[HISTORY: Adopted by the Common Council of the City of Corbin City by Ord. No. 3-99; amended in its entirety 11-12-2013 by Ord. No. 6-2013. Subsequent amendments noted where applicable.]
[Amended 3-13-2023 by Ord. No. 4-2023]
Pursuant to the provisions of N.J.S.A. 52:27D-123 and N.J.S.A. 40:49-5.1, the current edition of the International Property Maintenance Code, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Corbin City for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted and made part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, as hereinafter set forth.
The International Property Maintenance Code is hereby amended and revised prior to adoption as follows:
A.
Section 101.1. Insert: "Corbin City."
B.
Section 103.1. The Code Enforcement Officer of the City of Corbin City is hereby designated as the "code official" to administer and enforce the International Property Maintenance Code within the City of Corbin City. Anywhere within the International Property Maintenance Code where reference is made to "code official," it shall be construed as referring to the "Code Enforcement Officer of the City of Corbin City."
[Amended 3-13-2023 by Ord. No. 4-2023]
C.
Section 103.5. Fees shall be as otherwise prescribed in the Corbin City Code.
D.
Section 105.3. Any testing referred to in this section shall be done only with the prior approval of the Corbin City governing body.
E.
Section 106.3 is revised to read as follows:
Prosecution of violation. If the notice of violation is not complied with, the Code Enforcement Officer of Corbin City shall have full authority to initiate an appropriate complaint in municipal court for violation of these ordinances, which shall be in addition to any civil remedies which might be undertaken by the governing body of the City by and through the offices of the City Solicitor.
[Amended 3-13-2023 by Ord. No. 4-2023]
F.
Section 106.4 is revised to read as follows:
Violation penalties. Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to the general fines and penalties as set forth in Chapter 103 of the Corbin City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
G.
Section 109.4 is deleted.
H.
Section 109.5 is deleted.
I.
Subsection 110.3 shall read as follows:
Failure to comply. If the owner of the premises fails to comply with a demolition order within the time prescribed, the Code Enforcement Officer shall petition the governing body for permission to have the structure demolished, the cost and manner of which shall be decided by the City Council and charged against the real estate upon which the structure is located as a lien for additional taxes owed upon such real estate.
[Amended 3-13-2023 by Ord. No. 4-2023]
J.
Sections 111.1 through 111.8, inclusive, are deleted in their entirety and replaced with the following:
Appeals. Anyone wishing to appeal a decision of the Code Enforcement Officer under this Code may, within 20 days of notice of the decision, request an appeal before the City Council. The City Council will thereafter conduct a hearing upon the appeal and, after hearing from both sides, shall render a decision which shall thereupon become final.
[Amended 3-13-2023 by Ord. No. 4-2023]
K.
Section 112.4. All penalties shall be in accordance with Chapter 103 of the Corbin City Code and shall be subject to the filing of a complaint for an ordinance violation in the municipal court and adjudication of guilt thereon in accordance with the law.
L.
Subsection 302.4. The height limit for weed and plant growth before violation is 12 inches.
[Amended 3-13-2023 by Ord. No. 4-2023]
P.
Section 302.3 shall be supplemented by adding the following language:
[Added 3-11-2019 by Ord. No. 4-2019]
| All property owners shall maintain a minimum twelve-foot-wide driveway which shall be clear of vegetation for the full width and a height of 12 feet, and be in suitable condition to support the ingress and egress of emergency vehicles to and from the principal structure(s) on the property. |
Q.
Section 302.8 is revised to read as follows:
[Added 9-9-2019 by Ord. No. 7-2019]
Motor vehicles. The storage of inoperative or unlicensed vehicles on public or private property shall be governed by Chapter 96 of the Corbin City Code.
[Amended 3-13-2023 by Ord. No. 4-2023]
A.
All rental units shall hereafter be registered with the Code Enforcement Officer or his designee on forms which shall be provided for that purpose and which shall be available in the City Clerk's Office. Such registration shall occur on an annual basis or upon change in ownership and/or occupancy as provided herein and the rental registration fee, as from time to time may be set by City Council, paid at the time of submission of the registration form.
B.
The rental registration form approved by City Council shall include the following certification language certified by the property owner:
"By signing below, I certify to the best of my knowledge and belief that the statements contained in this application are true and correct; and I further certify to the best of my knowledge and belief that the unit for which the residential rental unit license is being applied for, is in compliance with Property Maintenance Standards (Chapter 64), Zoning, Subdivision and Site Plan Review (Chapter 103), the Housing Code and/or the UCC Code, the Uniform Fire Code of the State of New Jersey and/or the International Property Maintenance Code."
