[HISTORY: Adopted by the City Council of the City of Vineland 2-23-1999 by Ord. No. 99-7 (Ch. 365 of the 1990 Code). Amendments noted where applicable.]
[Amended 9-13-2005 by Ord. No. 2005-63; 11-28-2006 by Ord. No. 2006-98]
Pursuant to N.J.S.A. 40:49-5.1, a certain document, three copies of which are on file in the office of the Clerk of the City of Vineland, being marked and designated as the "International Property Maintenance Code, 2006 Edition," as published by International Code Council, be and is hereby adopted as herein provided; and each and all of the regulations of the International Property Maintenance Code, 2006 Edition, are hereby adopted and made a part hereof as if fully set forth herein, except for and subject to the deletions and modifications set forth in § 537-2 hereof. The Director of the Department of Licenses and Inspections ("Director") and his designees are hereby authorized to exercise the powers and duties prescribed by this chapter.
[Amended 9-13-2005 by Ord. No. 2005-63; 11-28-2006 by Ord. No. 2006-98]
The International Property Code/2006 adopted herein by reference is adopted in its entirety, except for and subject to the following deletions and modifications:
Sections from Chapter 1.
Section 101.1, Title (page 1, second line). Insert: "City of Vineland."
Section 102.3, Application of other codes. Add "Uniform Construction Code." Delete last sentence.
Section 103, Department of Property Maintenance Inspection. Delete in its entirety.
Section 104.2, Rule-Making Authority. Delete.
Section 105, Approval. Delete in its entirety.
Section 106.3, Prosecution of violation. Delete first sentence.
Section 107.2, Form. Delete Subsection 5.
Section 109.6, Hearing. Delete.
Section 110, Demolition. Delete in its entirety.
Section 111, Means of Appeal. Delete in its entirety.
Section 302.3 is amended and supplemented by adding the following:
Sections 302.4, Weeds (page 9, second line). Insert: ”eight inches."
Section 302.4, Weeds, is amended and supplemented by adding the following:
Section 302.8, Motor vehicles, is amended and supplemented by adding the following:
Sections 304.3, Premise identification. Delete in its entirety.
Section 304.14, Insect screens (page 10, first and second lines). Insert: "April 1 to December 1."
Sections 307.2, Disposal of Rubbish, through 307.3.2, Containers, are deleted in their entirety from this chapter. The following sections are hereby added:
Chapter 3 is amended and supplemented by addition of the following section:
Sections 602.2, 602.2.1 and 602.2.2 are deleted in their entirety from this chapter. Section 602.2 shall now read as follows:
Section 602.4, Occupiable work spaces (page 17, third line). Insert: "October 1 to May 1."
Section 602.0 is amended and supplemented by adding the following:
Chapter 8 is amended and supplemented by the addition of the following additional standard references:
For the purpose of this chapter, the Director may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the City of Vineland. Such conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or other sanitary facilities; dilapidation; disrepair; structural defects; or uncleanliness.
Whenever a petition is filed with the Director by a public authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents of the municipality charging that any dwelling is unfit for human habitation as herein defined or whenever it appears to the Director that any dwelling is unfit for human habitation as herein defined, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Director, or his designated agent, at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint; that the owners and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Director.
If, after such notice and hearing, the Director determines that the dwelling under consideration is unfit for human habitation as herein defined, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
The repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or to have said building vacated and closed within the time set forth in the order.
If the building is in such condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish said building within a reasonable time as specified in said order of removal.
That, if the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Director may cause such building to be repaired, altered or improved or to be vacated and closed and that the Director may cause to be posted on the main entrance of any building so closed a placard with the following words: "Condemned as unfit for human occupancy or use; the use or occupation of this building is prohibited and unlawful."
That, if the owner fails to comply with an order to remove or demolish the building, the Director may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement and receipt of bids. Furthermore, in the event that the owner fails to comply with the Director's order within the time specified, such failure shall be considered a violation of this chapter, subjecting the owner to the penalties set forth in § 537-11 of this chapter. Each day that the Director's order is not complied with shall be considered a separate offense, subjecting the owner to penalties for each day of noncompliance.
