[Amended 2-12-2009 by Ord. No. 2009-7]
The Housing Inspector of the Township is hereby
designated as the officer to exercise the powers prescribed by this
chapter.
[Amended 2-12-2009 by Ord. No. 2009-7; 11-28-2022 by Ord. No. 2022-42]
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the International Property Maintenance Code 2018, as published by the International Code Council, is hereby 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. Each and all of the regulations of the International Property Maintenance Code 2018, except as amended by §
187-2, are hereby referred to, adopted and made part hereof, as if more fully set out in the chapter. Three copies of the International Property Maintenance Code 2018 have been placed on file in the office of the Municipal Clerk of the Township of Robbinsville, Mercer County, New Jersey, and are available to all persons desiring to use and examine the same.
The Housing Inspector is hereby authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Township
in order that he/she may perform his/her 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 Housing Inspector
is hereby 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 Housing Inspector
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/her 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
chapter or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
[Amended 2-12-2009 by Ord. No. 2009-7]
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 rule or regulation adopted
pursuant thereto, he/she shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
Such notice shall:
(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.
(4) Be served upon the owner of his/her 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/her personally or if a copy thereof
is sent by registered mail to his/her 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/she 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 effect compliance with the provisions of this chapter 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 chapter
or of any rule or regulation adopted pursuant thereto may request
and shall be granted a hearing on the matter before the Construction
Official, provided that such person shall file, in the office of the
Construction Official, 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 Construction Official 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 be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Construction Official may postpone the date of
the hearing for a reasonable time beyond such ten-day period if, in
his/her judgment, the petitioner has submitted a good and sufficient
reason for such postponement.
C. After such hearing the Construction Official shall
sustain, modify or withdraw the notice, depending upon his/her findings
as to whether the provisions of this chapter and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Construction Official sustains or modifies such notice, it shall be
deemed to be an order. Any notice served pursuant to this chapter
shall automatically become an order if a written petition for a hearing
is not filed in the office of the Construction Official within 10
days after such notice is served.
D. The proceedings at such hearings, including the findings
and decision of the Construction Official, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Construction Official. Such record shall also include a copy
of every notice or order issued in connection with the matter.
E. Any person aggrieved by the decision of the Construction
Official may seek relief therefrom in any court of competent jurisdiction,
as provided by laws of the state.
F. Whenever the Housing Inspector finds that an emergency
exists which requires immediate action to protect the public health
or safety, he/she may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he/she deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person, to whom such order is directed shall comply
therewith immediately but upon petition to the Construction Official,
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his/her findings as to whether the provisions of this
chapter and of the rules and regulations adopted pursuant thereto
have been complied with, the Construction Official shall continue
such order in effect or modify it or revoke it.
[Amended 2-12-2009 by Ord. No. 2009-7; 11-28-2022 by Ord. No. 2022-42]
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 International Property Maintenance Code 2018, as adopted by
this chapter, established hereby as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 2-12-2009 by Ord. No. 2009-7]
A. Certificate required prior to new occupation. No owner
of any dwelling, dwelling unit, hotel, motel, rooming house, rooming
unit, boardinghouse or premises on which a building is located and
is used or intended to be used for human habitation shall sell, transfer,
grant, mortgage with right of occupancy, lease, rent, let or otherwise
dispose of such property to another until a certificate shall first
have been obtained from the Division of Housing stating that the building
and premises complies with the requirements of this chapter. The certificate
shall be valid for 60 days from the date of its issuance. Any person
occupying such premises or contracting with the owner for occupancy
of premises by another shall be bound by the provisions of this section
and the penalties imposed for its violation. The requirements of this
section shall be binding upon any owner and/or person with right of
occupancy who proposes to grant permission to occupy the premises
to another or who proposes to change the occupants of the premises,
whether there is a formal sale or lease or not. The certificate described
above shall be required in all cases where the occupancy of the dwelling
unit is changed. This section is binding upon the new occupant, as
well as the party granting the right of occupancy to a new occupant,
and upon the owner equally.
B. Exceptions. In cases of applications for Housing Code
certificates in connection with a bona fide sale of property wherein
the purchaser is the intended occupant of all dwelling units on the
property being sold and where the purchaser executes a statement so
certifying that he/she will occupy the property and agrees in the
same writing to accomplish the repair of any and all minor violations
listed by the Housing Code Inspector from a prior inspection, the
Housing Inspector may, at his/her discretion, permit the transfer
of title to the property and/or permit the purchaser to occupy the
property upon the purchaser's written promise to accomplish repairs
and have them inspected at the purchaser's expense within such reasonable
period of time as the Housing Inspector may require. If such certificate
is issued, the burden of complying with this section shall be that
of the purchaser. In issuing such a conditional Housing Code certificate,
the Housing Inspector may, in his/her discretion, determine whether
or not the conditional certificate simply permits the sale of the
premises or, in addition, permits occupancy by the purchaser during
the time period when repairs are being made by the purchaser. No such
occupancy shall be permitted under a conditional Housing Code certificate
if violations exist which render the premises dangerous, from a health
and accident point of view, for occupancy. In no event may such conditional
certificate of occupancy be issued unless the purchaser certifies
in writing to the Housing Inspector that he/she and his/her family
will be the occupants of the residential unit, at least until all
repairs are made, inspected and approved and an unconditional Housing
Code certificate is issued.
[Amended 2-12-2009 by Ord. No. 2009-7]
The Housing Inspector shall not issue any Housing
Code certificate or certificate of occupancy upon the sale or any
change in occupancy of any low/moderate unit unless he/she first ascertains
that the Township’s designated administrative agent for affordable
housing has approved the proposed transaction in writing.
There shall be paid to the Housing Inspector at the time of application for inspection which is requested in order to obtain a certificate of new occupation as stipulated in §
274-6A, the fees provided in Chapter
109, Fees.
[Amended 3-15-2006 by Ord. No. 2006-8]
A. Any person who violates any provision of or order
promulgated under this chapter or International Property Maintenance
Code 2018 shall, upon conviction thereof, be punishable by one or
more of the following: a fine not exceeding $2,000 or imprisonment
for a period not exceeding 90 days or to a period of community service
not exceeding 90 days at the discretion of the Judge of the Municipal
Court. Any person convicted under this chapter, and subject to a fine
in an amount greater than $1,250, shall be entitled to:
[Amended 2-12-2009 by Ord. No. 2009-7; 11-28-2022 by Ord. No. 2022-42]
(1) Cure or abate the condition within 30 days of conviction;
and
(2) A hearing before any court of competent jurisdiction,
as provided by law.
B. Subsequent to the thirty-day period, a fine greater
than $1,250 may be imposed if a court has not determined otherwise
or, upon reinspection of the property, it is determined that the abatement
has not been substantially completed.