[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance No. MC 1982-25, December 20, 1982 and MC 1995-13, July
19, 1995.
[MC 2010-21, § 1, July 19, 2010]
The following terms wherever used herein or referred to in this
article shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context:
Means any combination of materials to form a structure adapted
to permanent or continuous occupancy or use for public, institutional,
residential, business, industrial or storage purposes.
Means a qualified person appointed by the City of Plainfield
or the Commissioner of the Department of Community Affairs pursuant
to the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et
seq.) and regulations promulgated thereunder to enforce and administer
such regulations within the jurisdiction of the City of Plainfield.
Means any building or structure, or part thereof, used and
occupied for human habitation or intended to be used for such purpose,
including any appurtenances belonging thereto or used therewith.
Means a group of interrelated rooms intended or designed
for residential use of one (1) family; (a) separated from the other
spaces by lockable doors, (b) having access to the outside without
crossing another dwelling, (c) having living, eating, and sleeping
facilities.
Means any person living in, sleeping in, or having actual
possession of a dwelling unit or rooming unit, or any person using
or having actual possession of any nonresidential premises.
Means any person who has charge, care or control of a building,
structure or premises, or a part thereof, whether with or without
the knowledge and consent of the owner of such building, structure
or premises.
Means any person who, alone or jointly or severally with
others, shall have legal or equitable title to any building, structure,
premises, dwelling or dwelling unit with or without accompanying actual
possession thereof; or shall have charge, care or control of any building,
structure, premises, dwelling or dwelling unit, as owner, agent of
the owner or as fiduciary, including, but not limited to executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate, or as a mortgagee in possession regardless of how such
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any building, structure or premises
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility with the owner for the portion of the premises sublet
or assigned by said lessee.
Means a lot, plot, or parcel of land (including a vacant
lot, plot or parcel) and the buildings and structures located thereon,
if any.
Shall mean any room or group of rooms forming a single-habitable
unit other than a dwelling unit which is rented or available for rent
for sleeping purposes.
Means the combination of any materials, whether fixed or
portable, forming a construction, including buildings.
[MC 2010-21, § 1, July 19, 2010]
No person, firm, corporation or other entity shall purchase,
sell, transfer or otherwise convey, or lease, occupy, rent, let, or
otherwise deliver up for occupancy (whether commercial or residential)
any building, structure or premises, including, without limitation,
a dwelling unit or rooming unit, unless a certificate of compliance
shall first have been obtained from the Director, Division of Inspections.
The foregoing requirements shall be effective whether the sale, transfer,
conveyance or change in ownership, occupancy, rental or lease is temporary,
seasonal or permanent and whether or not for consideration.
[MC 2010-21, § 1, July 19, 2010]
Upon application from the owner or operator of a building, structure
or premises, an inspection shall be conducted by the Division of Inspections
and if such building, structure or premises is found to be in compliance
with the Plainfield Property Maintenance Code, the Uniform Construction
Code, if applicable, and the Plainfield Zoning Ordinance, a certificate
of compliance shall be issued that certifies that the building, structure
or premises, complies therewith and there are no violations of any
related laws or ordinances or orders pending. The Director, Division
of Inspections shall determine the contents of the certificate of
compliance. A certificate of compliance shall be issued only to the
proposed transferor with respect to any purchase, sale, transfer or
other conveyance of a building, structure or premises or the owner
with the tenant specified thereon with respect to any rental, lease,
occupancy or other letting of a building, structure or premises. A
certificate of compliance shall not be transferable. A nonconforming
use, regardless of the duration it has existed, shall not receive
a certificate of compliance unless it can be demonstrated that the
use predates any law or ordinance regulating such use.
[MC 2010-21, § 1, July 19, 2010]
Any and all agreements for the purchase, sale, transfer or other
conveyance, or for the rental, lease, occupancy, letting or otherwise
delivering up, of any building, structure or premises shall expressly
state that it is the responsibility of the owner, operator or other
transferor to comply with the provisions of this article.
[MC 2010-21, § 1, July 19, 2010]
(a)
Prior to the transfer of title with respect to any purchase, sale, transfer or other conveyance of a building, structure or premises or the delivery of possession with respect to any rental, lease, occupancy or other letting of a building, structure or premises, the owner, operator or transferor shall complete and file an application for a certificate of compliance with the Director, Division of Inspections, and consent shall be given therewith to the Director or the Director's agent to enter upon and examine the building, structure or premises for which the application has been filed, so that the Director or the Director's agent may determine whether or not the building, structure or premises fully complies with the applicable laws identified in Section 6:5-3 hereof. Except as provided in Section 6:5-11, a certificate of compliance shall not be issued unless there is full and complete compliance with the foregoing.
