[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope
6-24-1963 as Ord. No. 1963-6. Sections 95-2 and 95-8 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
[Amended 2-22-1965 by Ord.
No. 1965-2; 10-30-1990 by Ord.
No. 1990-22]
The Sanitary Inspector of the Borough of Stanhope, hereinafter referred to as the "sanitarian," be and is hereby designated as the officer to exercise the powers prescribed by the provisions of this chapter, except § 95-9. Section 95-9 shall be enforced by, and the full power and authority therefor be and hereby vested in, the borough's Housing Officer.
[Amended 5-31-1978 by Ord.
No. 1978-9; 8-27-1985 by Ord.
No. 1985-13]
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1 et
seq.), the New Jersey State Housing Code (1980 revision), 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 this
municipality are safe, sanitary and fit for human habitation and rental. Three
copies of the New Jersey State Housing Code (1980 revision) 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.
The officer 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 Stanhope 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 officer
or his agent 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 or rooming unit, or the person
in charge thereof, shall give the officer and his agents 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
chapter or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
Whenever the officer 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 shall give notice
of such alleged violation to the person or persons responsible therefor as
hereinafter provided. Such notice shall be put in writing, include a statement
of the reasons why it is being issued, allow a reasonable time for the performance
of any act it requires and be served upon the owner or his agent or upon 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
chapter and with rules and regulations adopted pursuant thereto.
A.
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 Building Committee of the Borough Council,
provided that such person shall file in the office of the 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 said Building Committee 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 said Building
Committee may postpone the date of the hearing for a reasonable time beyond
such ten-day period if, in their judgment, the petitioner has submitted a
good and sufficient reason for such postponement.
B.
After such hearing, the said Building Committee shall
sustain, modify or withdraw the notice, depending upon their findings as to
whether the provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with. If the said Building Committee sustains
or modifies such notice, it shall be deemed to be an order.
C.
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 officer within 10 days after such notice is served. The proceedings
at such hearing, including the findings and decision of the Building Committee,
shall be summarized, reduced to writing and entered as a matter of public
record in the office of the 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 Building Committee may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of this state.
D.
Whenever the 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 chapter,
such order shall be effective immediately. Any person to whom such order is
directed, shall comply therewith immediately but, upon petition to the officer,
shall be afforded a hearing as soon as possible. After such hearing, depending
upon their findings as to whether the provisions of this chapter and of the
rules and regulations adopted pursuant thereto have been complied with, the
Building Committee shall continue such order in effect or modify or revoke
it.
A.
The 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 chapter; provided, however,
that such rules and regulations shall not be in conflict with the provisions
of this chapter nor in anywise alter, amend or supersede any of the provisions
thereof.
B.
The officer shall file in 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 Stanhope.
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 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.
[Amended 5-31-1978 by Ord.
No. 1978-9; 6-30-1998 by Ord.
No. 1998-8]
Any person violating any provision of this chapter shall, upon conviction,
be punishable by a fine not exceeding $1,000 or imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90 days,
or any combination thereof. Each violation of any of the provisions of this
chapter and each day that such offense shall continue shall be deemed to be
a separate and distinct offense.
[Added 10-31-1989 by Ord.
No. 1989-22]
The Housing Officer is hereby authorized and empowered to exercise such powers as may be necessary to carry out and effectuate the purposes and provisions of § 95-9 and may utilize the services of other authorized personnel to perform inspections relating to matters within their respective jurisdictions.
A.
Resale properties. No existing building or part thereof
shall be occupied by a new owner or new renter until such time as a certificate
of habitability shall have been issued under the terms of this chapter by
the Housing Officer.
(1)
It shall be the obligation of the seller to furnish the
certificate of liability to the purchaser; provided, however, that the proposed
purchaser of any existing building may submit a sworn statement to the Housing
Officer that he waives this provision that requires the seller to provide
him with a certificate of habitability and that said purchaser shall be solely
responsible to secure said certificate of habitability before occupancy of
said building.
(2)
It shall be the obligation of the owner of the building
to furnish the certificate of habitability to the person renting or leasing
the home or building.
(3)
Upon the application for a tax search, the Tax Search
Officer of Stanhope shall notify a prospective real estate purchaser of the
provisions of this chapter, and such notification shall accompany the completed
tax search.
B.
