The power to adopt a building and housing code by reference
is contained in R.S. 40:49-5.1, et seq.
A code is hereby adopted by the Borough of Flemington for the
purpose of establishing rules and regulations for the construction,
alteration, addition, repair, removal, demolition, use, location,
occupancy and maintenance of all buildings and structures and their
service equipment, and providing for certain permits and licenses
and penalties for its violation. A copy of this code is attached to
and made a part of this chapter without the inclusion of the text
herein.
The code adopted and established by this section is commonly
known as the Standard Building Code of New Jersey, in particular parts
A and B embracing administration, definitions, and structural, fire
and general safety requirements, adopted by the New Jersey State Department
of Conservation and Economic Development on December 23, 1953; part
C dealing with elevators, motor stairways and conveyor equipment;
part D dealing with air conditioning, mechanical ventilation and refrigeration;
and part F dealing with electrical equipment and wiring, adopted by
the State Department of Conservation and Economic Development on November
16, 1956; together with the Rules for the Construction of One and
Two-Family Dwellings, being particularly Sections MB 802-0 through
U of the Manual of Parts A and B, as adopted by the State Department
of Conservation and Economic Development on June 18, 1958, together
with Revision No. 1 of the Standard Building Code of New Jersey (1966)
and the Rules for the Construction of One and Two-Family Dwellings
(revised 1966), as adopted by the State Department of Conservation
and Economic Development on September 9, 1966, together with their
component manuals and including Supplements 1, 2 and 3.
The following sections are deleted from the Standard Building
Code of New Jersey and are not adopted: Sections A 107.3, A 107.4,
B 104.0, B 105.0, B 105.1, and B 105.2.
Three copies of each of the documents referred to in § 9-1.2 have been placed on file in the office of the Borough Clerk, except for modified portions.
The building inspector or any employee charged with the enforcement
of this code, acting for the Borough in good faith and without malice
in the discharge of his duties, shall not thereby render himself liable
personally, and he is hereby relieved of all personal liability for
any damage that may occur to persons or property as a result of any
act required or by reason of any act or omission in the discharge
of his duties. Any suit brought against the building inspector or
any employee because of such act or omission performed by him in the
enforcement of any provision of this code shall be defended by the
legal department of the Borough until final termination of the proceedings.
The fire limits of the Borough are hereby established as the
entire Borough.
No permit required by the building code shall be issued until
the fees prescribed in this subsection are paid; nor shall an amendment
to a permit be approved until any additional fee due to an increase
in the estimated cost of the building or structure is paid.
Fees for construction, alteration or demolition of a building or structure shall be as provided in § 9A-3 of the Uniform Construction Code chapter of this revision.
The following bonds shall be posted in respect to each specific
section hereinafter cited.
Section B-119.5a — Signs: $50,000.00 per $100,000.00
(applicable to signs for commercial advertising only).
Section B-119.5b — Wrecking: $50,000.00 per
$100,000.00.
Section B-119.5c — Moving: $50,000.00 per $100,000.00.
[Amended 2-26-2018 by Ord. No. 2018-2]
The Building Inspector and/or the Health Officer and/or the
Sanitary Inspector and/or the Fire Marshal/Fire Official or his designee
of the Borough of Flemington be and they are hereby designated as
the officers to exercise the powers prescribed by the within section,
and they shall serve in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1) the "New Jersey State Housing Code" as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the "New Jersey State Housing Code" is annexed to this section by reference, and three copies of the same have been placed on file in the office of the Borough Clerk of the Borough of Flemington and are available to all persons desiring to use and examine the same.
[Amended 2-26-2018 by Ord. No. 2018-2; 10-24-2022 by Ord. No. 2022-22]
The Building Inspector and/or the Health Officer and/or the
Sanitary Inspector and/or the Fire Marshal/Fire Official and/or Lead-Based
Paint Inspector or any of their designees of the Borough of Flemington
are hereby authorized and directed to make inspections to determine
the condition of dwellings, dwelling units, rooming units, and premises
located within the Borough of Flemington in order that they may perform
their duties of safeguarding the health and safety of the occupants
of dwellings and of the general public. For the purpose of making
such inspections the Building Inspector and/or the Health Officer
and/or the Sanitary Inspector and/or the Fire Marshal/Fire Official
and/or Lead-Based Paint Inspector or any of their designees of the
Borough are 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
Building Inspector and/or the Health Officer and/or the Sanitary Inspector
and/or the Fire Marshal/Fire Official and/or Lead-Based Paint Inspector
or any of their designees of the Borough 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 section or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
section.