(b)
An application for a certificate of compliance shall be made on forms
prescribed by the Director, Division of Inspections, and shall be
filed by the owner or operator of the building, structure or premises
with the Division of Inspections. At a minimum, the application shall
contain the following information:
(1)
Street address, and apartment number, if applicable, or other
identification of the building, structure or premises.
(2)
Name, address, and telephone number of the applicant.
(3)
Name, address, and telephone number of the owner or other transferor.
(4)
Name, address and telephone number of the tenant or other transferee.
(5)
Name, address and telephone number of any person, firm, corporation
or other entity authorized by the owner to manage the building, structure
or premises.
(6)
The total number of persons permitted to occupy the building,
structure or premises and the dwelling unit or rooming unit therein,
if applicable.
[MC 2010-21, § 1, July 19, 2010]
(a)
An application for a certificate of compliance shall be filed, together
with a fee based upon the following fee schedule:
(1)
With respect to residential buildings, structures and premises,
Fifty Dollars ($50.00) for the first dwelling unit and Twenty-Five
Dollars ($25.00) per dwelling unit thereafter.
(2)
With respect to commercial and industrial buildings, structures
and premises, Three Hundred Dollars ($300.00) for each building, structure
or premises.
(3)
With respect to premises consisting of vacant land, Seventy-Five
Dollars ($75.00) per lot, plot or parcel.
(4)
With respect to mixed-use buildings, structures and premises,
Three Hundred Dollars ($300.00) plus Fifty Dollars ($50.00) per unit
for the first through twentieth dwelling unit, inclusive, and Twenty-Five
Dollars ($25.00) per dwelling unit thereafter.
(5)
In the event that the Division of Inspections cannot enter the
premises on the date of a scheduled inspection, there shall be an
additional fee of Fifty Dollars ($50.00) to be paid for the rescheduling
of the inspection.
(b)
An application for an exemption from obtaining a certificate of compliance pursuant to Section 6:5-12(d)(1) or (2) with respect to any building, structure or premises shall be filed, together with a fee of Seventy-Five Dollars ($75.00).
[MC 2010-21, § 1, July 19, 2010]
Within five (5) business days from the date of filing of the
application for a certificate of compliance, the Division of Inspections
shall use its reasonable efforts to inspect the building, structure
or premises and shall notify, by telephone, the applicant of the scheduled
date of inspection. The owner, operator and applicant are required
to provide the necessary arrangements to make all buildings, structures
and premises accessible for inspection by the Division of Inspections
and to have an authorized person present to assist and provide entry
for the inspection. Upon completion of such inspection, the Division
of Inspections shall notify the applicant of its findings by sending
a copy of either the certificate of compliance or a notice of violations
to the applicant at the address set forth in the application. In addition,
if applicable, the Division of Inspections, shall post a written notice
in a conspicuous location on the building, structure or premises,
setting forth the total number of persons permitted to occupy the
property unit in accordance with local and State laws.
[MC 2010-21, § 1, July 19, 2010]
A certificate of compliance shall be valid and shall continue
in effect from the date of issue until the earliest to occur of the
date (i) the building, structure or premises is purchased, sold, transferred
or otherwise conveyed, (ii) the tenant specified in the application
for such certificate of compliance, with respect to a dwelling unit
or rooming unit, vacates occupancy of the building, structure or premises
or (iii) the failure of the building, structure or premises to be
in full compliance with applicable laws. Upon the occurrence of any
of the events set forth above and, with respect to the event set forth
in clause (iii) only, the serving of notice upon the owner, operator
or occupants of the building, structure or premises, the certificate
of compliance shall thereupon, without further action, be null and
void and a new certificate of compliance shall be required for any
further use of such building, structure, premises, dwelling unit or
rooming unit.
[MC 2010-21, § 1, July 19, 2010]
A certificate of compliance may be justly denied where in the
judgment of the Director, Division of Inspections, any condition warranting
denial of the certificate of compliance exists with respect to any
building, structure or premises, including, without limitation, any
of the following conditions:
(a)
Illegal occupancy. Occupancy not consistent with records of the Building
Department and Plainfield Zoning Ordinance.
