Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Franklin 1-27-1983 by Ord. No. 1115 (Ch. 151 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 26.
Unfit buildings — See Ch. 94.
Nuisances — See Ch. 169.
Property maintenance — See Ch. 183.
Housing discrimination — See Ch. 210.
Rental dwellings — See Ch. 290.

§ 151-1 Adoption of state regulations.

[Amended 12-12-1990 by Ord. No. 1612]
The New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et seq. and the New Jersey Regulations for Maintenance of Hotels and Multiple Dwellings, N.J.A.C. 5:10-1.1 et seq. are hereby adopted in their entirety as part of this chapter.

§ 151-2 Reoccupancy log book.

[Amended 12-12-1990 by Ord. No. 1612]
The owner, managing agent, or individual responsible for renting the individual units of a multiple dwelling shall maintain a reoccupancy log.
A. 
The reoccupancy log shall include the name of the current lessee and the date on which any changes in rental status occurred.
B. 
The reoccupancy log shall be accessible to inspectors of the Department of Public Health during regular business hours. Failure to produce the reoccupancy log within 24 hours of a request, written or oral, of the Department of Public Health shall constitute a violation of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
C. 
The information required to be kept in the reoccupancy log shall be maintained and available for inspection for a minimum of two years from the date of its entry into the log.

§ 151-3 Applicability to rooming houses.

All regulations contained herein applying to hotels and multiple dwellings should, where applicable, also apply to rooming houses. Such applicability shall be determined by the Township official charged by the terms of this chapter for administering and enforcing the same.

§ 151-4 Designation of Housing Official.

The provisions of this chapter shall be administered and enforced by a Housing Official designated by the Township Manager or by any subordinates of such Housing Official.

§ 151-5 Applicability.

[Amended 11-14-2000 by Ord. No. 3165]
This chapter shall be applicable to all multiple-family dwelling units, hotels, motels, rooming houses and senior residences in the Township of Franklin.

§ 151-6 Certificates of occupancy; inspections.

[Amended 4-14-1983 by Ord. No. 1126; 3-14-1989 by Ord. No. 1467; 6-12-1990 by Ord. No. 1576]
A. 
Each multiple dwelling unit in the Township shall be required to have a certificate of occupancy issued prior to the renting of such unit or, if such unit is rented at the time of the effective date of this chapter, then at the renting of such unit to any new tenant.
B. 
All multiple dwelling units and common areas shall be subject to inspection once every fifth year in accordance with N.J.S.A. 55:13a-13(a)-(d) at which time a certificate of occupancy shall be required for continued occupancy.
(1) 
All living units in multiple-family dwellings shall be subject to fire safety inspection by the Fire Prevention Department once every fifth year in accordance with the provisions of § 132-11B(1)(l)[2], (2)(c)[2], and (3)(a)[12][b].
[Added 2-23-1999 by Ord. No. 3032]
C. 
Each hotel, motel, rooming house of senior residence in the Township of Franklin shall be inspected once a year for compliance with the provisions of this chapter and a certificate of occupancy issued upon such compliance.
[Amended 11-14-2000 by Ord. No. 3165]
D. 
Nothing herein shall be construed as preventing the Township inspection official from inspecting more often than indicated above, but such inspection shall be made with no charge for same.

§ 151-7 Fees.

[Amended 4-14-1983 by Ord. No. 1126; 3-14-1989 by Ord. No. 1467; 6-12-1990 by Ord. No. 1576; 11-14-2000 by Ord. No. 3165]
A. 
The fees for such inspection shall be as follows:
(1) 
Multiple dwelling units: $75 per dwelling unit and common areas: $50 per building or floor when building is greater than three floors.
[Amended 2-26-2008 by Ord. No. 3739]
(2) 
Hotels, motels: $200 plus $10 per room.
(3) 
Rooming house: $50.
(4) 
Senior residences: $200.
[Added 11-14-2000 by Ord. No. 3165]
B. 
In the event a prospective licensee shall receive a conditional or temporary license or shall be denied a license, all further inspections necessary in order for the licensee to obtain a permanent annual license shall be charged for each reinspection as follows:
(1) 
Multidwelling units: $75 per dwelling unit for which reinspection is required.
[Amended 12-11-1990 by Ord. No. 1612; 2-26-2008 by Ord. No. 3739]
(2) 
Hotels, motels: $10 per room for which reinspection is required.
(3) 
Rooming house: $50.

§ 151-8 Inspections; right of entry.

