[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-9-1992 by Ord. No. 1992-6]
As used in this article, the following terms
shall have the following meanings:
Any person who is required by this article to obtain a certificate
of compliance and pursuant to this article submits a request for an
inspection of a dwelling unit to the Township Housing Official.
Any structure or building and any part thereof, whether furnished
or unfurnished, which is occupied or intended to be occupied, arranged
or designed to be occupied for sleeping or dwelling purposes by one
or more persons.
Any person or persons in actual possession of and living
in the dwelling unit.
Any person or persons who own, purport to own or are properly
authorized to exercise powers of or for an owner of property used
as a dwelling unit.
Includes any natural person or persons, firm, partnership,
corporation or association, or any combination thereof.
Includes the leasing, rental or other granting of occupancy
for any period of time where title to the dwelling unit is not transferred
to the actual occupant at the time such occupancy commences.
Includes any conveyance or transfer of title, whether voluntary
or involuntary, and also includes conveyances or transfer by gift
of residential real estate.
The Chesterfield Township Construction Code Officer, Township
Building Inspector, Housing Inspector, Code Enforcement Official,
their designated representatives or any other Township officer, agent
or employee duly authorized and appointed by the Township Committee
to perform the duties set forth in this article.
A.
No owner or person shall sell, rent, lease or allow
any person to live in or inhabit as an owner, occupant, tenant or
lessee any dwelling unit unless said owner or person shall first obtain
from the Township Housing Official a certificate of compliance and,
in the case of a residential rental unit, until that person, firm,
partnership or corporation has registered the premises as hereinafter
provided.
B.
No person who owns, manages, conducts or operates
a dwelling unit shall sell, rent, lease, sublet or permit the same
to be occupied or rented, nor shall any person purchasing or acquiring
in any manner occupancy or dwelling units permit the same to be occupied,
without first securing from the Township Housing Official a certificate
of compliance for said dwelling and, in the case of a residential
rental unit, until that person, firm, partnership or corporation has
registered the premises as hereinafter provided.
No certificate of compliance shall be issued
for a dwelling unit unless the condition of the same complies with
the requirements of:
A.
This article.
B.
The 1996 BOCA National Property Maintenance Code.
[Amended 7-25-1996 by Ord. No. 1996-15]
C.
Applicable state statutes and any rules and regulations
promulgated thereunder.
D.
Any ordinances of the Township of Chesterfield pertaining
to health, sanitation, safety, maintenance and use of any structure
or dwelling unit.
E.
Any other codes, rules and regulations established
by the State of New Jersey and/or the Township of Chesterfield.
[Added 7-25-1996 by Ord. No. 1996-15]
The 1996 BOCA National Property Maintenance
Code is hereby amended as follows:
A.
Chapter 1, Administration. Section PM-101.1, Title, is hereby modified by inserting the name "the Township of Chesterfield."
B.
Chapter 1, Administration. Section PM-106.2, Penalty, is hereby modified by inserting the dollar amounts of "$50" and "$1,000."
C.
Chapter 1, Administration. Section PM-106.2, Penalty, is hereby modified by inserting the number "90" as the number of days.
D.
Chapter 3, General Requirements. Section PM-304.15,
Insect screens, is hereby modified by inserting the months "April"
and "September."
E.
Chapter 6, Mechanical and Electrical Requirements.
Section PM-602.2.1, Heat supply, is modified by inserting the months
"September" and "April."
F.
Chapter 6, Mechanical and Electrical Requirements.
Section PM-602.3, Nonresidential structures, is modified by inserting
the months "September" and "April."
A.
The owner or person or agent thereof, prior to the
sale, rental, lease or allowance of any person to live in or inhabit
as an owner, occupant, tenant or lessee and prior to any transfer
of occupancy or possession by lease/rental agreement of any dwelling
unit, shall give written notice thereof to the Township Housing Official
requesting an inspection of said dwelling unit. The notice shall contain
the name and address of the present owner and prospective owner or
prospective tenant/lessee (as applicable) of the dwelling unit and,
if a notice is given by someone on behalf of the owner, that person's
name and address. The notice shall describe the dwelling unit and
shall be accompanied by the required inspection fee. The notice shall
be submitted not more than 30 days prior to any change in ownership
or occupancy requiring an inspection under this article.
B.
Within 10 working days of receipt of an application
for an inspection, the Township Housing Official shall thereupon cause
inspection to be made of the subject dwelling unit to determine if
such unit is fit for human habitation and in compliance with the requirements
of this article and, upon determining that the requirements of this
article have been complied with, issue a certificate of compliance.
C.
The Township Housing Official shall have such powers
as may be necessary to carry out the intent and duties imposed upon
him under this article, including but not limited to the following
enumerated powers:
(1)
Where an owner or person has failed to comply with
the notice requirements of this article, to investigate and inspect
the dwelling conditions of such property in order to determine if
the dwelling is unfit for human habitation.
(2)
For the purpose of making inspections incidental to
his duties, to enter, examine and survey at all reasonable times all
dwelling units and all rooms therein.
A.
If the Township Housing Official finds during the
course of such inspection that the subject dwelling unit is not in
compliance with this article, said Official shall, within three working
days of such finding, notify the applicant, in writing, of such noncompliance,
specifically setting forth the violations which require correction.
The applicant shall then have 30 days from the date of notification
of said noncompliance to correct or abate the violation or violations.
B.
Upon correction of the violation or violations, the
applicant shall notify the Township Housing Official in writing and
shall submit the appropriate reinspection fee with such notification.
The Township Housing Official shall reinspect the dwelling unit within
10 working days of receipt of such notification and the required reinspection
fee. The procedure shall be followed until all violations have been
corrected and shall be completed prior to the sale, rental, lease
or allowance of any person to live in or inhabit as an owner, occupant,
tenant or lessee any dwelling unit. After completion of this process,
a certificate of compliance shall be issued by the Township Housing
Official.
