[Adopted 12-11-1984 by Ord. No. 13-84;
amended in its entirety 7-11-2000 by Ord. No. 11-00]
[Amended 11-12-2007 by Ord. No. 18-07]
The BOCA National Property Maintenance Code,
Fifth Edition, 1996, as published by the Building Officials and Code
Administrators International, Inc., and the New Jersey State Housing
Code, N.J.A.C. 5:28-1 et seq., be and are hereby adopted as the Property
Maintenance Code of the Borough of Oaklyn, in the State of New Jersey,
for the control of buildings and structures as herein provided, and
each and all of the regulations, provisions, penalties, conditions
and terms of said BOCA National Property Maintenance Code/1996 are
hereby referred to, adopted and made a part hereof, as if fully set
out in this chapter, with the additions, insertions, deletions and
changes, if any, prescribed in this chapter, three copies of which
are on file in the Office of the Borough Clerk of the Borough of Oaklyn.
[Amended 11-9-2010 by Ord. No. 14-10]
A.
It is hereby determined that an exterior housing code
inspection and an exterior property area inspection, as defined in
the BOCA National Property Maintenance Code/1996, shall be required
on the sale and/or resale of all properties within the boundaries
of the Borough of Oaklyn. Further, any repairs deemed necessary by
the Administrative Office of Code Enforcement shall be completed within
30 days of notification.
[Amended 12-27-2001 by Ord. No. 13-01]
B.
A fee of $50 shall be paid to the Administrative Office
of Code Enforcement upon the receipt of a request for a housing code
exterior inspection. Such fees shall be paid only once and will include
all costs for inspections; to include reinspection of any violations
and the correction thereof.
C.
Upon satisfactory inspection, the Administrative Office
or Code Enforcement will issue a certificate of compliance relative
to this housing code exterior inspection.
[Amended 3-8-2022 by Ord. No. 5-22]
No person shall 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 BOCA National Property Maintenance
Code/2000, established hereby as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
A.
No person shall occupy a dwelling or dwelling unit
as a residential tenant les unless the owner or the owner's agent
shall have first obtained a certificate of occupancy issued by the
Administrative Office of Code Enforcement for the specific dwelling
or dwelling unit. The owner or owner's agent shall apply to the Administrative
Office of Code Enforcement for such certificate of occupancy, which
shall be issued by said office inspector upon compliance by the owner
with the applicable provisions of this article and any rules and regulations
adopted pursuant thereto. No such certificate shall be transferable.
Such certificate shall include the address of the dwelling or dwelling
unit, the name of the owner and the name of the person occupying the
dwelling or dwelling unit. Every owner or owner's agent applying for
certificate of occupancy shall supply such information as the Administrative
Office of Code Enforcement requires and shall pay a fee of $25 per
dwelling unit for the inspections that may be required until the dwelling
unit qualifies for the issuance of a certificate of occupancy by complying
with the applicable provisions of this article and any rules and regulations
adopted pursuant thereto.
B.
No person shall occupy any business or commercial
unit as a tenant or les unless the owner or the owner's agent shall
have first obtained a certificate of occupancy issued by the Administrative
Office of Code Enforcement for the specific unit. The owner or owner's
agent shall apply to the Administrative Office of Code Enforcement
for a commercial certificate of occupancy, which shall be issued by
said office inspector upon compliance by the owner with the applicable
provisions of this article and any rules and regulations adopted pursuant
thereto. No such certificate shall be transferable. Such certificate
shall include the address of the commercial unit, the name of the
owner and the name of the person occupying the unit. Every owner or
owner's agent applying for a commercial certificate of occupancy shall
supply such information as the Administrative Office of Code Enforcement
requires and shall pay a fee of $25 per commercial unit for the inspections
that may be required until the unit qualifies for the issuance of
a commercial certificate of occupancy by complying with the applicable
provisions of this article and any rules and regulations adopted thereto.
