[HISTORY: Adopted by the Township Committee of the Township
of Elk as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-1-2021 by Ord.
No. O-10-2021]
Change of occupancy or use certificate ("certificate") shall
hereinafter be required for human habitation of all existing residential
and commercial units in the Township of Elk before a change in occupancy
or use of any such unit may commence.
The International Property Maintenance Code, 2021, and as subsequently
amended and revised, is hereby accepted, adopted and established as
standards to be used as a guide in determining the fitness of a building
or structure for human habitation, occupancy or use. Copies of the
International Property Maintenance Code, 2021, and as subsequently
amended and revised, have been placed on file in the office of the
Township Clerk and are available to all persons desiring to use and
examine the same.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building used as a place of business and intended for
human occupancy.
Any building or structure presently used or used hereafter
for habitation by any human beings, whether the same is occupied or
to be occupied by an owner or tenant or occupied on any other basis.
No person shall occupy any building or dwelling as owner or
occupant, or rent to another person(s) for occupancy which does not
conform to the provisions of the International Property Maintenance
Code, 2021, and as subsequently amended and revised, and established
hereby as the standards to be used in determining whether a building
or dwelling is safe, sanitary and fit for human habitation.
The change of occupancy or use certificate required herein does
not repeal or amend requirements for other certificates heretofore
provided for by ordinances of this Township or statutes of the State
of New Jersey.
A.
Application for a change of occupancy or use certificate for change
in occupancy or use shall be made to the Construction Code Official
of the Township, or his/her designee, on a form provided by said Construction
Code Official.
B.
The Construction Code Official, or his/her designee, shall thereupon
cause inspection to be made of the subject residential unit to determine
if such unit is fit for human habitation and in compliance with the
International Property Maintenance Code, 2021.
C.
Construction Code Official, or his/her designee, shall thereupon
cause inspection to be made of the subject commercial unit to determine
if such unit is fit for human habitation and meets all the requirements
of the current International Property Maintenance Code and Uniform
Fire Code as enforced by the Township Fire Official or its designee.
In addition to the requirement for a change of occupancy or
use certificate hereinabove set forth, it shall also be required that
each dwelling unit shall comply with N.J.A.C. 5:70-2.3 to obtain a
certificate of smoke alarm, carbon monoxide alarm and portable fire
extinguisher compliance.
As a condition to the issuance of change of occupancy or use
certificate, the owner, purchaser, lessor, lessee or occupant of each
residential or commercial unit shall provide to the Code Official
a certificate or report issued by a New Jersey licensed independent
inspection company indicating that an inspection of the on-site sewage
disposal septic system was conducted and meets the current standards
required by the Gloucester County Health Department and/or the New
Jersey Department of Environmental Protection. The certificate or
report of the inspection and satisfactory results shall be conducted
within 30 days of the date of application for a change of occupancy
or use certificate.
The owner/landlord of each unit subject to this chapter is hereby
charged with the responsibility for making written application to
the Construction Code Official for a change of occupancy or use certificate.
In the event that a change of occupancy is also accompanied by a change
of ownership or use of a unit, the buyer may waive the seller's responsibility
and assume the same; provided, however, that such waiver shall be
in writing, which said waiver shall further state that the buyer is
fully aware that he, she or it is assuming full responsibility for
obtaining the change of occupancy or use certificate pursuant to this
chapter within 90 days of the date of waiver, and provided further
that such written waiver shall be filed with the Construction Code
Official, or his/her designee.
A.
Application to the Construction Code Office shall be accompanied
by a fee of $100. If an inspection is needed to take place within
72 hours (i.e., due to a settlement), then the application shall be
accompanied by a fee of $125.
B.
The Construction Code Official or his representative shall, within
10 business days of the receipt of a fully completed application for
a change of occupancy or use certificate and the accompanying fee
pursuant to this chapter, make such inspections as are required hereinabove
and, upon determining that the requirements above have been completed,
issue a change of occupancy or use certificate.
C.
If, upon the inspection or inspections aforesaid, the Construction
Code Official or his representative finds the subject unit is not
in compliance or violations exist, said official or his representative
shall, thereupon and within the said 10 business days, notify the
applicant in writing of such noncompliance, specifically setting forth
the violation or violations which require correction.
D.
