[HISTORY: Adopted by the Township Committee of the Township of Chesterfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 86.
Uniform construction codes — See Ch. 94.
Fees — See Ch. 110.
Housing — See Ch. 124.
Land development — See Ch. 130.
Smoke detectors — See Ch. 162.
Sewage disposal systems — See Ch. 216.
Water — See Ch. 228.
[Adopted 7-9-1992 by Ord. No. 1992-6]
As used in this article, the following terms shall have the following meanings:
APPLICANT
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.
DWELLING UNIT
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.
OCCUPANT
Any person or persons in actual possession of and living in the dwelling unit.
OWNER
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.
PERSON
Includes any natural person or persons, firm, partnership, corporation or association, or any combination thereof.
RENT
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.
SALE
Includes any conveyance or transfer of title, whether voluntary or involuntary, and also includes conveyances or transfer by gift of residential real estate.
TOWNSHIP HOUSING OFFICIAL
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.
[Amended 7-25-1996 by Ord. No. 1996-15; 6-13-2024 by Ord. No. 2024-11]
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 2021 International Property Maintenance Code, as further referenced and adopted in Chapter 152 of the Township Code.
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.[1]
[1]
Editor's Note: Former § 90-3.1, Technical amendments to BOCA Property Maintenance Code, added 7-25-1996 by Ord. No. 1996-15, which immediately followed this section, was repealed 6-13-2024 by Ord. No. 2024-11.
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. 
The fees for inspections performed pursuant to this article are as set forth in § 110-90:
[Amended 3-25-2010 by Ord. No. 2010-4]
B. 
All inspection fees shall be made payable to the Township of Chesterfield.
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:
(1) 
The name, address and telephone number of the owner.
(2) 
The address of the dwelling unit.
(3) 
The term of existing or anticipated leases.
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.