[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.]
GENERAL REFERENCES
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:
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.[1]
Any person or persons in actual possession of and living
in the residential dwelling unit.
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.
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.
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.
The International Property Maintenance Code, 2009 Edition.
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.
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; 5-13-2019 by Ord. No. 2019-9]
Prior to any residential dwelling unit or residential apartment
complex or unit being sold or leased or any part thereof, the owner
of the residential dwelling unit, apartment complex or unit 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. The notice shall be accompanied
with an inspection fee of $75 for each apartment in a complex being
sold or leased and $75 per residential dwelling unit sold or leased.
These inspection fees shall include one reinspection. If any additional
reinspections are needed, there shall be a $25 reinspection fee. Inspections
must be scheduled at least five calendar days prior to the settlement
date or renter's move in date. Requests for inspection received
four calendar days or less prior to settlement or renter's move
in date will require an inspection fee of $125 for apartments and
residential dwellings.
[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.
