[Ord. #99-14, § 1, 2-8-99; Ord. #2001-2, § 1,
4-9-01; Ord. #2014-9, 7-28-14]
No person, group of persons, association, partnership, business
or corporation or any combination thereof, who owns, manages, conducts
or operates a dwelling unit, shall rent, lease, let, sublet or permit
the same to be occupied or re-rented by another without first securing
from the Township Construction Official or his/her designee a Certificate
of Occupancy for said dwelling unit. This Article specifically applies
to all rental dwelling units, including Section 8, ARHAT and all low
and moderate income rental housing. This includes apartments as well
as privately-owned houses, duplexes, condominiums and townhouses in
the Township.
[Ord. #2014-9, 7-28-14]
Inspections of rental dwelling units are conducted to protect
the public health, safety and welfare of the Township and its residents,
while improving rental housing conditions within the Township.
[1]
Editor's Note: Prior ordinance history: Ord. No. 99-14, 2001-2.
[Ord. #2014-9, 7-28-14]
No Certificate of Occupancy shall be issued for the rental of
a dwelling unit unless the condition of the unit complies with one
or more of the following: (a) Township Residential Property Maintenance
Code; (b) New Jersey State Housing Code (N.J.A.C. 5:28); (c) New Jersey
Uniform Construction Code; and (d) New Jersey Hotels and Multiple
Dwellings Act (N.J.S.A. 55:13A-12). The scope of the inspection of
the dwelling unit for a Certificate of Occupancy shall include the
interior and exterior of the property and all common areas.
[Ord. #2014-9, 7-28-14]
A Rental Housing Inspection Checklist shall be prepared by and
maintained at the Township Department of Community Development. All
violations shall be cited from the appropriately adopted code or regulation.
[Ord. #2014-9, 7-28-14]
A "dwelling unit" shall be defined as a single unit providing
complete, independent living facilities for one (1) or more persons,
including permanent provisions for living, sleeping, eating, cooking,
and sanitation.
[Ord. #2014-9, 7-28-14]
For allowable occupant loads for any rental structure or unit,
the load shall be defined by the New Jersey Uniform Construction Code.
[Ord. #99-14, § 1, 2-8-99; Ord. #2001-2, § 1,
4-9-01; Ord. #2014-9, 7-28-14]
The landlord of a single unit dwelling or two (2) unit dwelling
not owner-occupied shall be registered with the Clerk of the Township
of Cherry Hill, pursuant to N.J.S.A. 46:8-28. For multi-family dwellings,
a copy of the certificate of registration filed with the New Jersey
Bureau of Housing Inspection shall be filed with the Clerk of the
Township of Cherry Hill.
[Ord. #99-14, § 1, 2-8-99; Ord. #2001-2, § 1,
4-9-01; Ord. #2014-9, 7-28-14]
All applications for the issuance of a Rental Housing Certificate
of Occupancy shall be accompanied by a fee of sixty-five ($65.00)
dollars made payable to the Township of Cherry Hill. This fee shall
include the initial inspection. An additional fee of sixty-five ($65.00)
dollars shall be paid for each subsequent reinspection. All fees shall
be paid before the inspection is conducted.
[1]
Editor's Note: Prior ordinance history: Ord. # 2001-2.
[Ord. #2014-9, 7-28-14]
All inspections for a Rental Housing Certificate of Occupancy
shall be conducted by the Cherry Hill Township Housing Inspector or
his/her designee.
[Ord. #99-14, § 1, 2-28-99; Ord. #2001-2, § 1,
4-9-01; Ord. #2014-9, 7-28-14]
Any individual person, group of persons, association, partnership,
business or corporation, or any combination thereof, shall be subject
to a fine not less than one hundred ($100.00) dollars and not more
than five hundred ($500.00) dollars and/or a term of imprisonment
for not more than thirty (30) days and/or up to ninety (90) days community
service for each day each dwelling unit is occupied without a Certificate
of Occupancy.
[Ord. #2014-9, 7-28-14]
The Township shall not be liable to any person or entity by
reason of the inspections required by this Article or the issuance
of a Rental Housing Certificate of Occupancy. The issuance of a Rental
Housing Certificate of Occupancy by the Township of Cherry Hill is
not a warranty or guarantee that there are no defects in the non-owner
occupied residential dwelling or unit. The inspection of the land
use, exterior and interior of the dwelling unit is limited to the
visual inspection only. The Township does not guarantee or approve,
and shall not be responsible for, defects not noted in any inspection
report or for any latent, structural or mechanical defects thereto.
