[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 16-80 (Secs. 13-1 and 13-2 of the 1987 Revised General Ordinances)]
[Amended 3-10-2008 by Ord. No. 2008-7; 12-27-2017 by Ord. No. 2017-43]
[Amended by Ord. No. 1987-8; Ord. No. 2005-11; 3-10-2008 by Ord. No. 2008-7; 9-28-2016 by Ord. No. 2016-19; 10-23-2019 by Ord. No. 2019-68]
A certain document, marked and designated as "The 2018 International
Property Maintenance Code," as published by the International Code
Council, Inc., is hereby adopted as the property maintenance code
of the Borough of Red Bank for the control of buildings and structures
as provided in the code; and each and all of the regulations of International
Property Maintenance Code are adopted and made a part of this article
as fully as if set forth in this article. Three copies of this code
are on file in the Office of the Borough Clerk. The terms "certificate
of occupancy" and "certificate of compliance" shall be synonymous.
[Added by Ord. No. 1987-8; amended by Ord. No.
1989-8; Ord. No.
1989-19; Ord.
No. 2004-5; Ord.
No. 2005-11]
A.
Article I, Section 102.1 is hereby amended by adding the following sections:
(1)
Article I, Section 102.1A.
(a)
It shall be unlawful for the owner, real estate agent or broker firm,
company, partnership, corporation or person or persons to sell, rent,
transfer, grant, lease, assign, sublease, let, release or relet or
otherwise dispose the ownership or occupancy thereof, whether or not
for a consideration and whether such disposal or transfer of ownership
or occupancy thereof be temporary or permanent, any commercial, industrial
premises, dwelling, multifamily dwelling, dwelling unit, hotel, motel,
boardinghouse, rooming unit, rooming house, or premises on which a
building is located and is used or intended to be used for human occupancy,
until a certificate of occupancy is obtained from the Code Enforcement
Officer, stating that the building and premises comply with the requirements
of this code. Any person occupying such premises or any person contracting
with the owner for occupancy of the premises by another shall be bound
by the provisions of this paragraph and the penalties imposed for
the violation of the same.
(b)
In addition to and exclusive of any certificate of occupancy issued pursuant to the provisions of Subsection A(1)(a) above, no dwelling unit shall be continued to be occupied unless the same, together with all common areas as regulated hereunder, shall have been inspected and issued a certificate of occupancy at least once every 60 months whether the inspection shall be conducted by the State of New Jersey under applicable state statutes or the Borough of Red Bank pursuant to this chapter.
(c)
Notice by owner required. The owner of any dwelling or dwelling
unit or part thereof subject to the provisions of this paragraph,
Section 102.1A, (1), (2), shall be required to give a minimum notice
of 14 calendar days to the Department of Code Enforcement for the
purpose of a compliance inspection prior to the issuance of a certificate
of occupancy.
(d)
This Section 102.1A shall not apply to the sale or transfer of single-family dwellings that are owner-occupied or to be owner-occupied upon sale or transfer. For the sale or transfer of owner-occupied single-family dwellings, only a certificate of CSDCMAC under Borough Code § 361-8K shall be required.
[Added 2-13-2019 by Ord.
No. 2019-04]
(2)
Article I, Section 102.1B, Certificate of Occupancy Required.
(a)
It shall be unlawful for any premises, subject to the provisions
of Section 102.1A, to be occupied until such time as a certificate
of occupancy has been issued by the Department of Code Enforcement.
The certificate of occupancy so issued shall state that the occupancy
complies with the provisions of this code. This section does not apply
to any occupancy in existence at the time of the adoption of this
code.
(b)
Rental Inspection Fee Schedule for a certificate of occupancy
required by Section 103.6A shall be the following:
[1]
Fifty dollars per rental dwelling or rental dwelling unit.
[2]
Twenty-five dollars per rental unit for a hotel, motel, boarding
house, rooming unit, rooming house.
[3]
One hundred dollars per rental unit, building or premise for
a commercial and/or industrial building or premises.
[4]
Reinspection. Upon second reinspection and failure, the fee
shall be $50 for residential (R-1, R-2, R-3), $75 for all other use
groups.
