Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 66, Art. III, of the 1994 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit or abandoned buildings — See Ch. 146.
Uniform construction codes — See Ch. 167.
Fees — See Ch. 215.
Fire prevention — See Ch. 228.
Nuisances — See Ch. 317.
Property maintenance — See Ch. 362.
Solid waste — See Ch. 420.
[Amended 5-6-2009 by Ord. No. 09-011]
A. 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the main building, and which is attached thereto or located on the same premises.
APPROVED
As applied to a material, device or method of construction, approved by the Construction Official under the provisions of this chapter or approved by other authority designated by law to give approval in the matter in question.
BASEMENT
That portion of a building located partly underground but having half or more than half of its clear floor-to-ceiling height above the average grade of the adjoining ground.
BATHROOM
A room which has a floor area, including fixtures, of at least 35 square feet and which contains a minimum of one flush water closet, one washbasin and one bathtub or shower stall.
BOARDINGHOUSE
Any private dwelling or dwelling unit where the owner, tenant or operator thereof is engaged in keeping one or more roomers or boarders who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner, tenant or operator, or of the spouse of the owner, tenant or operator, and in serving food to some or all of such lodgers, for a part of a day or longer period, under expressed contract or rate of payment.
BUILDING
Any building or structure, or part thereof, used for human habitation, use or occupancy and shall include any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
BUILDING CODE
The building code officially adopted or authorized by the state legislature for the regulation of construction, alteration, additions or repairs.[1]
CELLAR
That portion of a building located partly or wholly underground and having more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
CHIEF HOUSING INSPECTOR
The official designated herein or otherwise charged with the responsibilities of administering this chapter, or his/her authorized representative.
[Added 12-18-2018 by Ord. No. 18-068]
DWELLING
Any building which is wholly or partly used or intended to be used for toilet and bathing needs and for living, sleeping and cooking by human occupants.
DWELLING UNIT, APARTMENT, FLAT AND LIVING UNIT, AND OTHER SIMILAR DESIGNATIONS
Any room or group of rooms located within a dwelling or building and forming a single habitable unit for one or more persons for the purpose of living, sleeping, cooking and toilet and bathing needs.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION
The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison, spraying, fumigating, trapping or by any other approved pest elimination methods.
FAMILY
One or more persons occupying a dwelling unit as a nonprofit single housekeeping unit living together as a stable living unit under a common housekeeping management plan based on an intentionally structured relationship which contemplates permanency and provides organization and structure.
[Amended 7-18-2017 by Ord. No. 17-029]
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GROSS FLOOR AREA
The total of all habitable space in a building or structure.
HABITABLE ROOM
A room or enclosed floor space arranged for living, eating and sleeping purposes, not including kitchen, kitchenette, living room, dining room, bathroom, water closet compartment, laundries, pantries, foyers, hallways and other accessory floor space.
HOTEL
A building arranged or used for sheltering, sleeping or feeding more than 20 individuals for compensation.
HOUSING INSPECTOR
A legally designated Housing Inspector of the Township as provided for in provisions of Chapter 5, Administration of Government, of the Code of the Township of Hamilton pertaining to the Department of Community Planning and Compliance or any other duly authorized officer of the Department of Community Planning and Compliance.
INFESTATION
The presence, within or around a dwelling, of any insects, rodents or other pests.
LANDLORD
The legal entity listed upon the title as it appears in the public records after the deed is properly recorded.
LANDLORD LICENSE
A license issued by the Township of Hamilton authorizing the license holder to maintain, operate, or otherwise conduct the business of landlord in the Township of Hamilton.
MULTIPLE DWELLING and APARTMENT HOUSE
Any dwelling containing more than two dwelling units.
OCCUPANT
Any person over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a building or part thereof in which dwelling units or rooming units are let.
OPENABLE AREA
That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OWNER
Any person who, alone or jointly or severally with others:
(1) 
Shall have legal title to any dwelling, dwelling unit, hotel, motel, rooming house, rooming unit or boardinghouse, with or without accompanying actual possession thereof; or
(2) 
Shall have charge, care or control of any dwelling, dwelling unit, hotel, motel, rooming house, rooming unit or boardinghouse as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
OWNER'S AGENT
An agent for service of process, but not a real estate agent unless specifically stated.
PERSON
Includes any individual, firm, corporation, association, partnership or other entity.
PLUMBING
Includes all of the following supplied piping, facilities and equipment: the house sewer from the septic tank, cesspool, curb or property line to the building foundation; the water service from the curb or property line to the building foundation, or from the well to the building foundation; the system of soil, vent and waste pipes from their connection at the foundation to the house sewer, to their connections to the various plumbing fixtures and to their termination through the roof; all hot water and cold water lines in the dwelling or building; every plumbing fixture, trap, floor drain or any fixture directly or indirectly connected to the plumbing system; the gas piping from the gas meter to the connections to the various gas appliances; and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PROPERTY MANAGEMENT ACTION PLAN ("PMAP")
A plan developed between the Mayor or his designee and the landlord to ensure compliance with all applicable local, state, and federal laws.
RENTAL UNIT
Any residential dwelling unit occupied by persons other than the landlord and for which rent is paid to the landlord thereof, including individual units in all types of dwellings defined in this section, including boardinghouses, lodging houses, tourist houses, habitable rooms, multifamily apartment houses, residence buildings and rooming houses.
RESIDENCE BUILDINGS
A building in which sleeping accommodations and cooking facilities, as a unit, are provided, except when classified as an institution under the building code.
ROOMING HOUSE
Any dwelling or part of any dwelling containing one or more rooming units in which space is let by the operator to one or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner, tenant or operator, or of the spouse of the owner, tenant or operator.
ROOMING UNIT
A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping and having a private bathroom or the use of a common bathroom with other rooming units in the same building, within the meaning of this chapter, but such rooming units shall not be used for cooking or eating purposes.
RUBBISH
Combustible and noncombustible waste material, including boxes, barrels, sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old sheet metal, old furniture, unused motor vehicles and boats, auto parts, tires, unused bicycles and bicycle parts, filth, junk, trash, debris, old lumber or firewood, unless such lumber or firewood is neatly stacked or piled on supports or a platform at least eight inches above the ground. It shall also include weeds or grass that have attained a growth of more than 10 inches in height. It shall also include diverse or sundry articles which the Housing Inspector, in his judgment, shall declare to be rubbish.
STUDIO APARTMENT
A zero-bedroom apartment consisting of a main room, kitchenette and bathroom.
SUPPLIED
Paid for, furnished or provided by or under the control of the owner or operator.
TWO-FAMILY DWELLING
A building containing two independent dwelling units.
VENTILATION
The process of supplying and removing air by natural or mechanical means to or from any space.
WORKMANLIKE
Whenever the words "workmanlike state of maintenance and repair" are used in this chapter, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.
YARD
An open unoccupied space on the same lot with a building extending along the entire length of a street, or rear or interior lot line.
[1]
Editor's Note: See Ch. 167, Construction Codes, Uniform.
B. 
Whenever the words "dwelling," "dwelling unit," "flat," "semidetached house," "row house," "apartments," "living unit," "rooming house," "hotel," "motel," "rooming unit," "boardinghouse" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
C. 
Terms defined in building code. Where terms are not defined in this section and are defined in the building code, they shall have the meanings ascribed to them in the building code.
[Amended 5-6-2009 by Ord. No. 09-011]
A. 
The Director of Community Planning and Compliance is hereby directed to make inspections to determine the condition of dwellings, dwelling units, hotels, motels, rooming units, boardinghouses and premises located in the Township in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Director of Community Planning and Compliance is hereby authorized to enter, examine, inspect and survey, at any time deemed necessary by him, all dwellings, dwelling units, hotels, motels, rooming units, boardinghouses and premises. The owner or occupant of every dwelling, dwelling unit, hotel, motel, rooming unit, boardinghouse or its premises, or the person in charge thereof, shall give the Director or his agent free access at all reasonable times for the purpose of making such inspection, examination and survey. Every occupant of a dwelling, dwelling unit, hotel, motel or rooming unit shall give the owner thereof or his agent or employee access to any dwelling, dwelling unit or rooming 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 other ordinances in force in the Township or of state statutes pertaining to health.
B. 
No inspection of any dwelling or premises shall include an inspection of any swimming pool or any other artificial structure meant to contain water for swimming unless such structure shall exist entirely within the confines of the foundation of a dwelling.
C. 
Interference with inspection. No person shall refuse entrance to or impede an inspector or officer authorized under this chapter in the performance of his/her duties. If any owner, occupant or other person in charge of a dwelling, dwelling unit or rooming unit or a multifamily or rooming house subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this chapter is sought, such person shall be in violation of this chapter and subject to the penalties hereunder.
D. 
Search warrant. The Chief Housing Inspector may, upon affidavit, apply to the Municipal Judge of the Township for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises. If the Municipal Judge is satisfied as to the matter set forth in the affidavit, (s)he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Amended 12-18-2018 by Ord. No. 18-068]
[Amended 6-18-2008 by Ord. No. 08-040; 5-6-2009 by Ord. No. 09-011; 12-1-2010 by Ord. No. 10-039]
A. 
