[HISTORY: Adopted by the Township Committee of the Township of Commercial 3-20-2008 by Ord. No. 2008-493. Amendments noted where applicable.]
The Housing Officer and/or Construction Official are designated as the officers to exercise the powers prescribed by the within this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
HOUSING OFFICER
The officer of the Department of Housing and Inspections of the Township of Commercial.
RENTAL PROPERTY
A unit of dwelling space in which occupancy is allowed for the payment of rent or other consideration, including occupancy for which rent is charged and or if the owner of record does not reside at the property.
[Amended 6-17-2010 by Ord. No. 2010-514]
UNIT OF DWELLING SPACE
Any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons, provided that this definition shall not be construed to include:
A. 
Any rooming house or boardinghouse as defined by the Rooming and Boarding Act of 1979, N.J.S.A. 55:13B-1 et seq.
B. 
Any hotel, motor hotel; or motel, or established guesthouse which is commonly regarded as a motor hotel, motel or established guesthouse which contains at least 10 or more units of dwelling space or has sleeping facilities for at least 25 or more persons and is kept, used, maintained, advertised as, or held out to be a place where sleeping or dwelling accommodations are available to transient guests.
Pursuant to the provisions of N.J.S.A. 40:49, the International Property Maintenance Code as maintained by the International Code Council, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values. A copy of the "International Property Maintenance Code" is annexed to this chapter and three copies of the same have been placed on file in the Office of the Township Clerk and are available to all people desiring to use and examine same. The latest International Code published by International Code Council shall remain in effect under this chapter.
The Housing Officer or his representative is hereby authorized and directed to make inspections to determine the conditions of the dwellings, dwelling units, rooming units, and premises located within the Township of Commercial in order that he may perform his duty of safeguarding the health and safety of the occupants of the dwellings and of the general safeguarding of the health and safety of the occupants of the dwellings and of the general public. For the purpose of making such inspections, the Housing Officer or his representative is hereby authorized to enter, examine and survey at all reasonable times, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Housing Officer or his representative free access to such dwellings, dwelling units, or rooming units, and its premises at all reasonable times for the purpose of such inspection, examinations and surveys. Every occupant of a dwelling or dwelling unit shall give the owner or his agent or employee thereof access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
Whenever the Housing Officer or his representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the record title owner and to all persons responsible therefor and hereinafter provided. Such notice shall:
A. 
Be in writing.
B. 
Include a statement of reasons why it is being issued.
C. 
Allow a reasonable time for the performance of any act it requires;
D. 
Be served upon the following persons:
(1) 
The record title owner as listed in the Office of the Tax Assessor; and
(2) 
The occupants.
E. 
As per the International Code, to include, but not be limited to, service of notice as provided by this section shall be deemed properly served if a copy thereof is served upon that person personally or by certified and regular mail, or if a copy thereof is posted in a conspicuous place in and about the dwelling affected by the notice.
The following persons shall be considered affected by the notice provided in § 258-5 and shall be responsible for corrections of alleged violations:
A. 
The record title owner as listed in the office of the Assessor. A record title owner shall not be relieved of any responsibility for correction of alleged violations by the existence of an agreement of sale unless the agreement of sale is properly recorded in the Book of Deed in the records of the Cumberland County Clerk's Office.
B. 
An occupant of the property.
A. 
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing before the Housing Officer and the Construction Official, provided such persons shall request a hearing, in writing, to the Housing Officer and the Construction Official within 10 days of the date of service of the notice.
B. 
Upon receipt of the written request for a hearing, the Housing Officer and the Construction Official shall schedule a time and place for the hearing and notify all persons affected by the notice as provided in § 258-6, which time shall not be later than 10 days after the request. At such hearing all affected persons shall be given an opportunity to be heard and show why the notice should be modified or withdrawn.
C. 
After the hearing as provided in Subsection B above, the Housing Officer and or the Construction Official shall sustain, modify or withdraw the notice depending upon his finding as to whether the provisions of the chapter and the rules and regulations have been complied with.
D. 
If the Housing Officer and or the Construction Official shall sustain or modify the notice, it shall be deemed an order. The finding and decisions of the Housing Officer and or the Construction Official shall be summarized, reduced to writing and served on all responsible and affected persons, as provided in § 258-5D and E.
E. 
If a responsible or affected person does not file a written request for a hearing on a notice, the notice shall automatically become an order to correct the matters contained in the notice 10 days after the date of the notice.
