[HISTORY: Adopted by the Mayor and Council of the Borough
of Haddon Heights 6-3-2020 by Ord. No. 1489.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 262,
Residential Certificate of Continued Occupancy, adopted 6-19-2018 by Ord. No. 1453.
As used in this chapter, the following terms shall have the
meanings indicated:
The Zoning and/or Property Maintenance Code Official or his/her
designee.
A structure equipped with cooking facilities and designed
for use as living space for one or more people, including, but not
limited to, one- or two-family homes, duplexes, townhouses and condominiums,
excluding multiple-family dwellings, of the Code of the Borough of
Haddon Heights.
No residential premises may be changed in tenancy, use or ownership
unless a certificate of continued occupancy has been issued by the
Enforcement Officer. If the change of tenancy, use or ownership is
between immediate family members (spouse to spouse, parent to child,
or sibling to sibling only), no certificate of continued occupancy
is required.
The owner/seller of the property is required to obtain the certificate
of occupancy.
Upon receipt of purchaser's agreement and acceptance by
Enforcement Officer, properties may close and/or be occupied without
a certificate while violations are being abated. No such agreement
shall exceed 90 days.
An application for a continued certificate of occupancy shall
be submitted on forms to be furnished by the Enforcement Officer.
A.Â
The Enforcement Officer is hereby authorized to conduct inspections
of residential premises upon receipt of an application advising of
a pending change in tenancy, use or ownership.
B.Â
The inspection of the residential premises shall include a determination
that the residential premises conforms, in all respects, to the Zoning
and Property Maintenance Ordinances of the Borough.
(1)Â
For the interior, if the inspection reveals items such as, but not
limited to, additions, attic or basement apartments, finished basements,
garages, sheds or pools, second kitchens and/or decks, a determination
must be made that the aforementioned were installed or constructed
either with the required permits or by virtue of a grant of a variance.
(2)Â
For the exterior, the premises shall be graded and maintained to
have a free flow of surface drainage and to prevent the accumulation
of stagnant water thereon. All sidewalks, walkways, driveways, parking
spaces and similar areas shall be kept in a proper state of repair
and maintained free from hazardous or dangerous conditions. It is
the responsibility of the owner to maintain the proper repair of all
sidewalks on the property. This includes all property to and including
the curb line. All premises and exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches. Dead and dying
trees, limbs, and leaves, or other natural growth which, by reason
of rotting or deteriorating conditions or storm damage, constitute
a hazard to persons in the vicinity thereof shall be kept pruned and
trimmed to prevent such conditions. The properties on which such natural
growth is located shall be kept clean so as not to constitute a hazard.
It is the responsibility of the owner of the premises to maintain
all trees located on the premises. It is the responsibility of the
premises owner to remove any dead or decaying trees.
The Enforcement Officer shall, within 10 business days after receipt of a written application for a certificate of continued occupancy, either issue said certificate, provided that the inspections reveal that the residential premises complies with the requirements contained in § 262-4B or, in the event of noncompliance, notify the applicant as to the reason(s) why the residential premises failed the inspection. The Enforcement Officer will advise the applicant of what remedial action must be taken to correct the conditions.
The Borough of Haddon Heights does not guarantee to the purchaser,
mortgagor or mortgagee that the residential premises inspected is
free from latent or patent defects; nor is the Borough liable for
damage or injury caused to any person as a result of any violation
not recorded in the inspection report, nor is the Borough liable for
any damages, claim or injuries to property which is the subject of
the inspection.
A fee as provided for herein shall accompany each application
for a certificate of continued occupancy; provided, however, that
the Enforcement Officer may waive the inspection fee if a certificate
of occupancy or a continued certificate of occupancy has been issued
within 90 days of the date of the application. An applicant shall
be entitled to one follow-up inspection at no charge. The charge for
all additional follow-up inspections shall be set forth below, per
inspection.
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Inspection fee
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$50
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Follow-up inspections
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$25
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Application filing costs
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$11
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Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine of no less than a minimum
fine of $100, nor more than a maximum fine of $2,000; or by a period
of community service not exceeding 90 days or be subject to imprisonment
in the county jail for a period of 90 days. The Court may impose all,
some or any combination of these sanctions.