(c)
Inspection Fee Schedule for a certificate of occupancy required
by Section 102.1A upon the sale, transfer, mortgage, lease or otherwise
disposed of shall be the following:
[1]
One- or two-family dwellings: $100 a dwelling unit. Multifamily
dwellings (three or more), the fee shall be $25 a unit, provided the
minimum fee shall be $200 a building. In such case, a single unit
is sold under the condominium form of ownership, the fee shall be
$50 a unit.
[2]
Commercial and industrial buildings and premises: $150 from
0 to 10,000 square feet, $250 from 10,001 square feet to 25,000 square
feet, $250 from 25,001 square feet to 150,000 square feet, $300 from
150,001 square feet to 500,000 square feet, $500 flat for over 50,000
square feet.
[3]
Reinspection. Upon second reinspection and failure, the fee
shall be $50 for residential (R-1, R-2, R-3), $100 for all other use
groups.
(d)
In the case of sale of owner-occupied structures containing
two to three dwelling units, the Code Enforcement Officer may issue
a conditional certificate of occupancy. The conditional certificate
of occupancy may only be issued if disclosure of all defects is made
to a prospective purchaser prior to the entering into a binding commitment
to sell, and if:
[Amended 2-13-2019 by Ord. No. 2019-04]
[1]
Satisfactory proof is given that financial difficulties make
it impossible to effect immediate compliance, in which case, outstanding
violations shall be checked at periodic intervals;
[2]
Weather conditions prevent compliance, in which case, violations
shall be corrected as soon as the weather permits;
[3]
The violations are not classified by the Public Officer as creating
an immediate danger to life and health, or as violations that may
have a blighting influence on the immediate neighborhood; or
[4]
The transfer is between members of an immediate family, through
the distribution of an estate, or by judicial sale;
[5]
If a certificate of compliance has been issued within the six
months period immediately prior to a request for such certificate,
a copy of the prior certificate will suffice to meet the requirements
of this section.
(3)
Article I, Section 102.1C. A conditional certificate of occupancy may be granted on the following conditions:
(a)
That there are no defects causing the hazard of fire, accident
or other calamities: lack of adequate ventilation; lack of adequate
heat, light or sanitary facilities; dilapidation, disrepair, structural
defects or uncleanliness, so as to tend to cause or spread disease
or harbor insects, rodents or vermin.
(b)
That there are no defects in any vital facility such as broken
toilets, lack of hot or cold running water, lack of heat or light,
or broken windows.
(c)
That there are no defects which would constitute a threat to
health, safety or welfare or whose repair would be a major inconvenience
to the tenant after occupancy. An illustrative, but not exhaustive,
list of the foregoing includes:
[1]
Broken or loose glass or handrails.
[2]
Falling plaster or wall board; rotten, saturated, cracked, or
damaged walls or ceilings where the possibility exists that there
may be collapse of any part thereof or injury from falling objects.
[3]
Sharp protrusion of woodwork, metalwork, lathing, screws or
nails, warped floors, doors, windows or frames.
[4]
Exposed electrical wiring or switches, steam and hot water pipes,
gas or water leaks or inoperable drains.
[5]
Unsecured lighting fixtures, shelves or cabinets.
[6]
Flooring, stairs, or landings which are loose, not level, rotten,
or damaged.
[7]
Presence of garbage, sewage, accumulated foreign matter or vermin.
[8]
A dirty oven or any condition interfering with proper gas distribution
or use, or which might promote a fire.
[9]
Heat or heat fixtures which do not work properly, fail to open
or close, or have inoperable valves, switches, or other devices.
[10]
Any lock to which a prior tenant or other person has been issued
a key (excluding the landlord and his authorized management) or which
does not adequately secure the premises.
(4)
Article 1, Section 102.1D. Post-Inspection Notification. Upon completion
of any inspection, the landlord, agent or broker shall be informed
in writing by the Department of Code Enforcement as to the result
of the inspection. In the event that an apartment receives either
a conditional certificate of occupancy or fails the inspection, the
Department of Code Enforcement shall provide the owner, agent or broker
with written information from which they will know the nature of the
necessary repairs. A copy of this information shall be posted prominently
in the rental unit.
(5)
Article 1, Section 102.1E. Responsibilities.
