[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Director of the Department of Housing Services of the Town is hereby designated as the officer to exercise the powers prescribed by this article, and he shall serve in such capacity without any additional salary.
[Amended 9-11-1973 by Ord. No. MC 2376; 7-24-1984 by Ord. No. MC 2734]
A. 
The International Property Maintenance Code and any subsequent additions or amendments thereto or editions thereof, is hereby adopted as the property maintenance code, hereinafter sometimes referred to as the "housing code," of the Township of Irvington, of which code not less than three copies shall be filed in the office of the Clerk of the Township, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the Township.
[Amended 1-24-2012 by Ord. No. MC 3456]
B. 
The following words and/or phrases shall be inserted in the place and stead of the bracketed words and/or phrases in the following sections of said housing code:
(1) 
Section PM-100.1: Township of Irvington.
(2) 
Section PM-109.2 Penalty.
[Amended 9-8-1987 by Ord. No. MC 2835[1]]
(a) 
Any person, firm or corporation who shall violate any provision of this code shall be subject to the following:
[1] 
For the first violation: a fine of $50.
[2] 
For the second violation: a fine of $250.
[3] 
For the third violation: a fine of $500.
[4] 
For the fourth violation: a fine of $1,000. In addition, a mandatory court appearance is required for the fourth violation.
(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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Section PM-111.4: 30.
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the housing code adopted and established by this article as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 11-24-1970 by Ord. No. MC 2270; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
A. 
The Director of the Department of Housing Services or his authorized agent is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Town in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
B. 
For the purpose of making such inspections, the Director of the Department of Housing Services or his authorized agent is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Director of the Department of Housing Services free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey.
Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling 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 article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
[Amended 11-24-1970 by Ord. No. MC 2270; 9-26-1972 by Ord. No. MC 2333]
A. 
Whenever the Director of the Department of Housing Services or his authorized agent determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, or whenever any of the services, facilities, equipment or utilities referred to and required by the housing code shall have been or are about to be removed from, shut off or discontinued in any occupied dwelling let or occupied, except for such temporary interruption as may be necessary while actual repairs are in progress during temporary emergencies when discontinuation of services is authorized by the Director of the Department of Housing Services as the public officer designated by the housing code, and same shall continue or are likely to continue for a period of five days, such Director or his duly authorized agent shall give notice of the violation or impending violation to the person responsible therefor, as hereinafter provided.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
Such notice shall:
(1) 
Be put in writing.
(2) 
Include a statement of the reasons why it is being issued.
(3) 
Allow a reasonable time for the performance of any act it requires.
(4) 
Be served upon such owner or his agent or upon such occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally, or if a copy thereof is served upon him by registered mail to his last known residence, or a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this state.
C. 
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with the rules and regulations adopted pursuant thereto.
D. 
Owner's address.
[Added 12-11-2007 by Ord. No. MC 3360; amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
(1) 
Any owner of a building located in the Township of Irvington, whether same be residential or commercial, shall provide his or her actual address of domicile and the true address of the company to the Township Department of Housing Services, Tax Collector and Tax Assessor's office.
(2) 
Anyone found in violation of this subsection, requiring owners of buildings to provide their actual address of domicile and the true address of the company to the Township Department of Housing Services, Tax Collector and Tax Assessor's office, shall be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 11-24-1970 by Ord. No. MC 2270]
A. 
Any person affected by any notice pursuant to § 355-6 which has been issued in connection with the enforcement of any provision of this article or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Director of the Department of Housing Services, provided that such person shall file in the office of the Director a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the date the notice was served. Upon receipt of such petition the Director shall set a time and place for such hearing and shall give the petitioner written notice thereof.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner, the Director may postpone the date of the hearing for a reasonable time beyond such ten-day period if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
[Amended 11-24-1970 by Ord. No. MC 2270; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
After the hearing provided for by § 355-7, the Director of the Department of Housing Services shall sustain, modify or withdraw the notice referred to in such section, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Director sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Director within 10 days after such notice is served. The proceedings at such hearing, including the findings and decisions of the Director, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Director. 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 Director or his authorized agent may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
[Added 11-28-1967 by Ord. No. MC 2177]
If any owner fails to comply with the Director's order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the Director may, in order to protect the public's health and safety, cause such building premises to be altered, repaired or improved, or to be vacated and closed; and further, the Director may cause to be posted upon the front or main entrance of any such building premises a placard or notice containing the following wording: "This building is unfit for human habitation or occupancy or use; the use or occupation of these premises is prohibited and unlawful."
