[Adopted 5-1-1991 by Ord.
No. 1991-7]
This chapter shall be known as the "Property
Maintenance Code of the Township of Florence" and may be referred
to in this chapter as the "Property Maintenance Code."
A.
The purpose of this chapter is to:
(1)
Protect the public health, safety and welfare by establishing
minimum standards governing maintenance, appearance, condition and
occupancy of rental units and residential resale properties, commercial
and industrial properties.
(2)
Avoid, prevent and eliminate maintenance or creation
of hazards to the public
(3)
Prevent the creation, continuation, extension or aggravation
of blight.
(4)
Prevent and eliminate physical conditions in or on
property which constitute nuisances and are potentially dangerous
or hazardous to the life, health or safety of persons on or near the
premises where such conditions exist.
(5)
Establish minimum standards governing the maintenance
and condition of land, buildings, structures and premises in the township.
(6)
Fix responsibility and duties upon owners, lessees,
operators and occupants of property.
(7)
Provide enforcement and administration and fix penalties.
B.
All existing dwelling units, commercial and industrial
properties not covered by resale and rental unit inspections will
be included for exterior inspections only.
The following terms, wherever used herein, shall
have the respective meanings assigned them hereunder unless a different
meaning clearly appears from the context:
A building or use that is on the same lot as, subordinate
to, under the same ownership as or control of and used for the purpose
customarily incident to the use of the main structure.
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesperson of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesperson of the State
of New Jersey if such person is designated by the owner as the owner's
agent.
[Added 4-5-2017 by Ord.
No. 2017-05]
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged,
or designated to be occupied for sleeping and dwelling purposes by
one or more persons, including but not limited to the owner thereof
or any of his servants, agents or employees, and shall include all
privileges, services, furnishings, furniture, equipment, facilities
and improvements connected with the use or occupancy thereof, and
which shall include a single-family detached residence designed for
use by one family or household unit for living and sleeping purposes.
[Amended 4-5-2017 by Ord.
No. 2017-05]
Any premises or any part of any premises which may be lawfully
viewed by the public or any member thereof.
Those portions of a building which are exposed to public
view or are visible from adjoining or adjacent lots and the open space
of any premises outside of any building erected thereon.
The control and elimination of insects, rodents and vermin.
An individual or two (2) or more persons related by blood,
marriage or law, living together in a dwelling unit. Servants having
common housekeeping facilities with a family consisting of an individual
or two (2) or more persons related by blood, marriage or law are a
part of the family for this chapter.
The space on the same lot with a principal building situated
between the front street line or lines and the front line of the building
projected to the side property lines. The depth of the front yard
shall be measured along a line perpendicular to the front street line
from the furthest point of the foundation of the structure or building
furthest from such street line.
The legal entity listed upon the title as it appears in the
public records after the deed is properly recorded.
[Added 4-5-2017 by Ord.
No. 2017-05]
The certificate issued by the Construction Code Official
of the Township of Florence or his designee authorizing the certificate
holder to maintain, operate, or otherwise conduct the business of
landlord in the Township of Florence attesting that the rental unit
has been properly registered in accordance with the article.[1]
[Added 4-5-2017 by Ord.
No. 2017-05]
Includes the leasing, rental or other granting of occupancy
for any period of time where title to the residential unit is not
transferred to the actual occupant at the time such occupancy commences.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the township.
An unattractive nuisance or physical condition
which proves detrimental to the health, safety and welfare of the
persons whether in a building, on the premises of a building or upon
an unoccupied lot. This includes, but is not limited to, abandoned
wells, shafts, basements, excavations, abandoned iceboxes, refrigerators,
motor vehicles, any structurally unsound fences or structures, lumber,
trash, fences, debris or vegetation such as poison ivy, oak or sumac,
which may prove a hazard.
Any premises which is manifestly capable of
being a fire hazard or unsecured as to endanger life, limb or property;
Any structure or building that is in a state
of dilapidation, deterioration or decay, faulty construction, overcrowded,
open, vacant or abandoned, damaged by fire to the extent as not to
provide shelter, in danger of collapse or failure and is dangerous
to anyone on or near the premises.
Any person residing, living or sleeping in or on the premises
or having actual possession or use of the premises or any part thereof,
whether or not the owner thereof and regardless of the duration of
time of such possession or use.
Any person, persons or entity who is not the owner who has
charge, care or control of a premises or part thereof, with or without
the knowledge, consent or authority of the owner.
Any person or group of persons, firm, corporation or officer
thereof, partnership, association, or trust which owns, operates,
exercises control over or is in charge of a rental facility.
[Amended 4-5-2017 by Ord.
No. 2017-05]
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein.
[Added 4-5-2017 by Ord.
No. 2017-05]
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
[Added 4-5-2017 by Ord.
No. 2017-05]
A lot, plot or parcel of land, including the buildings or
structures thereon.
