[HISTORY: Adopted by the Township Committee
of the Township of Pilesgrove 7-12-2005 by Ord. No. 05-09; amended in its entirety 7-10-2007 by Ord. No. 07-10. Amendments noted where applicable.]
The Housing Officer of the Township of Pilesgrove is hereby
designed as the officer to exercise the powers prescribed by the within
chapter, and shall serve in such capacity according to these regulations.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1), and except as specifically set forth in § 64-7 below, the New Jersey State Housing Code, New Jersey State Bureau of Fire Safety Code, and the International Property Maintenance Code 2000, all as revised to the date hereof, and together with all revisions following the date hereof, are hereby adopted as the Pilesgrove Township Buildings and Housing Maintenance Codes for the control of buildings and structures as herein provided. All of the regulations, provisions, penalties conditions and terms of the Buildings and Housing Maintenance Codes are hereby adopted and established as the standards for determining whether buildings and structures in the Township of Pilesgrove are safe, sanitary, and fit for human habitation. Three or more copies of above Buildings and Housing Maintenance Codes shall be placed on file and kept current in the office of the Township Clerk and shall be available to all persons desiring to use and examine the same.
A.
Housing certificate of occupancy.
(1)
The Housing Officer's issuance of a housing certificate of occupancy
(HCO) shall serve as confirmation that the building, structure or
unit that is the subject of the HCO has been inspected by the Housing
Officer and found to be in compliance with this chapter and the Buildings
and Housing Maintenance Codes.
(2)
The Housing Officer shall revoke any previously issued HCO whenever
the Housing Officer subsequently determines that the building, structure
or unit that is the subject of the HCO no longer complies with this
chapter or the Buildings and Housing Maintenance Codes.
B.
Inspections. The Housing Officer is hereby authorized and directed
to make inspections to determine the condition of all buildings and
structures located in the Township of Pilesgrove, including but not
limited to dwellings, dwelling units, rooming units, and commercial
units and structures, in order to enforce compliance with this chapter
and the Buildings and Housing Maintenance Codes or any lawful rule
or regulation adopted or any lawful order issued pursuant to the provisions
of this chapter, and to safeguard the health and safety of the occupants
of all buildings and structures and the general public. For the purpose
of making such inspections, the Housing Officer is hereby authorized
to enter, examine and survey at all reasonable times, all buildings,
structures, dwellings, dwelling units, rooming units, and commercial
units and structures in Pilesgrove Township. The owners or occupants
of every building, structure, dwelling, dwelling unit, rooming unit,
or commercial unit or structure, or the person in charge thereof,
shall give the Housing Officer free access to such buildings or structures
at all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a building or structure shall give the
owner thereof, or the owners' agent or employee, access to any
part of such building or structure 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 and the Buildings
and Housing Maintenance Codes, or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
chapter.
C.
Fees.
(2)
The above fees are for the initial inspection visit and one follow-up
inspection visit for each HCO application. An additional charge of
$75 shall be charged and paid in advance for each subsequent inspection
visit.
(3)
An HCO may be issued (or reissued without additional charge) at any
time within 90 days following the inspection visit at which full compliance
is confirmed.
D.
Housing certificate of occupancy requirements.
(1)
No person or entity shall hereafter occupy, rent, lease, let or allow
to be occupied, whether for consideration or not, any building, structure,
dwelling, dwelling unit, hotel/motel, rooming house, rooming unit
or any commercial unit or structure, unless an HCO shall first have
been obtained from the Housing Official. A new certificate to occupy
shall be obtained each time there is a change of occupancy of any
building, structure, dwelling, dwelling unit, hotel/motel, rooming
house, rooming unit or commercial unit. Said owner shall make an application
on HCO forms to be provided by the Housing Official.
(2)
No HCO shall be issued for a building, structure, dwelling, dwelling
unit, rooming house, rooming unit, hotel/motel or commercial unit
unless said building, structure or unit complies with all of the provisions
of the Pilesgrove Township Buildings and Housing Maintenance Codes,
the Bureau of Fire Safety Smoke Detectors regulation, Uniform Construction
Code Bulletin No. 99-3 Carbon Monoxide Alarms, as amended, all of
the ordinances of Township of Pilesgrove now in existence or hereafter
enacted pertaining to plumbing, building, electrical, fire, zoning,
health, safety, the minimum state housing standards, and all other
applicable state laws and regulations. In the event that any of the
codes that comprise the Pilesgrove Township Buildings and Housing
Maintenance Codes are revised, modified or updated, the standards
set forth in said revised, modified or updated versions of such codes
shall govern.
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter or of any rule
or regulation adopted pursuant thereto may request, and shall be granted
a hearing on the matter before the Housing Officer, provided that
such person shall, within 10 days after the day the notice was served,
file in the office of the Housing Officer a written petition requesting
such hearing and setting forth a brief statement of the grounds thereof.
Following receipt of such petition, the Housing Officer 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
request by the petitioner, the Housing Officer may postpone the date
of the hearing for a reasonable time beyond such ten-day period, if,
in the Housing Officer's judgment, the petitioner has submitted
a good and sufficient reason for such postponement. After such hearing,
the Housing Officer shall sustain, modify or withdraw the notice,
depending upon the Housing Officer findings as to compliance or noncompliance
with the provisions of this chapter and the rules and regulations
adopted pursuant thereto. If the Housing Officer 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 Housing
within 10 days after such notice is served. The proceedings at such
hearing, including the findings and decision of the Housing Officer,
shall be summarized, reduced to writing and entered as a matter of
public record in the office of the Housing Officer. Such records shall
include a copy of every notice or order issued in connection with
the matter. Any person aggrieved by the decision of the Housing Officer
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state. Whenever the Housing Officer
finds that an emergency exists which requires immediate action to
protect the public health or safety, the Housing Officer may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as the officer deems
necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately, and any
person to whom such order is directed shall comply therewith immediately
but, upon petition to the Housing Officer, shall be afforded a hearing
as soon as possible. After such hearing, depending upon the officer
findings as to compliance with the provisions of this chapter and
the rules and regulations adopted pursuant thereto, the Housing Officer
shall continue such order in effect, or modify or revoke it.
The Housing Officer is hereby authorized and empowered to make
and adopt such written rules and regulations as the officer 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 any way alter,
amend or supersede any of the provisions thereof. The Housing Officer
shall file a certified copy of all rules and regulations which the
Housing Officer may adopt in both the office of the Housing Officer
and in the office of the Township Clerk.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine not to exceed $1,250, community service, or imprisonment in
the county jail for a period of not to exceed 90 days, or by a combination
of fines, community service and/or 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.
A.
The following sections of the International Property Maintenance
Code 2000 are not adopted as part of, but instead are excluded from,
the Pilesgrove Township Buildings and Housing Maintenance Codes:
(1)
Sections 103.1, 104.1, 106.1, 108.1, 111.1 of the aforesaid International
Property Maintenance Code 2000 are not hereby adopted.
C.
The Township Clerk shall annotate all copies of the International
Property Maintenance Code 2000 that are kept on file in the Township
Clerk's office so that the above exclusions are stricken and
the above insertions included, with cross-references to this chapter
in each instance.