[Added 11-28-1967 by Ord. No. MC 2176; amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
A. 
Application. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this chapter without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and where the right of access has been refused the owner, operator or occupant or where the owner or persons responsible for granting permission cannot be found or located, then, upon filing of affidavit setting forth the facts with the Director of Housing Services, such Director shall serve a ten-day written notice of a hearing in accordance with the provisions for service contained in § 355-6 upon the owner, operator or occupant of any adjoining premises affected by the application.
B. 
Hearing. On the day fixed for hearing, the Director of Housing Services shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access should not be granted across such adjoining properties.
C. 
Certificate. If the Director of Housing Services determines that access is necessary to accomplish or complete repairs or improvements necessary for compliance with this chapter, then the Director of Housing Services shall issue a certificate of necessity setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect the adjoining property, reasonable time limits during which certificate shall operate, precautions to be taken to avoid damage and, where the Director of Housing Services deems proper, that a surety company bond approved by the Town Attorney be procured at the expense of any of the persons seeking access to secure the adjoining property against damage to persons or property arising out of such rights of access. The bond shall not exceed in amount $25,000 and the amount set shall take into consideration the extent, nature and duration of the repairs, the proximity of the improvement on the premises affected and potential risk or damage thereto. The bond shall be filed with the Director of Housing Services.
D. 
Access refusal procedure. Any refusal to comply with this section or any interference with access to premises pursuant to a certificate issued hereunder shall be a violation of this chapter, and, in addition to penalties provided hereunder, the Director of Housing Services may, upon affidavit, apply to the Judge of the Municipal Court for a warrant authorizing access to the premises under appropriate conditions and circumstances as provided in this section.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Whenever the Director of Housing Services finds that an emergency exists which requires immediate action to protect the public health or safety, 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 the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Director of Housing Services shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Director of Housing Services shall continue such order in effect, or modify or revoke it.
[Amended 6-10-1975 by Ord. No. MC 2451; 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
The Director of Housing Services is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this article; provided, however; that such rules and regulations shall not be in conflict with the provisions of this article nor in anywise alter, amend or supersede any of the provisions thereof. The Director of Housing Services shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Town Clerk.
[Added 9-26-1972 by Ord. No. MC 2331; amended 6-10-1975 by Ord. No. MC 2451; 5-24-1977 by Ord. No. MC 2491; 6-27-1995 by Ord. No. MC 3020; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 6-26-2023 by Ord. No. MC 3830]
A. 
It shall henceforth be unlawful for any owner or prospective purchaser of real property to sell, convey, deliver or transfer, and for any purchaser to purchase, take title or possession of, any newly constructed or substantially renovated building or premises until a certificate of occupancy to the effect that such building or premises complies with and conforms to the provisions of this chapter shall have been issued by the Director of the Department of Housing Services or his designee. The certificate of occupancy shall be issued after proper application has been executed and filed by the owner or the purchaser, as required, and after inspection and approval by a housing inspector designated by the Director of the Department of Housing Services. The fee for such inspections shall be as provided for in § 355-27 of this chapter.
B. 
The procedures for obtaining the certificate of occupancy shall be as adopted, promulgated and set forth by the Director of Housing Services and as approved by the Municipal Council of the Town after the Director of Housing Services has adopted, promulgated and set forth such procedures; further, these procedures may be amended from time to time as the need may arise, with the approval of the Municipal Council of the Town.
C. 
In the event the agreement of sale, conveyance or transfer of possession provides for or contemplates an "as is" sale, conveyance or transfer, then a copy of said agreement shall be attached to the application which application must be signed by both the seller, grantor or transferor and the purchaser, grantee or transferee. If the inspection of the building or premises reveal violations of the housing or building code or ordinances which will not be repaired or corrected before title closing or transfer of possession, then the Director of the Department of Housing Services may issue a nonrenewable temporary certificate of occupancy for a period not in excess of six months from the date of conveyance or transfer of possession. When a temporary certificate of occupancy is issued, the purchaser or transferee shall acknowledge receipt of said certificate and obligation to comply with the provisions and requirements of the housing code, building code and the Town ordinances applicable to same. When the property that is the subject of the temporary certificate of occupancy is more than 500 units, then the Director of Housing Services, in his discretion, may authorize up to two additional six-month extensions in order for the owner to cure any violations, provided that the property owner pays for all expenses to the Township as assessed by the Department of Housing Services, due to the extended time period for compliance.
