See Ch. 240.
Mobile homes — See Ch. 350.
Motels and hotels — See Ch. 355.
Property maintenance — See Ch. 418.
Sewers — See Ch. 471.
Water — See Ch. 564.
§ 295-2Adoption of standards by reference.
§ 295-3Enforcing officer; compensation.
§ 295-4Determination of unsafe conditions.
§ 295-5Complaints; notice of hearing; service
§ 295-6Inspections; authorization for entry.
§ 295-7Access by owners to effect compliance.
§ 295-8Written findings of fact; orders to correct
§ 295-9Manner of serving complaints, notices
§ 295-10Failure to comply; action by City.
§ 295-11Recovery of costs of correction by City.
§ 295-12Additional powers of Supervisor of Housing
§ 295-13Effect on other powers and provisions.
§ 295-14Abatements not to be impaired.
§ 295-15Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- NEW JERSEY STATE HOUSING CODE
- That certain code approved by the State Department of Conservation and Economic Development and the State Department of Health and filed in the office of the Secretary of State on January 31, 1962, prescribing the standards to guide a municipality authorized, by the ordinance adopting said code, to enforce the same in determining the fitness of a building for human habitation or occupancy or use.
Whenever the following words, terms or phrases are used in the New Jersey State Housing Code, they shall have the meanings herein given:
- ADMINISTRATIVE AUTHORITY
- The Supervisor of Housing Inspection as head of the Bureau of Housing
Inspection in the Department of Housing and Community Development.[Amended 8-13-1981 by Ord. No. MC-1766]
- BOARD OF HEALTH
- The Department of Human Services.[Amended 8-13-1981 by Ord. No. MC-1766]
- The City of Camden.
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the New Jersey State Housing Code is hereby adopted and established as constituting the standards to be used in determining whether dwellings in the City are safe and sanitary and fit for human habitation, use or occupancy, save and except Sections 3 (in its entirety), 10.04 and 12.1 thereof, which sections are deleted therefrom and not adopted herein. A printed copy of said code, plainly marked so as to indicate the aforesaid deletions, was annexed to and incorporated by reference in the ordinance passed on October 25, 1962, adopting said code.
The New Jersey State Housing Code, except Section 3 (in its entirety), 10.04 and 12.1, specifically deleted therefrom and not adopted, is hereby incorporated in this chapter by reference and made a part hereof as fully as though it had been set forth at length herein.
In accordance with law, the required number of copies of said New Jersey State Housing Code, plainly marked so as to indicate the deletion of Sections 3 (in its entirety), 10.04 and 12.1, not adopted as aforesaid, have been placed on file in the office of the City Clerk and in the office of the Bureau of Housing Inspection in the Department of Housing and Community Development and shall remain on file in said offices for the use and examination of the public so long as this chapter shall remain in effect.
The Supervisor of Housing Inspection, as head of the Bureau of Housing Inspection in the Department of Housing and Community Development, shall be and is hereby designated as the "public officer" to exercise the powers prescribed by this chapter and to enforce the provisions thereof, subject to the supervision of the Director of the Department of Housing and Community Development.
He shall serve in such capacity without any additional salary.
After notice and hearing, the Supervisor of Housing Inspection may determine that a dwelling under consideration is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the City. Such conditions may, among other things, include the following:
Whenever a petition is filed with the Bureau of Housing Inspection by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the City charging that a dwelling is unfit for human habitation as herein defined or whenever it appears to the Supervisor of Housing Inspection, on his own initiative, that any dwelling is unfit for human habitation as herein defined, the Supervisor of Housing Inspection shall make a preliminary investigation. If the investigation discloses a basis for such charges, he shall issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect. The complaint shall also contain a notice that a hearing will be held before the Supervisor of Housing Inspection or his designated agent, at a place therein fixed, not fewer than 10 days nor more than 30 days after the serving of said complaint. The notice shall state that the owner and parties in interest have the right to file an answer to the complaint and to appear, in person or otherwise, and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the Supervisor of Housing Inspection.
The Supervisor of Housing Inspection is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units and rooming units located within the City 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 the inspections referred to in Subsection A of this section, the Supervisor of Housing Inspection or his designee is hereby authorized, subject to law, to enter, examine and survey, at all reasonable times, all dwellings, dwelling units and rooming units.
Subject to law, the owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Supervisor of Housing Inspection or his designee free access to such 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.
If, after the notice and hearing, the Supervisor of Housing Inspection determines that the dwelling under consideration is unfit for human habitation, as herein defined, he shall state, in writing, his findings of fact in support of such determination. He shall then issue and cause to be served upon the owner thereof and parties in interest an order. The order shall require the repair, alteration or improvement of said dwelling to be made by the owner within a reasonable time, which time shall be set forth in the order, and it shall give the option to the owner to vacate or have said dwelling vacated and closed within the time set forth in the order.
If the dwelling is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said dwelling within the time specified in the order described in Subsection A hereof, then the owner shall be required by a further order to remove or demolish said dwelling within a reasonable time, as specified in said order of removal.
Complaints, notices and orders issued by the Supervisor of Housing Inspection pursuant to this chapter shall be served upon persons either personally or by registered or certified mail. If the whereabouts of such persons is unknown and the same cannot be ascertained by the Supervisor of Housing Inspection in the exercise of reasonable diligence, and he shall make an affidavit to that effect, then the serving of such complaint, notice or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper which complies with the requirements of state and local laws for the publication of legal advertising for the City. A copy of such complaint, notice or order shall be posted in a conspicuous place on the premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded or lodged for record with the Register of Camden County.
If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the dwelling, the Supervisor of Housing Inspection may cause such dwelling to be repaired, altered or improved or to be vacated and closed. The Supervisor of Housing Inspection may cause to be posted on the main entrance to any dwelling so closed a placard with the following words: "This dwelling is unfit for human habitation or occupancy or use; the use or occupation of this dwelling is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the dwelling, the Supervisor of Housing Inspection may cause such dwelling to be removed or demolished or he may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
The amount of the cost of filing legal papers, expert witnesses' fees, search fees and advertising charges in the course of any proceeding taken under this chapter determined in favor of the City and such repairs, alterations or improvements or vacating and closing or removal or demolition, as the case may be, shall be a municipal lien against the real property upon which such cost was incurred.
If the dwelling is removed or demolished by the Supervisor of Housing Inspection, he shall sell the materials of such dwelling. The proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the dwelling shall be credited against the cost of the removal or demolition thereof. If there are no such credits or if the total sum of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed as a lien certificate with the City Tax Assessor or other custodian of the records of the liens, and a copy thereof shall be sent forthwith to the owner by registered mail.
If the total of the credits exceeds such costs, the balance remaining shall be deposited by the Supervisor of Housing Inspection in the Superior Court of New Jersey and shall be secured in such manner as may be directed by such Court. The proceeds shall be disbursed according to the order or judgment of such Court to the persons found entitled thereto by final order or judgment of the Court. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court of New Jersey to contest the reasonableness of the amount or the accuracy of the costs set forth in the lien certificate.
The Supervisor of Housing Inspection is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
To investigate the dwelling conditions in the City in order to determine which dwellings therein are unfit for human habitation.
To administer oaths and affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter.
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to abrogate or impair the powers of the City or of any officer or any department of the City to enforce any provisions of its Charter or other state law or other ordinances or regulations nor to prevent or punish violations thereof. The powers conferred by this chapter and the provisions thereof shall be in addition and supplemental to the provisions of any other chapter of this Code or other ordinances of the City.
Nothing in this chapter shall be construed to impair or limit, in any way, the power of the City to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-16A.