[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. Amendments noted
where applicable.]
[Amended 3-12-2009 by Ord. No. 2009-04; 6-14-2018 by Ord. No. 2018-09]
All buildings, structures and units thereof that are leased
or rented, regardless of term, in the Township of Little Egg Harbor,
for living or sleeping purposes, commercial or business purposes,
or any other purpose shall be inspected by the Zoning Officer or his/her
designee on every initial occupancy or change of occupancy, but there
shall not be more than one such inspection fee of each leased or rented
building, structure or units thereof in any calendar year.
All buildings, structures and units thereof
which are inspected pursuant to this article shall comply in all respects
with the requirements of Township ordinances and the applicable provisions
of the New Jersey Uniform Construction Code, the provisions of N.J.S.A.
55:13A-1 et seq., the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13B-1
et seq., the Rooming and Boarding House Act of 1979, and the rules
and regulations promulgated thereunder.
[Amended 6-14-2018 by Ord. No. 2018-09]
The owner, rental agent or manager of all buildings and structures
and units thereof which are subject to inspection pursuant to this
article shall be responsible for notifying, in writing, the Zoning
Officer or his/her designee that such premises are leased or rented
or being offered to be leased or rented so that an inspection or reinspection
may be made.
[Amended 6-14-2018 by Ord. No. 2018-09]
Upon completion of an inspection of the premises and the same
being determined by the Zoning Officer or his/her designee to comply
with this article, a rental certificate of occupancy shall be issued.
A copy of the certificate shall be posted by the owner, rental agent
or manager of the inspected property in each separate leased or rented
unit. No tenant shall occupy any building, structure or any units
thereof until a rental certificate of occupancy has been issued.
[Amended 6-14-2018 by Ord. No. 2018-09]
In the event that the Zoning Officer or his/her designee determines
after an inspection that the premises in question are in violation
of this article, the Zoning Officer or his/her designee shall notify,
in writing, the owner, rental agent or manager of the violations noted.
Upon the correction of the violations, the owner, rental agent or
manager shall notify, in writing, the Zoning Officer or his/her designee
that the corrections have been made so that a reinspection of the
property may occur. If, upon reinspection of the property, the Zoning
Officer or his/her designee determines that the previous violations
were not corrected or new violations exist, then the Zoning Officer
or his/her designee shall again, in writing, notify the owner, rental
agent or manager of the inspected property of the violations, and
this process shall continue until all violations have been corrected.
Service shall be deemed to be properly served
upon such owner if a copy thereof is delivered to the owner, rental
agent, or manager personally; or by leaving the notice at the usual
place of abode, in the presence of someone in the family of suitable
age and discretion who shall be informed of the contents thereof;
or by certified or registered mail addressed to the owner at the last
known address with return receipt requested; or, if the certified
or registered letter is returned with receipt showing that it has
not been delivered, by posting a copy thereof in a conspicuous place
in or about the structure affected by such notice; and there shall
be at least one publication of such notice in a local newspaper of
general circulation.
[Amended 6-14-2018 by Ord. No. 2018-09]
If, subsequent to the issuance of a rental certificate of occupancy,
the Zoning Officer or his/her designee learns or becomes aware of
violations of this article, an inspection shall be made of the subject
premises. If violations are found to exist, then notification in writing
shall be given to the owner, rental agent or manager, and said person
shall have 10 days from service of notice to correct all deficiencies
noted therein. In the event that the same have not been corrected
within 10 days, then the rental certificate of occupancy may be revoked
by the Zoning Officer or his/her designee by mailing a revocation
by certified mail to the owner, rental agent or manager and to the
tenant or tenants, and the premises will be vacated.
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,250,
by imprisonment for a term not to exceed 90 days, or by community
service as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
A.
The owner of the inspected property shall be charged
a fee for each inspection as follows:
[Amended 3-12-2009 by Ord. No. 2009-04; 10-13-2022 by Ord. No. 2022-11]
(1)
Each dwelling unit: $50. Any subsequent inspection
that is required shall cost an additional $30 per re-inspection.
(2)
Boardinghouses:
(a)
One to five rooms: $20.
(b)
Six to 15 rooms: $25.
(c)
Sixteen to 25 rooms: $30.
(d)
Twenty-six to 35 rooms: $40.
(e)
Thirty-six or more rooms: $50.
Any required subsequent re-inspection for any of the above shall
cost an additional fee per re-inspection of 50% of the initial fee
(i.e. re-inspection of a 36 or more room boardinghouse shall cost
$25).
(3)
Any
unit not used for living or sleeping purposes, and used for commercial,
business or any other purpose: $75. Any subsequent inspection that
is required shall cost an additional $50 per re-inspection.
B.
The term "dwelling unit" shall be defined as a single
unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping,
cooking and sanitation.
C.
The term "room" shall mean a single habitable unit
used or intended to be used for living and/or sleeping, but not for
cooking or eating purposes.
D.
The aforesaid fees shall be paid to the Zoning Officer or his/her
designee prior to any inspection being made hereunder.
[Amended 6-14-2018 by Ord. No. 2018-09]
[Amended 3-12-2009 by Ord. No. 2009-04; 6-14-2018 by Ord. No. 2018-09]
No single-family dwelling or dwelling unit of a multifamily
dwelling or building or structure used for commercial or business
purposes, may be sold and title transferred until a continued certificate
of occupancy has been issued by the Zoning Officer or his/her designee
or appropriate subcode official, or their agents, stating that said
property so described therein complies with the Uniform Construction
Code for a continued certificate of occupancy.
[Amended 3-12-2009 by Ord. No. 2009-04; 10-13-2022 by Ord. No. 2022-11]
The fee for initial inspection as required by § 156-10 hereof shall be $60 per dwelling unit, and $75 for any other commercial or business unit. Any subsequent inspection that is required shall cost an additional $30 per re-inspection per residential dwelling unit and $50 per re-inspection of any other commercial or business unit
This article is adopted in order to protect
the health, safety and welfare of those purchasing improved property
within the Township of Little Egg Harbor, County of Ocean, State of
New Jersey.
[Added 5-28-2015 by Ord.
No. 2015-05; 10-13-2022 by Ord. No. 2022-11]
A purchaser of any property regulated by this chapter may waive
the seller's responsibility to obtain a certificate of occupancy prior
to the transfer of title; provided, however, that such waiver shall
be in writing on forms provided by the Township. Such waiver shall
state that the buyer is fully aware that he, she or it is assuming
full responsibility for obtaining a certificate of occupancy prior
to the occupancy of the property. An application for a waiver of the
certificate of occupancy shall be accompanied by a fee of $60.
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,250,
by imprisonment for a term not to exceed 90 days, or by community
service as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
