[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:
A.
Sections from Chapter 1.
(1)
Section 101.1, Title (page 1, second line). Insert:
"City of Vineland."
(2)
Section 102.3, Application of other codes. Add "Uniform
Construction Code." Delete last sentence.
(3)
Section 103, Department of Property Maintenance Inspection.
Delete in its entirety.
(4)
Section 104.2, Rule-Making Authority. Delete.
(5)
Section 105, Approval. Delete in its entirety.
(6)
Section 106.3, Prosecution of violation. Delete first
sentence.
(7)
Section 107.2, Form. Delete Subsection 5.
(8)
Section 109.6, Hearing. Delete.
(9)
Section 110, Demolition. Delete in its entirety.
(10)
Section 111, Means of Appeal. Delete in its
entirety.
B.
Section 302.3 is amended and supplemented by adding
the following:
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302.3 Sidewalks and driveways. All
sidewalks, walkways, stairs, driveways, parking spaces and similar
areas shall be kept in a proper state of repair and maintained free
from hazardous conditions. These areas must be clearly designated
by the property owner. Driveways and parking spaces must be constructed
with concrete, macadam or crushed stone so as to not allow pooling
of water or dust. Motor vehicle parking shall be limited to designated
parking areas. Parking on or across a sidewalk or lawn area is prohibited.
Sidewalks and rights-of-way shall be maintained free and clear of
all grass and other vegetation overgrowth and shall not be obstructed
by trees, bushes, and/or hedges. Stairs shall comply with the requirements
of Sections 304.10 and 306.1.
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C.
Sections 302.4, Weeds (page 9, second line). Insert:
”eight inches."
D.
Section 302.4, Weeds, is amended and supplemented
by adding the following:
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302.4 1 Ground cover. All areas
not designated as sidewalks, driveways or parking areas must be covered
with grass, approved vegetation and/or landscaping material to prevent
dust, stagnant water or any other blighting condition to exist.
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E.
Section 302.8, Motor vehicles, is amended and supplemented
by adding the following:
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302.8.1 No motor vehicle shall
be parked, stored or displayed for sale on a front or side yard lawn
or grassy area.
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F.
Sections 304.3, Premise identification. Delete in
its entirety.
G.
Section 304.14, Insect screens (page 10, first and
second lines). Insert: "April 1 to December 1."
H.
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:
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307.2 Disposal of rubbish. Every
occupant of a structure shall dispose of all rubbish in a clean and
sanitary manner by placing such rubbish in approved containers that
are stored in a screened enclosure and in an area or manner not visible
from the roadway.
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307.3 Refrigerators. Refrigerators
and similar equipment not in operation shall not be discarded, abandoned
or stored on premises without first removing the doors.
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307.4. Containers. The operator
of every establishment producing garbage shall provide, and at all
times cause to be utilized, approved leakproof containers provided
with close-fitting covers for the storage of such materials until
removed from the premises for disposal.
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307.5. Responsibility of owner and occupant. On properties containing no more than three dwelling units, it shall
be the responsibility of the occupant of each dwelling unit to furnish
the receptacles outside the dwelling unit as are needed for the storage
of garbage and rubbish until removal from the premises. In lodging
houses and in dwellings containing four or more dwelling units, it
shall be the responsibility of the owner to furnish such receptacles
outside the lodging units or dwelling units as are needed for the
storage of garbage and rubbish until removal from the premises. Every
occupant of a dwelling unit shall be responsible to comply with the
applicable municipal ordinances and/or regulations regarding collection
of garbage, rubbish, recyclables and other permitted collectibles.
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I.
Chapter 3 is amended and supplemented by addition
of the following section:
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SECTION 309.0
ADDITIONAL DUTIES
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309.1 Discontinuance of service. No owner or occupant shall cause any services, facilities, equipment
or utilities which are required by this code to be removed from, shut
off or discontinued in any occupied dwelling let or occupied by him,
except for such repairs or alterations in process or during temporary
emergencies when discontinuance of service is authorized by the Director.
In the event that any service or utility which the owner has agreed
to supply is discontinued, the owner shall take immediate steps to
cause the restoration of such service or utility.
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309.2 Laundry. At no time shall
laundry be located on front or side porches, deck railings, or any
other appurtenances that can be viewed from the roadway.
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J.
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:
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602.2 Residential buildings. Every
dwelling shall have heating facilities which are properly installed,
maintained in a good and safe working condition and capable of safely
and adequately heating all habitable rooms, bathrooms and water-closet
compartments located therein to a temperature of at least 68°
F. when the outside temperature is 0° F. Every owner of a dwelling
who permits to be occupied any dwelling unit or lodging unit therein
under any agreement, expressed or implied, to supply or furnish heat
to the occupants thereof shall supply heat adequate to maintain therein
a minimum inside temperature in all habitable rooms, bathrooms and
water-closet compartments of 68° F. between the hours of 6:00
a.m. and 11:00 p.m. and 65° F. between the hours of 11:00 p.m.
and 6:00 a.m., from October 1 of each year to the next succeeding
May 1.
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K.
Section 602.4, Occupiable work spaces (page 17, third
line). Insert: "October 1 to May 1."
L.
Section 602.0 is amended and supplemented by adding
the following:
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602.6 Dwellings containing two or more
dwelling units. In dwellings containing two or more dwelling
units having a common source of heat for domestic hot water, it shall
be the responsibility of the owner to make provision for the proper
operation of such facilities at all times.
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602.7 Obligation of owner. In the
absence of a contract or agreement to the contrary, an owner shall
be obliged to provide heat wherever heating facilities are under the
control of the owner or whenever two or more dwelling units or lodging
units are heated by a common facility.
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M.
Chapter 8 is amended and supplemented by the addition of the following additional standard references:
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N.J.A.C. 7:10-12.1 et seq. — The Standards
for the Construction of Public Noncommunity Water Systems and Nonpublic
Water Systems From N.J.A.C. 7:10 — The Safe Drinking Water Act
N.J.A.C. 7:18-1.1 et seq.
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General Provisions From N.J.A.C. 7:18 —
Regulations Governing the Certification of Laboratories and Environmental
Measurements
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N.J.A.C. 7:18-2.1 et seq. — Scope From
N.J.A.C. 7:18-2 — Program Procedures and Requirements
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N.J.S.A. 58:12A-1 et seq. — Safe Drinking
Water Act From Title 58 — Waters and Water Supply.
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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:
A.
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.
B.
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.
C.
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."
D.
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.
E.
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.[1]
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:
A.
To investigate the dwelling conditions in the City
of Vineland in order to determine which dwellings therein are unfit
for human habitation.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
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.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this
chapter.
E.
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]
A.
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.
B.
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.
(1)
Issuance of certificates.
(a)
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.
(b)
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).
(c)
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.
[1]
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.
(e)
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.
C.
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.
D.
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.
B.
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.
C.
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:
A.
Restrain, correct or remove the violation or refrain
from any further execution of work;
B.
Restrain or correct the erection, installation, maintenance,
repair or alteration of such structure;
C.
Require the removal of work in violation; or
D.
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.
