[Adopted 2-12-2009 by Ord. No. 2009-8]
The Code Enforcement Official of the Township
is hereby designated as the officer to exercise the powers prescribed
by this article. Any Public Officer I or II may assist in performing
inspections and reporting findings to the Housing Inspector.
[Amended 11-28-2022 by Ord. No. 2022-42]
A certain document, three copies of which are on file in the office of the Municipal Clerk of the Township of Robbinsville, Mercer County, New Jersey, being marked and designated as the "International Property Maintenance Code 2018" as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the Township, for the control of buildings and structures as herein provided; and each and all of the regulations of the International Property Maintenance Code 2018 as published by the International Code Council, except as amended by § 187-2, are hereby referred to, adopted and made a part hereof, as if fully set out in this article.
The Code Enforcement Official or designee is
hereby authorized and directed to make inspections to determine the
condition of commercial property, commercial units and premises located
within the Township in order that he/she may perform his/her duty
of safeguarding the health and safety of the occupants of the buildings
and of the general public. For the purpose of making such inspections,
the Code Enforcement Official or designee is hereby authorized to
enter, examine and survey at all reasonable times all commercial properties
and commercial units upon receipt of credible inquiry of a possible
violation or hazardous condition contained upon or within said buildings.
The owner, tenant, lessee or occupant or the person in charge thereof
shall give the Code Enforcement Official or designee free access to
any and all areas of building and its premises at all reasonable times
for the purpose of such inspection, examination and survey. Every
tenant, lessee or occupant of any and all buildings or units shall
give the owner thereof, or his/her agent or employee, access to any
part of such building or 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 article, or with
any lawful rule or regulation adopted, or any lawful order issued
pursuant to the provisions of this article.
A.
Whenever the Code Enforcement Official or designee
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this article or of any rule
or regulation adopted pursuant thereto, he/she shall give notice of
such alleged violation to the person or persons responsible therefor
as hereinafter provided. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Allow a reasonable time for the performance of any
act it requires.
(4)
Be served upon the owner of his/her agent or the occupant,
as the case may require, provided that such notice shall be deemed
to be properly served upon such owner or agent or upon such occupant
if a copy thereof is served upon him/her personally or if a copy thereof
is sent by registered mail to his/her last known address or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice or if he/she is served with such notice by
any other method authorized or required under the laws of this state.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article and with
rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article
or of any rule or regulation adopted pursuant thereto may request
and shall be granted a hearing on the matter before the Construction
Official, provided that such person shall file, in the office of the
Construction Official, a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor within
10 days after the day the notice was served. Upon receipt of such
petition, the Construction Official shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Health Officer may postpone the date of the hearing
for a reasonable time beyond such ten-day period if, in his/her judgment,
the petitioner has submitted a good and sufficient reason for such
postponement.
C.
After such hearing, the Construction Official shall
sustain, modify or withdraw the notice, depending upon his/her findings
as to whether the provisions of this article and of the rules and
regulations adopted pursuant thereto have been complied with. If the
Construction Official sustains or modifies such notice, it shall be
deemed to be an order. Any notice served pursuant to this article
shall automatically become an order if a written petition for a hearing
is not filed in the office of the Construction Official within 10
days after such notice is served.
D.
The proceedings at such hearings, including the findings
and decision of the Construction Official, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Construction Official. Such record shall also include a copy
of every notice or order issued in connection with the matter.
E.
Any person aggrieved by the decision of the Construction
Official may seek relief therefrom in any court of competent jurisdiction,
as provided by laws of the state.
F.
Whenever the Code Enforcement Official or designee
finds that an emergency exists which requires immediate action to
protect the public health or safety, he/she may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as he/she deems necessary
to meet the emergency. Notwithstanding the other provisions of this
chapter, such order shall be effective immediately. Any person to
whom such order is directed shall comply therewith immediately but,
upon petition to the Construction Official, shall be afforded a hearing
as soon as is practicably possible. After such hearing, depending
upon his/her findings as to whether the provisions of this article
and of the rules and regulations adopted pursuant thereto have been
complied with, the Construction Official shall continue such order
in effect, or may modify or revoke the order.
A.
Certificate required prior to new occupation. No owner
of any commercial establishment, building or individual commercial
unit or premises on which a building is located and is used or intended
to be used for commercial purposes shall sell, transfer, grant, mortgage
with right of occupancy, lease, rent, let or otherwise dispose of
such property to another until a certificate shall first have been
obtained from the Department of Community Development/Division of
Housing stating that the building and premises comply with the requirements
of this article. The certificate shall be valid for 120 days from
the date of its issuance. The provisions of this section and the penalties
imposed for its violation shall bind any person occupying such premises
or contracting with the owner for occupancy of premises by another.
The requirements of this section shall be binding upon any owner and/or
person with right of occupancy who proposes to grant permission to
occupy the premises to another or who proposes to change the occupants
of the premises, whether there is a formal sale or lease or not. The
certificate described above shall be required in all cases where the
occupancy of the dwelling unit is changed. This section is binding
upon the new occupant, as well as the party granting the right of
occupancy to a new occupant, and upon the owner equally.
B.
A commercial certificate of occupancy (CCO) will not
be granted to any establishment without the owners and/or operators
of the establishment submitting letters that they have secured approvals
from the Zoning Officer, Fire Official and Board of Health Officer
for change in tenancy, ownership, use or occupancy.
C.
All newly constructed buildings and units, under a
valid UCC permit, as issued by the Construction Official, are exempt
from securing a CCO.
A.
Any person who violates any provision of or order
promulgated under this article shall, upon conviction thereof, be
punishable by one or more of the following: a fine not exceeding $2,000
or imprisonment for a period not exceeding 90 days or a period of
community service not exceeding 90 days at the discretion of the Judge
of the Municipal Court. Any person convicted under this article, and
subject to a fine in an amount greater than $1,250, shall be entitled
to:
B.
Subsequent to the thirty-day period, a fine greater
than $1,250 may be imposed if a court has not determined otherwise
or, upon reinspection of the property, it is determined that the abatement
has not been substantially completed.
