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:
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
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.
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.
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.
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.