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AN ORDINANCE AMENDING CHAPTER 18:1 (ESTABLISHMENT OF HOUSING CODE) OF TITLE XVIII OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK TO ESTABLISH AN EXPEDITED ADMINISTRATIVE RIGHT-OF-ENTRY AND SEARCH WARRANT PROCEDURE FOR THE INVESTIGATION AND ABATEMENT OF ILLEGAL PROPERTY CONVERSIONS.
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WHEREAS, the health, safety, and welfare of the residents of the City of Newark depend upon safe, code-compliant housing and structures; and
WHEREAS, illegal conversions including the unauthorized subdivision of dwellings and other buildings into a greater number of units than legally permitted, unpermitted basement or attic apartments, and unauthorized rooming houses frequently create severe life-safety hazards, including inadequate structural support, blocked or insufficient emergency egress, overloaded electrical systems, and extreme fire risks; and
WHEREAS, operators and owners of illegal conversions frequently conceal violations behind locked internal doors, separate unpermitted utility meters, and partitioned interior walls, denying municipal officials consent to enter and inspect; and
WHEREAS, requiring traditional civil injunctions or lengthy court processes to gain entry allows dangerous conditions to persist unchecked, threatening the occupants and surrounding neighborhoods; and
WHEREAS, the existing right of inspection set forth at Section 18:1-2.1 of the Revised General Ordinances does not address circumstances in which consent to enter is refused or unavailable, leaving a gap in the City's ability to investigate suspected illegal conversions; and
WHEREAS, the establishment of a streamlined administrative search warrant process, codified within the Housing Code itself, balances the City's urgent interest in life-safety code enforcement with constitutional protections against unreasonable searches and seizures.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Deletions are indicated by strikethrough, additions are indicated by bold and underline.
SECTION 1. FINDINGS AND PURPOSE.
The purpose of this Ordinance is to establish, within Chapter 18:1 of the Housing Code, an efficient, expedited administrative process enabling the Director and other Authorized Officials to secure right of entry to inspect Property when consent is refused, specifically for the detection, documentation, and abatement of unpermitted and illegal property conversions.
SECTION 2. DEFINITIONS.
Section 18:1-1.3 of the Revised General Ordinances of the City of Newark, New Jersey, 2000 (“Revised General Ordinances”) is hereby amended by inserting the following definitions in proper alphabetical order:
ADMINISTRATIVE SEARCH WARRANT - Shall mean a written order issued by a judge of the Municipal Court of the City of Newark or other court of competent jurisdiction, upon a finding of administrative probable cause pursuant to Section 18:1-2.10, authorizing one or more Authorized Officials, including a Joint Inspection Team, to enter and inspect a specified Property for the purpose of determining compliance with this Chapter, the Uniform Construction Code, the City of Newark Zoning and Land Use Regulations, and any other applicable law, regulation, ordinance, or code. An administrative search warrant is civil and regulatory in nature and is issued in aid of code enforcement.
AUTHORIZED OFFICIAL - Shall mean the Director of Engineering, or the Building Official, Code Enforcement Officer, Fire Marshal, Health Officer, Zoning Officer, or any other municipal employee designated by the Director, including as a member of a Joint Inspection Team, to enforce this Chapter.
EMERGENCY - Shall mean circumstances involving imminent danger to human life, health, safety, or property where delay would result in severe injury, structural collapse, or catastrophic fire risk.
ILLEGAL CONVERSION - Shall mean the unauthorized alteration, subdivision, or partitioning of a building or structure-including dwellings, accessory structures, basements, or attics-into a greater number of dwelling units or rooming units than permitted by the municipal zoning or building codes, or without obtaining the required building permits and certificates of occupancy.
JOINT INSPECTION TEAM - Shall mean two or more Authorized Officials from different code enforcement disciplines-including building, electrical, plumbing, fire, health, and zoning-acting together pursuant to a single administrative search warrant issued under Section 18:1-2.10.
PROPERTY or REAL PROPERTY - Shall mean any lot, parcel, or tract of land located within the City of Newark, together with any building, structure, or improvement thereon, and any part thereof, regardless of its use, occupancy, or zoning classification, including, but not limited to, one-family, two-family, and multiple dwellings; rooming and boarding houses; mixed-use, commercial, industrial, and institutional buildings; vacant buildings and vacant land; and any dwelling unit, rooming unit, basement, cellar, attic, garage, or accessory building or structure. The legal classification of a Property shall be its use and occupancy as registered in the zoning records of the City of Newark and authorized by any certificate of occupancy issued for the Property.
REASONABLE EFFORT - Shall mean that an Authorized Official has made and documented at least the following attempts to obtain consent to enter a Property, and that the owner, operator, or occupant in control of the Property has failed to respond, consent, or schedule an inspection within ten (10) calendar days after the later of the posting or mailing described below: (1) at least one attempt to contact the owner, operator, or occupant in person at the Property; (2) posting of a written notice of violation or notice of inspection in a conspicuous place on the Property; and (3) mailing of the written notice of violation or notice of inspection by regular mail and by certified mail, return receipt requested, to the owner at the address shown on the most recent tax duplicate of the City of Newark and to any other address of the owner or the owner’s registered agent known to the City. A refusal, failure to claim, or return of the mailed notice as undeliverable shall not defeat a finding of reasonable effort.
SECTION 3. RIGHT OF INSPECTION; CROSS-REFERENCE TO REFUSAL PROCEDURE.