Upon correction of the violations, the applicant shall notify the
Construction Code Official in writing and shall submit a reinspection
fee of $50 with such notification whereupon the Construction Code
Official or his representative shall reinspect the subject unit upon
receipt of such notification and reinspection fee. This procedure
shall be followed until all violations have been corrected, at which
time a change of occupancy or use certificate shall be issued.
E.
The Construction Code Official shall furnish copies of all regulations
referred to herein to any person requesting same for a reasonable
fee, commensurate with the costs of reproducing such regulations.
F.
Conditional certificate: A conditional certificate may be granted
based on extraordinary conditions that would prevent the applicant
from meeting the requirements of this chapter within the allotted
time frame. This can only take place after an initial inspection has
been conducted which identifies the deficiencies or violations. A
notarized letter from the applicant must be submitted stating the
nature of the hardship, along with a fee of $50. The conditional certificate
may be granted by the Code Official or his/her designee, for a period
not to exceed 30 days. At the end of this extension period all conditions
must be met, or required permits must be issued to address the deficiencies
or violations.
Any person who shall violate any of the terms or provisions
of this chapter or shall commit or do any act or thing prohibited
by the terms of this chapter shall, upon conviction thereof, be subject
to a fine not exceeding $1,250, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days. Offenses
on separate days shall be deemed to be separate offenses, so that
a continued violation from day to day shall be construed to be a new
violation for each day such violation occurs.
[Adopted 12-1-2022 by Ord. No. O-10-2022]
The owner, landlord and/or agent of every single-family, two-family,
and/or multiple dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards no
later than July 22, 2024, or upon tenant turnover, whichever is earlier.
After the initial inspection required by § 52-12, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-4371 et
seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to
time.
A dwelling unit in a single-family, two-family, or multiple
rental dwelling shall not be subject to inspection and evaluation
for the presence of lead-based paint hazards, or for the fees for
such inspection or evaluation, if the unit:
A.
Has been certified to be free of lead-based paint;
B.
Was constructed during or after 1978; or
C.
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations form the most recent cyclical inspection performed
on the multiple dwelling under the "Hotel and Multiple Dwelling Law,"
N.J.S.A. 55:13A-1, et seq.
D.
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
E.
Has a valid lead-safe certification issued in accordance with N.J.S.A.
52:27D-437.16(d)(2).
If lead-based paint hazards are identified, then the owner of
the dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the Township
Code Enforcement Officer or designee, as may be applicable, or the
owner's private lead inspector, shall conduct an additional inspection
of the unit to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the Township
Code Enforcement Officer or designee or the owner's private lead
inspector shall certify the dwelling as lead safe on a form prescribed
by the Department of Community Affairs, which shall be valid for two
years and shall be filed with the Township's Code Enforcement
Officer. The Township Code Enforcement Officer shall maintain up-to-date
information on inspection schedules, inspection results, tenant turnover
and a record of all lead-free certifications issued pursuant to N.J.A.C.
5:17.
In accordance with N.J.S.A. 52:27D-437.16(e) and commencing
on the effective date of this article, property owners shall:
A.
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Elk at the time of the cyclical
inspection.
B.
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
C.
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
A.
Notwithstanding any other fees due pursuant to this article, a fee in the amount of $200 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of § 52-12 in which case no additional lead-based paint inspection fee shall be paid.
B.
The fee for the filing of a lead-safe certification or lead-free
certification shall be $50.
C.
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
D.
In addition to the fees charged above for lead hazard inspection,
the Township shall assess an additional fee of $20 per unit inspected
by a certified lead evaluation contractor or local officer for the
purposes of the "Lead Hazard Control Assistance Act," P.L. 2003, c.
311 (C. 52:27D-437.1 et al.) concerning lead hazard control work,
unless the unit owner demonstrates that the Department of Community
Affairs has already assessed an additional inspection fee of $20 pursuant
to the provisions of section 10 of P.L. 2003, c. 311 (C. 52:27D-437.10).
In a common interest community, any inspection fee charged pursuant
to this subsection shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the
owner of the unit. The fees collected pursuant to this subsection
shall be deposited into the "Lead Hazard Control Assistance Fund"
established pursuant to section 4 of P.L. 2003, c. 311 (C. 52:27D-437.4).
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of article shall be as follows:
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B.
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
