A.
The purpose of this chapter is to establish a bureau to administer
and enforce a Property Maintenance Code within the Township regarding
inspection, compliance and continuing certificate of occupancy issuance
for one- and two-family dwellings, dwelling units, multiple dwelling
units, manufactured homes, commercial buildings and/or commercial
tenant spaces during changes in tenancy, occupancy and or ownership.
B.
Applicants seeking certificates of occupancy and certificates of
continued occupancy regulated under the State Uniform Construction
Code Act, N.J.A.C. 5:23, for new construction, reconstruction, change
of use or otherwise regulated therein shall be exempt from the regulations
contained herein pursuant to applicable state law.
C.
The provisions of this chapter shall not apply to public housing
authorities, not-for-profit housing corporations or housing for the
developmentally disabled.
A.
A Code Inspection Bureau is hereby established consisting of a code
enforcement officer, referred to hereinafter as "Code Official," and
an administrative clerk.
B.
Each official position established in Subsection A, above shall be filled by a person qualified and certified for such position pursuant to New Jersey Division of Community Affairs rules and regulations.
C.
The offices of the Bureau shall be located at 1766 Union Avenue,
Hazlet Township, New Jersey 07730.
As used in this article, the following terms shall have the
meanings indicated:
The certificate issued by the Code Official indicating that,
as a result of a general inspection of the visible parts of the subject
property grounds and buildings, there are no unsafe conditions violative
of the Property Maintenance Code and the existing dwelling or commercial
unit, as the case may be, is approved for continued occupancy.
A.
The ICC International Property Maintenance Code, 2012 Edition, is hereby adopted and incorporated herein, with the revisions set forth in Subsection B below (hereafter referred to as "code"), as the standard regulating and governing the conditions of all properties, buildings and structures within the Township for purposes of determining habitability and occupancy requirements. Three copies of this code are to be maintained on file in the office of the Township Clerk for the use and examination of the public.
B.
The following provisions of the ICC International Property Code are
revised as follows for application within the Township:
(1)
Section 101.1 (page 1, second line), insert "Hazlet Township," as
follows:
[A] 101.1 Title.
These regulations shall be known as the International Property
Maintenance Code of Hazlet Township, hereinafter referred to as "this
code."
(2)
Section 102.3 (Page 1), Application of other codes: retain paragraph
heading but delete paragraph in its entirety and insert "Rules and
regulations for repairs, alterations, renovations and reconstruction
are contained within N.J.A.C. 5:23, Uniform Construction Code."
(3)
Section 103.5 (page 2) is hereby deleted entirely.
(4)
Section 302.4 (page 9, second line), insert "12 inches," as follows:
302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of 12
inches. All noxious weeds shall be prohibited. "Weeds" shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs; provided, however, that this term shall not include cultivated
flowers and gardens. Upon failure of the owner or agent having charge
of a property to cut and destroy weeds after service of a notice of
violation, they shall be subject to prosecution in accordance with
Section 106.3 and as prescribed by the authority having jurisdiction.
Upon failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut
and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
(5)
Section 304.14 (page 10, first line), insert "May 1" and "October
1" as follows:
304.14 Insect screens.
During the period from May 1 to October 1, every door, window
and other outside opening required for ventilation of habitable rooms,
food preparation areas, food service areas or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and
every screen door used for insect control shall have a self-closing
device in good working condition.
Exception: Screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
(6)
Section 602.3 (page 17, fifth line), insert "October 1" and "June
1" as follows:
602.3 Heat supply.
Every owner and operator of any building who rents, leases or
lets one or more dwelling units or sleeping units on terms, either
expressed or implied, to furnish heat to the occupants thereof shall
supply heat during the period from October 1 to June 1 to maintain
a minimum temperature of 68° F. (20° C.) in all habitable
rooms, bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor
design temperature for the locality, maintenance of the minimum room
temperature shall not be required, provided that the heating system
is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of
the International Plumbing Code.
2. In areas where the average monthly temperature is above 30°
F (-1° C.) a minimum temperature of 65° F. (18° C.) shall
be maintained.
