Borough of Glassboro, NJ Housing Standards

Pursuant to the provisions of N.J.S.A. 40:49-5.1, the most current revision of the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in the Borough of Glassboro are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey Housing Code is annexed to this article, and three copies of same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.

§ 285-3 Enforcement; right of entry.

The Construction Officer of the Borough of Glassboro is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Glassboro 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 Construction Officer 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 Construction 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.

§ 285-4 Notice of violations; hearing.

Whenever the Construction Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing; shall include a statement of the reasons why it is being issued; shall allow a reasonable time for the performance of any act it requires; and shall be served upon the owner or his 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 personally, or if a copy thereof is sent by registered mail to his 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 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 article and with rules and regulations adopted pursuant thereto.

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Construction Officer, provided that such person shall file in the office of the Construction Officer 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 Officer 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 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 Officer may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.

After such hearing, the Construction Officer shall sustain, modify or withdraw the notice, 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. If the Construction Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Construction Officer within 10 days after such notice is served.

The proceedings at such hearing, including the findings and decision of the Construction Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Construction Officer. Such record shall also include a copy of every notice or order issued in connection with the matter.

Any person aggrieved by the decision of the Construction Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State of New Jersey.

§ 285-5 Emergencies.

Whenever the Construction 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 Construction Officer 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 Construction Officer shall continue such order in effect or modify it or revoke it.

§ 285-6 Promulgation of additional rules and regulations.

The Construction Officer is hereby authorized and empowered to make and adopt 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 in anywise alter, amend or supersede any of the provisions thereof. The Construction Officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the Borough of Glassboro.

§ 285-7 Owners of dwellings to comply.

[Amended 5-27-2003 by Ord. No. 03-14]

No person shall keep, maintain, occupy as owner-occupant, rent to another for occupancy or otherwise allow occupancy of any dwelling or dwelling unit which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.

§ 285-8 Inspection and issuance of continued certification of occupancy or transfer of title upon sale of premises.

[Amended 12-27-1988 by Ord. No. 88-23; 5-10-1994 by Ord. No. 94-12; 8-22-2000 by Ord. No. 00-23; 2-25-2003 by Ord. No. 03-02; 9-2-2004 by Ord. No. 04-32; 12-27-2005 by Ord. No. 05-47; 11-25-2014 by Ord. No. 14-33]

No person shall convey title to any residential property in the Borough of Glassboro consisting of one or more dwelling units without first obtaining a continued certification of occupancy in the manner herein provided, certifying that said premises conforms to the provisions of the New Jersey State Housing Code established hereby.

Issuance of certificates.

(1)

Prior to conveying title to any premises described in the preceding subsection, an owner shall apply to the Housing Official for such continued certification of occupancy. The Housing Official or his representative shall inspect the premises within 10 days of said application and, upon determining that all provisions of this code have been complied with, shall issue a continued certification of occupancy permitting occupancy of said premises. Such continued certification of occupancy shall indicate that compliance has been met. If, upon inspection, the dwelling unit is found to be not in compliance, the Housing Official or his representative shall notify the owner in writing of such noncompliance, specifically setting out those violations requiring correction. Upon correction of the violation(s), the owner shall notify the Housing Official, who shall within five days reinspect the required correction(s). This procedure shall be followed until all violations have been corrected, at which time a continued certification of occupancy shall issue as above provided. Such continued certification of occupancy shall be valid for a period of 90 days from the date of its issuance, after which ninety-day period it shall expire. Such expiration date shall be stated on the certificate.

