N.J. Admin. Code § 5:10-1.13

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:10-1.13 - Unsafe building notice and order

(a) Upon a determination by the Bureau of Housing Inspection or its authorized representatives or a local enforcing agency that violations of the provisions of this chapter exist and that such violations result in an imminent hazard to the safety and welfare of the occupants, an order shall be issued to the owner forbidding occupation of any dwelling units then vacated or to be vacated during the life of the order and/or ordering that the violation be corrected within the period specified in the order.

(b) The notice shall be given to the owner or lessee of the property involved, or to the agents of either of them, and may be contained in an order to declare building unsafe issued stating the reasons for the issuance of the order and the conditions under which occupancy may take place.

(c) When any owner to whom an order has been issued pursuant to (a) above denies that any violation justifying such order exists, such owner may apply for an administrative hearing. Any such hearing shall be held, and a decision rendered, within 48 hours of receipt by the Department of the hearing request.

N.J. Admin. Code § 5:10-1.13

Amended by R.1971 d.60, effective 4/23/1971.
See: 3 N.J.R. 77(a).
Recodified April 9, 1981 from N.J.A.C. 5:10-1.33.
Amended by R.2001 d.468, effective 12/17/2001 (operative July 1, 2002).
See: 33 N.J.R. 1983(a), 33 N.J.R. 4311(a).
In (a), inserted "or a local enforcing agency" following "authorized representatives"; in (b), deleted "by the Bureau of Housing Inspection".
Amended by R.2006 d.161, effective 5/1/2006.
See: 38 N.J.R. 373(a), 38 N.J.R. 1823(b).
In (a), substituted "a determination by" for "notice from," "an imminent hazard" for "risk" and added "and/or ordering that the violation be corrected within the period specified in the order"; and added (c).