The Housing Official or his subordinate is directed to make inspections to determine the condition of multidwelling units, hotels, motels and rooming houses within the Township in order that he may perform his duty of safeguarding the health and safety of the occupants of such units and of the general public. For the purpose of making such inspections, the Housing Official or his subordinate is authorized to enter, examine, inspect and survey, at any time deemed necessary by him, all such units. The owner or occupant of all such units or the person in charge thereof shall give the Housing Inspector or his subordinate or agent free access at all times for the purpose of making such inspection, examination and/or survey. Every occupant of such a unit shall give the owner thereof or his agent or employee access to any such units at all times for the purpose of making repairs or alterations as are necessary to effect compliance with the provisions of this chapter or other ordinances in force in the Township or of statutes pertaining to health of the State of New Jersey.

§ 151-9 Notice of violations; summons, penalties, emergency orders, penalties.

[Amended 6-10-1993 by Ord. No. 1778; 11-27-2002 by Ord. No. 3252; 11-27-2001 by Ord. No. 3252]
A. 
Whenever the Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rules or regulations adopted pursuant thereto, notice of such alleged violation shall be given to the owner or operator of the premises, as hereinafter provided. Such notices shall put in writing the various violations and the section or subsection violated and allow a reasonable time to abate or correct such violations, not to exceed 60 days from the date of such notice. Such notice shall be served personally on the owner, operator or occupant or shall be sent by regular mail and certified mail to the owner's last known address. In the event service cannot be effected, the Housing Inspector shall post a copy on the building where the violations occur, or the notice shall be served by any other method authorized under the laws of this state.
[Amended 10-10-2000 by Ord. No. 3162]
B. 
At the expiration of the time given to abate a nuisance or correct a condition as set forth in the notice of violation, where a reasonable effort, in the discretion of the Housing Inspector, has not been made by the owner or operator to abate or correct the violations enumerated, the Housing Inspector shall summon such persons before the Municipal Court of the Township or any other court having jurisdiction.
C. 
Whenever the Housing Inspector finds that an emergency exists which requires immediate action to protect the public health, he may without written notice or hearing, issue a verbal order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Any person to whom such an order is directed shall comply therewith immediately.
D. 
Failure to secure a certificate of occupancy prior to the renting of a multiple dwelling unit shall be a violation of this chapter. An owner and/or operator violating the requirement to secure a certificate of occupancy shall be subject to the penalties in § 151-15.
[Amended 11-27-2001 by Ord. No. 3252; 2-14-2006 by Ord. No. 3591]

§ 151-10 Required notifications.

[Amended 6-12-1990 by Ord. No. 1576; 6-10-1993 by Ord. No. 1778]
A. 
All owners and/or operators of multiple-family dwellings in the Township of Franklin shall notify the Township Building Inspector and the Township Department of Public Health within 48 hours of any vacancy of any unit.
B. 
The Building Inspector and/or Department of Public Health shall issue a certificate of occupancy or a written denial setting forth the specific reasons for such denial within 48 hours of receipt of such notification.
C. 
Nothing in this chapter shall prohibit the owner and/or operator from providing additional notice to the Building Inspector and/or Department of Public Health and scheduling a date and time for inspection convenient to all parties.

§ 151-11 Records.

Accurate and up-to-date records shall be kept by the Housing Official of the status of inspections and certificates of occupancy issued on all buildings covered by this chapter.

§ 151-12 Inspection of heating system.

[Added 7-12-1988 by Ord. No. 1411]
All multiple dwelling owners shall cause the furnace, boiler or other central heating system under their control in such building to be inspected by a qualified person between May 1 and September 1 of each year. The findings shall be forwarded to the Township of Franklin Department of Public Health within 15 days following the inspection.
A. 
No fewer than two portable electric heaters per dwelling unit shall be supplied at no cost to the tenants thereof, provided that the electric wiring is sufficient.
B. 
Auxiliary boilers must be connected to the existing heating plant.

§ 151-13 Applicability of more restrictive provisions.

Wherever a provision(s) of this chapter and a provision(s) of any other ordinance(s) of the Township of Franklin applies to a particular situation, the more restrictive of such provisions shall be deemed to apply.

§ 151-14 Construction.

[Added 6-10-1993 by Ord. No. 1778]
It is the intention of the Township Council of the Township of Franklin that this chapter be read in pari materia with all other applicable ordinances within the Township of Franklin and statutes of the State of New Jersey that are not inconsistent with the provisions contained herein.

§ 151-15 Violations and penalties.

[Added 11-27-2001 by Ord. No. 3252]
Any person, firm or corporation who shall violate any provision of this code, upon conviction thereof, shall be subject to the penalties provided in Chapter 1, Article II, General Penalty, at the discretion of the court. Every 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.