Township of Stafford, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 70.
Moving of buildings — See Ch. 72.
Numbering of buildings — See Ch. 74.
Unfit buildings — See Ch. 76.
Land use and development — See Ch. 130.
Licensing — See Ch. 134, Art. II.
Mobile home parks — See Ch. 140.
Property maintenance — See Ch. 158.
Zoning — See Ch. 211.
[Adopted 7-10-1984 by Ord. No. 84-48]

§ 81-1 Inspections.

[Amended 12-4-1990 by Ord. No. 90-65]
All buildings, structures and units thereof that are leased or rented, regardless of the term, in the Township of Stafford shall be inspected by the Code Official on every initial occupancy or change of occupancy after the effective date of this article, but there shall not be more than one such inspection of each leased or rented building, structure or units thereof in any calendar year. All buildings, structures and units thereof, which are leased or rented and not currently occupied at the time this article takes effect, shall be considered an initial occupancy and subject to the provisions hereof.

§ 81-2 Compliance with state provisions.

[Amended 8-4-1998 by Ord. No. 98-54]
A. 
All buildings, structures and units thereof which are inspected pursuant to this article shall comply in all respects to the requirements of Township ordinances, the provisions of N.J.S.A. 55:13A-1 et seq. and 55:13B-1 et seq. and the applicable provisions of the International Property Maintenance Code, 1998.
B. 
Any and all new work required to be undertaken on an existing structure must comply with the provisions of the New Jersey Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.).

§ 81-2.1 Adoption of code by reference.

[Added 8-4-1998 by Ord. No. 98-54]
The International Property Maintenance Code and all of the terms contained therein, and as such portions as are hereinafter deleted, modified, changed or amended, are hereby adopted and incorporated as fully as if they were set forth at length herein. Pursuant to N.J.S.A. 40:49-5.1 et seq., the aforesaid code is adopted by reference thereto, and a copy of the printed code is annexed to this chapter and shall be a part of it as fully as though it had been set forth at length herein.

§ 81-2.2 Copies of code on file.

[Added 8-4-1998 by Ord. No. 98-54]
Three copies of the printed code have been placed on file in the office of the Department of Building Inspections and the office of the Township Clerk for use and examination of the public.

§ 81-2.3 Revisions to the International Property Maintenance Code.

[Added 8-4-1998 by Ord. No. 98-54]
The following provisions of the International Property Maintenance Code shall be revised and/or modified as follows:
A. 
Chapter 1, entitled, "Administration," is hereby deleted in its entirety.
B. 
Section 301.3 is hereby deleted in its entirety.
C. 
Sections 302.1, 302.2, 302.3, 302.4 and 302.8 are hereby deleted in their entireties.
D. 
Section 303.4 is hereby deleted in its entirety.
E. 
In Section 303.7, the last sentence that reads, "Roof water shall not be discharged in a manner that creates a public nuisance" shall be deleted.
F. 
In Section 303.15, the phrase "during the period from [date] to [date]" shall be deleted.
G. 
Section 303.18 shall be deleted in its entirety.
H. 
Section 304.2 shall be deleted in its entirety.
I. 
Section 305 entitled is hereby deleted in its entirety.
J. 
In Section 502.4, the phrase" and one drinking facility" shall be deleted.
K. 
Section 505.2 shall be deleted in its entirety.
L. 
In Section 505.4, the following sentence shall be added: "All relief valve discharge pipes are to be metallic with no threaded ends and are to terminate six inches above the finish floor."
M. 
Section 507 is hereby deleted in its entirety.
N. 
In Section 602.3, the phrase "during the period from [date] to [date]" is hereby deleted, and the exception listed therein is deleted in its entirety.
O. 
In Section 602.4, the phrase "during the period from [date] to [date]" is hereby deleted.
P. 
Section 605.2 is hereby deleted in its entirety.
Q. 
Section 606 is hereby deleted in its entirety.
R. 
In Section 702.9, the phrase "and having more than four risers" shall be revised to read "and having more than three risers."
S. 
In Section 705.5.2, the following sentence shall be added: "AC primary power source smoke detectors are to be replaced with the same power source with or without battery backup."

§ 81-3 Obligation of property owner.

The owner, rental agent or manager of all buildings and structures and units thereof subject to inspection pursuant to this article shall be responsible for notifying, in writing, the Code Official that such premises are leased or rented or being offered to be leased or rented so that an inspection or reinspection may be made.