D. 
Whenever there is a change in tenant, lessee, renter or owner of any nonresidential structure or part thereof for the purpose of conducting a commercial business the tenant, lessee, renter or owner must apply for and obtain a certificate of continued occupancy from the Department of Housing & Building services prior to commencing any business activity.
E. 
The responsibility and liability for obtaining or not obtaining the certificate of occupancy and/or a certificate of continued occupancy is with the property owner, the prospective purchaser and the prospective tenant. The fact that all have abrogated the responsibility hereinabove shall not diminish the liability of either one or the other to the exclusion or inclusion of the other.
[Added 11-13-1972 by Ord. No. MC 2338; amended 6-10-1975 by Ord. No. 2451; 5-24-1977 by Ord. No. MC 2491]
The following transfers, conveyances or delivery of any building or premises are hereby exempt from the requirement of an application for certificate of occupancy as required in § 355-13:
A. 
Whenever a transfer, conveyance or delivery of premises is made between immediate members of a family, including but not limited to husband and wife.
B. 
Whenever a property or premises has been inspected and a certificate of occupancy has been issued within six months prior thereto.
C. 
Whenever premises are purchased specifically for the building thereon to be demolished, then, in that event, such intention shall be given to the Director of the Department of Housing Services in writing, and the necessary demolition permit shall be applied for from the applicable department in the Town.
[Amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
D. 
Transfer or delivery of premises by reason of probate proceedings; this shall only be exempted if the purchaser or purchasers or grantees or grantors are heirs or beneficiaries under a probated last will and testament.[1]
[1]
Editor's Note: Former § 119-15 of the 1981 Revised Code, Violations and penalties, which previously followed this section, added 11-24-1970 by Ord. No. MC 2270, as amended, was repealed 7-24-1984 by Ord. No. MC 2734.
[Added 7-14-1981 by Ord. No. MC 2632; amended 10-13-1981 by Ord. No. MC 2642; 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. 2769; 2-10-1987 by Ord. No. MC 2824; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 7-14-2009 by Ord. No. MC 3407; 12-29-2009 by Ord. No. MC 3413; 7-1-2014 by Ord. No. MC 3511; 6-26-2023 by Ord. No. MC 3831; 1-13-2025 by Ord. No. MC 3892; 9-8-2025 by Ord. No. MC 3916]
A. 
Certificate of Housing Compliance; fees.
(1) 
It shall henceforth be unlawful for any owner or prospective purchaser of real property to sell, convey, deliver or transfer, and for any purchaser to purchase, take title or possession of, any building containing residential units or premises until a Certificate of Housing Compliance to the effect that such building containing residential units or premises complies with and conforms to the provisions of this chapter shall have been issued by the Director of the Department of Housing Services or his designee. The Certificate of Housing Compliance shall be issued after proper application has been executed and filed by the owner or the purchaser, as required, and after inspection and approval by a Code Enforcement Officer designated by the Director of the Department of Housing Services. The fee for such inspections shall be as provided for in this chapter.
(2) 
There shall be a charge of $237 per dwelling unit up to and including three dwelling units per building; $116 per dwelling unit in excess of three dwelling units per building. Each reinspection shall require a fee per dwelling unit up to and including three dwelling units per building for inspections for the purpose of issuing a certificate of occupancy. All such fees collected for said inspections shall forthwith be transmitted to the Township Treasurer.
(3) 
The procedures for obtaining the Certificate of Housing Compliance shall be as adopted, promulgated and set forth by the Director of Housing Services and as approved by the Municipal Council after the Director of Housing Services has adopted, promulgated and set forth such procedures; further, these procedures may be amended from time to time as the need may arise, with the approval of the Municipal Council.
(4) 
In the event the agreement of sale, conveyance or transfer of possession provides for or contemplates an as-is sale, conveyance or transfer, then a copy of said agreement shall be attached to the application, which application must be signed by both the seller, grantor or transferor and the purchaser, grantee or transferee. If the inspection of the building containing residential units or premises reveal violations of the housing or building code or ordinances which will not be repaired or corrected before title closing or transfer of possession, then the Director of the Department of Housing Services may issue a nonrenewable temporary Certificate of Housing Compliance for a period not in excess of six months from the date of conveyance or transfer of possession. When a temporary Certificate of Housing Compliance is issued, the purchaser or transferee shall acknowledge receipt of said certificate and obligation to comply with the provisions and requirements of the housing code, building code and the Township ordinances applicable to same. When the property that is the subject of the temporary Certificate of Housing Compliance is more than 500 units, then the Director of Housing Services, in their discretion, may authorize up to two additional six-month extensions in order for the owner to cure any violations, provided that the property owner pays for all expenses to the Township as assessed by the Department of Housing Services, due to the extended time period for compliance.
