[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.]
[Amended 5-6-2009 by Ord. No. 09-011; 4-7-2020 by Ord. No. 20-015]
A.
ACCESSORY STRUCTURE
APPROVED
BASEMENT
BATHROOM
BOARDINGHOUSE
BUILDING
BUILDING CODE
CELLAR
CHIEF HOUSING INSPECTOR
DWELLING
DWELLING UNIT, APARTMENT, FLAT AND LIVING UNIT, AND OTHER SIMILAR
DESIGNATIONS
EXTERIOR PROPERTY AREAS
EXTERMINATION
FAMILY
GARBAGE
GROSS FLOOR AREA
HABITABLE ROOM
HOTEL
HOUSING INSPECTOR
INFESTATION
LANDLORD
LANDLORD LICENSE
MULTIPLE DWELLING and APARTMENT HOUSE
OCCUPANT
OPERATOR
OPENABLE AREA
OWNER
(1)
(2)
OWNER'S AGENT
PERSON
PLUMBING
PROPERTY MANAGEMENT ACTION PLAN ("PMAP")
RENTAL UNIT
RESIDENCE BUILDINGS
ROOMING HOUSE
ROOMING UNIT
RUBBISH
STUDIO APARTMENT
SUPPLIED
TWO-FAMILY DWELLING
VENTILATION
WORKMANLIKE
YARD
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:
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.
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.
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.
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.
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.
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.
The building code officially adopted or authorized by the
state legislature for the regulation of construction, alteration,
additions or repairs.[1]
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.
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]
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.
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.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
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.
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]
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The total of all habitable space in a building or structure.
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.
A building arranged or used for sheltering, sleeping or feeding
more than 20 individuals for compensation.
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 and Economic Development or any other duly authorized officer of the Department of Community and Economic Development.
The presence, within or around a dwelling, of any insects,
rodents or other pests.
The legal entity listed upon the title as it appears in the
public records after the deed is properly recorded.
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.
Any dwelling containing more than two dwelling units.
Any person over one year of age, living, sleeping, cooking
or eating in or having actual possession of a dwelling unit or rooming
unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who, alone or jointly or severally with others:
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
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.
An agent for service of process, but not a real estate agent
unless specifically stated.
Includes any individual, firm, corporation, association,
partnership or other entity.
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.
A plan developed between the Mayor or his designee and the
landlord to ensure compliance with all applicable local, state, and
federal laws.
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.
A building in which sleeping accommodations and cooking facilities,
as a unit, are provided, except when classified as an institution
under the building code.
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.
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.
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.
A zero-bedroom apartment consisting of a main room, kitchenette
and bathroom.
Paid for, furnished or provided by or under the control of
the owner or operator.
A building containing two independent dwelling units.
The process of supplying and removing air by natural or mechanical
means to or from any space.
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.
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.
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; 4-7-2020 by Ord. No. 20-015]
A.
The Director of Community and Economic Development 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 and Economic Development 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; 4-7-2020 by Ord. No. 20-015]
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.
Ownership transfer for residential, nonrental properties ("the OTR inspection"). When ownership is transferred on a residential property, with the exception of rental properties as outlined in Subsection D of this section, inspections shall be limited to the following:
[Added 4-4-2023 by Ord. No. 23-013[1]
(1)
Smoke alarms must be installed according to the manufacturer's
installation instructions. They must be installed at least three feet
from any source of air movement or any bathrooms containing a tub
or shower. Pursuant to NFPA 72, smoke alarms must be replaced every
10 years.
(2)
Carbon monoxide alarms are required to be in the immediate vicinity
of all sleeping areas in all buildings that contain fuel-burning appliances,
fireplaces, or have attached garages. They shall be battery operated,
hard wired, or of the plug-in variety and installed on the wall, ceiling,
or in accordance with the manufacturer's instructions.
(3)
A fire extinguisher is required in a townhome or single-family home.
(4)
If a fireplace and/or wood burning stove is present and more than
three years old, it must be certified safe for use by a chimney sweep
that is certified by the National Fire Institute, the National Chimney
Sweep Guild, or the Chimney Institute of America.
(5)
Open, positive or obvious threats to the health, safety or welfare
of any potential occupant.
D.
Inspections pursuant to this section shall be conducted for rental
properties using the following criteria:
[Amended 4-4-2023 by Ord. No. 23-013]
(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]
E.
Violations of the kind described in Subsection D(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 and Economic Development may grant an extension not exceeding 30 days for just cause.