Prior to any change in occupancy of any house, hotel, dwelling, dwelling unit, rooming house, rooming unit, boardinghouse, motel, apartment unit or premises which is used, partially used or intended to be used for human occupancy, a certificate of approval shall first have been obtained from the office of Housing Inspections, stating that the building and premises comply with the requirements of the Township ordinances. In the case of a hotel or motel, this section shall only apply in those cases involving permanent, rather than transient, residence.
[Amended 12-18-2018 by Ord. No. 18-068]
B. 
An inspection shall be obtained either by the owner or the owner's agent prior to a change in occupancy and shall be performed by the Office of Housing Inspections for the purpose of determining if a certificate of approval may be issued.
[Amended 12-18-2018 by Ord. No. 18-068]
C. 
Inspections pursuant to Subsection B of this section shall be conducted using the following criteria:
(1) 
All violations of Township ordinances shall be reflected in the inspection report in order to provide notice to the owner or prospective owner or occupant of such violations.
(2) 
A violation of the plumbing code which poses a positive or obvious major threat to the health, safety or welfare of any potential occupancy, a violation of the electrical code which poses a positive or obvious major threat to the health, safety or welfare of any potential occupancy, or any other condition which poses a positive or obvious threat to the health, safety or welfare of any potential occupancy shall be deemed a major violation of the housing code and shall be designated to the owner, potential owner or occupant separately on the inspection report.
(3) 
For any property sold or transferred where the existing sidewalks are in need of repair or replacement as solely determined by the Chief Housing Inspector, the sidewalks shall be repaired or replaced to the satisfaction of the Chief Housing Inspector prior to the issuance of a certificate of occupancy.
[Added 7-19-2016 by Ord. No. 16-024; amended 12-18-2018 by Ord. No. 18-068]
D. 
Violations of the kind described in Subsection C(2) of this section must be corrected by the owner of the unit before the issuance of a certificate of approval for occupancy. The responsibility for correction of a violation of the housing code which is not a major violation may, except in the case of a rental, be assumed by the buyer, with the written notification and approval of the seller, buyer and the Chief Housing Inspector. At the time of such assumption of responsibility, a conditional certificate of approval may be issued, and the violations shall be corrected by the buyer within 30 days of the date of issuance of the conditional certificate of approval for occupancy. The Director of Community Planning and Compliance may grant an extension not exceeding 30 days for just cause.
[Amended 12-18-2018 by Ord. No. 18-068]
E. 
An unconditional certificate of approval shall be issued by the Office of Housing Inspections at such time as the Chief Housing Inspector and his/her designee is satisfied that all violations have been corrected.
[Amended 12-18-2018 by Ord. No. 18-068]
F. 
The completed certificate of approval shall contain the names of both the seller or landlord and the buyer or tenant. One copy of the completed certificate of approval as provided by the Township shall remain each with the seller or landlord and the buyer or tenant.
G. 
In the case of a rental, the landlord shall ensure that the tenant shall sign a tenant's receipt as provided by the Township upon receiving the tenant's copy of the certificate of approval. The landlord shall then, within 10 days, upon securing the tenant's signature, forward the signed tenant's receipt to the Chief Housing Inspector.
[Amended 12-18-2018 by Ord. No. 18-068]
H. 
A certificate of approval for occupancy is valid for the authorization of occupancy for a period of 90 days after issuance. The Director of Community Planning and Compliance may authorize extensions of 30 days only upon presentment of sufficient proof that the extension is necessary due to unforeseeable circumstances beyond the control of parties involved.
I. 
The purpose of this section is to continue to ensure compliance with the various Township ordinances and the housing code in order to maintain high standards of housing both for homeowners and apartment dwellers within the Township. However, the Township, by this section, is not acting as a guarantor of any property insofar as any potential owner or occupant is concerned, nor shall the Township be considered to be involved in any manner in the contractual relationships between the parties.
J. 
Requirements for resale of residential property with potable well and individual sewage disposal systems:
[Amended 10-1-2013 by Ord. No. 13-040]
(1) 
Contact a certified laboratory for sample collection and have the water tested for parameters set forth in accordance with the Private Well Testing Act regulations (N.J.A.C. 7:9E). Total coliform results are good for six months. All other required parameters are good for one year.
[Amended 11-20-2018 by Ord. No. 18-058]
(2) 
Contact a licensed septic contractor or home inspection service to perform an inspection of the individual sewage disposal system. The inspection report shall indicate the system is functioning properly. Results are only valid for a period of nine months.
[Amended 3-20-2002 by Ord. No. 02-009; 6-18-2008 by Ord. No. 08-040; 5-6-2009 by Ord. No. 09-011; 7-18-2017 by Ord. No. 17-029]
A. 
For each initial inspection and one reinspection for all unit types, except Township registered rental units, the fee shall be as set forth in Chapter 215, Fees, of the Township Code.
B. 
For each additional reinspection beyond the first reinspection in all unit types, except Township registered rental units, the fee shall be as set forth in Chapter 215, Fees, of the Township Code.
C. 
For Township registered rental units, the fee for the initial inspections shall be as set forth in Chapter 215, Fees, of the Township Code.
D. 
For each additional reinspection of Township registered rental units, the fee shall be as set forth in Chapter 215, Fees, of the Township Code.
E. 
For each smoke detector, sewer or multifamily certification inspection, the fee shall be as set forth in Chapter 215, Fees, of the Township Code.
F. 
Should an inspector arrive for a scheduled inspection and no adult is present to grant access, the full amount of the inspection fee shall be charged and the landlord/owner will be required to reschedule the inspection at a fee of as set forth in Chapter 215, Fees, of the Township Code.
[Amended 5-6-2009 by Ord. No. 09-011]
A. 
Notice on lease form. Every owner and operator of a rental unit, multiple dwelling or apartment house containing two or more dwelling units shall be responsible for ensuring that the following notice is printed, stamped, typed or otherwise permanently provided on all copies of any lease form or certificate of approval presented to the tenant for his review and signature:
Township regulations require that all apartment units be inspected whenever there is a change of occupant. A copy of the certificate of approval must be presented to the new tenant. In addition, a summary of tenant's rights and responsibilities is available at (location) for inspection by the public (when available).
B. 
Office sign.
(1) 
Every owner and operator of a rental unit, multiple dwelling or apartment house containing two or more dwelling units shall be responsible for ensuring that the following or a similar notice, printed on a sign provided by the Township, is posted in a conspicuous place or in the owner's or agent's onsite office:
Township regulations require that all rental units be inspected whenever there is a change of occupant. A copy of the certificate of approval must be presented to the new tenant. In addition, a summary of tenants' rights and responsibilities is available at (location) for inspection by the public (when available).
(2) 
Signs bearing this notice shall be provided by the Office of Housing Inspections for a reasonable fee. Substitutes may be used only if they are an exact likeness.
[Amended 12-18-2018 by Ord. No. 18-068]
C. 
Landlord-tenant guide. Every owner and operator of a multiple dwelling or apartment house containing two or more dwelling units shall be responsible for ensuring that copies of a booklet entitled "A Guide to the Landlord-Tenant Relationship" are purchased and made available at a location and times which allow reasonable opportunity for inspection by tenants, with the location and times to be written in the spaces provided on the signs described in Subsections A and B of this section. The minimum number of copies required is two copies, plus one copy for each 50 units above the first 50 units owned. Copies of the booklet are available for a fee through the following address: Division of Housing and Urban Renewal, New Jersey State Department of Community Affairs, 363 West State Street, Trenton, New Jersey 08625.
A. 
Notice of violation.
(1) 
Whenever the Director of Community Planning and Compliance or the Chief Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of § 268-3, notice of the alleged violation shall be given to the owner, owner's agent or occupant. Such notice shall:
[Amended 12-18-2018 by Ord. No. 18-068]
(a) 
Put in writing the various violations and section and subsection violated.
(b) 
Be served personally on the owner, owner's agent or occupant, or be sent by registered mail to the last known address of the owner, owner's agent or occupant, or a copy thereof shall be posted on the building where the violations occur, or such notice shall be served by any other method authorized under the laws of the state.
(2) 
Whenever the Director of Community Planning and Compliance or the Chief Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision other than § 268-3 or any other rule or regulation, notice of the alleged violation shall be given to the owner, owner's agent or occupant responsible, as provided. Such notice shall:
[Amended 12-18-2018 by Ord. No. 18-068]
(a) 
Put in writing the various violations and section and subsection violated.
(b) 
Allow a reasonable time to abate or correct such violations, not to exceed 30 days from the date of notice.
(c) 
Be served personally on the owner, owner's agent or occupant, or be sent by registered mail to the last known address of the owner, owner's agent or occupant, or a copy thereof shall be posted on the building where the violations occur, or such notice shall be served by any other method authorized under the laws of the state.
B. 
Summons.
