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:
PUBLIC OFFICER
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.
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:
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Proposed:
|
---|
|
|
|
1st Offense
|
2nd Offense
|
3rd and Subsequent Offenses
|
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§ 195-16C(6)
|
Grass maintenance
|
None
|
$100 plus $50 admin fee
|
$250 plus $50 admin fee
|
$500 plus $50 admin fee
|
|
Maintenance of exterior stair; porch appurtenance shall be in
sound condition and repair
|
$100
|
$100
|
$250
|
$500
|
|
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
|
|
Smoke and carbon monoxide detectors to be maintained
|
$250
|
$250
|
$500
|
$1,000
|
|
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
|
|
Exterior commercial structure be maintained in good order
|
$250
|
$250
|
$500
|
$1,000
|
|
Maintenance
|
None
|
$100 plus $50 administrative fee
|
$250 plus $50 administrative fee
|
$500 plus $50 administrative fee
|
|
Maintenance
|
None
|
$100 plus $50 administrative fee
|
$250 plus $50 administrative fee
|
$500 plus $50 administrative fee
|
|
Operation of an unlicensed residential rental property
|
$500
|
$500
|
$1,000
|
$2,500
|
|
Failure to renew landlord registration
|
$250
|
$250
|
$500
|
$1,000
|
|
Failure to update change in occupancy of a rental or application
within 20 days of occupancy
|
$150
|
$250
|
$500
|
$1,000
|
|
Occupancy of any residential rental property without obtaining
certificate of inspection
|
$250
|
$250
|
$500
|
$1,000
|
|
Failure to provide access for inspection
|
$100
|
$100
|
$250
|
$500
|
|
Tenants must provide access to owners or agents to abate ordered
or needed repairs
|
$250
|
$250
|
$500
|
$1,000
|
|
Only those persons on file with the City may occupy the rental
unit
|
$150
|
$250
|
$500
|
$1,000
|
|
Nuisance prohibited, no rental property shall be conducted in
a manner constituting a nuisance to others
|
$150
|
$250
|
$500
|
$1,000
|
|
Compliance with other laws, maintenance of rental properties
|
$250
|
$250
|
$500
|
$1,000
|
|
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
|
|
Open/overflowing trash bin/container
|
$100
|
$100
|
$250
|
$500
|