[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.
BASIC HOUSING-PROPERTY MAINTENANCE CODE or BASIC CODE
HOUSING CODE OF THE TOWNSHIP
As used in this article, the following terms shall have the meanings
indicated:
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]
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.
BUILDING OFFICIAL
MUNICIPALITY
STRUCTURE
Whenever the following words, terms or phrases are used in the Basic
Housing-Property Maintenance Code, they shall have the meanings herein
given:
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]
Refers to the Township of Middletown.
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.
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.
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G.
Section H-141.0 is amended to read as follows:
H-141.0. RIGHT OF APPEAL
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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(a)
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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.
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(b)
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The housing officer shall also cause to be prepared appropriate
forms of such certificate of occupancy.
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(c)
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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)
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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.
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(e)
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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.
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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.
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.