(b)
Over-occupancy. Occupancy not consistent with the provision of Section
2.29 Over-Occupancy of the Plainfield Property Maintenance Code.
(c)
Exterior maintenance. Lack of exterior maintenance as defined in
the Property Maintenance Code.
(g)
Heating system. Defective heating equipment which results in premises
not maintaining heating temperature mandated by laws, rules or regulations
of the United States, State of New Jersey or City of Plainfield.
(h)
Smoke detectors. Absence of or inoperable smoke detectors.
(k)
Cooking equipment. Defective stove or other equipment for preparation
of food.
(l)
Refrigeration. Defective refrigerator or other refrigeration unit
in a residential rental unit.
(n)
Floors. Broken boards or holes in floor.
(o)
Steps. Broken steps or holes in steps or stairways.
(p)
Roof.
Leaks in roof.
[MC 2010-21, § 1, July 19, 2010]
Notice may be served personally or by first class mail with
postage prepaid, addressed to the last known address of person to
be served. Where it is ascertained that the owner does not reside
on the premises the "last known address" shall be the address of the
owner, as shown in the office of the Tax Collector. If the last known
address cannot be ascertained, the notice may be posted on the outside
front entrance of the building or structure. The Director, Division
of Inspections, shall file and provide notice to any owner, operator
or occupant of any violation at the last known address provided hereunder
if such other address is filed with the Director, Division of Inspections,
personally or by certified mail addressed to the Division of Inspections.
Service upon an owner, operator or occupant may also be attained by
service of any notice upon a member of the family of the owner, operator,
or occupant or service upon a member, officer or shareholder of the
owner, operator or occupant if other than a natural person.
[MC 2010-21, § 1, July 19, 2010]
The Director, Division of Inspections, may issue, with or without bond required, a temporary certificate of compliance that will be valid for a period of up to forty-five (45) days and may extend such period by an additional forty-five (45) days if, in the opinion of the Director, the building, structure or premises is in substantial compliance with the laws and regulations set forth in Section 6:5-3 hereof and such action serves to further the purposes of this article and the denial of such temporary certificate of compliance would impose a hardship upon the applicant. In no circumstances is a temporary certificate of compliance to be in effect for more than ninety (90) days, and, if at that time the building, structure or premises does not qualify for a permanent certificate of compliance, all use and occupancy thereof shall cease until such time as a permanent certificate of compliance shall have been issued. The owner, operator or occupant shall be responsible to cease all use and occupancy without notification, and each day that such use and/or occupancy shall continue beyond the expiration of the temporary certificate of compliance shall constitute a separate violation of this article.
[MC 2010-21, § 1, July 19, 2010]
The provisions and regulations of this article shall not apply
in the following instances:
(a)
Where a certificate of occupancy or continued occupancy has been
issued by the Construction Official ninety (90) days prior to transfer,
sale or occupancy of a building, structure or premises, a certificate
of compliance shall not be required.
(b)
Any purchase, sale, transfer or other conveyance, or lease, occupancy,
rental, let, or other delivery for occupancy of any building, structure
or premises owned by the City of Plainfield.
(c)
Any building, structure or premises that is being refinanced where
no change in occupancy or ownership will occur.
(d)
When any building, structure or premises to be purchased, sold, transferred
or conveyed is in such a deteriorated condition that it is unfit for
human habitation as determined by the Director of the Division of
Inspections or the designee of the Director, then the transfer of
such building, structure or premises shall be permitted under the
following conditions:
(1)
The building, structure or premises is demolished within forty-five
(45) days after the purchase, sale, transfer or conveyance is consummated
and, if any new development is intended therefor, (a) a building permit
for such new development is issued by the Construction Official within
forty-five (45) days after such purchase, sale, transfer or conveyance
is consummated and (b) a certificate of occupancy with respect to
such new development is issued by the Construction Official within
six (6) months after such purchase, sale, transfer or conveyance is
consummated.
(2)
If the building, structure or premises is (a) to be rehabilitated
or (b) vacant and boarded up and is not in danger of structural collapse:
(A)
A notice shall be posted conspicuously on the front of the building,
structure or premises stating that the building, structure or premises
is unfit for human habitation;
(B)
Affidavits shall be furnished by the owner and transferee indicating
that each is aware that the building, structure or premises may not
be occupied until repairs are completed and a certificate of occupancy
is issued by the Construction Official, and that, with respect to
the transferee, such transferee agrees to complete renovations and
obtain a certificate of occupancy from the Construction Official within
six (6) months after such purchase, sale, transfer or conveyance is
consummated.