[Amended 2-26-2018 by Ord. No. 2018-2; 10-24-2022 by Ord. No. 2022-22]
Whenever the Building Inspector and/or the Health Officer and/or
the Sanitary Inspector and/or the Fire Marshal/Fire Official and/or
Lead-Based Paint Inspector or any of their designees of the Borough
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter, or of any rule
or regulation adopted pursuant thereto, they shall give notice of
such alleged violation to the person or persons responsible therefor
as hereinafter provided. Such notice shall:
a.
Be put in writing;
b.
Include a statement of the reasons why it is being issued;
c.
Allow a reasonable time for the performance of any act it requires;
and
d.
Be served upon the owner or his agent, or the 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 sent
by registered mail to his last known address; or if 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. Such notice may
contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this section and with rules and
regulations adopted pursuant thereto.
[Amended 2-26-2018 by Ord. No. 2018-2; 10-24-2022 by Ord. No. 2022-22]
a.
Any person affected by any order of the Building Inspector which has been issued in connection with the enforcement of § 9-2, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Building Inspector or any of their designees of the Borough, provided such person shall file in the office of the Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Borough Clerk shall set a time and place for such hearing and shall give the petitioner written notice thereof. 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 Borough Clerk 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. After such hearing, the Building Inspector or their designees shall sustain, modify, or withdraw the notice, depending upon their findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector or their designees sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Building Inspector or their designees shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Borough Clerk. 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 Building Inspector or their designees may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
b.
Pursuant to the Uniform Fire Safety Act, any person aggrieved by any order of the Fire Marshal/Fire Official issued in connection with enforcement of § 9-3 shall have the right to appeal to the Construction Board of Appeals of Hunterdon County.
c.
Any person aggrieved by any order of the Housing Enforcement Officer issued in connection with enforcement of § 9-4 shall have the right to appeal to a court of competent jurisdiction.
d.
Any person aggrieved by any order of the Construction Code Official, Lead Paint Inspector or his/her designee issued in connection with enforcement of § 9-5 shall have the right to appeal to a court of competent jurisdiction.
e.
Whenever
the Building Inspector and/or the Health Officer and/or the Sanitary
Inspector and/or the Fire Marshal/Fire Official and/or Lead-Based
Paint Inspector or any of their designees finds that an emergency
exists which requires immediate action to protect the public health,
or safety, they may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as they deem necessary to meet the emergency. Notwithstanding
the other provisions of this section, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Borough Clerk shall
be afforded a hearing as soon as possible. After such hearing, depending
upon their findings as to whether the provisions of this section and
all the rules and regulations adopted pursuant thereto have been complied
with, the Building Inspector and/or the Health Officer and/or the
Sanitary Inspector and/or the Fire Marshal/Fire Official and/or Lead-Based
Paint Inspector or any of their designees shall continue such order
in effect, or modify it, or revoke it.
[Amended 2-26-2018 by Ord. No. 2018-2; 10-24-2022 by Ord. No. 2022-22]
The Building Inspector and/or the Health Officer and/or the
Sanitary Inspector and/or the Fire Marshal/Fire Official and/or Lead-Based
Paint Inspector or any of their designees are hereby authorized and
empowered to make and adopt such written rules and regulations as
they may deem necessary for the proper enforcement of the provisions
of this chapter; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this chapter, nor
in anywise alter, amend or supersede any of the provisions thereof.
The Building Inspector and/or the Health Officer and/or the Sanitary
Inspector and/or the Fire Marshal/Fire Official and/or Lead-Based
Paint Inspector or any of their designees shall file a certified copy
of all rules and regulations which they may adopt in their office
and in the office of the Clerk of the Borough.
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 "New Jersey
State Housing Code" established hereby as the standard to be used
in determining whether a dwelling is safe, sanitary and fit for human
habitation.
Any person, firm or corporation who shall violate any of the
provisions of this section shall upon conviction, be punished by a
fine of not to exceed $500.00 or by imprisonment in the county jail
for a period of not to exceed 90 days or by both such fine and imprisonment,
and each violation of any of the provisions of this section and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
Whenever the following terms are used in this section, they
shall have the meanings respectively ascribed to them by this section,
as follows:
a.