[Amended 12-18-2018 by Ord. No. 18-068; 4-4-2023 by Ord. No. 23-013]
F.
A 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; 4-4-2023 by Ord. No. 23-013]
G.
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.[2]
[2]
Editor's Note: Former Subsection G, regarding receipts for
rental inspection, as amended, was repealed 4-4-2023 by Ord. No. 23-013.
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 and Economic Development 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.
[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.
[Amended 4-7-2020 by Ord.
No. 20-015]
A.
Notice of violation.
(1)
Whenever the Director of Community and Economic Development 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 and Economic Development 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 and Economic Development 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 and Economic Development 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:
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.
[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.
ACCESSIBLE (AS APPLIED TO WIRING METHODS)
APPLIANCE
APPROVED
ARC-FAULT CIRCUIT INTERRUPTER
BONDING
BRANCH CIRCUIT
CODE
CONCEALED
DWELLING UNIT
EQUIPMENT
EQUIPMENT GROUNDING CONDUCTOR
EXPOSED
GROUNDED
GROUNDED CONDUCTOR
GROUNDING CONDUCTOR
GROUNDING ELECTRODE CONDUCTOR
GROUND-FAULT CIRCUIT INTERRUPTER
LIGHTING OUTLET
LISTED
MULTIFAMILY DWELLING
ONE-FAMILY DWELLING
OUTLET
PANEL BOARD
PROPER
RACEWAY
RECEPTACLE
RECEPTACLE OUTLET
SERVICE
TWO-FAMILY DWELLING
UTILIZATION EQUIPMENT
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:
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.
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.
Acceptable to the authority having jurisdiction.
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.
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.
The circuit conductors between the final over current device
protecting the circuit and the outlet(s).
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.
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.
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.
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.
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.
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.
Connected to earth or to some other conducting body that
serves in place of the earth.
A system or circuit conductor that is intentionally grounded.
A conductor used to connect equipment or the grounded circuit
of a wiring system to a grounding electrode.
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.
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.
An outlet intended for the direct connection of a lamp holder,
a lighting fixture or a pendent cord terminating in a lamp holder.
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.
A building that contains three or more dwelling units.
A building that consists solely of one dwelling unit.
A point on the wiring system at which current is taken to
supply utilization equipment.
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.
An installation or part thereof that is made in a thorough
manner to ensure a nonhazardous condition.
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.
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.
An outlet where one or more receptacles are installed.
The conductors and equipment for delivering energy from the
electricity supply system to the wiring system of the premises served.
A building that consists of two dwelling units.
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.
(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.
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; 4-7-2020 by Ord. No. 20-015]
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 and Economic Development, on forms provided by him, and
shall set forth the following in addition to general requirements:
(2)
Each application shall be referred to the Chief Housing Inspector
for inspection and his/her report to the Director of Community and
Economic Development. 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 and Economic
Development, 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; 4-7-2020 by Ord. No. 20-015]
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 and Economic Development
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 and Economic Development.
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; 4-7-2020 by Ord. No. 20-015]
A.
AGENT
APARTMENT COMPLEX
APARTMENT or DWELLING
CHANGE IN TENANCY
HABITABLE SPACE
LANDLORD
LANDLORD REGISTRATION
OWNER
PERSON
RENTAL FACILITY
RENTAL UNIT
TENANT
Definitions. Unless the context clearly indicates a different meaning,
the following words or phrases when used in this section shall have
the following meanings:
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.
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.
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.
A change in the tenant renting a rental unit.
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.
The legal entity listed upon the title as it appears in the
public records after the deed is properly recorded.
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]]
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.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
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.
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes.
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:
(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 and Economic Development 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.
(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.
(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.
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 and Economic Development
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 and Economic Development 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 of Community and Economic
Development, 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.
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.
(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.
[Added 4-4-2023 by Ord. No. 23-014]
A.
DUST WIPE SAMPLING
DWELLING
DWELLING UNIT
MULTIPLE DWELLING
PERIODIC LEAD-BASED PAINT INSPECTION
REMEDIATION
TENANT TURNOVER
Definitions. The following shall have the meaning as used in and
in accordance with N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1,
et seq.
A sample collected by wiping a representative surface and
tested, in accordance with a method approved by the United States
Department of Housing and Urban Development (HUD) and as conducted
pursuant to N.J.A.C. 5:28A-2.3.
A building containing a room or rooms, or suite, apartment,
unit or space that is rented and occupied, or intended to be rented
and occupied, for sleeping and dwelling purposes by one or more persons.