(3)
In the event an owner claims an exemption from the provisions of this article based upon Section 6:5-12(d)(1) or (2), the owner, prior to such purchase, sale, transfer or conveyance, shall complete and file an application for an exemption for obtaining a certificate of compliance with the Director, Division of Inspections. The Director, Division of Inspections, shall determine the contents of the application for an exemption and the form of the Director's approval thereof.
[MC 2010-21, § 1, July 19, 1010]
The provisions and regulations of this article shall apply in
the following instances:
(a)
When a building, structure or premises has been foreclosed upon or
foreclosure is imminent or complete, and the bank has entered into
an agreement with the purchaser to sell, transfer or convey the property
through a short sale, and the building, structure or premises is not
accessible for a certificate of compliance inspection, or repair of
any violations, an exemption for closing purposes shall be allowed
under the following conditions:
(1)
The purchaser shall demonstrate through proper documentation
that the property is being purchased as a short sale or foreclosure
is imminent.
(2)
Affidavits shall be furnished by the purchaser indicating that
each is aware that the building, structure or premises may not be
occupied until a certificate of compliance/occupancy has been issued
by the Division of Inspections.
(3)
After the closing, and the building, structure or premises,
have been transferred, the purchaser will be subject to all of the
rules and regulations of a certificate of compliance sale.
(4)
The Director of the Division of Inspections or the Director's
designee shall make the final determination as to the disposition
of the transaction.
[MC 2010-21, § 1, July 19, 1010]
(a)
Fines. A violation of any section or subsection of this article shall
be punishable by a fine not to exceed One Thousand Dollars ($1,000.00)
for each violation committed hereunder. Each violation of a section
or subsection of this article shall constitute a separate and distinct
violation independent of any other section or subsection. Each day's
failure to comply with any such section or subsection shall constitute
a separate violation.
(b)
Penalties. Where an owner, operator or transferor has been convicted
of a violation of this article, and within twelve (12) months thereafter
has been found by the Judge of the Municipal Court to be guilty of
a second violation of this article, the Court may, if it finds that
the second offense was willful and inexcusable, sentence the offender
in addition to or in lieu of the fine set forth in the above paragraph
to imprisonment in the county jail for a period of time not to exceed
ninety (90) days.
(c)
Liability of officers and agents. Where the owner is other than a natural person or persons, the subsections (a) and (b) shall also apply to any agent, superintendent, officer, member, shareholder or partner who shall alone or with others have charge, care or control of the building, structure or premises.
(d)
Liability for costs.
(1)
Where the owner or operator of a dwelling unit or rooming unit
fails to comply with the provisions of this article and the City of
Plainfield is subsequently required to relocate the tenants or occupants
of such dwelling unit or rooming unit, the owner or operator, or any
combination of them, shall be liable to the City of Plainfield for
(1) any and all costs and expenses of relocation and (2) any payment
the City of Plainfield is required to make to the relocated tenant.
(2)
Where the Director, Division of Inspections, concludes there
exists probable cause that a tenant or other occupant will be required
to relocate, the owner, operator or any combination of them, shall
be required to deposit with the Director, Division of Inspections,
Five Hundred Dollars ($500.00), to be placed in the Relocation Fund.
The monies deposited in the Relocation Fund shall be for the purpose
of covering the actual costs of relocation. In the event the actual
costs for relocation exceed Five Hundred Dollars ($500.00), then the
Director, Division of Inspections, shall assess the owner, operator
or any combination of them, such excess amount. In the event the actual
costs for relocation are less than Five Hundred Dollars ($500.00),
the Director, Division of Inspections, shall refund to the person
who made the deposit, the amount of such overdeposit.
[MC 2010-21, § 1, July 19, 1010]
This Article shall be deemed severable so that in the event
any portion thereof is determined to be invalid or otherwise unconstitutional,
such determination shall not affect the validity of the remaining
provisions hereof.
[MC 2010-21, § 1, July 19, 1010]
Nothing contained in this article shall exempt any of the buildings,
structures or premises covered by this article from full and complete
compliance with any other provision or provisions of any other ordinance
or ordinances of the City of Plainfield as the same may be applicable.
