[HISTORY: Adopted by the Board of Commissioners of the City of Margate
City 4-8-1982 by Ord. No. 1982-8. Amendments noted where applicable.]
[Amended 5-23-1991 by Ord.
No. 1991-11]
The Construction Code Official of the City of Margate City or his designated
inspector be and he is hereby designated as the officer to exercise the powers
prescribed by this chapter, and he shall serve in such capacity without additional
salary. All references hereinafter in this chapter to "Construction Code Official"
shall relate to and include the person or persons designated by the Construction
Code Official as his designated inspectors.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1 et
seq.), the "New Jersey State Housing Code (1980 Revision)," as approved by
the Department of Community Affairs and filed in the Secretary of State's
office, is hereby accepted, adopted and established as a standard to be used
as a guide in determining whether dwellings in this municipality are safe,
sanitary and fit for human habitation and rental. A copy of the New Jersey
State Housing Code (1980 Revision) is annexed to this chapter, and three copies
of the same have been placed on file in the office of the City Clerk and are
available to all persons desiring to use and examine the same.
The Construction Code Official is hereby authorized and directed to
make inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the City of Margate City in order
that he may perform his duty of safeguarding the health and safety of the
occupants of dwellings and of the general public. For the purpose of making
such inspections, the Construction Code Official is hereby authorized to enter,
examine and survey at all reasonable times all dwellings, dwelling units,
rooming units and premises. The owner or occupant of every dwelling, dwelling
unit and rooming unit, or the person in charge thereof, shall give the Construction
Code Official free access to such dwelling, dwelling unit or rooming unit
and its premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit shall
give the owner thereof or his agent or employee access to any part of such
dwelling or dwelling unit or its premises at all reasonable times for the
purpose of making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this chapter.
A.
Whenever the Construction Code Official determines that
there are reasonable grounds to believe that there has been a violation of
any provision of this chapter, or of any rule or regulation adopted pursuant
thereto, he shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided.
(1)
Such notice shall:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is being issued.
(c)
Allow a reasonable time for the performance of any act
it requires.
(d)
Be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice shall be deemed to be properly
served upon such owner or agent or upon such occupant if a copy thereof is
served upon him personally or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice or if he is served with
such notice by any other method authorized or required under the laws of this
state.
(2)
Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter or any
rule or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Construction Code Official, provided that
such person shall file in the office of the Construction Code Official a written
petition requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served. Upon
receipt of such petition, the Construction Code Official shall set a time
and place for such hearing and shall give the petitioner written notice thereof.
At such hearing the petitioner shall be given an opportunity to be heard and
to show why such notice should be modified or withdrawn. The hearing shall
be commenced not later than 10 days after the day on which the petition was
filed, provided that, upon application of the petitioner, the Construction
Code Official may postpone the date of the hearing for a reasonable time beyond
such ten-day period if, in his judgment, the petitioner has submitted a good
and sufficient reason for such postponement. After such hearing, the Construction
Code Official shall sustain, modify or withdraw the notice, depending upon
his findings as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with. If the Construction
Code Official sustains or modifies such notice, it shall be deemed to be an
order. Any notice served pursuant to this chapter shall automatically become
an order if a written petition for a hearing is not filed in the office of
the Construction Code Official within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision of the
Construction Code Official shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Construction Code Official.
Such record shall also include a copy of every notice or order issued in connection
with the matter.
C.
Any person aggrieved by the decision of the Construction
Code Official may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
D.
Whenever the Construction Code Official finds that an
emergency exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order reciting the
existence of such an emergency and requiring that such action be taken as
he deems necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately but, upon petition
to the Construction Code Official, shall be afforded a hearing as soon as
possible. After such hearing, depending upon his findings as to whether the
provisions of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Construction Code Official shall continue
such order in effect or modify it or revoke it.
The Construction Code Official is hereby authorized and empowered to
make and adopt such written rules and regulations as he may deem necessary
for the proper enforcement of the provisions of this chapter; provided, however,
that such rules and regulations shall not be in conflict with the provisions
of this chapter nor in anywise alter, amend or supersede any of the provisions
thereof. The Construction Code Official shall file a certified copy of all
rules and regulations which he may adopt in his office and in the office of
the Clerk of the City of Margate City.
[Amended 5-23-1991 by Ord.
No. 1991-11]
A.
No owner or occupant of a dwelling, dwelling unit, rooming
unit, apartment or premises (hereinafter "dwelling") and no person or entity
on behalf of the owner or occupant shall sell, rent, transfer or otherwise
dispose of any ownership interest or occupancy thereof, whether or not for
a consideration and whether or not such disposal is temporary or permanent,
unless a certificate of occupancy is previously issued by the Construction
Code Official. Such certificate shall state that the dwelling is fit for human
habitation and is in compliance with all ordinances of the City of Margate
City and all applicable laws of the State of New Jersey and the United States
Government.
B.
No dwelling shall be occupied in whole or in part by any person or persons until the Construction Code Official shall issue a certificate of occupancy. In cases where the property is being sold as is, the seller is not held responsible for violations of the Housing Standards Code, Chapter 161 of the Code of the City of Margate City, New Jersey. The new owner of the property shall be held responsible for the proper upgrading of the property to code compliance before a certificate of occupancy shall be issued.
C.
No certificate of occupancy shall be issued where an
inspection discloses that the dwelling is unfit for human habitation or where
conditions exist therein which are dangerous to the health, safety or welfare
of the occupants thereof or the residents of the municipality. Such conditions
may include but are not limited to those which create a fire hazard, danger
of accident or casualty, lack of adequate ventilation, lack of light or sanitary
facilities, dilapidation, disrepair or structural defects, uncleanliness and
the like.
D.
The Construction Code Official shall cause to be prepared
an appropriate form for application for a certificate of occupancy, which
forms shall be available to applicants at the office of the Construction Code
Office. It shall be the duty of the Construction Code Official to conduct
an inspection of the dwelling within 10 days of the date that the application
is filed in the office of the Construction Code Official. Thereafter, the
Construction Code Official shall issue a certificate of occupancy or notify
the applicant, in writing, as to the reasons why such certificate has not
been issued. However, failure of the Building Inspector to conduct his inspection
within the time period stated herein shall not permit any applicant to sell,
rent, transfer or otherwise dispose of the ownership or occupancy of any dwelling
without issuance of a certificate of occupancy.
E.
A charge of $30 shall be paid to the Construction Code
Official with each application for a certificate of occupancy. No application
shall be complete without payment of this fee. Any reinspection of the dwelling
caused by a lack of compliance with the provisions of this chapter or the
provisions of the New Jersey State Housing Code shall require an additional
fee of $15 to be paid prior to said inspection.
F.
A "dwelling," as that term is used in this section, shall
not include any room or suite of rooms in a motel or hotel, unless the room
or suite rented in said hotel or motel shall contain eating and cooking facilities;
provided, however, that this subsection shall not preclude the requirement
that a certificate of occupancy be issued upon a sale of the hotel or motel
specified herein.
[Amended 1-25-1988 by Ord.
No. 1988-1]
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine of not to exceed
$1,000 or by imprisonment in the county jail for a period of not to exceed
90 days, or by both such fine and imprisonment, and each violation of any
of the provisions of this chapter and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