The Administrative Office of Code Enforcement
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 any way alter, amend or supersede any of the provisions
thereof. The Administrative Office of Code Enforcement 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 Oaklyn.
Nothing in this article or in the BOCA National
Property Maintenance Code/1996 hereby adopted shall be construed to
affect any suit or proceeding pending in any court or any rights acquired
or liability incurred or any cause or causes of action acquired or
existing under any act or ordinance hereby repealed, nor shall any
just or legal right or remedy of any character be lost, impaired or
affected by this article.
[Amended 7-8-2014 by Ord. No. 12-14]
Any owner, operator or occupant who or which shall violate any of the provisions of this article shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in Chapter 1, § 1-14, of the Code of the Borough of Oaklyn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made, but in no event shall the fine be less than $250. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.
[Added 5-8-2001 by Ord. No. 4-01]
It shall be unlawful for an owner of property
situate in the Borough of Oaklyn to fail to comply with the Property
Maintenance Code of the Borough of Oaklyn.
[Added 7-10-2012 by Ord. No. 12-12]
Where the Code Enforcement Officer of the Borough of Oaklyn,
or his/her designee, has determined that a violation of this chapter
has occurred, written notice of such a violation shall be served upon
any such person who owns, operates or occupies the subject property,
by first-class mail, to the property address, or to the owner's address
as listed with the Oaklyn Tax Collector, describing the violation
and demanding that the violation be abated within five days of the
date of said notice, or an appropriate complaint shall be filed for
the violation of this chapter.
[1]
Editor's Note: Former § 101-10,
Notice; personal service, added 5-8-2001 by Ord. No. 4-01, was repealed
12-10-2002 by Ord. No. 14-02.
[Added 5-8-2001 by Ord. No. 4-01; amended 12-10-2002 by Ord. No. 14-02; 7-10-2012 by Ord. No. 12-12; 7-8-2014 by Ord. No. 12-14]
In the event that personal service cannot be made, or in the
event that service by certified mail is not accepted, service shall
be accomplished by posting said notice in a conspicuous place on the
premises, or by electronic mail to an e-mail address provided by the
property owner, operator or occupant, with a "read receipt request"
provided.
[Added 5-8-2001 by Ord. No. 4-01; amended 12-10-2002 by Ord. No. 14-02; 7-10-2012 by Ord. No. 12-12]
Where the owner, operator and/or occupant shall have refused and/or neglected to correct the violation to the satisfaction of the Code Enforcement Officer of the Borough of Oaklyn, or his/her designee, within five calendar days of his/her receipt of service of a notice of violation issued by said Code Enforcement Officer, or his/her designee, for a violation or violations of this chapter, or upon the expiration of five calendar days following the posting of a copy of the notice of violation as provided in § 101-11 of this chapter, the Borough, in addition to the filing of a complaint in the Oaklyn Municipal Court for the violation of this chapter, may correct the violation or cause the violation to be corrected at the expense of the owner, operator and/or occupant of the property.
[Added 7-8-2014 by Ord. No. 12-14]
Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five days after receipt of notice as referenced in this section, and the Borough is required to take corrective measures as referenced in § 101-10 of this article, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property a period of 120 days from the expiration of five days following service and/or posting of notice as provided in § 101-11 of this article.
[Added 5-8-2001 by Ord. No. 4-01]
In all cases where such conditions are abated by the Code Enforcement Officer of the Borough of Oaklyn pursuant to § 101-12 of this article, the Code Enforcement Officer or his designee shall certify the cost thereof to the Council of the Borough of Oaklyn, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the Borough of Oaklyn Tax Collector.
[Added 5-8-2001 by Ord. No. 4-01]
The imposition and collection of a fine imposed
hereunder shall not bar the right of the Borough of Oaklyn to collect
any costs in the manner as permitted herein or by summary action in
a court of law, and the remedy herein provided shall be cumulative.
