Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1997 by Ord. No. 97-2479 as Ch. 154 of the 1996 Township Code]
This article shall be known as the "Housing Code of the Township" and may be so cited and referred to herein as "this code."
A. 
As used in this article, the following terms shall have the meanings indicated:
BASIC HOUSING-PROPERTY MAINTENANCE CODE or BASIC CODE
Refers to the current certain printed code entitled the "International Property Maintenance Code," as may be amended from time to time.
[Amended 3-20-2000 by Ord. No. 2000-2572]
HOUSING CODE OF THE TOWNSHIP
Refers to the provisions of the Housing Code of the Township of Middletown adopted as set forth in this chapter for the control of buildings and structures.
B. 
Whenever the following words, terms or phrases are used in the Basic Housing-Property Maintenance Code, they shall have the meanings herein given:
BUILDING OFFICIAL
Refers to the Construction Official of the Township, who is designated by the Township to enforce building, planning and development or similar laws and this code, or his duly authorized representative.
[Amended 8-4-1997 by Ord. No. 97-2479]
MUNICIPALITY
Refers to the Township of Middletown.
STRUCTURE
Refers to an assembly of materials forming a construction for occupancy or use, including, among others: buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences and display signs.
A. 
The whole of the Basic Housing-Property Maintenance Code as defined in § 294-2A is hereby incorporated by reference and made a part hereof as though it had been set forth at length, of which the required number of copies have been placed in the respective offices of the Township Clerk and the Construction Official and shall remain on file in each of said offices for the use and examination of the public so long as this chapter shall remain in effect.
B. 
Said Basic Housing-Property Maintenance Code as defined in § 294-2A is hereby adopted as the Housing Code of the Township and may be so cited.
In every case where any change in the basic code is made hereinafter, any such change will take precedence over any other provision in said code which is inconsistent therewith, and any such provision shall be considered to be conformed to it.
The following provisions of the basic code are hereby deleted, amended and supplemented as set forth below. Sections of the basic code which are deleted, amended and supplemented are identified by the same section numbers appearing in the basic code. Sections newly added are identified by the designation of a section number to conform as nearly as possible to the numbering system of said basic code.
A. 
Section H-101.0 is amended to read as follows:
H-101.0 Title: This code shall be known as the Minimum Housing Standards Code for dwellings and multifamily dwellings of the Township of Middletown, New Jersey, and is herein referred to as the "Housing Code" or "this code."
B. 
Section H-120.1 is amended to read as follows:
H-120.1 Enforcement officer. It shall be the duty and responsibility of the housing officer in the Division of Building and Inspections within the Department of Health, Welfare and Inspections to enforce the provisions of the Housing Code as herein provided.
C. 
Section H-121.0 is amended to read as follows:
H-121.0 Inspections: The Building Official shall make or cause to be made inspections to determine the conditions of dwellings, multifamily dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the safety, morals and welfare of the public under the provisions of this code. The Building Official is authorized, subject to law, to enter any dwelling, dwelling unit, multifamily dwelling, rooming house or premises at any reasonable time for the purpose of performing his duties under this code. The owner, operator or occupant of every dwelling, multifamily dwelling, dwelling unit or rooming unit or the person in charge thereof shall give the Building Official free access thereto and to all parts thereof and to the premises on which it is located at all reasonable times for the purpose of such inspection, examination and survey.
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 code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure or premises where inspection authorized by this code is sought, the administrative authority may seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference or, in the alternative, may seek a search warrant for said inspection.
D. 
Section H-121.1 is amended to read as follows:
H-121.1 Access by owner or operator: Every occupant of a dwelling unit shall give the owner or operator thereof or his agent or employee access to any part of such dwelling unit, rooming unit or its premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this code. If access is refused by any occupant, the administrative authority, in addition to any remedy herein provided, may seek, in a court of competent jurisdiction, an order that such occupant or other person in charge of the dwelling unit or rooming unit cease and desist interfering with said access.
E. 
Section H-121.2 is added to read as follows:
H-121.2 Structures that antedate adoption of codes: It is recognized by the Township Committee that many structures within the Township were constructed prior to the adoption of the BOCA Basic Building Code and the BOCA Basic Housing Code, as adopted by the Township, and that many of these older structures do not completely conform to the standards set forth in said code. It is the policy of the Township that henceforth whenever a structure which was constructed prior to the adoption of the BOCA Basic Building Code and the BOCA Basic Housing Code by the Township is inspected for compliance with this chapter, the officer making said inspection shall take into consideration the fact that said structure antedates the aforementioned codes. Such officer shall enforce only those provisions of the BOCA Basic Housing Code as pertain to structural soundness, sanitary facilities and such other provisions as reasonably relate to the health and safety of those occupying the premises.
F. 
Section H-140.3 is amended to read as follows.
[Amended 8-4-1997 by Ord. No. 97-2479]
H-140.3 Penalty for violations: Any person who shall violate any provision of this chapter or who fails to comply with any of the requirements thereof, including the basic code as adopted by the Township as set forth in § 294-3 hereof, shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
G. 
Section H-141.0 is amended to read as follows:
H-141.0. RIGHT OF APPEAL
There is hereby appointed an appeal official, who shall be the Construction Official of the Township, who is herewith designated as the Building Official for purposes of this chapter. The Building Official shall have the duty, responsibility and authority to decide any matters referred to him.