Every building, group of buildings or a portion thereof which
is kept, used, maintained, advertised or held out to be a place where
living accommodations are supplied, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments and apartment complexes.
[Added 4-5-2017 by Ord.
No. 2017-05]
An apartment or dwelling unit occupied by any person or persons
other than the owner, regardless of whether there is a written or
oral agreement and regardless of whether the owner receives consideration
for occupancy, and regardless of whether there is a written lease,
sublease or oral understanding.
[Added 4-5-2017 by Ord.
No. 2017-05]
Any building or part thereof, whether furnished or unfurnished,
which is occupied or intended, arranged or designed to be occupied
for sleeping or living purposes by one (1) or more persons, and shall
include all privileges, services, furnishings, furniture, equipment,
facilities and improvements connected with the use or occupancy thereof.
Anything that is built or constructed and affixed on or under
the ground or upon another structure or building.
[Amended 12-17-2008 by Ord. No. 2008-21; 4-5-2017 by Ord. No. 2017-05; 6-25-2019 by Ord. No.
2019-15]
A.
No owner, owner of rental properties, agent of owner, buyer, real
estate agent or broker, firm, company, partnership, corporation or
person or persons shall buy, sell, rent, transfer, grant, lease, let,
mortgage with right of occupancy or otherwise dispose of the ownership
or occupancy thereof, whether or not for a consideration and whether
such disposal of ownership or occupancy is temporary or permanent,
any residential dwelling unit, motel apartment, rental unit or premises
on which a building is located and is used for human occupancy or
commercial purposes unless a continued certificate of occupancy (CCO),
certifying that the building and premises are in compliance with all
ordinances of the Township of Florence, shall first be obtained from
the Construction Code Official or the appropriate official as designated
by the governing body of the Township of Florence and shall only occur
while the subject property is not currently occupied.
[Amended 8-4-2021 by Ord. No. 2021-17]
B.
The Construction Code Official, or the appropriate official as designated
by the governing body of the Township of Florence, shall cause to
be prepared appropriate application forms and certificates to be issued
upon successful completion of inspections for such continued certificate
of occupancy (CCO). Such application forms and information shall be
available at the office of the Construction Code Official.
(1)
In the case of a resale of any residential unit or nonresidential
building, structure, or rental unit and the premises or part of the
premises on which they are situated in the Township of Florence, compliance
with the following standards shall be utilized as a basis for determining
the appropriateness of issuance of a continued certificate of occupancy.
(a)
Smoke detectors: required on all house levels (habitable attic,
second floor, first floor, basement, etc.) and outside of each sleeping
area. The alarms are not required to be interconnected. All detectors
must operate by battery or house current and must be replaced after
10 years due to changes in the State Fire Codes and NFPA 72, National
Fire Protection Association standards. Ten-year sealed battery-powered
single-station smoke alarms shall be installed and shall be listed
in accordance with ANSI/UL 217. However, A/C powered or multiple-station
smoke alarms installed as part of the original construction or rehabilitation
project shall not be replaced with battery-powered smoke alarms.
(b)
Carbon monoxide detectors: required in all buildings that contain
fuel-burning appliances or that have an attached garage. They must
be listed in accordance with UL-2034. At least one detector must be
installed in the immediate vicinity of the bedrooms per NFPA-720,
alarms may be battery operated. Reference: N.J.A.C. 5:70-2.3.
(c)
Kitchen: Stove burners, oven and broiler must operate. Consumer
Product Safety Commission (CPSC) requires gas and electric ranges
to have an anti-tilt bracket installed. Wall oven must operate. Stove
hardware and knobs must be intact and serviceable.
(d)
Fire extinguisher: minimum size of 2A:10B:C (see additional
information in housing application packet).
(e)
Electrical: visual inspection of service cable at entrance to
home to make sure it is solid, secured to the structure and that the
jacket protecting the wiring is not frayed. Existing GFI outlets must
be functioning at the time of the inspection.
(f)
Handrails: required for steps and stairways and must be tightly
fastened and graspable.
(g)
Plumbing: protection of the potable water supply in accordance with the current adopted codes and standards with amendments (i.e., backflow prevention devices installed for irrigation, boilers, cross connections). Water heater must have a pressure relief valve discharge pipe (same diameter) reaching six inches above floor. Hot water temperature at the kitchen sink must be between 120° F. to 140° F. Water meter must be installed in accordance with § 140-42 of the Township Code.
(h)
Roof: If there is any interior visual evidence of active leaks,
a roofing certification from a licensed roofing contractor will be
required.
(i)
Exterior: must be in compliance with the municipal code and
free of maintenance violations. Grass must be mowed; any junk, trash
and debris must be removed. All significant overgrowth must be removed.
(j)
Structure: If there is a visible structural deficiency, then
it must be properly addressed prior to release of CCO.
