[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 9-12-1990 by Ord. No. 90:09; amended in its entirety 1-14-1998 by Ord. No.
97:12. Subsequent amendments noted where applicable.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough Housing Code Official, his designee or an agency
authorized to perform inspections on behalf of the Borough.
A.
Rental units. All buildings, structures and units thereof that are
leased or rented, regardless of the term, in the Borough of Somerdale
for living or sleeping purposes shall be inspected by the Housing
Code Official on every initial occupancy or change of occupancy after
the effective date of this chapter, but there shall not be more than
one such inspection of each leased or rented building, structure or
unit thereof in any calendar year. All buildings, structures and units
thereof which are leased or rented and not currently occupied at the
time this chapter takes effect shall be considered initial occupancies
and shall be subject to the inspection provisions hereof.
B.
Resale of buildings. All existing homes, dwellings, buildings and
structures in the Borough of Somerdale that are being sold, conveyed
or transferred from one owner to another owner shall be inspected
by the Housing Code Official upon such resale after the effective
date of this chapter, but such code compliance inspection shall not
be required for entirely new construction, as such new construction
shall instead require a certificate of occupancy issued by the Construction
Code Official. Any change in ownership representing 10% or more of
the ownership interest being transferred or conveyed shall require
a certificate of compliance inspection by the Housing Code Official
as set forth herein.
All dwellings, buildings, structures and units thereof which
are inspected pursuant to this chapter shall comply in all respects
with the requirements of Borough ordinances, the applicable provisions
of the New Jersey Uniform Construction Code, and the provisions of
N.J.S.A. 55:13A-1 et seq. and N.J.S.A. 55:13B-1 et seq., as may be
applicable.
The current owner, rental agent or manager of all buildings
and structures and units thereof which are subject to inspection pursuant
to this chapter shall be responsible for notifying, in writing, the
Housing Code Official that such premises are to be leased or rented,
or are to be sold or transferred, so that an inspection or reinspection
may be made.
Upon completion of an inspection of the premises and the same
being determined by the Housing Code Official to comply with this
chapter, a certificate of compliance shall issue. A copy of this certificate
of compliance shall be posted by the owner, rental agent or manager
of the inspected property in each separate leased or rented unit or
provided to the purchaser or buyer upon the resale of a dwelling or
building prior to or at settlement or closing. No tenant shall occupy
any building, structure or any units thereof and no buyer or purchaser
may complete or close settlement on the property until a certificate
of compliance has issued.
In the event that the Housing Code Official determines, after
an inspection, that the premises in question are in violation of this
chapter, the Housing Code Official shall notify, in writing, the owner,
rental agent or manager of the violations noted. Upon correction of
the violations, the owner, rental agent or manager shall notify, in
writing, the Housing Code Official that the corrections have been
made so that a reinspection of the property may occur. If, upon reinspection
of the property, the Housing Code Official determines that previous
violations were not corrected or new violations exist, then the Housing
Code Official shall, again in writing, notify the owner, rental agent
or manager of the inspected property of the violations, and this process
shall continue until all violations have been corrected.
Service shall be deemed to be properly served upon such owner
if a copy thereof is delivered to the owner, rental agent or manager
personally; or by leaving the notice at the usual place of abode in
the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof; or by certified or
registered mail addressed to the owner at the last known address with
return receipt requested; or, if the certified or registered letter
is returned with receipt showing that it has not been delivered, by
posting a copy thereof in a conspicuous place in, on or about the
dwelling, building, or structure affected by such notice and there
shall be at least one publication of such notice in a local newspaper
of general circulation.
If, subsequent to the issuance of a certificate of compliance,
the Housing Code Official learns or becomes aware of violations of
this chapter, an inspection shall be made of the subject premises.
If violations are found to exist, then notification, in writing, shall
be given to the owner, rental agent or manager, and said person shall
have 10 days from service of the notice to correct all deficiencies
noted therein. In the event that the same have not been corrected
within 10 days, then the certificate of compliance may be revoked
by the Housing Code Official by mailing a notice of revocation by
certified mail to the owner, rental agent or manager and to the tenant
or tenants, or the perspective buyer or purchaser, and the premises
will be vacated, if already occupied or occupancy shall hereby be
prohibited if not already occupied.
B.
Each day that a violation continues, after due notice has been served
in accordance with the terms and provisions hereof, shall be deemed
a separate offense.
C.
Notwithstanding any of the aforementioned and not in limitation thereof,
in case any violation order is not promptly complied with, the Housing
Code Official may request the Borough Solicitor to institute an appropriate
action or proceeding at law or equity to exact the penalty provided
as indicated above or may ask the Borough Solicitor to proceed at
law or in equity against the persons responsible for the violation
for the following purposes:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work.
(2)
To restrain or correct the erection, installation or alteration of
each structure.
(3)
To require the removal of work in violation.
(4)
To prevent the occupation or use of the structure or part thereof
which was erected, constructed, installed or altered in violation
of or not in compliance with the provisions of this code or in violation
of a plan or specification under which an approval, permit or certificate
was issued.