C.
Submit certificate of insurance to be in compliance with N.J.S.A. 40A:10A-1.
[Added 5-8-2023 by Ord. No. 9-2023]
[Added 9-11-2023 by Ord. No. 12-2023]
A. COMMON INTEREST COMMUNITY DUST WIPE SAMPLING LEAD INSPECTOR LEAD-BASED PAINT HAZARD LEAD-FREE CERTIFICATION TENANT TURNOVER VISUAL ASSESSMENT VISUAL ASSESSOR
Definitions. The following definitions shall apply to this article:
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
A person certified by the Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated dust or lead-based contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
A person that is certified to perform a visual assessment.
B.
Lead-based paint inspection.
(1)
A lead inspector for the City of Corbin City shall inspect every single-family, two-family, and multiple rental dwelling located within the City of Corbin City for lead-based paint hazards through visual assessment in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
(2)
The property owner or landlord may, in lieu of having the dwelling inspected by the City's lead inspector, directly hire a private lead evaluation contractor who is certified to provide lead-based paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
(3)
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in a single-family, two- family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
(d)
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals; or
(e)
Has a valid lead-safe certification issued after abatement in accordance with N.J.A.C. 5:17.
(4)
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with the Lead-Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. Upon the remediation of the lead-based paint hazard, the City's lead evaluation contractor or visual assessor, as may be applicable, or the owner's private lead evaluation contractor, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
(5)
If no lead-based paint hazards are identified, or following remediation pursuant to this subsection, then the City's lead evaluation contractor or the owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
(6)
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(a)
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the City of Corbin City at the time of the cyclical inspection unless not required to have had an inspection pursuant to Subsection B(3) herein.
(b)
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease. This subsection shall not apply should the unit not be required to have an inspection pursuant to Subsection B(3) herein.
(7)
If a lead evaluation contractor or the City's lead evaluation contractor finds a lead-based paint hazard exists, then the lead evaluation contractor shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with Section 8 of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8.
(8)
Should a lead hazard be identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the lead evaluation contractor shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint.
C.
Fees for inspections. The fees for a lead-based paint inspection shall be as follows:
(1)
The fee for a visual assessment performed by the City's lead inspector shall be $600 for a dwelling unit that has one bedroom. There shall be an additional fee of $30 for each additional bedroom in the dwelling unit.
(2)
The fee for the filing of a lead-safe certification or lead-free certification shall be $25.
(3)
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
(4)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the City's lead evaluation contractor or the owner's private lead inspector shall be assessed for the purposes of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.
(5)
Should the City's lead inspector be required to re-inspect due to required remediation, an additional fee of $600 shall be charged for each additional inspection.
(6)
Should the City's lead inspector be denied access, the fee shall remain payable to cover the cost of the City's inspector.
D.
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 64-3.1B(4) and (6) herein shall be as follows:
(1)
If a property owner has failed to conduct the required inspection within the time set forth herein, or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
(2)
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
[Amended 3-13-2023 by Ord. No. 4-2023]
Each rental unit shall be registered annually. The registration term shall commence on January 1 of each year and such registration shall be valid until December 31 of that year, at which time it shall expire and a new registration shall be required. No rental unit shall hereafter be rented unless the rental unit has been registered in accordance with this Ordinance.
[1]
Editor's Note: Former § 64-5, Inspection, as amended, was repealed 3-13-2023 by Ord. No. 4-2023.
[Amended 3-13-2023 by Ord. No. 4-2023]
In the event there is a change in ownership or occupancy of any house, individual or multidwelling unit or mobile home, a fire inspection certificate shall be required from the Division of Fire Safety, prior to the issuance of a rental registration certificate. Upon the receipt of the fire inspection certificate, the Code Enforcement Officer and/or the City Clerk shall issue a rental certificate.
[Amended 3-13-2023 by Ord. No. 4-2023]
The Code Enforcement Officer shall, in the event of a violation of any provision set forth in this chapter, issue a notice to the owner or occupant of a property affording that party 10 days within which to cure the violation. In the event the violation is not cured within 10 days, or within such extension of time as the Code Enforcement Officer may deem appropriate in his or her discretion, a complaint may be filed in the Municipal Court for collection of appropriate penalties pursuant to Chapter 103 of the Corbin City Code.