(k)
Heater certification: Heater certification is required to be
done by a licensed contractor and must be on the specified form (included
in housing application packet). The original heating system certification
form must be submitted. Fax or copies will not be accepted. Florence
Tollgate Condominiums only do not require heater certification. Inactive
oil fill pipes and inactive aboveground or in-basement fuel tanks
are to be removed. NOTE: Boiler systems shall be certified by a licensed
master plumber or licensed HVACR contractor. Hot-air furnace system
shall be certified by a licensed HVACR contractor. The certifications
shall be signed and shall bear a raised professional seal.
(l)
Chimney certification: required for solid-fuel stove or woodburning
fireplaces. Certification to be performed by a qualified chimney sweep
company.
(m)
Work done without permits. If any work has been performed without
permits (when necessary), you will be required to obtain the proper
permits and have all inspections completed before a CCO will be issued,
as per state requirement.
(n)
Other: Any visible life-safety hazards must be addressed before
issuance of CCO.
(o)
"No occupancy" letter request. The Florence Township Housing
Office does not issue a temporary certificate of occupancy. The buyer
can request a "no occupancy" letter if the property is being purchased
"as-is" and occupancy will not occur and is prohibited until the buyer
completes all repairs, renovations, permits and certifications as
may be required and a continued certificate of occupancy is issued.
The housing inspection application form and $60 inspection fee must
be submitted prior to processing a "no occupancy" letter. Also a copy
of the signed contract stating as-is purchase and an original letter
written and signed by the buyer stating they are purchasing the property
as-is and will not occupy until a CCO is issued must be submitted
to the Housing Inspection Office. The buyer is required to sign the
"no occupancy" letter at the Florence Township Housing inspection
Office and a notarized copy will be given to the buyer for the closing
procedure.
(2)
In the case of a rental of any residential unit or nonresidential building, structure, or rental unit and the premises or part of the premises on which they are situated in the Township of Florence, there shall be. inspections and verification of compliance with the entirety of Chapter 116 to include those standards established in § 116-4B(1) of the Township Code. Each time a residential unit, nonresidential building, structure, or rental unit is vacated, an inspection for a continued certificate of occupancy must occur prior to the incoming tenant occupying the property.
[Amended 8-4-2021 by Ord. No. 2021-17]
(3)
Negotiation for repairs prior to selling a property or the issuance of a continued certificate of occupancy (CCO) is at the discretion of the Construction Code Official, or the appropriate official as designated by the governing body of the Township of Florence, with the owner and potential buyer in agreement. Agreements will be in writing and will follow the requirements under § 116-18 of this chapter.
C.
A continued certificate of occupancy (CCO) shall be granted or denied
within 10 business days from the day of the application for same.
In instances where, as a result of initial review of the landlord
registration form, a continued certificate of occupancy (CCO) inspection
is deemed to be required, a landlord registration certificate shall
be issued within three business days following the successful completion
of the CCO inspection.
Every resale of a residential unit and nonresidential
building, structure, rental unit, lot and the premises or part of
the premises on which they are situated in the Township of Florence,
all properties previously or presently used or intended to be used
for dwelling, public, professional or industrial occupancy, commercial,
research, recreational, service, transportation, institutional, religious
or charitable use or uses accessory thereto shall comply with the
provisions of this chapter. Vacant lots, vacant buildings and lands
and premises are also required to comply with the provisions of this
chapter; provided, however, that the provisions of this chapter are
not intended to interfere with the otherwise lawful and permitted
operation (pursuant to state law or township ordinance) of a business
in the zoning district or those which, by virtue of application of
the New Jersey Land Use Act, N.J.S.A. 40:55D-1 et seq., may continue.
In any case where the provisions of this chapter
impose a higher standard than those set forth in any other ordinance
or regulation of the Township of Florence or under the laws or regulations
of the State of New Jersey or its agencies, then the standards as
set forth herein shall prevail, but if the provisions of this chapter
impose a lower standard than any other ordinance or regulation of
the Township of Florence or of the laws and regulations of the State
of New Jersey or any of its agencies, then the higher standard contained
in such other ordinances, regulation or law shall prevail.
Compliance with this chapter shall not constitute
a defense against any violation of any other ordinance of the Township
of Florence applicable to any structure or premises.
Owners, operators and occupants shall have all
the duties and responsibilities as prescribed in this chapter, and
no owner, operator or occupant shall be relieved of any such duty,
obligation or responsibility hereunder and shall not be entitled to
assert as a defense against any charge made against them for violation
of this chapter for the fact that another owner, operator or occupant
or any third person or entity is also responsible and in violation
thereof.
Any alterations to buildings, structures or appurtenances thereto or changes of use therein which may be caused directly or indirectly by the enforcement of this chapter shall be done in accordance with all applicable sections and regulations of Chapter 64, Construction Codes, Uniform, of the Code of the Township of Florence.
Nothing contained in this chapter or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of Chapter 91, Land Development, or other ordinances regulating the use of land in the Township of Florence.
