[HISTORY: Adopted by the Township Council of the Township of Mount Holly 2-8-1992 by Ord. No. 1993-6. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 82.
Building numbering — See Ch. 85.
Unfit buildings — See Ch. 88.
Uniform construction codes — See Ch. 96.
Fire lanes — See Ch. 126.
Fire prevention — See Ch. 128.
Garbage and refuse — See Ch. 137.
Low- and moderate-income housing — See Ch. 143.
Land use — See Ch. 149.
Property maintenance — See Ch. 212.
Rental units — See Ch. 216.
Rooming and boarding houses — See Ch. 220.
Smoke detectors — See Ch. 234.
A. 
Prior to any change in ownership or occupancy of any house, dwelling, apartment unit, boarding house unit, rooming house unit, commercial, industrial or any other type of premises, whether by transfer of title, change of renting or leasing tenant or otherwise, which is used, partially used or intended to be used for human occupancy, a certificate of approval shall first have been obtained from the Housing Code Enforcement Officer stating that the building, or the specified portion thereof, particular unit therein, or premises complies with the requirements of the International Property Maintenance Code, 2003 edition, as published by the International Code Council and all other codes and ordinances of the Township of Mount Holly regulating and governing matters of health, sanitation, maintenance and use of any structure for human occupancy.
[Amended 4-28-2008 by Ord. No. 2008-07]
B. 
A certificate of approval shall be obtained as required in Subsection A or every two years, whichever occurs first.
[Amended 8-14-2000 by Ord. No. 2000-17]
C. 
Notwithstanding the provisions of Subsection B, above, inspections, other than upon change of ownership or occupancy pursuant to Subsection A, for multifamily residential units subject to the state Hotel and Multiple Dwelling Act[1] (those with three or more units) shall be conducted by the state on the schedule established by the state. Owners of such multifamily units shall provide a copy of the results of the state inspection to the Township Housing Code Enforcement Office within 14 days of receipt. If such inspection reveals violations or deficiencies, evidence of remediation of such violations or deficiencies shall likewise be filed with the Code Enforcement Office within 14 days of receipt of the reinspection results from the state.
[Added 8-13-2007 by Ord. No. 2007-05]
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
D. 
For multifamily residential complexes consisting of 35 or more units in common ownership when the entire complex is sold or otherwise transferred, the inspections required pursuant to Subsection A shall not include individual dwelling units but shall be limited to common areas, buildings and facilities. Common facilities shall include any heating or cooling equipment serving more than one dwelling unit.
[Added 8-13-2007 by Ord. No. 2007-05; amended 4-28-2008 by Ord. No. 2008-07]
A certificate of approval shall be requested, processed and issued in the following manner:
A. 
Application. Application shall be made, in writing, by the owner or owner’s agent (which shall include but not be limited to a managing agent, real estate agent, real estate broker, property manager or other representative), to the Housing Code Enforcement Officer prior to a change in ownership or occupancy or for a biennial inspection, requesting an inspection by the Housing Inspector, or the agency or representative serving in such capacity as designated by the Township, specifying the premises to be inspected, the location of the premises, the name and contact information of the present owner, the name and contact information of the new owner (if an ownership change), the name of the new occupant(s) or lessee(s) and the total number of people who will occupy the premises.
[Amended 4-28-2008 by Ord. No. 2008-07]
B. 
Fee. The fee for such inspection shall be $150 and shall be paid to the Department of Neighborhood Services at the time of making the application. All sellers and landlords shall post with the Township the sum of $250 to assure compliance with trash and rubbish regulations of the Township. If excess trash or refuse is left for collection in violation of the provisions of Township ordinances and the regulations thereunder, the cost of removing such excess trash or refuse shall be deducted from this amount. The balance, if any, will be returned to the seller or landlord, as the case may be, not later than 21 days after closing of the transaction. This provision shall not apply to commercial or multifamily residential establishments which maintain a system of private collection for trash and refuse.
[Amended 10-27-2003 by Ord. No. 2003-34; 1-12-2004 by Ord. No. 2003-44; 2-27-2006 by Ord. No. 2006-03; 4-11-2016 by Ord. No. 2016-13]
C. 