(1) 
Whenever the Director of Community Planning and Compliance or the Chief Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of § 268-3, the Chief Housing Inspector or his/her designee shall summon the owner or the owner's agent or the occupant before the Municipal Court of the Township or any other court having jurisdiction.
[Amended 12-18-2018 by Ord. No. 18-068]
(2) 
At the expiration of the time given to abate a nuisance or correct a condition set forth in any notice of violation of this chapter except a violation of § 268-3, where a reasonable effort, at the discretion of the Chief Housing Inspector has not been made by the owner, the owner's agent or the occupant to correct the violations enumerated, the Chief Housing Inspector or his/her designee shall summon the owner or the owner's agent or the occupant before the Municipal Court of the Township or any other court having jurisdiction.
[Amended 12-18-2018 by Ord. No. 18-068]
(3) 
Enforcement authority. Inspectors under the authority of the Director of Community Planning and Compliance and/or the Health Officer shall have the authority to issue a notice of violation or summons for any violations found under any section in this chapter. The Hamilton Township Police Division is also authorized herein to issue appropriate summonses.
[Added 2-18-2014 by Ord. No. 14-008; amended 4-1-2014 by Ord. No. 14-017]
Whenever the Housing inspector finds that an emergency exists which requires immediate action to protect the public health, he may, without written notice or hearing, issue a verbal order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Any person to whom such an order is directed shall comply therewith immediately.
[Amended 6-18-2008 by Ord. No. 08-040; 5-6-2009 by Ord. No. 09-011]
No person shall occupy as owner-occupant or let to another for occupancy any dwelling, hotel, motel, rooming house or boardinghouse for the purpose of living therein which does not comply with the following requirements:
A. 
Foundation. Every foundation shall adequately support the building at all points and shall be free of breaks, holes or cracks which make the building unsafe to occupy or which admit rain, cold air, dampness, rodents, insects or vermin.
B. 
Outside walls. The outside building walls shall not have any holes or loose boards or any broken, cracked or damaged finish which admits rain, cold air, dampness, rodents, insects or vermin.
C. 
Doors and windows. Every exterior door, window and cellar or basement entrance shall be reasonably weathertight, watertight and rodentproof and shall open and close easily, and their locks, hinges, pulleys and hardware shall be kept in good repair.
D. 
Interior walls. All interior walls and ceilings shall be so constructed and maintained that there shall not be any cracks, voids or holes which shall provide a harborage for insects or vermin.
E. 
Roof and gutters. Every roof, roof gutter, flashing, rain conductor and roof cornice shall be weathertight and raintight and shall be kept in good repair.
F. 
Exterior wood surfaces. All exterior wood surfaces shall be reasonably protected against the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion.
G. 
Floors. The floor of every room and porch and every inside and outside stair and their supports, and every appurtenance thereto, shall be so constructed and maintained as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in good repair and sound condition.
H. 
Smoke detectors and carbon monoxide detectors. There shall be smoke detectors and carbon monoxide detectors sufficient in numbers to comply with the requirements of the New Jersey Uniform Construction Code, as amended.
I. 
Stairs, porches and railing. Stairs and other exit facilities shall be adequate for safety as provided in the construction code, and shall comply with the following requirements:
(1) 
Structural safety. Every outside stair, every porch and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected, as required by the construction code, and shall be kept in sound condition and good repair.
(2) 
Handrails. Every flight of stairs which is more than four risers high shall have handrails, which shall be located as required by the construction code. Every porch which is more than 36 inches in height high shall have guardrails located and of a design required by the construction code. Every handrail and balustrade shall be firmly fastened and shall be maintained in good condition.
[Amended 12-18-2018 by Ord. No. 18-068]
J. 
Free from dampness. In every dwelling, multifamily dwelling, dwelling unit, rooming house and rooming unit, cellars, basements and crawl space shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure, as required by the construction code.
K. 
Structural members. The supporting structural members of every dwelling and multifamily dwelling used for human habitation shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads, in accordance with the provisions of the construction code.
[Amended 5-6-2009 by Ord. No. 09-011]
No person shall occupy or let to another for occupancy, for the purpose of living therein, any dwelling or dwelling unit which does not comply with the following requirements:
A. 
Occupancy of cellars. Occupancy of cellars for dwelling purposes is prohibited.
B. 
Minimum floor space. Every dwelling and dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 150 square feet of additional floor space for every additional occupant thereof, with the floor space to be calculated on the basis of total habitable room area. The kitchen, bathroom, shed and porch are not to be included in total habitable area.
(1) 
Required space in sleeping rooms. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes of one occupant shall contain at least 90 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
(2) 
Separation of sleeping rooms. Each room occupied for sleeping purposes shall be separated from all other rooms by doors that afford privacy. This provision shall not apply to studio apartments.
(3) 
Occupancy of dwelling units below grade. No cellar space shall be used as a habitable room or dwelling unit.
C. 
Basement space. No basement space shall be used as a habitable room or dwelling unit unless:
(1) 
Floors and walls are weathertight.
(2) 
Total window area, total open area and ceiling height are in accordance with this subsection.
(3) 
Required window area of every habitable room shall be entirely above the grade of the ground adjoining such window area.
D. 
Minimum air space. Every dwelling and dwelling unit, hotel, motel, rooming house and boardinghouse shall provide at least 450 cubic feet of air space for each adult for sleeping purposes. Children shall have at least 350 cubic feet of air space for sleeping purposes. The cubic feet of air space is calculated in the room in which persons sleep and not the total habitable area.
E. 
Use for business purposes. The habitable area of every dwelling and dwelling unit shall not be used for business or commercial purposes, and, if so used, that area used for business or commercial purposes shall be subtracted and shall not be included in the total habitable area.
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:
A. 
Required window area. Every habitable room shall have at least one window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. Skylight-type windows existing on the effective date of this chapter may, if less than 15% of the total floor area, be increased to 15%, but no skylight-type window shall be installed in lieu of a window where a skylight has not previously existed.
B. 
Ventilation. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 50% of the minimum window area size or minimum skylight-type window size as mentioned in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Housing Inspector.
A. 
All garbage kept on the outside of any building subject to this chapter shall be kept in flytight, covered metal garbage containers.
B. 
All garbage shall be drained of its moisture and properly wrapped in heavy paper before such garbage is placed outside. Garbage shall be placed at the curb the morning of garbage pickup. Ashes, bottles, cans and rubbish must be placed at the curb in boxes, baskets, cans or other receptacles easily handled by the garbageman.
C. 
The front, side and back yards and the driveway, walks or other parts of the outside premises of any building, or on any lot on which no building is located, shall not contain any boxes, barrels, sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old sheet metal, old furniture, unused motor vehicles and boats, auto parts, old tires, unused bicycles or parts, filth, junk, rubbish, trash, debris, old lumber or firewood, unless such lumber or firewood is neatly stacked or piled on supports at least eight inches above the ground; nor shall the grass or weeds on such premises be allowed to attain a growth of more than 10 inches. Shrubs and flowering woody plants shall be kept under control and not be allowed to grow beyond the boundaries of the premises on which a building is located. Various and sundry shacks and outbuildings, including toolhouses, storage sheds and garages, shall be repaired or improved so that they shall be aesthetically acceptable or shall be demolished.
D. 
The front, side, and back yards of any lot containing any building shall not contain motor vehicles, except in a driveway or parking area as defined in § 550-7. Such driveways or parking areas are to be designed and constructed pursuant to § 550-119 and maintained in a clean, orderly and dustfree condition.
[Amended 5-3-2016 by Ord. No. 16-017]
E. 
Every fence which wholly or partially encloses premises on which a building is located must be maintained in a manner that is aesthetically acceptable and shall not have broken posts or broken supporting members or have holes or voids in such fence.
[Amended 5-6-2009 by Ord. No. 09-011]
A. 
Every dwelling used or occupied to house individual families living separately for the purpose of living, sleeping, cooking, eating, bathing and defecating must comply with the following supplied requirements: a kitchen sink, flush water closet, washbasin, and bathtub or shower stall. Every kitchen sink, washbasin, bathtub or shower shall be properly connected with supplied water heating facilities which are capable of heating water to such a temperature as to permit an adequate amount of water drawn to each fixture at a temperature of not less than 120° F. Families or individuals living separately in the same dwelling or building cannot share the same bathroom, nor can they share the use of a kitchen.
(1) 
Plumbing facilities. In buildings and structures used for human habitation, water lines, plumbing fixtures, vents, drains, plumbing stacks, waste and sewer lines shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects to prevent structural deterioration and health hazards and capable of performing the function for which they are designed. All repairs and installations shall be made in accordance with the provisions of the construction code or plumbing code.
B. 
Bathroom requirements in hotels, rooming houses and boardinghouses are as follows:
(1) 
In every hotel, rooming house and boardinghouse where separate bathroom accommodations are not supplied for each room or suite, separate bathroom accommodations shall be provided for each sex as follows: one water closet, one washbasin and one bathtub or shower stall for each five persons or fraction thereof who room or board therein.