[Amended 4-5-2017 by Ord.
No. 2017-05]
A.
It shall be the duty and responsibility of the owner, operator, or
occupant of the premises to comply with any and all of the requirements
and standards hereof, to keep the premises free of conditions which
constitute violations hereof and to promptly remove, prevent, and/or
abate such conditions and violations.
B.
Nuisance prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or of the public in
general, such that it shall constitute a nuisance as defined in the
ordinances of the Township.
C.
Compliance with other laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Township and with all applicable
state and federal laws.
D.
All dwelling units shall be maintained in accordance with the Uniform
Construction Code and the current Township Property Maintenance Code.
Dwellings or multifamily dwellings shall be
condemned as dangerous structures or unsafe for human habitation as
herein provided:
A.
Dangerous structures. If all or part of any building
or structure (including signs) or the equipment for the operation
thereof (including, among others, the heating system, plumbing, electric
wiring, moving stairway and fire extinguishing apparatus) shall be
found, in the opinion of the Construction Code Official, or the appropriate
official as designated by the governing body, to be in an unsafe condition
or dangerous to life, limb or property, he shall proceed to have the
same condemned pursuant to the application provisions of the law pertaining
to unsafe structures.
B.
Structures unfit for human occupancy.
(1)
Whenever the Construction Code Official, or the appropriate
official as designated by the governing body, finds that any dwelling
constitutes a hazard to the safety, health or welfare of the occupants
or to the public because it lacks maintenance; or is in disrepair,
unsanitary, vermin infested or rodent infested; or because it lacks
sanitary facilities or equipment or otherwise fails to comply with
the minimum provisions of this chapter, but has not yet reached such
state of complete disrepair as to be condemned as a dangerous structure
as hereinbefore provided, he may declare such dwelling, multifamily
dwelling or rental unit as unfit for human occupancy.
(2)
If any dwelling, rental unit or multifamily dwelling
or any part thereof is occupied by more occupants than permitted under
this chapter or was erected, altered or occupied contrary to law,
such dwelling, rental unit or multifamily dwelling shall be deemed
an unlawful structure and the Construction Code Official, or the appropriate
official as designated by the governing body, may cause such dwelling
to be vacated. It shall be unlawful to again occupy such dwelling
until it or its occupants, as the case may be, has conformed to the
law.
C.
Vacant buildings. Where for any reason a building
remains vacant or untended for a period of one hundred twenty (120)
days, or other than for sale, it shall be the duty of the owner to
close all windows, doors and other openings with plywood or by other
suitable means so that access to the building is prevented. It shall
be unlawful for the owner of any such dwelling to cause or permit
same to be used in whole or in part for living purposes until the
structure has been rehabilitated in accordance with the provisions
of this chapter and a continued certificate of occupancy (CCO) has
been issued by the Construction Code Official, or the appropriate
official as designated by the governing body. Whenever a structure
deemed unfit for human habitation or dangerous to life and health
remains vacant for a period of one (1) year, enforcement proceedings
shall be instituted against the owner. The owner or contractor shall
not enter vacant buildings without written authorization from the
Construction Code Official or the appropriate official as designated
by the governing body. Entrance to said building shall be daily from
the hours of 8:00 a.m. to 5:00 p.m. Eastern standard time and 8:00
a.m. to 8:00 p.m. daylight saving time.
D.
Posting of notice. Any dwelling or multifamily dwelling
declared as unfit for human habitation shall be posted with a placard
by the Construction Code Official or the appropriate official as designated
by the governing body. The placard shall include the following:
(1)
Name of the Township.
[Amended 12-1-1993 by Ord. No. 1993-32]
(2)
The name of the authorized department having jurisdiction.
(3)
The chapter and section of the Code under which it
is issued.
(4)
An order that the dwelling or multifamily dwelling
when vacated must remain vacant until the provisions of the order
are complied with and the order to vacate is withdrawn.
(5)
The date the placard is posted.
(6)
A statement of the penalty for defacing or removal
of the placard.
(7)
The phone number for the Construction Code Official.
E.
Form of notice to owner. Whenever the Construction
Code Official, or the appropriate official as designated by the governing
body, has declared a dwelling or multifamily dwelling as unfit or
human habitation, he shall give notice to the owner of such declaration
and placarding of the dwelling or multifamily dwelling as unfit for
human habitation. Such notice shall:
F.
Service of notice on owner. Service of notice to vacate
shall be as follows:
(1)
By delivery to the owner personally or by leaving
the notice at the usual place of residence of the owner with a competent
member of his household of the age of fourteen (14) years or older
then residing therein.
(2)
By certified or registered mail addressed to the owner,
at his last known address with postage prepaid thereon, or his agent.
(3)
By posting and keeping posted for twenty-four (24)
hours a copy of the notice in placard form in a conspicuous place
on the premises.
G.