Prior to the issuance of a certificate of approval pursuant to this section, the applicant shall provide to the Housing Code Enforcement Officer a certification by a qualified HVAC contractor, public utility employee or licensed plumber (as the case may be), approved by the Housing Code Enforcement Officer, that the heating equipment serving the premises in question is in safe and proper working order. The certification shall be dated not more than 365 days prior to the date of application for a certificate of approval. Properties which have a central heating unit serving multiple units shall not be required to have an inspection of such a heating unit more than once in any twelve-month period of time unless during the prior inspection the heating unit failed that inspection.
[Amended 4-28-2008 by Ord. No. 2008-07; 5-23-2016 by Ord. No. 2016-16]
D. 
Inspections. The requested inspection shall be made within five business days of receipt of a complete application, and an inspection report containing all existing violations as may be found of all Township codes and ordinances regulating and governing matters of health, sanitation, maintenance and use of any structure for human occupancy, shall be set forth as separate items by the inspecting official in a written report, which shall be submitted to the person applying for the inspection.
E. 
Correction of violations. All violations shall be corrected prior to any change of ownership or occupancy, or, in the alternative, may be assumed by the prospective purchaser, on the condition that such violations be corrected within 30 days from the date of such report, or within any extension of such thirty-day period granted by the Housing Code Enforcement Officer or his/her representative, except that no extension in excess of 60 days shall be granted, and except further that the violations set forth in Subsection F below must be corrected prior to a change in ownership or occupancy.
F. 
Safety violations. All violations which, in the judgment of the inspecting officer, pose a positive, clear and serious present or potential threat to the health, safety or welfare of any present or potential occupant shall be so designated upon the inspection report, and such violations must be corrected prior to any change in ownership or occupancy.
G. 
Reinspections. A single reinspection may be requested without additional fee by the person making the original application within 30 days of the date of the inspection report, and a reinspection shall be made within 30 days of the date of the inspection report, or as soon thereafter as the inspecting official can schedule such reinspection in instances where the prospective purchaser has assumed responsibility for correction of violations. However, any additional or later reinspection shall only be made upon payment of a new inspection fee of $30 per reinspection.
[Amended 10-27-2003 by Ord. No. 2003-34; 2-27-2006 by Ord. No. 2006-03]
H. 
Issuance of certificate. Upon an inspection report being rendered without any violation being disclosed, or upon any disclosed violation being remedied and corrected prior to reinspection, the Housing Code Enforcement Officer shall issue to the applicant a certificate of approval for the subject premises so qualifying, which shall be valid until the next occurring change in ownership or occupancy, or any subsequent inspection by the Housing Inspector, or his/her representative, which shall disclose ordinance violations, whichever first occurs.
I. 
The escrow fee to assure compliance with trash collection regulations may be waived in the discretion of the Code Enforcement Official, provided that he has inspected the premises not more than 48 hours prior to closing of the transaction and determined that the premises are vacant and that all trash and refuse has been discarded in compliance with Township ordinances and regulations.
[Added 1-12-2004 by Ord. No. 2003-44]
[1]
Former § 90-3, Right to appeal, was repealed 8-14-2000 by Ord. No. 2000-17.
[1]
Editor's Note: Former § 90-4, Appeals Board, was repealed 8-14-2000 by Ord. No. 2000-17.
Neither the performance of the inspectors nor the inspections or reinspections required herein shall make the Township become, or be considered to be, a guarantor to any owner, purchaser, tenant or other person as to the condition of any building, unit or premises inspected, nor shall the Township be or be deemed to be a participant in any contractual relationship between any persons or parties as to same.
[Amended 1-12-2004 by Ord. No. 2003-44; 2-27-2006 by Ord. No. 2006-03; 4-28-2008 by Ord. No. 2008-07]
Any person who is or shall be the owner, purchaser, tenant, lessee or agent (which shall include but not be limited to a managing agent, real estate agent, real estate broker, property manager or other representative) of such persons, and who shall transfer, sell, buy, rent, lease or otherwise change the ownership or occupancy of any structure regulated or encompassed by this chapter without complying with the requirements concerning the obtaining of a certificate of approval or who shall violate any other provision of this chapter, including failure to provide a copy of the applicable state housing inspection under § 90-1C, shall be subject to the penalty set forth in § 1-3 of this Code. In addition to any other penalties, any costs incurred by the Township for the removal of trash and refuse as a result of a violation of § 90-2B or otherwise shall be assessed against the owner of the property in question as a municipal charge which shall be and constitute a lien on the property subject to collection in the same way and manner as other municipal liens and taxes according to law.
It shall be the duty and responsibility of the Housing Code Enforcement Officer to enforce the provisions of this chapter.