[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.]
[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.
[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]
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.
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.
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.
[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.
[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.
[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:
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.
[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]
[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.
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.
[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.
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.
[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.
[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.