(2) 
In hotels, rooming houses and boardinghouses where separate bathrooms are provided for each sex, the door openings to each bathroom shall be placed as to afford privacy and shall be plainly marked for male and female usage.
(3) 
Bathrooms in hotels, rooming houses and boardinghouses shall be located so as to be accessible from a common hall or passageway to persons using the facilities. Such hall or passageway shall be directly accessible from a roomer's or boarder's rooming unit and not through any other rooming unit.
(4) 
Where rooming units are provided on more than one floor, separate bathrooms must be provided for each sex on each floor, except in a rooming house or boardinghouse operated and inhabited by the owner. Such an establishment which has rooming units on more than one floor may have one bathroom in the building for both sexes if the total combined number of occupants, including both the owner's family and roomers, male and female, adults and children, does not exceed five. Where the combined number of occupants exceeds five, the bathroom facilities for the roomers shall comply with Subsection B(1) through (3) of this section.
C. 
All water closets must flush easily and completely discharge the waste matter in a single operation. All plumbing fixtures must function perfectly at all times. The finish of toilet seats must not be chipped or cracked and shall have a smooth finish. Water closets shall be set after the finished floor is laid. There shall not be any leaking faucets, leaking or clogged traps, clogged drains, broken handles on fixtures, or anything that would cause any part of the plumbing system or fixtures to be unsanitary, inconvenient to use or in any way detrimental to the health of the individual. The plumbing fixtures and floors, walls and ceilings in bathrooms and kitchens must be kept in a sanitary condition at all times.
D. 
All plumbing installed in dwellings, hotels, motels, rooming houses or boardinghouses shall conform to this chapter and the state plumbing subcode.
E. 
Plumbing fixtures and other facilities and their uses in kitchens of hotels and boardinghouses shall conform to the restaurant requirements of the State Plumbing Subcode and Chapter 12 of the State Sanitary Code.
F. 
Owners of buildings located beyond the public sewer system that are used for human habitation and which do not have installed therein a water closet, washbasin, and bathtub or shower shall, before such plumbing facilities and the individual sewage disposal system connected therewith shall be installed, cause to be obtained a percolation test of the soil in the area of the proposed sewage disposal system. The installation of the sewage disposal system shall comply with the Township individual sewage disposal system code.
A. 
It shall be the duty of every person who shall contract, undertake or agree or who shall have contracted, undertaken or agreed, orally or in writing, to heat or to furnish heat for any building within the Township occupied as a residence by two or more families to furnish sufficient heat to any occupied part of such building so as to maintain, at all times between the hours of 6:00 a.m. and 11:00 p.m., a minimum temperature of 68° F. and, between the hours of 11:00 p.m. and 6:00 a.m., a minimum temperature of 65° F. The supply of heat required in this section shall be furnished for or to all buildings or parts thereof used for business or living purposes from October 1 in each year to May 1 of the succeeding year and on all other days of the year when the outside temperature falls below 55° F. for any twenty-four-hour period, provided that the requirement of this section shall not apply to buildings or parts thereof used for any trade or business in which high or low temperatures are essential. The term "contracted," as used in this section, shall be construed to mean and include any written or implied contract, lease or letting, and the presence of any heating outlets, radiators, risers or returns in any hall, room or other part of a building shall be prima facie evidence of an implied contract. The presence of any central heating plant, furnace or boiler under the control of the owner, lessee or person in charge of the building shall also be prima facie evidence of an implied contract.
B. 
Every dwelling, hotel, motel, rooming house and boardinghouse which has a central heating system shall keep it in good repair, and the heating system shall not have any leaks in the heater furnace, boiler, smoke pipes, flues, pipe fittings, valves or other appurtenance of the system and shall be kept in such condition so that all habitable rooms can safely and adequately be maintained at a temperature of 65° F. under average winter conditions.
C. 
Every dwelling, hotel, motel, rooming house and boardinghouse shall have a tight masonry chimney lined with fire clay or a chimney of other approved noncombustible material properly constructed and supported so as to avoid overheating adjacent combustible elements.
D. 
Every dwelling, hotel, motel, rooming house or boardinghouse shall be prohibited from using a room heater, heating stove, space heater or tank water heater designed for the use of kerosene, gasoline, oil, gas, wood, coke, charcoal or coal as a fuel, unless it has a direct smoke pipe or flue connection to a properly constructed chimney capable of carrying all the products of combustion to the outer air.
E. 
Every hotel, motel, rooming house and boardinghouse shall comply with Subsection A of this section as to the temperature to be kept and the hours it is to be maintained, for all rooms occupied or used by roomers, lodgers and boarders.
[Amended 6-18-2008 by Ord. No. 08-040; 10-3-2012 by Ord. No. 12-047]
A. 
Purpose. The purpose of this code is to provide requirements for evaluating installed electrical systems within and associated with existing dwellings to identify safety, fire and shock hazards, such as improper installations, overheating, physical deterioration, abuse and similar conditions. This code provides criteria that enable the identification of hazardous conditions that are evident during a visual inspection of an existing dwelling. It is not intended that inspections in accordance with this code will identify future conditions, such as failure of components or other portions of equipment or wiring. This code does not cover the inspection of new construction, or the factory installed internal wiring and construction of appliances and utilization of equipment.
B. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
ACCESSIBLE (AS APPLIED TO WIRING METHODS)
Capable of being removed or exposed without damaging the building, the building structure or finish, or not permanently closed in by the structure or finish of the building.
APPLIANCE
Utilization equipment, generally other than industrial, normally built in standardized sizes or types that are installed or connected as a unit to perform one or more functions, such as clothes washing and air conditioning.
APPROVED
Acceptable to the authority having jurisdiction.
ARC-FAULT CIRCUIT INTERRUPTER
A device intended to provide protection from the effects of arc-faults by recognizing characteristics unique to arcing and by functioning to de-energize the circuit when an arc-fault is detected.
BONDING
The permanent joining of metallic parts to form an electrically conductive path that assures electrical continuity, and the capacity to conduct safely any current likely to be imposed.
BRANCH CIRCUIT
The circuit conductors between the final over current device protecting the circuit and the outlet(s).
CODE
A standard that is an extensive compilation of provisions on a broad subject matter or that is suitable for adoption into law independently of other codes and standards.
CONCEALED
Rendered inaccessible by the structure or finish of the building. Wires in concealed raceways are considered concealed, even though they may become accessible by withdrawing them.
DWELLING UNIT
One or more rooms for the use of one or more persons as a house keeping unit with space for eating, living, sleeping and permanent provisions for cooking and sanitation.
EQUIPMENT
A general term including material, fittings, devices, appliances, fixtures, apparatus and the like used as a part of or in connection with an electrical installation.
EQUIPMENT GROUNDING CONDUCTOR
The conductor used to connect the non-current-carrying metal parts of equipment, raceway, and other enclosures to the system-grounded conductor, to the ground electrode conductor, or to both, at the service equipment or the source of a separately derived system.
EXPOSED
Capable of being inadequately touched or approached nearer than a safe distance by a person. It is applied to parts that are not suitably guarded, isolated or insulated.
GROUNDED
Connected to earth or to some other conducting body that serves in place of the earth.
GROUNDED CONDUCTOR
A system or circuit conductor that is intentionally grounded.
GROUNDING CONDUCTOR
A conductor used to connect equipment or the grounded circuit of a wiring system to a grounding electrode.
GROUNDING ELECTRODE CONDUCTOR
The conductor used to connect the grounding electrode to the equipment grounding conductor to the grounding conductor, or to both of the circuit at service equipment or at the source of a separately derived system.
GROUND-FAULT CIRCUIT INTERRUPTER
A device intended for the protection of personnel that functions to de-energize a circuit or portion thereof, within an established period of time when a current to ground exceeds some predetermined value that is less than that required to operate the over current protective device of the supply circuit.
LIGHTING OUTLET
An outlet intended for the direct connection of a lamp holder, a lighting fixture or a pendent cord terminating in a lamp holder.
LISTED
Equipment, materials or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services and whose listing states that the equipment, material or service meets appropriate designated standard or has been tested and found suitable for a specified purpose.
MULTIFAMILY DWELLING
A building that contains three or more dwelling units.
ONE-FAMILY DWELLING
A building that consists solely of one dwelling unit.
OUTLET
A point on the wiring system at which current is taken to supply utilization equipment.
PANEL BOARD
A single panel or group of panel units designed for assembly in the form of a single panel, including buses and automatic over current devices and equipped with or without switches for the control of light, heat or power circuits designed to be placed in a cabinet or cutout box that is placed in or against a wall or partition and accessible only from front.
PROPER
An installation or part thereof that is made in a thorough manner to ensure a nonhazardous condition.
RACEWAY
An enclosed channel made of metal or nonmetallic materials designed exclusively for holding wire, cable or bus bars with additional functions as permitted in this code. Raceways include but are not limited to rigid metal conduit, liquid tight flexible conduit, electrical nonmetallic tubing, and electrical metallic tubing, under floor raceways, cellular concrete floor raceways, cellular metal floor raceways, surface raceways, wire ways and bus ways.