Section 18:1-2.1(a) of the Revised General Ordinances is hereby amended by adding the following sentence at the end thereof:
“Where consent to such entry is refused, or the owner, operator, or occupant cannot be reached after reasonable effort, the Director or other Authorized Official shall not enter the Property absent an emergency as defined in Section 18:1-1.3, and shall instead proceed under Sections 18:1-2.8 through 18:1-2.11 of this Chapter.”
SECTION 4. NEW SECTIONS 18:1-2.8 THROUGH 18:1-2.11.
Chapter 18:1 of the Revised General Ordinances is hereby amended by adding the following new sections, the entirety of which is new:
18:1-2.8. RIGHT OF ENTRY UPON REFUSAL OF CONSENT.
a. Consent Required. Authorized Officials are authorized to enter any Property, including any structure, land, or premises thereon, at reasonable times to inspect or perform duties imposed by this Chapter, provided that consent is first obtained from the owner, tenant, or occupant in control of the Property.
b. Refusal of Consent. If the owner, tenant, or occupant refuses entry, or cannot be reached after reasonable effort, the Authorized Official shall not enter the Property without an administrative search warrant issued under Section 18:1-2.10, except in cases of emergency as defined in Section 18:1-1.3.
c. Continuing Obligation. Compliance with the consent, entry, or warrant procedures set forth in this section shall not free the owner of the obligation of complying with the Uniform Construction Code.
18:1-2.9. EMERGENCY ENTRY.
In the event of an emergency posing an immediate threat to life, safety, or property, an Authorized Official may enter any Property immediately without prior notice or an administrative search warrant to abate the hazard, mitigate danger, or protect public safety.
18:1-2.10. EXPEDITED ADMINISTRATIVE SEARCH WARRANTS FOR ILLEGAL CONVERSIONS.
When consent to inspect a Property suspected of an illegal conversion is denied or unavailable, the City may fast-track access through the Municipal Court of the City of Newark or court of competent jurisdiction:
a. Application for Warrant. The Authorized Official may apply ex parte for an administrative search warrant. The application must be supported by a sworn affidavit establishing administrative probable cause.
b. Establishing Administrative Probable Cause for Illegal Conversions. Administrative probable cause may be satisfied by presenting credible evidence of exterior, circumstantial, or interior indicators of an illegal conversion, including, but not limited to:
• Multiple distinct electric, gas, or water utility meters servicing a Property in excess of the number of dwelling units or rooming units permitted under the legal registered Property or Real Property classification in accordance with the zoning records of the City of Newark.
• Multiple separate mailboxes, doorbells, or intercom designations.
• An unusual volume of vehicular traffic, frequent tenant turnover, or excessive trash generation and the large presence of garbage cans or refuse containers inconsistent with the zoned occupancy.
• Unpermitted exterior modifications, such as secondary second-story entry doors without balconies, unapproved exterior stairwells, or delivery of construction materials indicative of interior framing.
• Sworn complaints or detailed observations from neighbors, utility personnel, postal carriers, or municipal workers.
• Visual observations made by officials from public property or lawfully accessed common areas.
c. Fast-Track Judicial Issuance. The municipal court of the City of Newark or magistrate shall review the warrant application expeditiously and, upon finding administrative probable cause, shall issue the administrative search warrant within twenty-four (24) hours (or by the end of the next judicial business day).
d. Scope of Warrant. A warrant issued under this section may explicitly authorize a Joint Inspection Team to enter simultaneously and inspect, including but not limited to, interior partitions, locks, deadbolts, electrical panels, kitchens, bathrooms, plumbing and lighting fixtures, and any other building components, systems, structures, alterations, uses, or conditions, for the purpose of thoroughly documenting a suspected illegal conversion, determining the legal classification and occupancy status of the Property, and identifying any work, installation, alteration, use, or condition that does not conform to the Uniform Construction Code or any other applicable law, regulation, ordinance, or code.
18:1-2.11. INTERFERENCE WITH RIGHT OF ENTRY OR ADMINISTRATIVE SEARCH WARRANT.
It shall be unlawful for any owner, occupant, or person in control of a Property to willfully resist, obstruct, hamper, or interfere with an Authorized Official executing an administrative search warrant issued under Section 18:1-2.10 or exercising right of entry pursuant to Section 18:1-2.8. The penalty for a violation of this section is set forth at Section 18:1-2.7(f).
SECTION 5. PENALTY.
Section 18:1-2.7 of the Revised General Ordinances is hereby amended by adding a new paragraph f, to read as follows:
f. Notwithstanding paragraph a of this section, any person who violates Section 18:1-2.11 (Interference with Right of Entry or Administrative Search Warrant) shall be subject, pursuant to N.J.S.A. 40:49-5, to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, contempt of court citations, or any combination thereof. This paragraph shall not be construed to limit enforcement under Section 7:5-4(e) of the Revised General Ordinances (Uniform Construction Code) for conduct that also violates that provision, which by operation of Section 7:5-3 applies only to premises upon which a building or structure is being constructed, until a certificate of occupancy has been issued, provided that no person shall be subject to multiple penalties under this Chapter and Section 7:5-4(e) for the same act arising from the same course of conduct.
SECTION 6. SEVERABILITY.
If any Section, Subsection, sentence, clause, or phrase of this Ordinance is declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
SECTION 8. CODIFICATION.
This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends the Housing Code to establish an expedited administrative right-of-entry and search warrant procedure enabling code officials to inspect and abate illegal property conversions when consent to enter is refused.