Removal of placard or notice. No person shall deface
or remove the placard from any rental unit and residential unit which
has been declared as unfit for human habitation except by authority,
in writing, from the Construction Code Official or the appropriate
official as designated by the governing body.
H.
Occupancy of building. No rental unit or residential
resale unit which has been declared as unfit for human habitation
shall be used for human habitation until written approval is secured
from the Construction Code Official or the appropriate official as
designated by the governing body. The Construction Code Official,
or the appropriate official as designated by the governing body, shall
remove such placard whenever the defect or defects upon which the
declaration and placarding action were based have been eliminated
and the proper continued certificate of occupancy (CCO) obtained from
the Construction Code Official or the appropriate official as designated
by the governing body.
A.
Exterior maintenance inspections shall be made by
a formal written complaint by a resident of that particular area of
concern only. All complaints shall be kept anonymous, either by tenant
complaints or landlord complaints. The written complaint shall be
waived for unsafe conditions only.
B.
The following conditions for maintenance of the exterior
property shall be the minimum conditions, and no person or entity
shall occupy as an owner-occupant or rent to another for occupancy
or use premises which do not comply with the following:
(1)
The exterior of the premises, the exterior of the
structures and the condition of accessory structures shall be maintained
so that the appearance of the premises and all buildings thereon shall
reflect a good level of maintenance and in good repair keeping with
the standards of that particular area and such that the appearance
of the premises and structures shall not constitute a depressing factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the particular area with the accompanying
diminution of property values.
(2)
All structures and premises or vacant land shall be
maintained in a clean, safe, secure and sanitary condition, as provided
herein, so as not to cause a blighting problem or adversely affect
the public health and safety.
(3)
All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of garbage, refuse or rubbish (as per Chapter 122, Solid Waste, of the Township Code.)
(4)
Operators and occupants of every residential, commercial and industrial establishment shall provide and at all times cause to be used leakproof containers with close-fitting covers for the storage of garbage, refuse or rubbish (as per Chapter 122, Solid Waste, of the Township Code.)
(5)
All premises shall be graded and maintained so as
to prevent the accumulation of stagnant water thereon or within any
structures located on the premises.
(6)
Commercial and industrial areas shall have all driveways,
parking areas and loading areas paved with concrete or bituminous
concrete or equivalent surfacing and shall be free of dirt and other
litter and in good repair. Pavement which is severely cracked with
a deteriorated surface, frost-heaved or with potholes shall be repaired.
(7)
All traffic flow and control signs and structures
shall be maintained in a functional condition. Directional and parking
bay stripes shall be readable and control guardrails and fencing replaced
when broken or severely damaged.
(8)
Extermination of the exterior of a structure or property
shall be undertaken whenever infestation exists on the premises, whether
infestation is exterior or interior.
(9)
All sidewalks, steps, driveways and similar paved
areas for public use shall be kept in good repair, and deteriorated,
uprooted, cracked or dilapidated sidewalks shall be repaired by the
owner prior to sale or rental.
(10)
All areas shall be kept free from weeds or plant growth which are noxious, dangerous or detrimental to the public health and safety. The landscaping or premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating any adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations or debris or other unsightly or unsafe conditions (as per Chapter 122, Solid Waste, of the Township Code).
(11)
All accessory structures, including detached
garages, fences and walls, shall be maintained structurally sound.
(12)
The exterior of all premises shall be kept free
of the following materials and conditions:
(a)
Abandoned, uncovered or structurally unsound
wells, shafts, towers, cellar openings, basement hatchways, foundations
or excavations.
(b)
Animal excrement.
(c)
Hidden or uncovered ground or surface hazards
such as holes, sudden depressions, sharp or jagged projections or
obstructions.
(d)
Dangerously loose and overhanging objects, including
but not limited to dead trees or tree limbs, accumulations of ice
or any object, natural or made-made, which could threaten the health
and safety or persons if caused to fall, or other similar dangerous
loose and overhanging objects which, by reason of their location above
the ground level, constitute actual hazard to persons or vehicles
in the vicinity thereof.
(13)
Exterior structures shall be maintained structurally
sound and sanitary so as not to pose a threat to the health and safety
of the occupants and so as to protect the occupants from the environment,
including but not limited to:
(a)
All supporting structural members of all structures
shall be kept structurally sound, free of deterioration and maintained
capable of safely bearing the safety loads imposed upon them.
(b)
Every foundation, exterior walls, roofs and
other exterior surfaces shall be maintained in a workmanlike state
of maintenance and repair and shall be kept in such condition as to
exclude rats.
(c)
All foundation walls shall be maintained so
as to carry the safe design and operating safety loads and shall be
maintained plumb and free from open cracks and breaks, so as not to
be detrimental to public safety and welfare.