RECEPTACLE
A contact device installed at the outlet for the connection of an attachment plug. A single receptacle is a single contact device with other contact device on the same yoke. A multiple receptacle is two or more contact devices on the same yoke.
RECEPTACLE OUTLET
An outlet where one or more receptacles are installed.
SERVICE
The conductors and equipment for delivering energy from the electricity supply system to the wiring system of the premises served.
TWO-FAMILY DWELLING
A building that consists of two dwelling units.
UTILIZATION EQUIPMENT
Equipment that utilizes electric energy for electronic, electromechanical, chemical, heating, lighting or similar purposes.
C. 
General requirements.
(1) 
Services, outside feeders and branch circuits.
(a) 
Interior metal water piping systems shall be bonded to the electrical service grounding system, including the bonding jumping wire for the water meter.
(b) 
The service shall be adequate to serve the connected load.
(c) 
Weather-heads shall be securely fastened in place.
(d) 
Service entrance conductors shall not show evidence of excessive deterioration or alteration of conductor, insulation and cable sheath.
(e) 
Service conductors, outside feeders and outside branch circuits shall have sufficient clearances above roofs, from ground, from building openings and from swimming pools to prevent accidental contact.
(f) 
Service-entrance raceways or cable shall be securely fastened.
(g) 
Service entrance raceways and cable shall be terminated with fitting or connectors that are approved for the purpose.
(h) 
Service-entrance equipment shall be readily accessible. Sufficient access and working space shall be provided and maintained to permit ready and safe operation and maintenance.
(i) 
Service-entrance equipment, cable, raceways or conductors shall not show evidence of excessive physical damage, corrosion or other deterioration.
(j) 
Service equipment shall be effectively grounded. The grounding electrode conductor shall be sized, terminated and connected to one or more ground electrode(s) to provide sufficiently low impedance and have sufficient current carrying capacity to prevent the build-up of voltages that might result in undue hazard to connected equipment or to a person.
(2) 
Panel boards and distribution equipment.
(a) 
Panel boards and distribution equipment shall be accessible. Sufficient access and work space shall be provided and maintained to permit safe operation and maintenance.
(b) 
Panel boards and distribution equipment shall not show evidence of excessive physical damage, corrosion or other deterioration.
(c) 
All cables entering the equipment shall be secured with approved connectors. All used opening shall be properly closed.
(d) 
All metal parts shall be effectively grounded or bonded using approved fittings.
(e) 
Dead front panels, partitions or parts of the enclosure shall be installed to ensure protections from live parts.
(f) 
Each disconnecting means for motors and appliances and each service, feeder or branch circuit at the point where it originates shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident. The marking shall be of sufficient durability to withstand the environment involved.
(3) 
Over-current protective devices.
(a) 
Over-current protective devices shall be properly rated for the conductor under the conditions of use. The devices shall not show evidence of physical damage or overheating.
(b) 
Connection and terminations of over-current protective devices shall not be loose or corroded.
(c) 
Listed over-current protective devices shall be used or installed in the listing or labeling.
(d) 
Where evidence of over fusing or tampering with Edison-based-type fuses exist, type S nontamperable adapters and fuses shall be installed.
(4) 
Conductors, cables and cable assemblies.
(a) 
Conductors, cables and cable assemblies shall be properly terminated and supported at panel boards, boxes and devices. The same shall not show evidence of overheating, deterioration, fraying, damage or physical abuse.
(b) 
The conductor size shall not be less than the ampere rating of the circuit unless otherwise permitted for specific types of utilization equipment.
(c) 
Splices and taps shall be made in an approved manner.
(d) 
Cables and cable assemblies shall be properly secured and supported.
(5) 
Flexible cords and cables. Flexible cords and cables shall not be used as a substitute for fixed wiring or a structure run through holes in walls, ceilings, floors, through doorways or windows or be attached to building surfaces.
(6) 
Raceways.
(a) 
Raceways shall be terminated in fittings or connectors that are designed for the specific wiring method with which they are used and will be securely fastened in place.
(b) 
Raceways shall not show evidence of excessive deterioration or physical damage.
(7) 
Permanently connected lighting fixtures.
(a) 
Fixture taps and branch-circuit supply conductors shall not show evidence of damage or deterioration from overheating.
(b) 
Fixture canopies shall be in place and properly secured.
(c) 
Where identified fixtures shall be lamped in accordance with available instructions and shall not exceed marked maximum ratings.
(d) 
Open incandescent lamps installed in clothes closets shall have 12 inches of clearance from combustible materials.
(8) 
Boxes and similar enclosures.
(a) 
All boxes shall have properly secured covers in place. Any unused openings shall be effectively closed to afford protection that is substantially equivalent to that of the wall of the box.
(b) 
Wet locations shall have installed boxes, covers or similar enclosures identified for such use.
(c) 
Damp locations shall have boxes or similar enclosures installed or equipped so to prevent moisture from entering and/or accumulating.
(d) 
All conductive surfaces that are likely to become energized shall be effectively grounded when an equipment grounding conductor is provided.
(9) 
General-use switches and receptacles.
(a) 
Enclosures shall be fastened securely.
(b) 
All switches and receptacles shall have a faceplate in place that is free of defects.
(c) 
No termination point can have evidence of arching or overheating and all conductors shall insure good connection to devices.
(d) 
Switches and receptacles shall not have paint or other coating unless listed for such use. The function shall not be impaired by physical damage or show evidence of overheating or arching also shall be secured properly.
(e) 
Receptacles shall be tested with a listed receptacle tester to ensure proper wiring. This tester will indicate when branch circuit conductors are not connected to the intended terminals. All grounding-type receptacles shall be grounded or shall have ground-fault circuit interrupter protection where installed on a circuit that does not have an equipment grounding conductor and shall be labeled such. Where receptacles and branch circuit conductors are identified for polarization receptacles shall be properly polarized.
(f) 
Receptacles that do not have acceptable blade retention shall be replaced.
(g) 
Switches shall be rated for the load that it is connected.
(h) 
Flexible cords or cables shall not be used to supply outlets in a room or area and shall be removed. If the fixed wiring in such rooms or area is inadequate, the outlets will be replaced with permanently installed receptacles.
(10) 
Appliances and special equipment.
(a) 
Where ground-fault circuit interrupters are installed they shall operate properly.
(b) 
Smoke detectors shall be installed on each level of the dwelling including the basement as per the manufacturer's recommendation.
(c) 
Carbon monoxide detectors shall be installed not more than 10 feet from all bedroom areas.
(d) 
When appliances or utilization are present they shall be installed properly and functional for their designed purpose. They shall have proper disconnecting means and over-current protection that shall be labeled as such.
A. 
Every owner and operator of a multiple dwelling or apartment house containing two or more dwelling units shall be responsible for maintaining in a sanitary condition the shared or public areas of the dwelling and premises.
B. 
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.
C. 
Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in rubbish containers as required by § 268-11A and B.
D. 
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage or any other organic waste which might provide food for rodents, insects or vermin, in a clean and sanitary manner, by placing it in the garbage storage containers required by § 268-11A and B. It shall be the responsibility of the owner to provide such garbage containers for all dwelling units in a multiple dwelling containing more than two dwelling units. In all other cases it shall be the responsibility of the occupant to furnish such garbage containers.
E. 
Every occupant, owner or operator of a dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
F. 
Every occupant, owner or operator of a dwelling or dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall maintain the inside of the dwelling or dwelling unit and the outside premises over which he has control clean and orderly.
[Amended 5-6-2009 by Ord. No. 09-011]
A. 
Required. No person shall operate, manage, conduct or maintain a hotel, motel, rooming house, rooming unit or boardinghouse without first having obtained a license therefor in the manner provided in this section.
B. 
Application; issuance.
(1) 
An application for a license to conduct, carry on or manage the business of a hotel, motel, rooming house, rooming unit or boardinghouse shall be made in writing under oath, signed by the operator, to the Director of Community Planning and Compliance, on forms provided by him, and shall set forth the following in addition to general requirements:
(a) 
The number and location of bedrooms to be used for rooming or boarding, and the size of each room.
(b) 
A statement as to the number of toilets, washbasins, urinals, bathtubs or showers and their location in the hotel, motel, rooming house, rooming unit or boardinghouse.
(2) 
Each application shall be referred to the Chief Housing Inspector for inspection and his/her report to the Director of Community Planning and Compliance. The Director shall also request an investigation by the Police Division of each applicant. If the report of the Chief Housing Inspector or the Police Division discloses the applicant was convicted of a crime involving morals or the health and sanitation ordinances of the Township or any other municipality, no license shall be issued. If the report of the Chief Housing Inspector discloses no violation and the report of the Chief of Police is favorable, a license shall be issued by the Director of Community Planning and Compliance, which license shall be for the calendar year.
[Amended 12-18-2018 by Ord. No. 18-068]
C. 
Fee.
(1) 
Fees for a license shall be as set forth in Chapter 215, Fees, of the Township Code.