A unit within a building that is rented and occupied, or
intended to be rented and occupied, for sleeping and dwelling purposes
by one or more persons.
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other. "Multiple dwelling" also means any group
of 10 or more buildings on a single parcel of land or on contiguous
parcels under common ownership, in each of which two dwelling units
are occupied, or intended to be occupied, by two persons or households
living independently of each other, and any land appurtenant thereto,
and any portion thereof. "Multiple dwelling" does not include those
buildings and structures that are excluded pursuant to N.J.S.A. 55:13A-3(k).
The initial inspection of all applicable dwelling units at
the earlier of two years from the effective date of N.J.S.A. 52:27D-437.16,
or tenant turnover and, thereafter, the earlier of three years or
upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the
purposes of identifying lead-based paint hazards in dwellings subject
to the following sections.
Interim controls or lead abatement work undertaken in conformance
with the sections to address lead-based paint hazards.
The time at which all existing occupants vacate a dwelling
unit, and all new tenants move into the dwelling unit or the time
at which a new tenant enters a vacant dwelling unit.
B.
Inspections authorized. In accordance with N.J.S.A. 52:27D-437.16
and N.J.A.C. 5:28A- 1.1 et seq., the Township shall designate an outside
agency, retained by the Township pursuant to law, and the Township
empowers said outside agency to conduct the lead-based paint inspections
for all applicable dwelling units offered for rent to determine the
presence of lead-based paint pursuant to this chapter and/or the provisions
of N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq.
C.
Lead-Based Paint Inspection. Inspections for lead-based paint in
dwelling units shall be governed by the standards set forth in N.J.S.A.
52:27D-437.1 et seq. and N.J.S.A. 55:13A-1 et seq. A dwelling unit
in a single-family, two-family, or multiple rental dwelling shall
not be subject to inspection and evaluation for the presence of lead-based
paint hazards if the unit:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
Is in a multiple dwelling that has been registered with the New Jersey
State Department of Community Affairs as a multiple dwelling for at
least 10 years, either under the current or a previous owner and has
no outstanding lead violations from the most recent cyclical inspection
performed on the multiple dwelling under the "Hotel and Multiple Dwelling
Law". N.J.S.A. 55:13A-1 et seq.;
(4)
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
(5)
Has a valid lead-safe certification. Lead-safe certifications are
valid for two years from the date of issuance pursuant to N.J.A.C.
5:28A-2.4.
The owner, landlord, and/or agent of every single-family, two-family,
and/or multiple dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards as
required in this chapter, or at tenant turnover, whichever is earlier.
If a landlord, owner, and/or agent so chooses, a dwelling unit owner
or landlord may directly hire a licensed lead evaluation contractor
to conduct the periodic lead-based paint inspections for lead-based
paint. Inspections shall be performed as per the timetable set forth
below.
A.
The initial inspection for all single-family, two-family, and multiple
dwellings subject to this chapter shall be upon tenant turnover or
within two years of the effective date of N.J.S.A. 52:27D-437.16 (July
22, 2022), whichever is sooner.
B.
Thereafter, all such dwelling units shall be inspected for lead-based
paint hazards every three years or upon tenant turnover, whichever
is earlier, except that an inspection shall not be required at tenant
turnover if the dwelling unit owner has a valid lead-safe certification
for the dwelling unit.
C.
The next periodic lead-based paint inspection shall be counted from
the most recent periodic lead-based paint inspection which resulted
in a valid lead-safe certification.
A licensed lead evaluation contractor shall collect samples
by dust wiping surfaces, including floors, interior windowsills, and
other similar surfaces, and tested in accordance with methods approved
by the State of New Jersey and/or the United States Department of
Housing and Urban Development. A visual assessment may also by undertaken
during the course of the dust wipe sampling.
Whenever any dwelling unit is scheduled for a tenant turnover,
the then-current landlord, owner, and/or agent shall provide written
notice to the Housing Division that an inspection is needed at 20
calendar days' prior to the scheduled date of the tenant turnover.
All inspections and reinspections shall take place within 15
calendar days of the requested inspection. Inspection fees shall be
paid prior to the inspection. No inspections or reinspections shall
take place unless all fees are paid. Scheduled inspections or reinspections
may be canceled by the Housing Division, unless the completed application
and required fees have been received by the Township at least 24 hours
prior to the scheduled inspection or on the last working day prior
to the scheduled inspection. Every inspection where the landlord,
tenant, owner, or agent has failed to provide access for inspection
shall be deemed a failed inspection.