(7)
Section 602.4 (page 17, third line), insert "October 1" and "June
1."
602.4 Occupiable work spaces.
Indoor occupiable work spaces shall be supplied with heat during
the period from October 1 to June 1 to maintain a minimum temperature
of 65° F. (18° C.) during the period the spaces are occupied.
Exceptions:
1. Processing, storage and operation areas that require cooling
or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous
physical activities.
(8)
Section 604.2 (page 17, third line), change "ICC Electrical Code"[1] to "National Fire Protection Association Standard No.
70 (National Electrical Code)," as follows:
604.2 Service.
The size and usage of appliances and equipment shall serve as
a basis for determining the need for additional facilities in accordance
with National Fire Protection Association Standard No. 70 (National
Electrical Code). Dwelling units shall be served by a three-wire,
120/240 volt, single-phase electrical service having a minimum rating
of 60 amperes.
[1]
Editor's Note: The original wording in Section 604.2
Service is "NFPA 70."
(9)
Section 507.1 shall be amended to add the following language:
[Added 3-19-2019 by Ord. No. 1639-19]
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Groundwater collected by sump pumps may not be discharged in
a way that creates a nuisance or dangerous condition, including but
not limited to icing or standing water in or on a public street, public
sidewalk, public right-of-way, or on any private or public property.
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A.
The Code Official shall enforce all rules and regulations within
this chapter and have the authority to promulgate procedures necessary
to implement the provisions of this chapter and state laws in the
interest of public health, safety and general welfare.
B.
Whenever there are practical difficulties involved in carrying out
the provisions of this chapter or code, the Code Official shall have
the authority to grant reasonable modifications for individual cases,
provided that the Code Official shall first find that the unique circumstances
of the individual case make the strict application of this chapter
impractical and the modifications do not substantially impair the
intent and purpose of the chapter and that such modifications may
be granted without detrimental impact upon health and safety requirements.
C.
Neither the Code Official nor his representative shall be deemed
to be granted any authority under this section to act in any manner
inconsistent with the requirements, restrictions or obligations of
this chapter or other statute or Administrative Code provision of
the State of New Jersey.
The Code Official shall cause to be prepared all appropriate
forms required to operate the Bureau, which forms shall be available
at the Bureau office and shall be available electronically on the
Township website. Applications may be processed electronically through
the GovOnline system and on the Township website.
A.
A certificate of continued occupancy must be obtained in connection
with any sale, resale, rental, lease, change of occupancy, or transfer
of title or ownership of any property containing a structure(s) intended
to be used for human habitation; provided, however, that applicants
seeking certificates of occupancy and certificates of continued occupancy
performed and regulated under the State Uniform Construction Code
Act, N.J.S.A. 52:27D-119 et seq., and regulations promulgated thereunder,
N.J.A.C. 5:23, for new construction, reconstruction, change of use
or otherwise regulated therein are exempt from these regulations pursuant
to state law. Vacant land and properties are also exempt.
B.
Temporary certificates.
(1)
A temporary certificate of continued occupancy may be issued at the
discretion of the Code Official following a visual inspection of the
property, upon request of the applicant in writing. Such certificates
may be issued if the Code Official finds there are no apparent life-safety
issues in the subject building that may cause harm or injury to the
occupant(s) and/or the general public during its normal anticipated
use.
(2)
Transfer of title. A property in disrepair may also be transferred "as is" upon written request of the purchaser for a title transfer temporary certificate of continued occupancy, provided that the purchaser submit along with the request an affidavit assuming all risk, acknowledging liability and holding the Township and Township officials and personnel harmless therefrom. In addition, no occupancy or use of any such structure shall be permitted until visual inspection by the Code Official finding there are no apparent life-safety issues in the subject building that may cause harm or injury to the occupant(s) and/or the general public during its normal anticipated use and the issuance of a temporary certificate of continued occupancy, as described in Subsection B(1), or finding that all code violations have been cured and the issuance of a certificate of continued occupancy, as described in Subsection A above. Notwithstanding time limits established by any other provisions hereof, any and all code violations must be cured within 90 days of the date the title transfer temporary certificate of continued occupancy is issued.
