[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades
Park 7-8-1976 as Section 8-3 of the Revised General Ordinances
of 1975. Amendments noted where applicable.]
The Housing Inspector of the borough is hereby designated as the officer
to exercise the powers prescribed by this chapter.
Pursuant to the provisions of P.L. 1946, c. 21 (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 borough are safe, sanitary
and fit for human habitation and rental.
Three copies of the New Jersey State Housing Code have been placed on
file in the office of the Borough Clerk and are available to all persons desiring
to use and examine the same.
The Housing Inspector is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units and
premises located within the borough 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 Housing
Inspector 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 Housing 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.
Whenever the Housing Inspector 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 responsible therefor as hereinafter
provided. Such notice shall:
A.
Be put in writing.
B.
Include a statement of the reasons why it is being issued.
C.
Allow a reasonable time for the performance of any act
it requires.
D.
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 the 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
the 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.
A.
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 Housing Inspector, provided that such person
shall file in the office of the Housing 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 Housing 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.
B.
The hearing shall be commenced not later than 10 days
after the day on which the petition was filed, provided that, upon the application
of the petitioner, the Housing Inspector may postpone the date of the hearing
for a reasonable time beyond the ten-day period if, in his judgment, the petitioner
has submitted a good and sufficient reason for such postponement.
C.
After the hearing, the Housing Inspector shall sustain,
modify or withdraw the notice, 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. If the Housing Inspector sustains or modifies
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 Housing Inspector within 10
days after such notice is served.
D.
The proceedings at such hearing, including the findings
and decision of the Housing Inspector, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Housing Inspector.
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 Housing Inspector may seek
relief therefrom in any court of competent jurisdiction, as provided by the
laws of the state.
Whenever the Housing Inspector finds that an emergency exists which
requires immediate action to protect the public health or safety, 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 Housing
Inspector, 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 Housing Inspector shall continue such order in effect or modify it or
revoke it.
The Housing Inspector is hereby authorized and empowered to make and
adopt such written rules and regulations as he may deem necessary for the
proper enforcement of the provisions of this chapter, provided 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
Housing Inspector shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Borough Clerk.
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.
Nothing in this chapter shall be construed to abrogate or impair the
powers of any department of the borough or any agency thereof or of any agency
or division of the county to enforce any provisions of its Charter or its
ordinances, codes, regulations or statutory provisions or to prevent or punish
violations thereof.
Where a provision of this chapter is found to be in conflict with a
provision of a zoning, building, fire, health or other law or ordinance or
regulation adopted pursuant thereto, the provision or requirement which is
the more restrictive or which establishes the higher standard shall apply.