(d)
Every exterior wall shall be free of holes,
breaks, loose or rotting boards or timbers and any other condition
which might admit rain or dampness to the interior portions of the
walls or to the occupied spaces of the building. All exterior surface
materials, including wood, composition or metal siding, shall be maintained
weatherproof and shall be properly surface-coated when required to
prevent deterioration.
(e)
Roofs, gutters and downspouts shall be structurally
sound and tight and shall not have defects which might admit rain,
and roof drainage shall be adequate to prevent rainwater from causing
dampness in the walls or interior portions of the building.
(f)
Chimneys and all flue and vent attachments thereto
shall be maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed. Chimneys, flues, gas vents or other draft-producing equipment
shall be structurally safe, durable, smoketight and capable of withstanding
the action of flue gases.
(g)
Every stair, porch, balcony, railing and all
appurtenances attached thereto shall be so constructed as to be safe
to use and capable of supporting the loads to which it is subjected
and shall be kept in sound condition and good repair. All stairs and
handrails shall conform to Uniform Construction Code standards.
(h)
There shall be no structurally unsound, loose,
dangerous, crumbling, missing, broken, rotten or unsafe exterior portions
of building or structures, including but not limited to porches, landings,
balconies, stairways, handrails, steps, walls, overhangs, roofs, fences,
supporting members, timber abutments, cupolas, fire escapes, signs
or loose, crumbling or falling bricks, stones, mortar or plaster.
(i)
There shall be no broken glass or windows, rotted,
missing or substantially destroyed window frames or sashes, door frames,
exterior doors or other major exterior component parts of buildings
or structures.
(j)
Windows, doors and hatchways. Every window,
exterior door and basement hatchway shall be substantially tight and
shall be kept in sound condition and repair. Every window sash shall
be fully supplied with glass window panes or an approved substitute
which are without open cracks or holes. Every window sash shall be
in good condition and fit reasonable tight within its frame. Every
window, other than a fixed window, shall be capable of being easily
opened and shall be held in position by window hardware. Every exterior
door, door hinge and door latch shall be maintained in good condition.
Every exterior door, when closed, shall fit reasonably well within
its frame. Every window, door and frame shall be constructed and maintained
in such relation to the adjacent wall construction so as to exclude
rain as completely as possible and to substantially exclude wind from
entering the dwelling or multifamily dwelling. Every basement hatchway
shall be constructed and maintained as to prevent the entrance of
rodents, rain and surface drainage water into the dwelling or multifamily
dwelling. Every door available as an exit shall be capable of being
opened from the inside easily and without the use of a key. Guards
and screens shall be supplied for protection against rodents and insects
in accordance with the following requirements. Every basement or cellar
window which is openable shall be supplied with corrosion-resistive
rodent-proof shields, wire mesh screens or storm windows or with other
materials affording equivalent protection against entry of rodents.
From June 1 to October 15 of each year, every door opening directly
from any dwelling or multifamily dwelling to the outdoors, and every
window or other outside opening used for ventilation purposes, shall
be supplied with a screen and every swinging screen door shall have
a self-closing devise in good working condition; except that no such
screen shall be required for a dwelling unit on a floor above the
fifth floor.
A.
Required space in dwelling units. Every dwelling unit
shall contain a minimum gross floor area of not less than one hundred
fifty (150) square feet for the first occupant and one hundred (100)
square feet for each additional occupant. The floor area shall be
calculated on the basis of the total area of habitable rooms.
B.
Required space in sleeping rooms. In every dwelling
unit of two (2) or more rooms, every room occupied for sleeping purposes
of one (1) occupant shall contain at least seventy (70) square feet
of floor space and every room occupied for sleeping purposes of more
than one (1) occupant shall contain at least fifty (50) square feet
of floor space for each additional occupant thereof.
C.
Electrical outlets required. Every habitable room
of such dwelling shall contain at least two (2) separate wall-type
electric convenience outlets, or one (1) such convenience outlet and
one (1) supplied ceiling-type light fixture. One (1) ground-fault
interrupter outlet may be installed in lieu of two (2) outlets. Every
such outlet and fixture shall be properly installed, shall be maintained
in good and safe working condition and shall be connected to the source
of electric power in a safe manner.
(1)
The electrical system in existing structures must
be brought up to this standard when rented or sold.
(2)
Minimum house service shall be one-hundred-ampere
120/240-volt electric service with breaker system.
(3)
Smoke detectors shall be installed outside of each
separate sleeping area in the immediate vicinity of the bedrooms and
on each additional story of the dwelling, including basements and
cellars. All detectors shall be connected to a sounding device or
other detectors to provide, when activated, an alarm which will be
audible in all sleeping areas. All detectors shall be approved and
listed and shall be installed in accordance with the manufacturer's
instructions. All smoke detectors may be battery operated in existing
buildings.
(4)
Sump pumps shall be grounded in accordance with the
New Jersey Electrical Code. All pumps shall be inspected for proper
use.
D.
All ceiling walls and woodwork shall be sound and
free of loose paint or wall covering.