If a lead-based paint hazard is identified in an inspection
of one of the dwelling units in a building consisting of two or more
dwelling units, then the lead contractor shall inspect the remainder
of the building's dwelling units, with the exception of those
dwelling units that have been certified to be free of lead-based paint
or which have a valid lead-safe certification.
The licensed lead evaluation contractor shall supply a copy
of the lead-safe certification to the landlord, owner, and/or agent
of the dwelling. A copy shall also be provided to the Housing Division
at the time it is issued. If a lead evaluation contractor or permanent
local agency finds that a lead-based paint hazard exists in a dwelling
unit, they shall notify the New Jersey State Department of Community
Affairs, Division of Local Government Services for review of the findings,
in accordance with the Lead Hazard Control Assistance Act.
The owner of the dwelling unit shall be responsible for remediation
of the lead-based paint hazard. Remediation must be conducted consistent
with the requirements at N.J.A.C. 5:28A-2.5 and such remediation shall
be documented to the Housing Division.
A.
Cost. The following represents the cost to complete the scope of
work, per dwelling. Analytical costs are based on standard two-week
turnaround time.
|
Activity
|
Cost
|
|---|---|
|
Lead Dust Wipe Sampling
| |
|
Single-family home
|
$475
|
|
Two-family home
|
$520
|
|
Three-family home
|
$565
|
|
Four-family home
|
$610
|
B.
An additional $20 fee shall be assessed in accordance with N.J.S.A.
52:27D-437.16 and N.J.A.C. 5:28A-2.2, to be deposited into the Lead
Hazard Control Assistance Act Fund under the administration of the
New Jersey State Department of Community Affairs.
C.
All fees shall be nonrefundable if the applicant fails to cancel
the requested inspection at least 48 hours prior to a scheduled inspection.
This is separate and apart from the non-access fee set forth above.
Said fee shall be dedicated to meeting the costs of implementing and
enforcing this chapter for lead-based paint inspections and shall
not be used for any other purpose.
D.
A dwelling landlord, owner, and/or agent may directly hire a certified
lead evaluation contractor who is certified to provide lead paint
inspection services by the New Jersey State Department of Community
Affairs to satisfy the requirements of this chapter and the requirements
of N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.1 et seq., in which
case no additional lead-based paint inspection fee shall be paid;
provided, however, that the additional $20 fee shall still be assessed
in accordance with N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-2.2,
payable to the Township of Hamilton, to be deposited into the Lead
Hazard Control Assistance Act Fund under the administration of the
New Jersey State Department of Community Affairs.
A.
The landlord, owner, and/or agent of a dwelling that is subject to
this chapter shall provide to the tenant and to the Township evidence
of a valid lead-safe certification obtained pursuant to this chapter
at the time of tenant turnover. The owner shall also affix a copy
of any such certification as an exhibit to the tenant's lease.
B.
The owner of a multiple dwelling that is subject to this chapter
shall provide evidence of a valid lead-safe certification obtained
pursuant to this chapter, as well as evidence of the most recent tenant
turnover, at the time of any cyclical inspection performed pursuant
to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
C.
The owner of a dwelling that is subject to this chapter shall maintain
a record of the lead-safe certification, which shall include the name
or names of a unit's tenants, if the inspection was conducted
during a period of tenancy.
D.
The owner of any dwelling subject to this chapter shall inform the
Township of all tenant turnover activity to ensure any required inspection
may be scheduled.
E.
The owner of a dwelling shall provide a copy of this chapter, and
any lead-safe certifications issued pursuant thereto, along with the
accompanying guidance document, Lead-Based Paint in 23 Rental Dwellings,
to any prospective owners of the dwelling during a real estate transaction,
settlement, or closing.
A.
Pursuant to N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-4.1, the Housing
Division is authorized to conduct investigations and issue penalties
in order to enforce a landlord's, owner's, and/or agent's
failure to comply with this chapter.
B.
The owner of the dwelling shall first be given a period of 30 calendar
days to cure any violation by conducting the required inspection or
initiating any required remediation efforts.
C.
If the owner of the dwelling has not cured the violation within that
time period, they shall be subject to a penalty, not to exceed $1,000
per week, until the required inspection has been conducted or the
remediation efforts have been initiated.
D.
Remediation efforts shall be considered to be initiated when the
dwelling owner has hired a lead abatement contractor or other qualified
party to perform lead-hazard control methods.
