[HISTORY: Adopted by the Township Council of the Township of Eastampton 11-24-1987 by Ord. No. 1987-21 (Ch. 71 of the 1974 Township Code). Amendments noted where applicable.]
Brush, grass, weeds and trash — See Ch. 167.
Unfit buildings — See Ch. 179.
Uniform construction codes — See Ch. 205.
Housing standards — See Ch. 307.
Littering — See Ch. 330.
Public health nuisances — See Ch. 347.
Solid waste — See Ch. 444.
Streets and sidewalks — See Ch. 456.
Trees — See Ch. 499.
As used in this chapter, the following terms shall have the following meanings:
- ENFORCEMENT OFFICIAL
- The Township Construction Official, the Township Zoning/Code Enforcement Officer or any other local official duly authorized and appointed by the Township Council to perform the duties set forth in this chapter.
- Any person or persons in actual possession of and living in the residential dwelling unit.
- OWNER OF APARTMENT COMPLEX
- Any person who owns, purports to own or is properly authorized to exercise powers of or for an owner of property used as a residential apartment complex.
- OWNER OF DWELLING UNIT
- Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession, regardless of how such possession was obtained.
- PARTIES IN INTEREST
- All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
- A lot, plot or parcel of land, including the buildings or structures thereon.
Every residential dwelling unit, residential apartment complex, industrial building or commercial building and the premises on which it is situated, used or intended to be used for dwelling or commercial purposes shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this chapter, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the premises, for the construction or repair of the building or the installation or repair of facilities prior to the effective date of this chapter. This chapter shall also apply to mobile home parks.
In any case where the provisions of this chapter impose a higher standard than set forth in any other local ordinances or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but, if the provisions of this chapter impose a lower standard than any other local ordinances or the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
No license or permit or other certification of compliance with this chapter shall constitute a defense against any violation of any local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision nor any official of the Township of Eastampton from enforcing any such other provision.
[Amended 11-22-1993 by Ord. No. 1993-22; 6-25-1996 by Ord. No. 1996-03]
A certain document, three copies of which are on file in the office of the Township Clerk, being known and designated the "International Property Maintenance Code, 2009 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Township of Eastampton for the control and maintenance of residential dwelling units and residential apartment complexes as defined herein, and each and all of the regulations of the International Property Maintenance Code, 2009 Edition, are hereby referred to, adopted and made a part hereof as if fully set forth herein.
No person shall sell or transfer any residential dwelling unit, residential apartment complex or commercial or industrial building for the purpose of living or working therein which is not safe, clean and fit for human occupancy, which does not comply with and conform to the provisions of the Property Maintenance Code hereby established as the standard to be used in determining whether a residential dwelling unit, residential apartment complex, commercial building or industrial building is safe, sanitary and fit for human habitation and until that person has obtained a certificate of occupancy.
[Amended 5-18-1995 by Ord. No. 1995-04; 12-20-1999 by Ord. No. 1999-12]
Prior to any residential dwelling unit, residential apartment complex or unit, commercial building or industrial building being sold or leased or any part thereof, the owner of the residential dwelling unit, apartment complex, commercial building or industrial building shall give written notice thereof to the Township enforcement official. This notice shall contain the name and address of the owner and/or new owner or tenant and, if a notice is given by someone on behalf of the owner, that person's name and address. The notice shall also describe the premises to be occupied. An inspection fee of $40 for each apartment in a complex being sold or leased, $40 per residential dwelling unit sold or leased, $15 for reinspection of residential dwelling unit being sold or leased, $15 for reinspection of each apartment in a complex and $40 for each commercial or industrial building and $15 for reinspection of commercial or industrial building shall accompany the notice.
[Amended 12-11-2000 by Ord. No. 2000-10]
Within 10 working days of receipt of the notice and fee as set in § 385-7, the enforcement official shall make an investigation of the premises. Said inspection shall be made for the purpose of determining the conditions of commercial buildings, industrial buildings, residential dwellings and apartment complexes in order that the enforcement official may perform his duties of safekeeping the health and safety of the occupants of the Township of Eastampton. For the purpose of making such inspections, the enforcement official is hereby authorized to enter, examine and survey at all reasonable times all residential dwelling and apartment complexes, commercial buildings and industrial buildings and all rooms therein. If the commercial building, industrial building, residential dwelling or apartment complex complies with the requirements of § 385-5 hereof, the enforcement official shall issue a written certificate of occupancy. If the residential dwelling, apartment complex, commercial building or industrial building unit does not comply with the requirements, then no certificate of occupancy shall be issued, but the enforcement official shall issue a written notice of defect specifying any violations of the requirements. Each certificate and notice shall be dated, and a duplicate copy shall be retained by the enforcement official. In the event of a notice of defect, it shall be served upon the owner and the parties in interest either personally or by leaving a copy thereof at his usual place of abode in the presence of a member of the family, and he shall be informed of the contents thereof, or, if not found, by registered or certified mail, return receipt requested, to his last known address. No certificate shall be issued unless the issuing official receives a sealed survey or a copy of a sealed survey.
Upon the inspection of any residential dwelling, apartment complex, commercial building or industrial building, the enforcement official, in his discretion, may cause to be issued a temporary certificate of occupancy conditioned upon the owner removing any conditions which violate the standards set forth in § 385-5 within a reasonable period of time not to exceed 30 days from the issuance of said certificate. Upon removal of the violations by an owner who has received a temporary certificate of occupancy, the enforcement official shall issue a permanent certificate of occupancy.
[Amended 12-20-1999 by Ord. No. 1999-12]
A certificate of occupancy shall remain in effect for as long as the occupant of the commercial building, industrial building, residential dwelling or the owner of the apartment complex or unit for which said certificate has been issued remains unchanged, provided that, notwithstanding the foregoing, nothing in this chapter shall operate to prevent any other duly authorized official or employee of the Township of Eastampton or State of New Jersey from inspecting any premises for which a certificate of occupancy has been issued and from exercising its power to correct violations of any housing, zoning or building codes or any other applicable laws or ordinances found to exist on such premises and to prosecute any persons for such violations.
If the inspection is not made by the enforcement official and neither a certificate of occupancy nor a notice of defect is issued to the owner within 15 days of the application for certificate of occupancy, the owner may permit the residential dwelling unit, apartment complex, commercial building or industrial building to be sold, but subject to the right of the enforcement official to inspect said residential dwelling, apartment complex, commercial building or industrial building and, if a violation is found, to require the owner to correct said violation within 30 days of receipt of notice thereof.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code. For purposes of this chapter, each day shall constitute a separate offense.