(5) 
The responsibility and liability for obtaining or not obtaining the Certificate of Housing Compliance and/or Certificate of Habitability required is both with the property owner and prospective purchaser. The fact that one or both have abrogated the responsibility hereinabove shall not diminish the liability of either one or the other to the exclusion or inclusion of the other.
B. 
Certificate of habitability required; fees.
(1) 
It shall be unlawful for any owner of real property to which this section is applicable to rent, lease or otherwise deliver up for occupancy any dwelling unit until a temporary or permanent certificate of habitability has been obtained therefor from the Director of the Department of Housing Services or their designee.
(2) 
The fee for the issuance of a certificate of habitability shall be $98 per dwelling unit. Each re-inspection for the issuance of a certificate of habitability shall be $47 per dwelling unit. Upon compliance with the terms of a temporary certificate of habitability.[1] The owners must renew C/H every two years (by submitting a new application if present tenant is still residing in apartment).
[1]
Editor's Note: So in original.
(3) 
The owner of real property to which this section is applicable or their agent shall make application to the Director at least five business days prior to the date of anticipated occupancy of a dwelling unit for which a certificate of habitability is required. Failure of the Director to inspect the dwelling unit on or before the date of occupancy shall result in the issuance of a.[2] The Director shall then inspect the premises within 15 days of the date of occupancy. In the event that such inspection performed subsequent to the date of occupancy reveals minor violations, the Director shall issue a temporary certificate of occupancy conditioned upon the property owner's remedying such minor violations within 15 days of the date thereof. In the event that such inspection reveals substantial violations, the Director shall issue a temporary certificate of habitability conditioned upon the property owner's remedying such substantial violations within 15 days of the date thereof.
[2]
Editor's Note: So in original.
C. 
Contents. Certificates of habitability issued pursuant to this section shall set forth the maximum number of persons by which the dwelling unit may be occupied pursuant to the Town Code.
D. 
Notice to tenant. The owner of any real property to which this section is applicable or their agent shall cause a true copy of said temporary or permanent certificate of habitability to be personally delivered or mailed to the tenant or their representative within seven days of its issuance and a written receipt therefor executed by said tenant or representative.
E. 
(Reserved)
F. 
Definitions. For the purposes of this section, the following definitions shall apply:
CERTIFICATE OF HABITABILITY
A written certification issued by the Director that a dwelling unit is in substantial compliance with § 355-15B of this Code.
CERTIFICATE OF HOUSING COMPLIANCE
A written certification issued by the Director that a residential building is in substantial compliance with § 355-15A of this Code.
MINOR VIOLATION
A violation of the housing or other codes of the Township of Irvington which is not a substantial violation.
OWNER OF REAL PROPERTY
The owner, landlord or managing agent of any residential premises, except that this section shall not apply to premises containing one to four dwelling units, at least one of which is occupied by one or more of the owners thereof.
SUBSTANTIAL VIOLATION
A violation of the housing or other codes of the Township of Irvington which renders the dwelling unit hazardous to health or safety, such as exposed or deteriorated electrical wiring or fixtures, inoperable plumbing, lack of smoke detectors, lack of second means of egress, lack of security locks and bulging or severely cracked ceilings.
G. 
Responsibility of Director. The Director shall make available for inspection by the public at their office a clear written summary of the housing standards upon which the issuance of a certificate of habitability shall be based.
H. 
Appeals. Any person aggrieved by a denial of a temporary or permanent Certificate of Housing Compliance and/or Certificate of Habitability may appeal in writing to the Business Administrator, who shall hear the appeal, render a decision thereon and file their decision with a written statement of the reasons therefor with the Director of the Department of Housing Services not later than five business days following the submission of the appeal. A copy of the decision shall be mailed by ordinary first-class mail to the appellant. Failure to hear an appeal and render and file a decision thereon within the time limits prescribed herein shall be deemed a reversal of the decision of said Director.