§ 188-12. Inspections.

A. 

The Property Maintenance Code Official or his designee shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Property Maintenance Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

B. 

All buildings and premises subject to this code are subject to inspections with reasonable cause and upon reasonable notice, from time to time, by the enforcing officer of the Borough. At the time of such inspections, all rooms in the building and all parts of the premises must be available and accessible for such inspections, and the owner, operator and occupants are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made between 8:00 a.m. and 4:00 p.m., unless one of the following conditions exists:

(1) 

The premises are not available during the foregoing hours for inspections.

(2) 

There is reason to believe that the violations are occurring on the premises which can only be apprehended and proven by inspections during other than the prescribed hours and which require immediate inspection after being reported, e.g., failure to supply heat.

C. 

Right of entry. The Property Maintenance Code Official or his designee is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Property Maintenance Code Official is authorized to pursue recourse as provided by law.

D. 

Where entry by inspectors is refused.

(1) 

Penalties. Where the Property Maintenance Code Official or his agent is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this code and subject to the penalties under Borough Code § 1-16.

(2) 

Search warrant or access warrant.

(a) 

The Property Maintenance Code Official may, upon affidavit, apply to the Judge of the Municipal Court of the Borough of Florham Park for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of the code may exist on the premises, including one or more of the following:

[1] 

Upon receipt of a complaint;

[2] 

That observation of the external condition of the premises and its public area has resulted in the belief that violations of the code exist;

[3] 

Circumstances such as age of building, type of building, particular use of premises or other factors which render systematic inspections of such buildings necessary in the interest of public health and safety.

(b) 

If the Judge of the Municipal Court of the Borough of Florham Park is satisfied as to the matter set forth in said affidavit, he shall authorize the issuance of a search warrant permitting access to an inspection of that part of the premises on which the nuisance or violation may or is suspected to exist.

E. 

Identification. The Property Maintenance Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. Inspectors shall be supplied with official identification and, upon request, shall exhibit such identification when entering any premises or dwelling unit or building subject to this code. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.

F. 

Notices and orders. The Property Maintenance Code Official shall issue all necessary notices or orders to ensure compliance with this code.

G. 

Department records. The Property Maintenance Code Official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.