[Amended 7-18-2017 by Ord. No. 17-029]
(2) 
All fees shall accompany the application for the total number of roomers or boarders desired in any calendar year. No more roomers or boarders shall be allowed in any calendar year than the number enumerated on the application.
D. 
Compliance with applicable regulations. Every licensee under this section shall be required to comply with all housing codes, sanitary codes and other laws, ordinances, rules and regulations of the state and the Township.
[Amended 5-6-2009 by Ord. No. 09-011]
A. 
Inspections; correction of violations. Each building or room licensed as a hotel, motel, rooming house, rooming unit or boardinghouse under the terms of this chapter may be inspected at any hour deemed necessary and as often as the Director of Community Planning and Compliance or Housing Inspector may deem it necessary. If any of the inspections discloses a condition existing in the building tending to create a violation of this chapter and such condition is not corrected within 10 days after notice in writing to the owner or operator of the business, the Director, upon notice to the holder of the license, may order the holder to show cause before him, on notice of not less than five days, why the license should not be revoked. Whenever the Housing Inspector finds that an emergency exists which requires immediate action, he may give verbal order to the owner or operator of a hotel, motel, rooming house, rooming unit or boardinghouse, and it shall have the same effect and force as a written notice and shall be complied with immediately or within the time that the Housing Inspector stipulates.
B. 
Space requirements.
(1) 
No room in any hotel, motel, rooming house, rooming unit or boardinghouse shall be so constructed that there shall be afforded less than 450 cubic feet of air space for each child under 12 years of age. Where the same room is used for both living and sleeping, there shall be at least 550 cubic feet of air space for each adult and 450 cubic feet of air space for each child under 12 years of age.
(2) 
Every sleeping room in a hotel, motel, rooming house, rooming unit or boardinghouse shall have a clear height between floor and ceiling of not less than seven feet. In sleeping rooms with sloping ceilings, more than 50% of the floor area of such sleeping room must have a clear height between floor and ceiling of seven feet. The least horizontal dimension of a sleeping room shall not be less than seven feet.
(3) 
Every room occupied for sleeping purposes in a hotel, motel, rooming house, rooming unit or boardinghouse shall contain at least 70 square feet of floor space, and every room occupied by two persons for sleeping purposes shall contain at least an additional 50 square feet of floor space.
C. 
Windows and screens.
(1) 
Every room used for sleeping purposes in a hotel, motel, rooming house, rooming unit or boardinghouse shall have a window placed in an outside wall, with the openable area of such window to comply with § 268-10. Such window shall be constructed so that it can be opened and closed easily by the occupant of the room.
(2) 
All windows in hotels, motels, rooming houses, rooming units and boardinghouses in sleeping rooms, dining rooms, kitchens, halls, bathrooms, and all other outside openings and outside doors shall have placed on the outside of such windows, openings or doors a full-length screen of a size mesh to provide adequate ventilation while excluding mosquitoes and insects and kept in good repair, to be placed on May 1 of each year and remain thereon until October 1 of the same year. Those owners of such establishments who install a combination storm and screen window in which only a half window or screen is available shall comply with the meaning of this subsection.
D. 
Bathrooms. In every hotel, motel, rooming house, rooming unit or boardinghouse, there shall be a water closet, washbasin, urinal, bath or shower as § 268-12 and the state plumbing subcode shall declare. All doors on toilet rooms and bathrooms shall be equipped with self-closing springs or other devices to close the door, and such doors shall be kept closed when in use or not in use. On each toilet room or bathroom door, there shall be an adequate locking device on the inside of such door so that privacy can be had by the user of the room.
E. 
Bedding. Clean sanitized sheets and pillowcases shall be provided for each bed occupied in all hotels, motels, rooming houses, rooming units and boardinghouses and shall be changed for each occupant and, for continued occupancy, shall be changed each week.
F. 
Cleaning of floors and floor coverings. In every hotel, motel, rooming house, rooming unit or boardinghouse, all wool, cotton or mixed fabric rugs or other coarse floor coverings shall be kept in a sanitary condition. All exposed wooden floors or diverse impervious floor coverings shall be washed thoroughly with hot water and soap or detergent at least once a week or cleansed by other methods approved by the Housing Inspector.
G. 
Lighting. In every hotel, motel, rooming house, rooming unit or boardinghouse, adequate lighting of at least 25 watts of illumination shall be provided over the entrance, in the entrance hall and in all interior halls. Bathrooms must be provided with at least 40 watts of illumination.
H. 
Cleaning of garbage containers. In every hotel, motel, rooming house, rooming unit or boardinghouse, garbage pails shall be cleaned thoroughly at least once a week, or more often if deemed necessary by the Housing Inspector.
I. 
Heating. Every hotel, motel, rooming house, rooming unit and boardinghouse shall maintain heat to comply with § 268-13A.
J. 
Pest control. Every hotel, motel, rooming house, rooming unit and boardinghouse shall be kept free and clean of and shall not harbor or have on the premises rats, mice, flies, bedbugs, cockroaches, ants, silverfish or other insects or vermin.
K. 
Animals. In every hotel, motel, rooming house, rooming unit and boardinghouse, there shall not be kept, harbored or maintained in any room in such establishment or on the outside grounds or premises any rabbit, parakeet, chicken, pigeon, dog, goat, sheep, cat or any other animal, bird or fowl unless the facilities for maintaining the animal are such that an unsanitary or unsafe condition will not be created or maintained.
L. 
Outside maintenance. The exterior grounds and premises of every hotel, motel, rooming house, rooming unit and boardinghouse shall be kept clean and orderly and shall comply with § 268-11C.
M. 
Cooking or keeping food in rooms; heating devices in rooms. No occupant of any hotel, motel, rooming house, rooming unit or boardinghouse shall cook food, keep food or have in such room the utensils for cooking food, nor shall any occupant have a heating device in his room that does not comply with § 268-13C and D.
N. 
Daybook. Every hotel, motel, rooming house, rooming unit and boardinghouse shall keep a daybook showing the name and permanent address of each guest and showing the room occupied by each guest. Such book shall be kept up to date and shall be available for inspection at all times by the Housing Inspector.
O. 
Posting of regulations. There shall be posted in a conspicuous place in every hotel, motel, rooming house, rooming unit and boardinghouse a copy of this chapter, which copy shall be furnished by the Director of Community Planning and Compliance.
P. 
Sanitation generally. The owner or operator of every hotel, motel, rooming house, rooming unit and boardinghouse shall be responsible for the clean and sanitary maintenance of all floors, walls and ceilings and for the maintenance in a clean and sanitary condition of every other part of such establishment.
[Added 5-6-2009 by Ord. No. 09-011; amended 5-17-2016 by Ord. No. 16-018]
A. 
Definitions. Unless the context clearly indicates a different meaning, the following words or phrases when used in this section shall have the following meanings:
AGENT
The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this section. The term does not necessarily mean a licensed real estate broker or salesman as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman if such person designated by the owner as his agent is so licensed.
APARTMENT COMPLEX
Two or more buildings, each containing two or more apartments, which are located within close proximity of each other and are owned by the same owner.
APARTMENT or DWELLING
Any apartment, cottage, bungalow, single-family dwelling, any room or rooms in a rooming house or boardinghouse or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office, or the operation of any industry or business, or for any other type of independent use.
CHANGE IN TENANCY
A change in the tenant renting a rental unit.
HABITABLE SPACE
The space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space in similar areas are not considered habitable space.
LANDLORD
The legal entity listed upon the title as it appears in the public records after the deed is properly recorded.
LANDLORD REGISTRATION
A registration issued by the Township of Hamilton identiging the registration holder as being permitted to maintain, operate, or otherwise conduct the business of landlord in the Township of Hamilton.
[Amended 12-4-2018 by Ord. No. 18-061[1]]
OWNER
Any person or group of persons, firm, corporation or officer thereof, partnership, association, or trust, who owns, operates, exercises control over or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENTAL FACILITY
Every building, group of buildings or a portion thereof which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals and is meant to include apartments and apartment complexes.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes and is meant to include individual apartments located within apartment complexes.
TENANT
Any person, including minors, who resides in a rental unit on a continuous basis for more than 180 days.
[1]
Editor's Note: This ordinance also repealed the former definitions of "license" and "licensee," which immediately followed this definition.
B. 
Periodic inspections.
(1) 
Each rental unit shall be inspected at least once in every five-year period, and upon each change in tenancy, for purposes of the issuance of a certificate of approval for occupancy. The five-year period shall begin anew upon the conduct of an inspection due to a change in tenancy. Such five-year inspection and the applicable fee required by Subsection E shall be waived if the landlord provides to the proper Township officials a proof of inspection for the rental unit in the form of a state approved multidwelling satisfactory inspection report, a satisfactory private home inspection conducted by a New Jersey licensed home inspector, or a satisfactory Township housing inspection. Such proof of inspection shall include, if applicable, any notice of violations issued to the landlord, to be provided to the Township within 30 days of issuance, as well as any letter of compliance issued to the landlord, to be provided to the Township within 30 days of receipt.
