[HISTORY: Adopted by the Mayor and Council
of the Borough of Tuckerton 3-7-2016 by Ord. No. 4-2016.[1] Amendments noted where applicable.]
All buildings, structures and units thereof that are rented
or sold, regardless of the term, in the Borough of Tuckerton, for
living or sleeping purposes, shall be inspected by the Code Enforcement
Official on every initial occupancy or change of occupancy after the
effective date of this article.
All buildings, structures and units thereof, which are inspected
pursuant to this article, shall comply in all respects with the requirements
of Borough ordinances and the applicable provisions of the New Jersey
Uniform Construction Code and the provisions of N.J.S.A. 55:13A-1
et seq. and 55:13B-1.
The owner, rental agent or manager of all buildings and structures
and units thereof, which are subject to inspection pursuant to this
article, shall be responsible for notifying the Code Enforcement Official,
in writing, or on a form acceptable to the Code Enforcement Official,
that such premises are rented or being offered to be rented or sold
so that an inspection or reinspection may be made to a change in occupancy.
Upon completion of an inspection of the premises and the same being determined by the Code Enforcement Official to comply with § 122-1 et seq., a rental or resale certificate of inspection shall issue. 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 person shall occupy any building, structure or any units thereof until a rental certificate of inspection has been issued and the owner/landlord shall have registered the premises with the Borough Clerk's Office.
In the event that the Code Enforcement Official determines, after an inspection, that the premises in question are in violation of § 122-1 et seq., the Code Enforcement 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 Enforcement Official that the corrections have been made so that a reinspection of the property may occur. If, upon reinspection of the property, the Code Enforcement Official determines that previous violations were not corrected or new violations exist, then the Code Enforcement 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. No occupancy of the subject premises shall occur until the violations have been corrected and a certificate of inspection has been issued.
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 or suitable age and discretion
who shall be informed of the contents thereof; or by certified mail
and regular mail simultaneously 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 there shall
be at least one publication of such notice in a local newspaper of
general circulation.
If, subsequent to the issuance of a rental certificate of inspection, the Code Enforcement Official learns or become aware of violations of § 122-1 et seq., 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 inspection may be revoked by the Code Enforcement 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.
A.
If, subsequent to the issuance or a rental or resale certificate of inspection, the Code Enforcement Official learns or becomes aware of violations of § 122-1 et seq., 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 inspection may be revoked by the Code Enforcement 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.
B.
Any person, firm or corporation which shall violate any provision
of this article shall, upon conviction thereof, be subject to a fine
of not less than $100 nor more than $1,000, or imprisonment for a
term not to exceed 30 days, or both, at the discretion of the court.
Each day that a violation continues, after due notice has been served,
in accordance with the terms and provisions hereof, shall be deemed
a separate offense.
C.
Upon conviction for a second violation, any person, firm or corporation
shall be subject to a fine of not less than $500 nor more than $1,000
or imprisonment for a term not to exceed 30 days, or both, at the
discretion of the Court. Each day that a violation continues, after
due notice has been served, in accordance with the terms and provisions
hereof, shall be deemed a separate offense.
D.
Notwithstanding any of the aforementioned and not in limitation thereof,
in case any violation order is not promptly complied with, the Code
Enforcement Official may request the jurisdiction's legal representative
to institute an appropriate action or proceeding at law or in 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; or
(4)
To prevent the occupation or use of the structure or part thereof
which has been erected, constructed, installed or altered in violation
of, or not in compliance with, the provisions of this Code or in violation
of a plan or specification under which an approval, permit or certificate
was issued.
B.
A fee of $40 shall be charged for each dwelling which is required to be reinspected during any calendar year resulting from and pursuant to the provisions of § 122-5. The fee of $40 shall be charged for each reinspection.
C.
The aforesaid fees shall be paid to the Construction Office prior
to any inspection being made hereunder.
D.
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.
A purchaser of any property regulated by the chapter may waive
the seller's responsibility to obtain a certificate of inspection
prior to the transfer of title; provided, however, that such waiver
shall be in writing on forms provided by the Borough. Such waiver
shall state that the buyer is fully aware that he, she or it is assuming
full responsibility for obtaining a certificate of inspection prior
to the occupancy of the property. An application for a waiver of the
certificate of inspection shall be accompanied by a fee of $25.
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 30 days, or by community service, as determined
in the discretion of 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.