Rental properties. No building or part thereof shall
now or hereafter be leased or rented to any tenant or lessee unless the owner
of said premises shall first have obtained a certificate of habitability from
the Housing Officer. Thereafter, the owner of any such property shall only
be required to secure a new certificate annually. A completed application
for the same must be submitted no later than February 1 of each year.
[Amended 10-30-1990 by Ord.
No. 1990-22]
(1)
An application consisting of all of the following elements
shall be deemed complete:
(a)
A statement on a form supplied by the Housing Officer
containing the following information:
[1]
The block and lot, the address and a description of the
building and part thereof which is to be rented.
[2]
The name, address and telephone number of the owner.
[3]
The name of the person or persons to whom it is being
rented.
[4]
The number of persons to occupy the area being rented.
[5]
The name, address and telephone number of the agent,
if any.
[6]
A preprinted paragraph, initialed by the owner, as follows:
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"I, (name of owner), do hereby certify that any bulk garbage items as defined in Chapter 89 of the Code which have been left at the premises by previous tenants that have not been registered and/or paid for shall become my responsibility. I further certify that any such items shall be properly and legally disposed in accordance with Chapter 89 of the Borough Code and New Jersey statutes."
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(2)
All applications for certificate of habitability that
omit any of the foregoing items shall be deemed incomplete. Any such application
not made complete prior to the February 1 filing deadline shall be deemed
late and subject to a penalty as hereinafter provided.
(3)
Owners of more than one rental property shall file separate
applications for each.
(4)
Owners who file after February 1 of whose applications are otherwise deemed late shall pay a penalty of $5 per month per application that the same is late. Any applicant who files and/or whose application is still incomplete after June 1 may be subjected to a fine or imprisonment as provided in § 95-8 of this chapter.
(5)
The Housing Officer shall conduct inspections for applications
filed on time no later than June 1 of the same year. Inspections for late
applications shall be conducted after all other inspections have been completed,
but no later than four months after receipt thereof.
(6)
Each rental property in violation of this section shall be considered separately relative to § 95-8 of this chapter.
(7)
If the owner of the property resides outside Sussex,
Warren and Morris Counties, he must appoint an agent to act in his behalf
and be responsible for complying with this chapter.
C.
Application requirements and fees. All applications for
certificates of habitability shall be made in writing to the Housing Officer
and shall state or include:
(1)
The name, address and telephone number of the owner.
(2)
A description of the location of the building by street
number, tax lot and block number and other information as will enable the
borough enforcing officials to easily locate same.
(3)
The name and address of an agent, person, firm or corporation,
if any, appointed by said owner for the management of same.
(4)
The name and address of the person or persons to whom
it is being rented or sold.
(5)
The number of persons who will occupy the area being
rented or sold.
D.
As soon as practical, but in no event more than 20 days within the receipt of an application for the issuance of a certificate of habitability pursuant to Subsection A of this section, the Housing Officer or his designee shall cause an inspection to be made of the building. Any applicant for a certificate of habitability under either Subsection B or C of this section who cancels a scheduled inspection shall pay a penalty of $5 for each cancellation thereafter for which he is responsible unless it can be demonstrated to the satisfaction of the Housing Officer that said additional cancellations were due to circumstances beyond the applicant's control.
[Amended 10-30-1990 by Ord.
No. 1990-22]
(1)
The certificate of habitability shall state the Borough
of Stanhope has not inspected any unexposed structural, electrical or plumbing
facilities and said certificate of habitability shall not be deemed approval
of said facilities.
(2)
The Housing Officer may determine that a building or
dwelling unit is unsatisfactory for human habitation, occupancy or use if
he finds that conditions exist in such building or dwelling unit which violate
the provisions of this chapter and/or which are dangerous or injurious to
the health or safety of the occupants of such building or dwelling unit, the
occupants of neighboring buildings or other residents of the Borough of Stanhope;
such conditions may include, without limiting the generality of the foregoing,
defects increasing the hazards of fire, accidents or other calamities, lack
of adequate ventilation, light or sanitary facilities, dilapidation, disrepair,
structural defects and uncleanliness.
E.
Notification of violation or compliance. Upon the discovery
of any violation of the provisions as set forth herein, the Housing Officer
shall forthwith notify the applicant, in writing, specifying the nature of
said violation and advising that said violation must be corrected and that
no certificate of habitability shall be issued until such time as the corrections
are made and approved by the Housing Officer. If no violation is discovered,
then the Housing Officer shall forthwith issue a certificate
of habitability.