(2) 
Initial inspection following passage of this section shall be staggered in accordance with the following schedule:
(a) 
Area 1 - Properties with odd house numbers in August 2009.
(b) 
Area 2 - Properties with even house numbers in December 2009.
(c) 
Area 3 - State licensed multiunit facilities in April 2010.
(3) 
An initial inspection fee as set forth in Chapter 215, Fees, of the Township Code, per unit, collected in equal annual installments over a five-year period, shall be due within the first 90 days following the passage of this ordinance.
[Amended 7-18-2017 by Ord. No. 17-029]
(4) 
Inspections shall be performed by such person, persons or agency duly authorized and appointed by the Township pursuant to the direction of the Director of the Department of Community Planning and Compliance Inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Township shall only be accepted in accordance with Subsection B(1) of this section.
[Amended 12-18-2018 by Ord. No. 18-068]
(5) 
Such inspection shall be for the purpose of determining Zoning Ordinance compliance and, to the extent applicable, to determine if the property complies with the property maintenance code and housing code as embodied in this chapter. Upon compliance, the Chief Housing Inspector or his/her designee shall cause to be issued a certificate of approval for occupancy.
[Amended 12-18-2018 by Ord. No. 18-068]
(6) 
Unsatisfactory inspection. In the event that the inspection of a rental unit indicates the need for maintenance and/or repairs, the owner of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with the applicable code(s) and the property is thereafter subsequently reinspected and approved. Repairs not completed within 30 days of reinspection shall result in the issuance of a court summons. Requests for extensions shall be in writing demonstrating compelling reasons for the need for such extension. The grant of such extension is subject to the Township's discretion. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and if not made within that time period, the owner shall be deemed in violation of this section and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of this section.
C. 
Access for inspections; repairs.
(1) 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming houses and boardinghouses in order that they may promote the purposes of this section to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming houses and boardinghouses and of the general public. The owner or occupant of every rental facility, rental unit and rooming houses and boardinghouses shall give the inspecting officer free access to the rental facility, rental unit and rooming houses and boardinghouses at all reasonable times for the purpose of such inspections, examinations and surveys.
(2) 
Every occupant shall give the owner of the rental facility, rental unit and rooming houses and boardinghouses access to any part of such rental facility, rental unit and rooming houses and boardinghouses at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or any lawful order issued pursuant thereto.
(3) 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this section, an inspecting officer shall conduct an inspection as hereinbefore provided.
D. 
Registration of landlords. In addition to any other requirements herein, each landlord shall apply to the appropriate office within the Township of Hamilton for a landlord registration within 90 days of the publication of this amended ordinance.
[Amended 7-18-2017 by Ord. No. 17-029; 12-4-2018 by Ord. No. 18-061]
(1) 
The purpose of the landlord registration requirement is to provide the Township with a means to identify landlords in the Township in order to ensure compliance with this section. The purpose of the registration fee is to defray the costs associated with administering the provisions of this section.
(2) 
No landlord shall be entitled to rent a rental unit unless said landlord is in possession of a valid landlord registration.
(3) 
The fee for a landlord registration shall be as set forth in Chapter 215, Fees, of the Township Code, and must be renewed every five years.
(4) 
The fee for a landlord registration for owner-occupied rental units containing four units or less shall be as set forth in Chapter 215, Fees, of the Township Code, and must be renewed every five years.
(5) 
Landlord registrations are not transferable to other entities or parties.
(6) 
The Mayor or his designee shall develop the form of application required by this amended ordinance which shall require the landlord to provide the following information:
(a) 
Name, address and phone number of the owner.
(b) 
Address(es) of rental unit(s) or other identifying information for the rental unit(s).
(c) 
Proof of current payment of property taxes, assessments against property, sewer charges, or other municipal charges, or assessments pursuant to N.J.S.A. 40:52-1.2.
(d) 
Payment of registration fees.
(e) 
A certification from the owner that the rental unit(s) to be rented complies with this chapter.
(7) 
A landlord possessing a landlord registration shall be required to advise the Mayor or his designee of any change in the information on the application for such registration within 30 days of any such change.
E. 
Fees. At the time of initial registration of a landlord, expiration of every five-year period as required under Subsection B, or upon any change of occupancy of a rental unit, the landlord or agent thereof must pay a fee in accordance with the following schedule for the purpose of having the rental unit inspected by the Township:
[Amended 7-18-2017 by Ord. No. 17-029; 12-4-2018 by Ord. No. 18-061]
(1) 
Upon initial registration of a landlord and when adding a rental unit or units to the registration, a fee as set forth in Chapter 215, Fees, of the Township Code per rental unit shall be assessed, which includes an inspection and one subsequent reinspection to be completed within 30 days of a failed initial inspection). Multiunit facilities containing four or more units shall be assessed a fee as set forth in Chapter 215, Fees, per unit collected in equal installments over a five-year period. Prepayment of this fee shall not be penalized.
(a) 
Upon the full payment of the inspection fee set forth in Chapter 215, Fees, the landlord or agent thereof shall receive a coupon that may be used for one reinspection or change of occupancy inspection required to be conducted of the particular rental unit for which the fee has been paid. This coupon is not transferable to any other rental unit and expires at the end of the five-year period for which it was issued; or
(b) 
In the alternative, if the total inspection fee due for a multiunit facility is paid at the time of initial licensing of a landlord, then the landlord or agent shall receive a number of coupons calculated by dividing the total inspection fee paid, by 75. These coupons may be used for reinspection or change of occupancy inspections at the multiunit facility.
(2) 
Following the expiration of every five-year period, a fee as set forth in Chapter 215, Fees, of the Township Code shall be assessed, to be collected within 90 days following passage of this ordinance, which includes an inspection and one subsequent reinspection (to be completed within 30 days of a failed initial inspection). Multiunit facilities containing four or more units shall be assessed a fee as set forth in Chapter 215, Fees, of the Township Code per unit collected in equal installments over a five-year period, with the first payment due within 90 days following passage of this section. Prepayment of this fee shall not be penalized.
(a) 
Upon the full payment of the inspection fee set forth in Chapter 215, Fees, the landlord or agent thereof shall receive a coupon that may be used for one reinspection or change of occupancy inspection required to be conducted of the particular rental unit for which the fee has been paid. This coupon is not transferable to any other rental unit and expires at the end of the five-year period for which it was issued; or
(b) 
In the alternative, if the total inspection fee due for a multiunit facility is paid at the beginning of every five-year period, then the landlord or agent shall receive a number of coupons calculated by dividing the total inspection fee paid, by 75. These coupons may be used for reinspection or change of occupancy inspections at the multiunit facility.
(3) 
Any change of occupancy, except those changes of occupancies upon each subsequent five-year inspection, shall be assessed a fee as set forth in Chapter 215, Fees, of the Township Code, which includes one inspection.
(4) 
Any subsequent reinspection conducted in excess of those specified in Subsections E(1), (2) and (3) above shall be assessed a fee as set forth in Chapter 215, Fees, of the Township Code (to be completed within 30 days of most recent reinspection).
(5) 
Should an inspector arrive for a scheduled inspection and no adult is present to grant access to the rental unit, the full amount of the inspection fee shall be charged and the landlord will be required to reschedule the inspection at a fee as set forth in Chapter 215, Fees.
(6) 
Fees not paid shall be subject to a late fee as set forth in Chapter 215, Fees, per month.
(7) 
Senior citizen exemption. If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining unit and would otherwise qualify under the State of New Jersey property tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee.
F. 
Occupant(s) standards.
(1) 
Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general, such that it shall constitute a nuisance as defined in Chapter 311, Noise, and Chapter 317, Nuisances, of the Code of the Township of Hamilton.
(2) 
Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Township and with all applicable state and federal laws.
G. 
Prohibition on occupancy. No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Township, which is not licensed and for which a certificate of occupancy has not been issued in accordance with this chapter.
H. 
Tenant subject to removal. Any tenant renting a premises in the Township of Hamilton who occupies the premises in violation of Subsection G above shall be subject to immediate removal from the premises. Any costs associated with the removal and subsequent relocation of tenants that are incurred by the Township of Hamilton shall be the responsibility of the owner and/or tenant.
I. 
Limitations of occupancy. The maximum number of persons which may inhabit a rental unit shall be computed in accordance with § 268-9 of this chapter. Rental units shall not be occupied by more occupants than permitted under § 268-9.
J. 
Procedure upon increase of occupants. Every owner shall use its best efforts by adopting rental policies and procedures to monitor the number of tenants in each rental unit. When an owner becomes aware of a violation of its occupancy policies, the owner will advise the Township Inspection Office within 10 days of an increase in the number of tenants beyond that permitted under § 268-9.
K. 
Maximum number of occupants; posting. The maximum number of occupants shall either be posted in each rental unit or set forth in the lease agreement. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 180 days. Any person violating this provision shall be subject to the penalty provisions set forth in this section.
L. 
Violation of occupancy requirements; enforcement.
(1) 
It shall be unlawful and in violation of this section for a landlord, owner or a tenant of a rental unit to allow a greater number of people than the permitted maximum number of tenants to rent or occupy any rental unit.