That the amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in favor of the municipality and the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Director, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or the custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by certified mail. If the total of the credits exceeds the costs, the balance remaining shall be deposited in the Superior Court by the Director, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
Complaints or orders issued by the Director pursuant to this chapter shall be served upon persons either personally or by certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by said Director in the exercise of reasonable diligence, and said Director shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for three successive weeks in a newspaper circulating in the City of Vineland. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer.
[Amended 10-27-2009 by Ord. No. 2009-68]
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the Director may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Amended 10-27-2009 by Ord. No. 2009-68]
Nothing in this chapter shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this chapter intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) or any rules or regulations adopted thereunder.
The Director is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following, in addition to others herein granted:
To investigate the dwelling conditions in the City of Vineland in order to determine which dwellings therein are unfit for human habitation.
To administer oaths and affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
[Amended 10-27-2009 by Ord. No. 2009-68; 1-30-2018 by Ord. No. 2018-6]
No person shall occupy as owner/occupant or 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 Property Maintenance Code, referred to in § 537-1, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary, and fit for human habitation.
No person shall convey title to any residential property in the City of Vineland consisting of 15 dwelling units or less without first obtaining a continued certification of occupancy for each unit in the manner herein provided, certifying that said premises conforms to the provisions of this Chapter; § 372-10, Certificate of smoke detector installation; Chapter 425, Land Use; Chapter 485, Rental Property. This section shall not apply to a transfer of a legal interest in the property to an existing owner of record or a transfer of a legal interest in the property to an immediate family member of the grantor or to a trust wherein the beneficiaries are immediate family members. For purposes of this subsection, immediate family members are grandparents, spouses, children and/or grandchildren.
Issuance of certificates.
Continued certification of occupancy (CCO). Prior to conveying title to any premises described in the preceding subsection, an owner or the legal representative of the owner shall apply to the Department of Licenses and Inspections for a continued certification of occupancy. Said application shall be on a form approved by the Director of Licenses and Inspections, and shall be submitted not less than 10 business days before scheduled closing, without incurring additional costs as specified herein. The Construction Official and Fire Official or their representatives shall inspect the premises within five days of said application and, upon determining that all provisions of the Code of the City of Vineland have been complied with, shall issue a continued certification of occupancy permitting occupancy of said premises. Such continued certification of occupancy shall indicate that compliance has been met. If, upon inspection, the dwelling unit is not found to be in compliance, the Construction Official and/or Fire Official or their representatives shall notify the owner in writing of such noncompliance, specifically setting forth those violations requiring correction. Upon correction of the violation(s), the owner shall notify the Construction Official and/or Fire Official who shall, within five days, reinspect the required correction(s). This procedure shall be followed until all violations have been corrected, at which time a continued certification of occupancy shall issue as above provided. Such continued certification of occupancy shall be valid for a period of 90 days from the date of its issuance, after which ninety-day period it shall expire. Such expiration date shall be stated on the certificate. The ninety-day period may be extended for up to an additional period of 90 days, provided the owner certifies in writing on forms provided by the Director of Licenses and Inspections that no change in the condition of the unit(s) has occurred from the time of the prior inspection.
In the event the contract purchaser has engaged the services of a New Jersey licensed and insured home inspection company to provide a report of the condition of the residential unit and structures located on the property upon which the unit is located, the report is dated within 60 days of closing date and contains all of the information necessary to determine if the unit conforms to the provisions of the Property Maintenance Code, the Construction Official shall accept the report in lieu of an inspection as required in Subsection B(1)(a).