C.
Validity. Any temporary certificate of continued occupancy issued
pursuant to this article shall be valid for six months from the date
of issuance. If the unit is not brought into Code compliance and occupied
within this time period by the proposed occupant(s), a new certificate
must be obtained.
A.
No person shall occupy as owner or occupant, or rent to another for
occupancy, any dwelling, dwelling unit or manufactured housing unit
for the purpose of human habitation or any use or occupancy which
does not conform to the applicable provisions of the code unless otherwise
authorized by the Code Official in writing. This provision does not
exempt any owner of property from the requirements of the Township
of Hazlet's zoning, land use or other ordinances.
B.
No owner, agent of an owner, real estate broker or salesperson, company,
partnership, corporation or person(s) shall rent, rerent, lease, transfer,
release, grant, sell, resell, mortgage with right of occupancy or
otherwise dispose of the ownership or occupancy of any dwelling, dwelling
unit or manufactured housing unit, or to allow any person or persons
to live in or occupy same as a tenant or otherwise where there shall
be a change of occupancy, unless a continued certificate of occupancy
certifying that said residence or premises on which a building is
located and used for human occupancy is fit for human habitation and
that said unit is in compliance with the ordinances of the Township.
C.
In addition to the certificate of continued occupancy or temporary
certificate of occupancy issued by the Code Official, the Township
Committee hereby requires that each residence or dwelling have installed
therein and in operating order smoke detectors and carbon monoxide
(CO) alarms pursuant to N.J.A.C. 5:70-2.3 (N.J. Uniform Fire Code).
Before any residential structure or dwelling unit is sold, leased,
or otherwise made subject to a change of occupancy for residential
purposes, the owner shall obtain a certificate of smoke detector and
carbon monoxide alarm compliance (CSDCMAC), evidencing compliance
with N.J.A.C. 5:70-4.19 from the Fire Bureau prior to occupancy. Failure
to do so shall result in revocation of the certificate of continued
occupancy or temporary certificate of occupancy as the case may be.
D.
Landlord notification. Upon application for a certificate of occupancy
in manufactured home parks, one- and two-family rental units or multidwelling
facilities, the registered owner or facility manager shall be notified
(electronically) of the application submitted for occupancy and when
a certificate of occupancy is issued.
A.
The fee for an inspection and occupancy certificate shall be paid
at the time application is filed and before any reinspection is scheduled.
B.
The Code Official shall prepare and submit to the Township Committee
an annual report recommending a fee schedule review based upon the
operating expenses of the Bureau attributable to the enforcement of
this chapter and any other related activities or costs.
C.
The fees for inspection and issuance of a certificate of occupancy,
temporary certificate of occupancy or certificate of continued occupancy
shall be as follows:
Where common and public areas exist, such as in garden apartment
complexes, manufactured home parks, commercial shopping centers or
multiple dwellings, said facilities and improvements shall be inspected
annually by the Code Official for code compliance in lieu of and not
necessarily inspected concurrently each change in tenancy or occupancy
at the discretion of the Code Official. Any property maintenance violations
of common or public areas observed during changes in tenancy may also
be noticed and attached to such change in occupancy requiring abatement
prior to certificate issuance for any unit.
A.
Any person who violates any provision of this article and fails to
bring his/her/its property into compliance with the code or fails
to obtain the appropriate certificate(s) required hereunder within
a reasonable period of time after receiving written notice of said
violation(s) may be subject to monetary penalties not to exceed $500
per week.
B.
Orders and notice of penalties shall be served upon the person or
persons apparently responsible for causing the violation. When tenants
or lease holders specifically violate the code and a notice of violation
and order to terminate is issued by the Code Official, a copy of the
notice or order shall be provided to the property owner and landlord.
When violations occur due to landlord neglect or failure to obtain
a certificate and allowing occupancy, or defects in common areas,
notices and orders to terminate any such violation shall be issued
and served upon the property owner and landlord.