(a)
The owner of the inspected property shall be responsible for the
correction of violations of this code and applicable ordinances, laws
and codes as indicated in the written notice of violation by the Department
of Code Enforcement to the owner. Upon correction of the violations,
the owner of the inspected property shall notify the Department of
Code Enforcement in order that a reinspection may be made. This procedure
shall be followed and repeated until violations have been corrected.
(b)
This section shall not be construed so as to relieve any person,
firm or corporation from any penalty heretofore incurred by the violation
of any other applicable laws or ordinances nor bar prosecution for
any such violation.
(c)
The Borough of Red Bank makes no guarantee or warranty as to the
conditions of buildings, dwellings or common areas inspected, nor
does the Borough assume any liability in the inspection and in certification
of compliance.
B.
Article
3, Section 302.4. The height of all weeds, grass, and other vegetative
growth shall be no higher than 10 inches.
[Added 3-11-2020 by Ord. No. 2020-03]
C.
Article
3, Section 304.14. Insect screens shall be installed and secured in
windows at all times.
[Added 3-11-2020 by Ord. No. 2020-03]
[Adopted by Ord. No. 1998-29 (Ch. XV of the 1987 Revised General Ordinances)]
A.
Statutory authorization. This article adopted pursuant to N.J.S.A.
40:48-1 et seq. to promote the public health, safety and general welfare
of its citizenry.
B.
Findings of fact. Residents and property owners who fail to comply
with requests to abate nuisances or correct defects, or fail to put
premises in proper condition so as to comply with requirements of
any municipal ordinance or state law applicable thereto, create conditions
which result in loss of life and property, health and safety hazards,
and disrupt the general welfare of the neighbors and the community
and impair the tax base, all of which adversely affects the public
health, safety and welfare.
C.
Statement of purpose. It is the purpose of this article to promote
the public health, safety, and general welfare and to minimize public
and private losses by authorizing the Borough to abate or correct
an immediate condition when the property owner or other responsible
parties fail to abate nuisances or correct defects so that premises
comply with the requirements of applicable law.
A.
Abatement of nuisance, correction of defect. The Borough of Red Bank,
by resolution of its governing body, may abate a nuisance, correct
a defect, or put premises in proper condition so as to comply with
the requirements of any municipal ordinance or state law applicable
thereto.
B.
Municipal expenditures at the cost of the owner or lessor. The expenses
of the municipality for abatement or correction of defects shall also
be recoverable from the owner or lessor of the premises and shall
be a lien against the premises and collectible similar to a municipal
tax lien. Said expenses shall be fixed and determined by resolution
adopted by the Mayor and Council.
A.
Notice issue. The Borough Administrator, or his designee, shall report
to the Mayor and Council the existence of any nuisance or defect of
premises that fail to comply with any municipal ordinance or state
law, which nuisance or defect adversely affects the public health,
safety and welfare. If the Mayor and Council are of the opinion that
the condition at such premises are such that the municipality should
abate, correct or otherwise put the premises in proper condition to
comply with the applicable laws then, in such event, the Borough Administrator
shall notify the owner, lessor or occupant of the property in writing
to put the premises in proper condition so as to comply with the requirements
of any municipal ordinance or state law applicable thereto.
B.
Noncompliance of notice. In the event the owner, lessor or occupant
neglects or refuses to abate the nuisance or correct the defect, or
put the premises in proper condition within 10 days of the date of
the notice, or within any other time specified in such notice, the
required abatement or condition may be done by the Borough, or the
Borough's designee, at the cost and expense of the owner, lessor or
occupant, jointly and severally.
C.
Service of notice. The notice required by this section shall be served
upon the owner, lessor or occupant residing in the Borough by personal
service or by leaving the same with a member of that person's family
over the age of 14 years at the place of that person's residence.
The notice shall be served upon any owner or lessor not residing in
the Borough either by personal service or by mailing the same to such
person at the last known post office address, or by service upon the
occupant, manager or agent of the owner in charge of the property.
In the event the owner, lessor or occupant is unknown, or service
hereinabove provided cannot for any reason be made, service may be
had by publication in an official newspaper of the Borough, which
publication shall be at least once and not less than 10 days before
the proposed municipal action to abate or correct. In addition to
the above, such notice shall be posted at the premises in question.