C.
If the Township Housing Official determines that violations
pose a clear and serious threat to the health, safety or welfare of
the occupant or potential purchaser of the dwelling unit, then said
Official shall notify the applicant, in writing, of such violations
within three working days thereof, and the applicant shall correct
the violations within 10 days of receipt of such notification or prior
to the sale, occupancy or change in occupancy of the subject dwelling
unit, whichever occurs first.
D.
In the event that there is a change of ownership of
a dwelling unit, the buyer or purchaser thereof may waive the seller's
responsibility and assume the same; provided, however, that such waiver
is in writing and states that the buyer is fully aware that (s)he
or it is assuming full responsibility for obtaining a certificate
of compliance pursuant to this article, and further provided that
such written waiver is filed with the Township Housing Official.
E.
All notices issued by the Township Housing Official
shall be served on the applicant either personally or by leaving a
copy thereof at his usual place of abode in the presence of a member
of the household 14 years of age or older, and (s)he shall be informed
of the contents thereof; if said notice cannot be served as provided
above, then the notice may be served upon the applicant by registered
or certified mail, return receipt requested, and ordinary mail, to
his last known address.
A.
Any person affected by a notice which has been issued
in connection with the enforcement of any provision of this article
or any rule or regulation adopted pursuant hereto may request and
shall be granted a hearing on the matter before the Township Committee,
provided that such person shall file, in person or by mail, in the
office of the Township Clerk a written petition requesting such hearing
within 10 days after the notice was served. Upon receipt of such petition,
the Clerk shall set a time and place of hearing within 30 days therefrom
and shall give the petitioner and Township Housing Official five days'
written notification thereof. At any hearing held in accordance with
this article, the petitioner shall be given an opportunity to be heard
and to show cause why such notice should be modified or withdrawn.
The Township Committee shall have the power to administer oaths and
affirmations in any such hearing, and the rules of evidence prevailing
in the courts shall not be controlling in such hearing.
B.
After the hearing the Township Committee shall sustain,
modify or withdraw the notice depending upon its findings as to whether
the provisions of this article and the rules and regulations adopted
pursuant hereto have been complied with. If the Township Committee
sustains or modifies such notice, it shall be deemed to be an order.
The proceedings at such hearings, including the findings and decision
of the Township Committee, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Township
Clerk. Such record shall also include a copy of every notice or order
issued in connection with the matter.
A certificate of compliance shall remain in
effect for as long as the owner or occupant of the dwelling unit for
which said certificate has been issued remains unchanged. Notwithstanding
the foregoing, nothing in this article shall operate to prevent any
other duly authorized official or employee of the Township of Chesterfield
or State of New Jersey from properly and legally inspecting any premises
for which a certificate of compliance has been issued or prevent the
same from exercising its power to correct violations of any housing,
zoning or building codes or any other applicable laws or ordinances
and to prosecute any persons for such violations.
A.
Upon the inspection of any dwelling unit, the Township Housing Official, in his discretion, may cause to be issued a temporary certificate of compliance conditioned upon the applicant's removing any conditions which violate the standards set forth in § 90-3 above within a reasonable period of time not to exceed 30 days from the issuance of said certificate.
B.
The fee for a temporary certificate of compliance shall be $50 over and above the inspection fee set forth in § 90-6, payable to the Township of Chesterfield.
C.
Upon correction of the violations by an applicant
who has received a temporary certificate of compliance, the Township
Housing Official shall issue a permanent certificate of compliance,
provided that the applicant has paid all appropriate fees.
D.
No temporary certificate of compliance may be issued
where the conditions to be abated render the property uninhabitable
or pose a threat to the health, safety and welfare of a potential
occupant.
If the inspection required herein is not made
by the Township Housing Official and neither a certificate of compliance
nor a notice of violation is issued to the applicant within 15 days
of the application for said certificate, the applicant may permit
the dwelling unit to be occupied, but subject to the right of the
Township Housing Official to inspect said dwelling unit and, if a
violation is found, to require the applicant to correct said violation
within 30 days of receipt of notice thereof.
A.
Every person who lets to another for occupancy as
of the date of the adoption of this article any dwelling unit shall
register the unit with the Township's Housing Official, who shall
maintain a registry thereof. Registration forms shall be provided
by the Township Housing Official and shall include the following information:
B.
The registration shall not have to be renewed as long
as the dwelling unit shall continue to be used by the same owner as
a rental dwelling. When the owner shall no longer let the premises
to another for occupancy, the owner shall notify the Housing Official
of such fact in writing.
C.
Upon the sale or conveyance of ownership of any such
dwelling unit, the new owner shall, within 10 days after receipt of
the deed, notify the Housing Official in writing of the change in
ownership.
D.
All owners to whom this article applies shall register
in accordance with this section within 30 days of the date of the
adoption hereof.
E.
In the event that the Township has reason to believe
that a property owner is not in compliance with this article as a
result of the owner's failure to register in accordance with the above
provisions, then the Township, through its Township Housing Official
or such other delegated agent, employer or servant of the municipality,
shall have the right to apply to the Municipal Court Judge for a search
warrant to enter upon the premises which is suspected to be in violation
of this article in order to ascertain whether or not, in fact, the
property is being rented and has not been registered in accordance
with this article.
Any person who violates any of the provisions
of this article shall, upon conviction, be subject to a fine not to
exceed $1,000 or a jail term in the Burlington County Jail not to
exceed 90 days or a term of community service not to exceed 90 days,
at the discretion of the sentencing magistrate, and each day that
a violation shall continue shall be considered and deemed a separate
violation of this article.