Issuance of certificate of transfer of title (CTT). Notwithstanding the provisions of Subsection B(1)(a) of this section, a contract purchaser of a residential unit(s) who, upon acquisition of the premises, intends and does utilize the premises for a residential use, may make application for a certificate known as a "certificate of transfer of title," where renovations to the residential premises are required to be made so as to meet the standards for the issuance of a certificate of continued occupancy. The application shall be signed by the contract purchaser. The application for the issuance of a certificate of transfer of title shall be made not less than 10 days prior to the intended settlement date, as set forth in the contract of sale. The contract purchaser shall certify in writing on forms provided by the Director of Licenses and Inspections that they acknowledge the residential unit(s) are not habitable and further that they will perform all necessary repairs/remediations to meet the requirements set forth herein for the issuance of a continued certificate of occupancy. Such certificate of transfer of title shall be valid for a period of 120 days from the date of settlement on the property between owner and contract purchaser. The purchaser/owner of the premises may apply to extend the one-hundred-twenty-day period to complete the renovations, but such application shall be filed prior to the expiration of the initial one-hundred-twenty-day period. The Construction Official may grant the extension, in his/her sole discretion, for a period not to exceed 120 days, provided the purchaser/owner has commenced and is actively renovating the premises. Prior to the expiration of the one-hundred-twenty-day extension period, should the repairs/remediation be substantially completed and upon submitting proof necessary to the Construction Official that unexpected/extraordinary circumstances occurred during the renovations/remediation which prohibited the completion of the same within the one-hundred-twenty-day extension period, the Construction Official may grant one additional thirty-day extension in his/her sole discretion.
Upon notification to the Construction Official and Fire Official that renovations have been completed, the Construction Official and/or Fire Official or their representatives shall inspect the premises within 10 days of said notice. Upon finding that all renovations have been completed and compliance with this section has occurred, the Construction Official shall then take appropriate action for the issuance of a continued certification of occupancy in accordance with Subsection B(1)(a) of this section. Provided no further inspection is required and a continued certificate of occupancy is issued, the fee for an inspection shall be charged in accordance with Subsection C below.
The owner or contract purchaser of any property subject to the terms hereof which is serviced by a private potable water well shall submit to the Construction Official copies of the well test results required by N.J.S.A. 58:12A-26 prior to closing of title.
The owner making application for a continued certification of occupancy shall be charged a fee of $125 per unit and an owner making application for a certificate of transfer of title shall be charged a fee of $25 per unit. A fee of $50 per unit will be charged for all reinspections by the Construction Official. The fee charged in accordance with this subsection for a continued certification of occupancy shall include the fee set forth in § 372-10 for the certificate of smoke detector inspection by the Fire Official. Should an application be made for the issuance of a continued certification of occupancy or certificate of transfer of title less than 10 days before closing, the fee for the continued certification of occupancy shall be $200, and $100 for each reinspection, and $50 for the certificate of transfer of title. No inspection shall take place if less than three business days' notice is given. In the event the contract purchaser submits a home inspection report as specified in Subsection B(1)(b) and no inspection or reinspection is required, the charge for the continued certification of occupancy, inclusive of the smoke detector inspection, shall be $60.
Failure to comply with any portion hereof shall be punishable in accordance with Article II, § 1-15 of the Code of the City of Vineland. Further, each day in which a violation hereof is determined to exist shall be considered a separate and subsequent offense punishable in accordance with said Article II, § 1-15 of the Code of the City of Vineland.
Each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Unless another law is stated to the contrary, the Vineland Municipal Court shall have jurisdiction over the violations and penalties set forth in this section.
[Added 9-13-2005 by Ord. No. 2005-63]
[Amended 9-13-2005 by Ord. No. 2005-63]
In addition to the fines and penalties set forth above, in case of any unlawful acts, the Code Official shall institute an appropriate action or proceeding at law for the purpose of ordering that person to:
Restrain, correct or remove the violation or refrain from any further execution of work;
Restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
Require the removal of work in violation; or
Prevent the occupancy of the structure that is not in compliance with the provisions of this chapter.
Nothing in this chapter shall be construed to abrogate or impair the power of the municipality or any officer or department to enforce any provisions of its ordinances or regulations nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the City by any other law or ordinance.