§ 81-4 Issuance of certificate. [1]

[Amended 9-2-1997 by Ord. No. 97-79]
A. 
Prior to the inspection and issuance of a rental certificate of occupancy, the owner of the property must comply with the provisions of § 164-2.
B. 
Upon completion of an inspection of the premises and the same being determined by the Code Official to comply with this article, a rental certificate of occupancy shall be issued. A copy of the certificate shall be posted by the owner, rental agent or manager of the inspected property in each separate leased or rented unit. No tenant shall occupy any building, structure or any units thereof until a rental certificate of occupancy has been issued.
[1]
Editor's Note: For additional provisions on issuance of certificates, see Ch. 134, Licensing, Art. II.

§ 81-5 Written notice of violations.

In the event that the Code Official determines, after an inspection, that the premises in question are in violation of this article, the Code Official shall notify, in writing, the owner, rental agent or manager of the violations noted. Upon correction of the violations, the owner, rental agent or manager shall notify, in writing, the Code Official that the corrections have been made so that a reinspection of the property may occur. If, upon reinspection of the property, the Code Official determines that previous violations were not corrected or new violations exist, then the Code Official shall, again in writing, notify the owner, rental agent or manager of the inspected property of the violations, and this process shall continue until all violations have been corrected.

§ 81-6 Service of notice.

Service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner, rental agent or manager personally, or by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof, or by certified or registered mail addressed to the owner at the last known address with return receipt requested, or, if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice and at least one publication of such notice in a local newspaper of general circulation.

§ 81-7 Revocation of certificate.

If, subsequent to the issuance of a rental certificate of occupancy, the Code Official learns or becomes aware of violations of this article, an inspection shall be made of the subject premises. If violations are found to exist, then notification in writing shall be given to the owner, rental agent or manager, and said person shall have 10 days from service of the notice to correct all deficiencies noted therein. In the event that the same have not been corrected within 10 days, then the rental certificate of occupancy may be revoked by the Construction Official by mailing a notice of revocation by certified mail to the owner, rental agent or manager and to the tenant or tenants, and the premises will be vacated.

§ 81-8 Violations and penalties.

A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Amended 2-21-1989 by Ord. No. 89-22]
B. 
Notwithstanding any of the aforementioned and not in limitation thereof, in case any violation order is not promptly complied with, the Code Official may request the jurisdiction's legal representative to institute an appropriate action or proceeding at law or equity to exact the penalty provided as indicated above or may ask the legal representative to proceed at law or in equity against the persons responsible for the violation for the following purposes:
(1) 
To restrain, correct or remove the violation or refrain from any further execution of work.
(2) 
To restrain or correct the erection, installation, or alteration of each structure.
(3) 
To require the removal of work in violation.
(4) 
To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of this article or in violation of a plan or specification under which an approval, permit or certificate was issued.

§ 81-9 Fees.

A. 
Amounts.
[Amended 12-4-1990 by Ord. No. 90-65]
(1) 
The owner of the inspected property shall be charged a fee for each inspection as follows:
(a) 
Certificate of occupancy:
[Amended 2-15-2011 by Ord. No. 2011-08]
[1] 
Single family, per dwelling unit: $40.
[2] 
One to 50 units, per dwelling unit: $25.
[3] 
Over 50 units, per dwelling unit: $20.
[4] 
Commercial unit, per unit: $65.
(2) 
The term "dwelling unit" shall be defined as a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
(3) 
"Commercial unit" shall mean any rental property utilized for nonresidential purposes.
(4) 
A fee of $25 shall be charged for each residential property which is required to be reinspected during any calendar year.
(5) 
A fee of $50 shall be charged for each nonresidential property which is required to be reinspected during any calendar year.
(6) 
A fee of $15 shall be charged for each subsequent reinspection required due to a previously failed inspection.
[Added 10-3-1995 by Ord. No. 95-94]
B. 
The aforesaid fees shall be paid to the Code Official prior to any inspection being made hereunder.

§ 81-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CODE OFFICIAL
The Township Construction Code Official, his designee or an agency authorized to perform inspections on behalf of the Township.
[Adopted 8-28-1984 by Ord. No. 84-49]

§ 81-11 Transfer of title.

The ownership of real estate shall not be transferred unless prior thereto there has been obtained from the Construction Official a certificate of occupancy.

§ 81-12 Property standards.

[Amended 12-4-1990 by Ord. No. 90-65; 2-1-1994 by Ord. No. 94-18]
A. 
Such certificate of occupancy shall certify that such dwelling unit is fit for human habitation and that any commercial unit is in compliance with all requirements promulgated by ordinance, the New Jersey State Uniform Construction Code, the provisions of N.J.S.A. 55:13A-1 et seq. and N.J.S.A. 55:13B-1 et seq. and the International Property Maintenance Code, 1998.
[Amended 6-1-2004 by Ord. No. 2004-46]
B. 
Prior to the issuance of a certificate of occupancy, a chimney cap must be placed on all fireplaces in order to prevent any animals from entering the chimney.
C. 
Prior to the issuance of a certificate of occupancy, all new or substantially renovated nonresidential structures must have a Rapid Entry Knox-Box® located on the outside of the building as directed by the Fire Official/Fire Inspector, accessible to emergency personnel. Said Rapid Entry Knox-Box® must be of a design acceptable to the Fire Official/Fire Inspector.
[Added 7-6-1999 by Ord. No. 99-36; amended 3-2-2010 by Ord. No. 2010-08]

§ 81-12.1 Revisions to the International Property Maintenance Code.