Any owner or person who is aggrieved with the ruling or decision of the enforcing officer in any matter relative to the interpretation or enforcement of any of the provisions of the Housing Code may appeal the decision or interpretation to the Building Official.
The appeal must be filed with the Building Official in writing, requesting a hearing and setting forth a brief statement of the grounds therefor, within 20 days after receipt of the ruling or decision of the enforcing officer.
Upon receipt of such petition, the Building Official shall set a time and place for a hearing and shall give the petitioner notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such ruling or decision of the enforcing officer should be modified or withdrawn.
After such hearing, the Building Official shall sustain, modify or withdraw the ruling or decision of the enforcing officer depending upon his findings as to whether the provisions of this chapter and of any rules and regulations adopted pursuant thereto have been complied with.
The proceedings at such hearing, including the findings and decisions of the Building Official, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Division of Building and Inspections within the Department of Health, Welfare and Inspections. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Building Official may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State of New Jersey.
Whenever the Building Official finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Building Official, shall be afforded a hearing within 48 hours. After such hearing, depending upon his findings as to whether the provisions of this chapter and of any rules and regulations adopted pursuant thereto have been complied with, the Building Official shall continue such order in effect or modify it or revoke it.
H. 
Section H-145.0 is added to read as follows:
[Amended 9-13-1977 by Ord. No. 1204; 7-24-1979 by Ord. No. 1273; 10-23-1979 by Ord. No. 1333]
H-145.0. CERTIFICATE OF OCCUPANCY
No owner, owner of rental properties, agent of owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall sell, rent, transfer, grant, lease, let, mortgage, with right of occupancy, or otherwise dispose of the ownership or occupancy thereof, whether or not for a consideration and whether such disposal of ownership or occupancy is temporary or permanent, any dwelling unit, hotel, motel, rooming unit, boardinghouse or premises on which a building is located and is used for human occupancy, unless a certificate of occupancy certifying that the building and premises are in compliance with all other ordinances of the Township shall first be obtained from the housing officer of the Township. Such a certificate of occupancy shall be granted or denied within 10 days from the date of the application for the same. The requirements of this section shall not apply to premises occupied seasonally or for any period less than three months in duration, provided that said building or premises are not used as the primary residence of the occupants. In the case of such seasonal or other occupation of such short duration, the owner or other person in charge of renting, leasing or letting the premises will apply for a certificate of occupancy annually. The owners of such rental properties or agents of owners of such premises or buildings intended or used for seasonal or other occupancy shall first register with the housing officer of the Township before becoming eligible for the issuance of annual certificates of occupancy.
(a)
The housing officer shall cause to be prepared appropriate application forms for such certificate of occupancy, which forms shall be available at the office of the housing officer.
(b)
The housing officer shall also cause to be prepared appropriate forms of such certificate of occupancy.
(c)
A charge for rentals and for transfers of ownership as set forth in Chapter 240, Fees, to cover the cost of inspection in connection with such application shall be paid to the housing officer at the time the application is filed and shall not be refundable.
[Amended 11-27-1979 by Ord. No. 1338; 8-4-1997 by Ord. No. 97-2479]
(d)
No certificate of occupancy of any kind or for any purpose shall be issued unless and until the premises involved are adequately equipped with Underwriters' Laboratories, Inc., (UL) approved devices to detect and warn of the presence of smoke and fire.
(e)
In the case of new construction or alteration or improvement of an existing structure where a certificate of occupancy is required under the Uniform Construction Code (N.J.A.C. 5:23-1.1), no additional fee shall be required upon application for a certificate of occupancy under this section.
I. 
Section H-210.0 is amended and supplemented as follows:
H-210.0. APPLIED MEANING OF WORDS AND TERMS (as amended and supplemented by the provisions of § 294-2).
J. 
Section H-413.0 is amended to read as follows:
H-413.0 Heating equipment: Every space heating, cooking and water-heating device located in a dwelling or multifamily dwelling shall be properly installed, connected and maintained and shall be capable of performing the function for which it was designed in accordance with the provisions of the Building Code. Under no circumstances shall kerosene heating devices of any kind be permitted under this code, and the same are hereby specifically prohibited.
K. 
Section H-436.0 is amended to read as follows:
H-436.0 Ventilation and light in bathroom and water closet: Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Sections H-431 and H-434, except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system. Required duct work in all ventilation systems shall be of metal and not of any other material.
[Adopted 5-10-1977 by Ord. No. 1172 (Ch. 121 of the 1996 Township Code)]
Notwithstanding any ordinances prohibiting or restricting the occupying of mobile homes or house trailers within any given zone of the Township of Middletown, whenever any residential dwelling unit within the Township of Middletown is destroyed or so damaged by fire, storm, explosion or other disaster so as to be uninhabitable until major repairs and renovations can be made and, when the owner or occupant of said dwelling unit notifies the Township Construction Official that he has applied to the Zoning Board of Adjustment for a variance and said owner or occupant certifies in said notice that alternate off-site housing is unavailable to the occupants during the time required to renovate and repair their dwelling, then the Township Construction Official may issue to said owner or occupant a permit to maintain and occupy a mobile home or house trailer upon the affected property for a period as determined by the Construction Official following the occasion of the disaster or the completion of all repairs and renovations necessary to obtain a certificate of occupancy or the issuance of a variance by the Zoning Board of Adjustment, whichever comes first.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Said mobile home or house trailer shall otherwise comply with all local, state and federal safety and health regulations and shall not exceed two separate trailer units or a total area of 1,800 square feet.