E.
All floors shall be sound and painted or covered with
an approved floor covering.
F.
All stairs and hand railings shall be in sound condition.
G.
All operable windows shall open easily and stay in
an open position without the help of a prop.
H.
All doors shall open and close easily. Bathroom and
bedroom doors shall stay closed when in the closed position by an
approved latch.
I.
All sinks, showers and tubs shall have hot and cold
water and all shall drain properly.
J.
All water closets shall flush properly and shall be
free of leaks.
K.
All hot-water heaters shall be in sound condition
and free of leaks.
L.
All water and sewer lines shall be in sound condition
and free of leaks.
M.
Heating systems shall be in a sound and working condition
and shall be properly vented. Inspection and certification of the
heating system shall be made by the seller or negotiated with the
buyer.
A.
Every person who rents to another for occupancy, after
adoption of this chapter, any residential rental units shall register
the unit with the Township Construction Code Official, who shall maintain
a registry thereof. The registration, on forms provided by the Township
Construction Code Official or the appropriate official as designated
by the governing body, shall include the following information:
B.
Rental properties shall be required to have regular
inspections annually. The registration shall be renewed with each
change of occupancy. When the owner shall no longer rent the premises
to another for occupancy, the owner shall notify the Construction
Code Official, or the appropriate official as designated by the governing
body, in writing, of such fact. Upon a conveyance of ownership of
the residential rental unit, the new owner shall, within ten (10)
days after settlement, notify the Construction Code Official, or the
appropriate official as designated by the governing body, in writing,
of the change in ownership.
C.
No residential rental unit which is subject to the
provisions of N.J.S.A. 55:13A-1 et seq. (Hotel and Multiple Dwelling
Law) shall be subject to the provisions of this section.
D.
Any person who violates the provisions of this section
by letting to another for occupancy any residential rental unit without
first having obtained a certificate of inspection or failing to register
shall, upon conviction hereof, be subject to a penalty as provided
in this chapter. Each day over ten (10) that such condition shall
exist shall be deemed a separate violation of the terms of this section
and is retroactive from the tenth day of occupancy.
E.
Access for inspections and repairs.
[Amended 4-5-2017 by Ord.
No. 2017-05]
(1)
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming houses or boardinghouses in order that they may promote the
purposes of this article to safeguard the health, safety and welfare
of the occupants of rental facilities, rental units and rooming houses/boardinghouses
and of the general public. For the purpose of making such inspections,
the inspecting officers shall be vested with the authority set forth
in this article. The owner or occupant of every rental facility, rental
unit and rooming house or boardinghouse shall give the inspecting
officer free access to the rental facility, rental unit and rooming
house or boardinghouse at all reasonable times for the purpose of
such inspections, examinations and surveys.
(2)
Every occupant shall give the owner of the rental facility, rental
unit and rooming house or boardinghouse access to any part of such
rental facility, rental unit and rooming house or boardinghouse 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 any lawful order issued pursuant thereto.
Where, in lieu of an inspection, an owner, operator,
occupant, lessee, prospective purchaser, mortgagee or prospective
occupant requests a status report as to whether or not there are any
known violations presently pending on the said premises, a copy of
any notice or order of any violation shall be sent to the applicant.
Status reports under this chapter shall not
be construed as providing a defense against any violation of this
chapter or any other ordinance of the Township which may be discovered
thereafter whether or not the condition or violation existed at the
time of any such status report. The status report is provided as a
convenience to the public and shall not constitute a limitation on
the full enforcement of this chapter. The status report shall include
only such matters as are embraced in this chapter.
A.
The provisions of this chapter shall be enforced by
the Construction Code Official, or the appropriate official as designated
by the governing body, with the assistance of the Chief of Police,
Fire Official and Health Official as the Construction Code Official
shall determine.
B.
Whenever the enforcement officer determines that there
is or has been a violation of any provision of this chapter, he shall
give notice of such violation to the person, persons or entities responsible
therefor under this chapter. Such notice shall be in writing and shall
include a concise statement of the reasons for its issuance. Service
of the notice shall be deemed sufficient if sent by certified mail,
return receipt requested, to the last known address of the person
or entity as shown by the most recent tax lists of the municipality,
or personal service, or a copy thereof being left at the usual place
of abode or office of such person or entity. Such notice may be served
either within or outside the municipality. The notice shall direct
that the violation be removed, abated, cured, prevented or desisted
within forty-five (45) days of the date of service of the notice,
exclusive of the date of service, or summons will issue for such violation.