F. 
A person aggrieved by the decision of the Housing Officer and/or the Construction Official may seek relief therefrom in any court of competent jurisdiction within the time and according to the method provided by the Laws of the State of New Jersey.
Whenever the Housing Officer and/or Construction Officials find that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately. Any persons to whom such order is directed shall comply therewith immediately but, upon written request to the Housing Officer and Construction Official, shall be afforded a hearing as soon as possible and, if reasonably, possible within 24 hours. After such hearing and depending upon the findings, whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer and/or the Construction Official shall continue such order in effect to modify or revoke it.
The Housing Official 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 chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in any way alter, amend or supersede any of the provisions thereof. The Housing Officer 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 Township of Commercial.
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 International Property Maintenance Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation, and to determine whether the premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values.
A. 
No person shall rent, lease or let to any occupant or occupants, whether or not for consideration, any "unit of dwelling space" unless an occupancy permit has been obtained from the Housing Officer. The occupancy permit shall be valid for a period of one year and shall be on a form prepared by the Housing Officer. The occupancy permit shall be posted on the interior door of the entrance to the "unit of dwelling space." A sticker will also be issued by the Housing Officer that will indicate the date of inspection and approval for such year. The sticker shall be placed on the interior of a kitchen cabinet door.
B. 
The record title owner and all responsible persons as set forth in § 258-6 of this chapter shall be responsible to renew the occupancy permit annually.
The occupancy permit referred to in § 258-11 of this chapter shall not be issued by the Housing Officer unless the following conditions are satisfied:
A. 
An application fee in the amount of $100 per year and per unit is paid to the Township of Commercial. Said fee shall be paid no later than March 31.
[Amended 6-17-2010 by Ord. No. 2010-514; 8-19-2010 by Ord. No. 2010-518]
(1) 
If not received by March 31, the application fee shall be $150 in addition to any sanctions imposed by § 258-16. All inspections shall be completed by September 1.
B. 
The owner of the building in which the unit of dwelling space is situated has, upon a form provided by the Housing Officer, registered said premises, thereon with the name and address of the owner and the name and address of the local resident charged with the responsibility of the maintenance of said property and the names and addresses of the lessee of the property.
C. 
Beginning March 14, 2004, and at least once every five years thereafter, the owner of the building in which the unit of dwelling space is situated shall test the water supply in accordance with N.J.S.A. 58:12A-26 et seq., and provide a copy of the County water certificate to the Housing Officer.
D. 
In addition to the application fee, the owner shall pay a fee of $40 for each unit of dwelling space requiring a reinspection by the Housing Officer. For each inspection appointment made by the Housing Officer, said fee shall be paid prior to any reinspection and a new occupancy permit shall be required on all changes of occupancy of the unit.
Should any investigation or inspection pursuant to § 258-4 reveal that the "unit of dwelling space" does not conform in all respects with the provisions of this chapter and to the provisions of the International Property Maintenance Code, the Housing Office and/or the Construction Office may proceed in accordance with §§ 258-5, 258-6 and 258-7 of this chapter, including notice to alleged violations, with establishment of reasonable time for correction of violations, and opportunity of affected persons to be heard. In the event a reinspection reveals that the alleged violations have not been corrected and the unit of dwelling space continues to not conform in all respects to the provisions of this chapter and the provisions of the International Property Maintenance Code, the Housing Officer, in addition to all other remedies provided by this order, may revoke the permit issued pursuant to § 258-11.
A. 
This section shall be in addition to the requirement of obtaining an occupancy permit as provided in § 258-11 of this chapter.
B. 
No person shall rent, lease or let any occupant or occupants, whether or not for consideration, any dwelling, dwelling unit, hotel, rooming house or rooming unit unless an occupancy permit shall first have been obtained from the Housing Officer. Said permit shall certify that the building or unit is fit for human habitation and complies with the requirements of all ordinances of the Township of Commercial which relate to housing. No tenant or occupant shall sublease, sublet or permit use of dwelling or lodging units without following the above procedure. This Section shall not be deemed to allow any such occupancy other than where allowed by the Land Use Ordinance.[1]
[1]
Editor's Note: See Ch. 145, Development Regulations.
No tenant or occupant of any dwelling, dwelling hotel, rooming house or rooming unit shall sublease, sublet or permit use of the dwelling or lodging unit without complying with the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.