[Adopted by Ord. No. 22-1993 (Ch. 15.24 of the 1996 Municipal Code)]
Pursuant to the provisions of Chapter 21, P.L. 1946 (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 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 article and three copies of the same have been
placed on file in the office of the Municipal Clerk, and are available
to all persons desiring to use and examine the same.
[4-9-2019 by Ord. No.
03-2019]
Section 2.15 of the New Jersey State Housing Code (1980 Revision),
is amended as follows:
The Construction Official of the City of Burlington, the
Chief Code Enforcement Officer, the Housing Inspector of the City
of Burlington and/or the Burlington County Board of Health.
The public officer is designated as the officer to exercise
the powers prescribed by this article, and he shall serve in such
capacity without any additional salary.
The public officer is authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the 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 public officer is 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 public officer 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 article or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this article.
A.
Whenever the public officer determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this article, 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. Such notice shall 1)
be put in writing; 2) include a statement of the reasons why it is
being issued; 3) allow a reasonable time for the performance of any
act it requires; and 4) 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 sent by certified mail to his last known address
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. Such notice may contain an outline of remedial action
which, if taken, will affect compliance with the provisions of this
article 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 article, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Director of Housing and Community
Development of the City (hereinafter "Director"), provided such person
shall file in the office of the Director 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 Director 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
commence not later than 10 days after the day on which the petition
was filed, provided that, upon application of the petitioner, the
Director 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 Director shall sustain, modify or withdraw the notice,
depending upon his findings as to whether the provisions of this and
of the rules and regulations adopted pursuant thereto have been complied
with. If the Director sustains or modifies such notice, it shall be
deemed to be an order. Any notice served pursuant to this article
shall automatically become an order if a written petition for a hearing
is not filed in the office of the Director within 10 days after such
notice is served. The proceedings at such hearing, including the findings
and decision of the Director shall be summarized, reduced to writing,
and entered as a matter of public record in the office of the Director.
Such record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the Director may seek relief therefrom in any court of competent
jurisdiction as provided by the laws in this state.
Whenever the public officer 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 article, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Director shall be afforded a hearing as soon
as possible. After such hearing, depending upon his findings as to
whether the provisions of this article and of the rules and regulations
adopted pursuant thereto have been complied with, the Director shall
continue such order in effect, or modify it, or revoke it.
The public officer is authorized and empowered to make such
written rules and regulations as he may deem necessary for the proper
enforcement of the provisions of this article; provided, however,
that such rules and regulations shall not be in conflict with the
provisions of this article, nor alter, amend or supersede any of the
provisions thereof. The rules and regulations shall become effective
upon adoption of a resolution by the Common Council. Thereafter, a
certified copy of all such rules and regulations shall be maintained
in the office of the Clerk of the City.
[Amended 6-14-2011 by Ord. No. 05-2011]
No person shall occupy as owner-occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the "New Jersey
State Housing Code," established as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 4-9-2019 by Ord.
No. 03-2019]
A.
Any person, firm or corporation who shall violate any of the provisions of Chapter 195, unless specifically provided for separately in Chapter 195, shall, upon conviction, be punished by a minimum penalty of $100 for a first offense, $250 for a second offense and $500 for a third or subsequent offense and a maximum penalty not to exceed $2,000 and/or imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days for each violation of any of the provisions of this chapter. Each day the same is violated shall be deemed and taken to be a separate and distinct offense for which a separate penalty may be sought and imposed.
B.
The following schedule of penalties shall apply to the following
violations of the Code:
[Amended 11-10-2020 by Ord. No. 15-2020]
|
Code Section:
|
Standard:
|
Current:
|
Proposed:
| ||
|---|---|---|---|---|---|
|
1st Offense
|
2nd Offense
|
3rd and Subsequent Offenses
| |||
|
§ 195-16C(6)
|
Grass maintenance
|
None
|
$100 plus $50 admin fee
|
$250 plus $50 admin fee
|
$500 plus $50 admin fee
|
|
§ 195-17G
|
Maintenance of exterior stair; porch appurtenance shall be in
sound condition and repair
|
$100
|
$100
|
$250
|
$500
|
|
§ 195-19A
|
Rodent infestation
|
$250
|
$250
|
$500
|
$1,000
|
|
All living spaces heated at least 65° at a position of 36
inches above floor level throughout living space
|
$150
|
$150
|
$250
|
$500
| |
|
§ 195-20E
|
Smoke and carbon monoxide detectors to be maintained
|
$250
|
$250
|
$500
|
$1,000
|
|
§ 195-21F
|
Unfit dwelling
|
None
|
$250 plus an amount equal to 6 times the monthly rental paid
by the displaced person; plus tuition reimbursement cost, as applicable
|
$500 plus an amount equal to 6 times the monthly rental paid
by the displaced person; plus tuition reimbursement cost, as applicable
|
$1,000 plus an amount equal to 6 times the monthly rental paid
by the displaced person; plus tuition reimbursement cost, as applicable
|
|
§ 195-26B
|
Exterior commercial structure be maintained in good order
|
$250
|
$250
|
$500
|
$1,000
|
|
§ 195-26C
|
Maintenance
|
None
|
$100 plus $50 administrative fee
|
$250 plus $50 administrative fee
|
$500 plus $50 administrative fee
|
|
§ 195-26D
|
Maintenance
|
None
|
$100 plus $50 administrative fee
|
$250 plus $50 administrative fee
|
$500 plus $50 administrative fee
|
|
§ 195-29
|
Operation of an unlicensed residential rental property
|
$500
|
$500
|
$1,000
|
$2,500
|
|
§ 195-29
|
Failure to renew landlord registration
|
$250
|
$250
|
$500
|
$1,000
|
|
§ 195-32
|
Failure to update change in occupancy of a rental or application
within 20 days of occupancy
|
$150
|
$250
|
$500
|
$1,000
|
|
§ 195-33
|
Occupancy of any residential rental property without obtaining
certificate of inspection
|
$250
|
$250
|
$500
|
$1,000
|
|
§ 195-34A
|
Failure to provide access for inspection
|
$100
|
$100
|
$250
|
$500
|
|
§ 195-34B
|
Tenants must provide access to owners or agents to abate ordered
or needed repairs
|
$250
|
$250
|
$500
|
$1,000
|
|
§ 195-39B
|
Only those persons on file with the City may occupy the rental
unit
|
$150
|
$250
|
$500
|
$1,000
|
|
§ 195-42A
|
Nuisance prohibited, no rental property shall be conducted in
a manner constituting a nuisance to others
|
$150
|
$250
|
$500
|
$1,000
|
|
§ 195-42B
|
Compliance with other laws, maintenance of rental properties
|
$250
|
$250
|
$500
|
$1,000
|
|
§ 207-35E
|
Failure to obtain Historic Commission approval prior to acting
|
$250
|
$1,000
|
$2,500
|
$5,000
|
|
§ 217-710E
|
Rooming houses and boarding houses prohibited within City of
Burlington limits
|
$500
|
$500
|
$1,000
|
$1,500
|
|
§ 217-10
|
Open/overflowing trash bin/container
|
$100
|
$100
|
$250
|
$500
|
