New Jersey § 55:13a-13a

§ 55:13a-13a.

a. Any inspection required under P.L.1967, c. 76 ( C.55:13A-1 et seq. ) shall be conducted by the commissioner except as provided in subsection b. of this

section or where a municipality has a cooperative arrangement, with the bureau to

perform these inspections in which case the inspection shall be conducted by the municipality;

provided, however, that nothing in this section shall preclude the bureau from conducting

inspections in any municipality for the purpose of monitoring or auditing the performance

of local agencies, as provided hereinafter, or inspectors, or for the purpose of dealing

with imminent hazards. b. In any municipality which maintains a permanent local agency for the purpose of

conducting inspections and enforcing laws, ordinances and regulations concerning buildings

and structures within the municipality, and such agency is supervised by, and has

all hotel and multiple dwelling inspections performed by persons licensed by, the

commissioner under this act, the municipal governing body may by ordinance designate

that agency to conduct the inspections and enforce the regulations prescribed by or

pursuant to P.L.1967, c. 76 ( C.55:13A-1 et seq. ). Where an ordinance is in effect all inspections required pursuant to P.L.1967, c.

76 within the territorial limits of the municipality shall be conducted by the agency

so designated, subject to the supervision and control of the commissioner; and all

applications otherwise directed by law to be filed with the commissioner, and all

fees and penalties otherwise to be imposed or collected by the commissioner, shall

in such a municipality be filed with, or imposed or collected by, the local agency

designated by ordinance pursuant to this subsection; provided, that in no case shall

the local agency collect or impose a penalty in excess of the minimum amount which

the commissioner is authorized by law to collect or impose for the same violation,

or to assess a continuing penalty, without the written prior approval of the bureau. The commissioner shall have the power to order corrective action as may be necessary

where a local agency is found to be failing to carry out its responsibilities under

this act and to suspend the authority of the local agency under this subsection where

the local agency repeatedly or habitually fails to enforce the “Hotel and Multiple

Dwelling Law,” P.L.1967, c. 76 ( C.55:13A-1 et seq. ) and the regulations adopted pursuant thereto. c. Any person affected by the determinations made pursuant to any inspection conducted

under P.L.1967, c. 76 ( C.55:13A-1 et seq. ) may appeal those determinations to the Office of Administrative Law with the final

decision to be issued by the commissioner; provided, however, that the cost of any

such hearing to the department shall be borne by the local agency in any case where

the inspection fee is required to be paid to a local agency or in which the notice,

order or decision being contested was issued by a local agency.