(2) 
It shall also be unlawful and in violation of this section for a tenant, landlord or an owner to allow a number of people greater than the maximum number of people permitted to occupy the deck, balcony or porch of said rental unit.
(3) 
The Director of the Department of Community Planning and Compliance or his agents or duly designated designee is authorized to issue summons for violations of this section to any owner, landlord or tenant found to be in violation of this section.
M. 
Unlawful activities. It shall be unlawful and in violation of this section for a landlord or owner of a rental unit or tenant of a rental unit:
(1) 
To knowingly permit or allow people to reside in a rental unit in a number in excess of the number of people for which sleeping accommodations are provided in accordance with this chapter.
(2) 
To lease or rent a rental unit where the number of tenants exceeds the total number of sleeping accommodations as set forth in Subsection I of this section.
(3) 
To knowingly permit a number of people, greater than the maximum number of occupants or tenants permitted, to occupy a rental unit.
(4) 
To violate any section of this chapter.
N. 
Reporting of violations. It shall be the legal duty of each owner to immediately report any breaches of the peace or violations of this section which he or she may know or believes to have occurred on the leasehold premises. Such report shall be made to the Director of the Department of Community Planning and Compliance or his agents or duly designated designee or the Police Department of the Township of Hamilton by the most expedient means.
O. 
Violation for false information. Any person who is found to have submitted false information, documentation or identification in connection with an application under this section shall pay a minimum fine of $250, plus court costs for the first offense; a minimum fine of $1,000, plus court costs for a second offense; and a minimum fine of $2,000, plus court costs for each offense thereafter, for each document containing false information, documentation or identification. Any person who submits a false certification or documentation shall be subject to criminal prosecution, in addition to the penalties contained herein.
P. 
Violations and penalties. In addition to the penalties set forth in Subsection O, any person who shall violate any of the provisions of this section shall be liable to the penalties set forth in Chapter 1, General Provisions, § 1-2, Violations; penalties. Each day such violation continues shall be deemed a separate and distinct violation, and each violation of this section shall be deemed a separate and distinct violation. In a Municipal Court proceeding an owner shall not be found to be in violation of this section during such period of time as the owner shall be proceeding to evict the tenants in accordance with all statutory procedures pursuant to N.J.S.A. 2A:18-61.1 et seq.
[Amended 7-18-2017 by Ord. No. 17-029]
Q. 
Revocation of landlord registration; procedure.
[Amended 7-18-2017 by Ord. No. 17-029; 12-4-2018 by Ord. No. 18-061]
(1) 
In order to validly possess a landlord registration, a landlord shall comply with all applicable local, state, and federal laws relating to the renting of residential rental units. A landlord may be found in violation of a landlord registration upon the happening of the following nonexclusive events:
(a) 
The landlord, or any partner or corporate officer of the landlord or the manager or other agent of the rental unit, sought be operated under the landlord registration has refused inspection of a rental unit and its premises by public authorities acting pursuant to law or failed to provide sufficient proof of inspection as provided for in Subsection B(1) of this section;
(b) 
The landlord obtained a landlord registration through fraud, collusion or illegality;
(c) 
The landlord, or any partner or corporate officer or manager or other agent, has materially or substantially failed to comply with a Property Management Action Plan (PMAP);
(d) 
The landlord failed to remediate any material statutory or code violations of any rental unit;
(e) 
A landlord registration application filed by an owner, including required updates, contains any material omissions and/or materially false or misleading information;
(f) 
The landlord failed to obtain a change in occupancy inspection prior to reoccupancy by a new tenant:
(g) 
Conviction of a violation of this section in the Municipal Court or any other court of competent jurisdiction;
(h) 
Determination of a violation of this section at a hearing held pursuant to Subsection Q(4)(b) of this section;
(i) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants.
(2) 
Enforcing authority. The Mayor or his designee is empowered to enforce the provisions of this section.
(3) 
Notice of landlord registration violations.
(a) 
The Mayor or his designee may at any time file a complaint alleging violations of Subsection Q(1) of this section. The Mayor or his designee may file a complaint on the basis of information and belief and need not rely on personal information.
(b) 
A complaint alleging violations of applicable law may be filed with the Mayor or his designee by any one or more of the following: Chief of Police, Director of the Department Community Planning and Compliance, Construction Official, Housing Inspector or the Zoning Enforcement Officer. The person filing a complaint may do so on the basis of information and belief and need not rely on personal information.
(c) 
Any complaint alleging a violation shall be in writing and filed with the Township Inspections Office. The complaint shall be specific and shall be sufficient to apprise the landlord of the charges and permit the landlord 10 days to correct the violation.
(4) 
Landlord registration disciplinary action.
(a) 
Property Management Action Plan ("PMAP").
1. 
If after 10 days following receipt of notice of a violation, the violation continues, the landlord shall meet with the Mayor or his designee within 10 days to create a Property Management Action Plan which will bring the landlord and/or rental unit into compliance by a specified date.
2. 
The PMAP may concern but is not limited to the following issues:
a. 
Providing a habitable dwelling;
b. 
Observing occupancy limits;
c. 
Maintaining electrical systems meeting code requirements;
d. 
Maintaining plumbing systems meeting code requirements;
e. 
Maintaining heating and cooling systems meeting code requirements;
f. 
Maintaining proper fire protection systems;
g. 
Eliminating health and safety hazards;
h. 
Improving or providing for the security of the premises; or
i. 
Requiring inspections more than once a year should problems with the rental unit occur regularly.
3. 
The landlord shall be in violation of this subsection by:
a. 
Not meeting with the Mayor or his designee to create the PMAP;
b. 
Not implementing the PMAP; or
c. 
Not completing the PMAP by the required date.
4. 
For violations constituting an immediate danger to the public health, safety, and welfare of the Township, the Mayor or his designee does not have to issue a PMAP and may take actions in accordance with other provisions of applicable local, state, and federal laws to remedy the situation.
(b) 
Disciplinary action, notice and hearing. If the landlord fails to remedy a violation or comply with a PMAP, the Mayor or his designee shall immediately inform the Township Council, and a date for a hearing to consider the landlord's registration suspension or revocation shall be scheduled which shall not be sooner than 10 nor more than 30 days thereafter. The Mayor or his designee shall forward a copy of the original complaint and any relating documentation to the Township Council. The Township Council shall serve the landlord and any applicable agent with a notice as to the date of the hearing at the address indicated on the landlord registration form. Service upon the agent shall be sufficient. Said notice shall be specific and shall be sufficient to apprise the landlord of the charges so as to permit the landlord to present a defense.
1. 
The hearing required by this subsection shall be held before the Township Council. The Council shall render a decision within 30 days of the conclusion of the hearing.
2. 
If the Council finds the landlord guilty of any violation of applicable law, the Township Council has the right to impose the penalties against the landlord as prescribed in Subsection Q(4)(c).
3. 
The hearing shall be taped. If determined to be necessary the Township Council may have a stenographic transcript prepared. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply. All relevant evidence shall be admissible. The burden of proof shall be that which generally controls administrative hearings.
4. 
It shall be a defense to any disciplinary proceeding involving a landlord registration by demonstrating that the landlord or his agent has taken appropriate action and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises; eviction of the tenant(s) or otherwise.
(c) 
Landlord registration penalties. The Township Council may impose the following maximum penalties against a landlord after finding the landlord guilty of any violation of applicable law, including by way of example all Township Code provisions relating to the condition(s) of housing units, applicable statutes, and/or regulations enforced by the Township of Hamilton, but promulgated by the County of Mercer, the State of New Jersey, and/or the United States of America.
1. 
First violation: suspension of landlord registration up to 90 days.
2. 
Second violation: suspension of landlord registration up to one year.
3. 
Third and subsequent violations: permanent revocation of landlord registration.
(d) 
Effect of landlord registration penalties.
1. 
Suspension. A suspension of a landlord registration prohibits the landlord from engaging in any new lease agreements for any rental unit during the suspension period.
2. 
Revocation. A revocation of a landlord registration prohibits the landlord from maintaining, operating, or otherwise conducting the business of landlord in the Township of Hamilton.
(e) 
Reinstatement of landlord registration.
1. 
Generally.
a. 
The landlord registration is not automatically reinstated at the conclusion of a suspension.
b. 
The landlord must affirmatively reapply with the appropriate Township authority for a new landlord registration after serving the suspension.
c. 
A landlord whose registration was revoked may apply for reinstatement no earlier than one year after a revocation.
d. 
In addition to meeting all the requirements necessary to obtain a landlord registration, the landlord shall be prepared to submit, at the request of the Council, proof of changed circumstances demonstrating correction of the violation(s) which caused the previous suspension and/or revocation.
e. 
All landlord registration reinstatement applications shall be determined by the Council in its sole discretion.
2. 
Fees. A landlord seeking a landlord registration reinstatement shall be assessed a fee as set forth in Chapter 215, Fees, of the Township Code, in addition to all other applicable landlord registration fees.