[HISTORY: Adopted by the Township Committee of the Township of Delanco 10-1-2001 by Ord. No. 9-2001. Amendments noted where applicable.]
GENERAL REFERANCES
Housing standards — See Ch. 197.
A. 
Residential.
(1) 
Prior to any change in ownership or occupancy of any house, dwelling, apartment unit, boardinghouse unit, rooming house unit, or any other type of premises whether by transfer of title lease to tenant or sublease, which is used, partially used or intended to be used for human occupancy, a certificate of habitability shall first have been obtained from the Housing Code Officer stating that the building or premises complies with the requirements of the BOCA National Property Maintenance Code and all other codes, ordinances of the Township of Delanco, and any regulations of the County of Burlington regulating and governing matters of health, sanitation, maintenance, and use of any structure for human occupancy. This section shall include premises used for home occupations or for an office.
[Amended 8-1-2005 by Ord. No. 2005-17]
(2) 
Notwithstanding the above, public sidewalks on any residential premises shall not be subject to the provisions of this section or any code incorporated above. The Housing Code Officer shall not inspect public sidewalks under this section, and no certificate of occupancy issued under this section shall be conditioned upon repair of public sidewalks.
A certificate of habitability shall be requested, processed and issued in the following manner:
A. 
Application shall be made in writing by the owner or owner's agent or representative to the Housing Code Officer prior to a change in ownership or occupancy, requesting an inspection by the said enforcement officer or designated representative or agency, specifying the premises to be inspected, the location thereof, the name of the present owner(s) and lessee(s) and the number of people who shall occupy the same. The fee for such inspection shall be $100 and shall be tendered and paid to the Township Clerk at the time of making the application.
[Amended 2-5-2018 by Ord. No. 2018-2]
B. 
The requested inspection must be made within 10 business days of receipt of a complete application and an inspection report containing all existing violations as may be found of all Township codes and ordinances regulating and governing matters of health, sanitation, maintenance, and use of any structure for human occupancy shall be set forth as separate items by the inspecting official in a written report which shall be submitted to the person applying for the inspection.
C. 
All violations shall be corrected prior to any change of ownership or occupancy, or in the alternative, may be assumed by the prospective purchaser on the condition that such violations be corrected within a period of time granted by the Code Enforcement Officer or his or her representative, which period of time shall not exceed 60 days beyond the date of purchase.
[Amended 8-1-2005 by Ord. No. 2005-17]
D. 
All violations which, in the judgment of the Code Enforcement Officer, pose a positive, clear, and serious present or potential threat to the health, safety or welfare of any present or potential occupant shall be so designated upon the inspection report, and such violations must be corrected prior to any change in ownership or occupancy.
E. 
One reinspection, if required, shall be performed without additional fee. The fee for any subsequent reinspections that may be required after the initial reinspection shall be $50 per reinspection. The initial reinspection shall be within 30 days of the date of the inspection report or as soon thereafter as the Inspection Officer can schedule such reinspection in instances where the prospective purchaser has assumed responsibility for correction of violations.
[Amended 2-5-2018 by Ord. No. 2018-2]
F. 
Upon an inspection report being rendered without any violation being disclosed, or upon any disclosed violation being remedied and corrected prior to reinspection, the Code Enforcement Officer shall issue to the applicant a certificate of habitability as appropriate for the subject premises so qualifying, which shall be valid until the next occurring change in ownership or occupancy or any subsequent inspection by the Code Enforcement Officer or his representative shall disclose ordinance violations, whichever occurs first.
G. 
Upon an inspection report being rendered without any violation being disclosed or upon any disclosed violation being remedied and corrected prior to inspection, the Code Enforcement Officer shall issue to the applicant a certificate of habitability as appropriate for the subject premises so qualifying, which shall be valid for 90 days or until the next occurring change in ownership or occupancy or any subsequent inspection by the Code Enforcement Officer or his representative shall disclose ordinance violations, whichever occurs first.
[Added 5-6-2013 by Ord. No. 2013-6]
Any person affected by a decision rendered by the Code Enforcement Officer in connection with the enforcement of this chapter of the Code shall have the right to request an administrative review, a review process conducted by the administrative panel that shall consist of the Township Administrator, the Township Zoning Officer, and the Township Construction Code Official. Written request of an administrative review shall be requested by applicant within 10 days of the date of the Code Enforcement Officer's determination. Upon receipt of applicant's administrative review request, the administrative panel shall have 10 business days to render a decision and forward same in writing to applicant. A majority of the administrative panel shall affirm or reverse the decision appealed from, in whole or in part, or may modify the decision as so determined by the administrative panel.
The Township shall not, by the performance of inspections and reinspections required hereby, become or be considered to be a guarantor to any owner, purchaser, tenant, lessee or other person as to the condition of any building, unit or premises inspected, or a participant in any contractual relationship between any persons or parties as to same.
Any person who shall be the owner, purchaser, tenant or lessee, or the agent or representative of such persons and who shall transfer, sell, buy, lease or otherwise change the ownership, title or occupancy of any structure regulated or encompassed by this chapter without complying with the requirements concerning the obtaining of a certificate of habitability shall be subject to the penalty set forth in § 1-14, the general penalty provisions of the Delanco Township Code.
It shall be the duty and responsibility of the Housing Code Enforcement Officer to enforce the provisions of this chapter.