(2)

Notwithstanding the provisions of Subsection B(1) of this section, an owner conveying title to any residential premises to a contract purchaser who intends and does utilize the premises for a residential use may make application for a certificate known as a "certificate of transfer of title," where substantial renovations to the residential premises are to be made upon conveyance of the premises. The application shall be signed by both the owner and the contract purchaser and shall have a copy of the contract for sale attached thereto. The application for the issuance of a certificate of transfer of title shall be made not later than 20 days prior to the intended settlement date as set forth in the contract of sale. The Housing Official or his representatives shall inspect the premises with the owner and contract purchaser within 10 days of said application and, upon determining that substantial renovations to the premises are intended to be made by the contract purchaser, shall issue a certificate of transfer of title permitting the transfer of ownership of the property. Such certificate of transfer of title shall be valid for a period of 90 days from the date of when settlement takes place on the property between the owner and contract purchaser. The purchaser/owner of the premises may apply to extend the ninety-day period to complete the renovations, but such application shall be filed prior to the expiration of the initial ninety-day period. The Housing Official may grant the extension, in his/her sole discretion, for a period up to but not greater than 90 days.

(3)

Upon notification of the Housing Official by the owner/purchaser that renovations have been completed, the Housing Official or representative shall inspect the premises within 10 days. The Housing Official shall then take appropriate action for the issuance of a continued certification of occupancy in accordance with Subsection B(1) of this section.

The owner making application for a continued certification of occupancy (CCO) shall be charged a fee of $100 per unit, and an owner making application for a transfer of title shall be charged a fee of $125 per unit for the initial inspection, which fee includes two reinspections per unit. Such owner shall be charged an additional fee of $35 for each additional reinspection of the unit or an additional fee of $35 for an extension of time for completion of renovations to the unit.

Certification expiration. Transfers of title are valid for 90 days. Transfers may be extended at the discretion of the Housing Official for an additional 30 days. In the event that a transfer of title expires without benefit of an extension, the owner/applicant is subject to violations and penalties as set forth in § 285-9.

§ 285-9 Violations and penalties.

[Amended 5-27-2003 by Ord. No. 03-14; 8-28-2018 by Ord. No. 18-37]

Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $1,000, community service, or by imprisonment in the county jail for a period not to exceed 90 days, or by any combination of such fine, community service and imprisonment as the court may determine. Each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

Article II Multiple-Dwelling Unit Inspections

[Adopted 8-25-2009 by Ord. No. 09-37]

§ 285-10 Title.

This article shall be known as the "Multiple-Dwelling Unit Inspection Law."

§ 285-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:

MULTIPLE-DWELLING UNIT

Any habitable unit on a property containing six or more units with facilities which are used or intended to be used for living or sleeping and which is provided with facilities for cooking and heating.

§ 285-12 Inspection requirement.

[Amended 7-22-2014 by Ord. No. 14-16]

All multiple-dwelling units within the Borough of Glassboro will be required to be inspected and approved prior to occupancy or upon any change of occupancy. In addition, an annual firesafety inspection shall be completed in the event there is no change in occupancy during that year.

§ 285-13 Application.

An owner or manager of a multiple-dwelling unit shall apply to the Glassboro Health and Housing Department for an initial inspection a minimum of 10 days prior to the requested date of inspection. If a reinspection is required, the owner shall contact the Department a minimum of five days prior to the requested date of reinspection.

§ 285-14 Fees.

A fee of $75 shall be due upon application for an inspection. The fee shall include one reinspection. If subsequent reinspections are required the fee shall be $35 per reinspection.

§ 285-15 Standards of performance.

All multiple-dwelling units must meet the requirements of the Glassboro Property Maintenance Code[1] and the New Jersey State Housing Code[2] as adopted.

[1]

Editor's Note: See Ch. 366, Property Maintenance.

[2]

Editor's Note: See also Article I of this chapter.

§ 285-16 Notice.

If any deficiencies of the applicable ordinances are noted during an inspection or reinspection, the Department shall issue a written notice to the owner indicating the deficiencies. Such notice shall be provided to the applicant within two business days.

§ 285-17 Approval.

Once it is determined that a multiple-dwelling unit meets the requirements of this article, written approval shall be submitted to the applicant.

§ 285-18 Violations and penalties.

[Amended 8-28-2018 by Ord. No. 18-37; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine of not more than $2,000 for each violation, community service of up to 90 days, or by imprisonment in the county jail for a period not to exceed 90 days, or by any combination of such fine, community service and imprisonment as the court may determine. Each day that a violation continues after due notice has been served shall be deemed a separate offense.