[Added 6-1-2004 by Ord. No. 2004-46]
The following provisions of the International Property Maintenance Code, 1998, adopted herein by reference pursuant to § 81-2.1, shall be revised and/or modified as follows:
A. 
Chapter 1 entitled, "Administration" is hereby deleted in its entirety.
B. 
Section 301.3 is hereby deleted in its entirety.
C. 
Sections 302.1, 302.2, 302.3, 302.4 and 302.8 are hereby deleted in their entireties.
D. 
Section 303.4 is hereby deleted in its entirety.
E. 
Section 303.7, the last sentence that reads, "Roof water shall not be discharged in a manner that creates a public nuisance" shall be deleted.
F. 
Section 303.15, the phrase "during the period from [date] to [date]" shall be deleted.
G. 
Section 303.18 shall be deleted in its entirety.
H. 
Section 304.2 shall be deleted in its entirety.
I. 
Section 305 is hereby deleted in its entirety.
J. 
Section 502.4, the phrase "and one drinking facility", shall be deleted.
K. 
Section 505.2 shall be deleted in its entirety.
L. 
Section 505.4, the following sentence shall be added: "All relief valve discharge pipes are to be metallic with no threaded ends and are to terminate six inches above the finish floor."
M. 
Section 507 is hereby deleted in its entirety.
N. 
Section 602.3, the phrase "during the period from [date] to [date]" is hereby deleted and the exception listed therein is deleted in its entirety.
O. 
Section 602.4, the phrase "during the period from [date] to [date]" is hereby deleted.
P. 
Section 605.2 is hereby deleted in its entirety.
Q. 
Section 606 is hereby deleted in its entirety.
R. 
Section 702.9, the phrase "and having more than four risers” shall be revised to read "and having more than three risers."
S. 
Section 705.5.2, the following sentence shall be added: "AC primary power source smoke detectors are to be replaced with the same power source with or without battery backup."

§ 81-13 Issuance or denial of certificate. [1]

A. 
Within 10 days of the receipt of the application and application fee, the Construction Official shall either issue a certificate of occupancy pursuant to § 81-11 or issue a denial of the request for the certificate specifying the necessary corrections or repairs which must be made in order to cause the premises to comply with all ordinances adopted by the Township of Stafford or standards contained in the New Jersey Uniform Construction Code and the International Property Maintenance Code, 1998.
[Amended 12-4-1990 by Ord. No. 90-65; 6-1-2004 by Ord. No. 2004-46]
B. 
The Construction Official may issue a temporary certificate of occupancy for a period not to exceed 90 days if the structure substantially complies with the criteria set forth in Subsection A above. In such event, the temporary certificate of occupancy shall be conditioned upon the completion of such items specified by the Construction Official and within the time period established by said Official.
[1]
Editor's Note: For additional regulations on issuance of certificates, see Ch. 134, Licensing, Art. II.

§ 81-14 Definitions. [1]

As used in this article, the following terms shall have the meanings indicated:
CONSTRUCTION OFFICIAL
The Township Construction Official, his designee or an agency authorized to perform inspections on behalf of the Township.
[1]
Editor's Note: Former § 81-14, Fees, was repealed 12-4-1990 by Ord. No. 90-65. Said ordinance also redesignated former §§ 81-15 and 81-16 as §§ 81-14 and 81-15.

§ 81-15 Violations and penalties.

[Added 10-29-1985 by Ord. No. 85-82]
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Amended 2-21-1989 by Ord. No. 89-22]
B. 
Notwithstanding any of the aforementioned and not in limitation thereof, in case any violation order is not promptly complied with, the Code Official may request the jurisdiction's legal representative to institute an appropriate action or proceeding at law or equity to exact the penalty provided as indicated above or may ask the legal representative to proceed at law or in equity against the persons responsible for the violation for the following purposes:
(1) 
To restrain, correct or remove the violation or refrain from any further execution of work.
(2) 
To restrain or correct the erection, installation or alteration of each structure.
(3) 
To require the removal of work in violation.
(4) 
To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of this article or in violation of a plan or specification under which an approval, permit or certificate was issued.