The enforcement officer may extend the time for compliance with the
notice for up to one (1) year, provided that, in his judgment, the
abatement, removal, prevention, cessation or cure of the condition
violated cannot reasonably be effected within the forty-five-day period;
and in such cases, the enforcement officer shall state such reasonably
required period, not exceeding one (1) year, which shall then be applicable
instead of the aforesaid forty-five (45) days. In the event that the
violation is not abated, removed, cured, prevented or desisted from
or otherwise fully remedied within the forty-five-day period or extended
period as set forth in the notice, a summons shall then be issued
against the person, persons, entity or entities so notified. The owner
will not be permitted to sell or rent until repairs are completed
or a written negotiation has been accepted by the Construction Code
Official, or the appropriate official as designated by the governing
body, regarding completion of repairs.
C.
Emergency conditions which are violations of this chapter requiring immediate attention to protect the public health and safety shall be the subject of an order and notice prepared and served as set forth in Subsection B above, which shall state the nature of the emergency and shall order immediate remediation. If a person or entity to whom such notice for immediate remediation files an objection immediately, in writing, to such a notice, such person or entity shall be afforded a hearing within forty-eight (48) hours and decision by the Construction Code Official, or the appropriate official as designated by the governing body, as to the existence or nonexistence of the emergency condition. The Construction Code Official or the appropriate official as designated by the governing body may continue such order in effect or modify or withdraw it, subject to the issuance of a summons for violation thereof, if such order is continued.
[Amended 12-1-1993 by Ord. No. 1993-32]
Any person or entity who shall violate any provision
of this chapter or any order promulgated hereunder shall, after a
summons issues under the terms hereof, upon conviction, be punished
by a fine not to exceed one thousand dollars ($1,000.) or to imprisonment
for a period not exceeding ninety (90) days or to a period of community
service not exceeding ninety (90) days, or any combination thereof.
Each violation of any of the provisions of this chapter and each day
that each such violation shall continue shall be deemed to be a separate
and distinct offense.
Inspection of premises and the issuing of orders
in connection therewith under the provisions of this chapter shall
be the exclusive responsibility of the Construction Code Official
in the Township of Florence, County of Burlington. Wherever, in the
opinion of the Construction Code Official, it is necessary or desirable
to have inspections of any condition by any other department, he shall
arrange for this to be done in such manner that the owners or occupants
of buildings shall not be subjected to visits by numerous inspectors
nor to multiple or conflicting orders. No order for correction of
any violation under this chapter shall be issued without the approval
of the Construction Code Official, or the appropriate official as
designated by the governing body, and it shall be the responsibility
of that official, before issuing any such order, to determine that
it has the concurrence of any department or officer of the government
concerned with any matter involved on the case in question.
Except as may otherwise be provided by statute
or local law or ordinance, no officer, agent or employee of the Township
of Florence in the County of Burlington charged with the enforcement
of this chapter shall render himself personally liable for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this chapter. No
person who institutes or assists in the prosecution of a criminal
proceeding under this chapter shall be liable to damages hereunder
unless he acted with actual malice and without reasonable grounds
for believing that the person accused or prosecuted was guilty of
an unlawful act or omission. Any suit brought against any officer,
agent or employee of the Township of Florence in the County of Burlington,
as a result of any act required or permitted in the discharge of his
duties under this chapter, shall be defended by the legal representatives
of the Township of Florence in the County of Burlington until the
final determination of the proceedings therein.
[Added 10-17-2001 by Ord. No. 2001-25]
In accordance with the authority granted under
the provisions of N.J.S.A. 40:48-2.26, the owner of any property,
and the tenant of the property if the property is not occupied by
the owner, shall maintain the property so that no wall or fence and
no brush, hedge, or other plant life growing within 10 feet of any
roadway and within 25 feet of any intersection of two roadways shall
be cut to a height of not more than 2 1/2 feet where it shall
be necessary and expedient, as determined by the Chief of Police,
for the preservation of the public safety. The owner or tenant shall
cut the brush, hedge or plant life within 10 days after notice to
cut the same and, if the owner or tenant shall refuse, fail or neglect
to cut the same within the 10 days, then the Chief of Police shall
arrange to have the brush, hedge or plant life cut under by or under
the direction of the Township with the costs to be assessed back to
the owner or tenant of the property. The costs of cutting shall be
in addition to any penalty which may be imposed for the violation
of this provision.
[Added 1-18-2006 by Ord. No. 2005-31]
A.
Whenever any property has been the subject of site
plan review and approval, that property shall be maintained in accordance
with the approved site plan. All parking areas shall be maintained
with clearly visible striping for parking areas, handicapped parking
spaces, and fire zones. All pavement, curbing and sidewalks shall
be maintained free of broken and uneven surfaces. The property owner
shall be responsible for making all necessary repairs. All landscaping
shall be maintained in accordance with the approved plan. The property
owner shall replace any shrubbery or trees that die within the next
planting season with shrubs or trees of a size comparable to the shrub
or tree that is being replaced.
B.
Penalty. Any failure to maintain the property in accordance
with the approved site plan shall subject the property owner to a
fine not to exceed $1,000 for each violation. On a repeat violation
occurring within 18 months of a conviction, the penalty shall be not
less than $250 for each violation.