Dwelling unit shall mean a building or a portion of a building arranged
for the use of one or more individuals living alone or together as
a single housekeeping unit with living, sanitary and sleeping facilities
but not including trailers, tents and house trailers.
b.
"Fire official" shall mean a person certified by the Commissioner
of the Department of Community Affairs and appointed or designated
to direct the enforcement of the code by the appointing authority
of a local enforcing agency. This term shall also include "Fire Marshal"
where the Fire Official has been appointed pursuant to N.J.A.C. 5:71-3.2.
[Amended 2-26-2018 by Ord. No. 2018-2]
c.
Construction official shall mean the chief administrator of the Flemington Building Department created pursuant to the State Uniform Construction Code Act, namely, R.S. 52:271D-119 et seq., its amendments and supplements and Ordinance 19-1976 of the Borough of Flemington, entitled "An Ordinance of the Borough of Flemington, Hunterdon County, Establishing a State Uniform Construction Code Enforcing Agency, and a Construction Fee Schedule and Fire Limits Pursuant to Chapter 271, Laws of New Jersey 1975, and Title 5, Chapter 23 of the New Jersey Administrative Code."
d.
Approved rating organization shall mean any of the following: Underwriters
Testing Laboratories, Factory Mutual Research Corp., National Bureau
of Standards, or NFPA current standard.
[Amended 2-26-2018 by Ord. No. 2018-2]
e.
Smoke detector shall mean an instrument approved by an approved rating
organization for the detection of ionized gases or products of combustion
produced by burning or smoldering materials.
[Amended 10-24-2022 by Ord. No. 2022-22]
The following requirements shall be applicable to and satisfied
by applicants for a certificate of smoke alarm, carbon monoxide alarm,
and portable fire extinguisher compliance (CSACMAPFEC) prior to the
issuance of a certificate of compliance:
a.
Smoke Alarms. Smoke alarms shall be maintained in accordance with
NFPA 72, their listing, and manufacturer specifications. Smoke alarms
shall be located as specified in N.J.A.C. 5:70-4.19. Smoke alarms
located and maintained in accordance with approvals contingent with
a certificate of occupancy issued in accordance with the State Uniform
Construction Code Act that concurrently satisfy the requirements of
N.J.A.C. 5:70-4.19 shall also satisfy this section.
b.
Carbon Monoxide Alarms. Carbon monoxide alarms shall be maintained
in accordance with NFPA 720, their listing, and manufacturer specifications.
Carbon monoxide alarms shall be located as specified in N.J.A.C. 5:70-4.19.
Carbon monoxide alarms located and maintained in accordance with approvals
contingent with a certificate of occupancy issued in accordance with
the State Uniform Construction Code Act that concurrently satisfy
the requirements of N.J.A.C. 5:70-4.19 shall also satisfy this section.
c.
Portable Fire Extinguishers. A portable fire extinguisher shall be
installed and maintained in accordance with N.J.A.C. 5:70-4.19(e).
d.
Fire Alarm Systems. Residential premises that contain installed fire
alarm systems as defined in the Uniform Construction Code may be required
to submit documentation of testing and maintenance evidencing that
the system is maintained in good working order prior to the issuance
of a CSACMAPFEC. The Fire Official and his/her designee shall assure
such documentation meets or exceeds the criteria contained within
NFPA 72. Fire alarm systems may only be substituted for requirements
of N.J.A.C. 5:70-4.19 when installed in accordance with the State
Uniform Construction Code Act and when they have received a proper
certificate of approval or been installed prior to the receipt of
a certificate of occupancy.
[Amended 10-24-2022 by Ord. No. 2022-22]
The owner of each dwelling unit that is sold, leased, or otherwise
made subject to a change of occupancy for residential purposes shall
have a CSACMAPFEC obtained by the owner prior to said change of occupancy
in accordance with N.J.A.C. 5:70-2.3 which evidences compliance with
N.J.A.C. 5:70-4.19.
a.
No dwelling unit shall be sold or the occupancy thereof changed unless
and until the dwelling unit has been brought into compliance with
the terms and provisions of this section;
b.
No structural change or repair requiring a permit under the Uniform
Construction Code or the Uniform Fire Code shall be made to a dwelling
unit unless and until the dwelling unit is brought into compliance
with the terms and provisions of this section; and
c.
No continued certificate of occupancy or certificate of occupancy
shall be issued by the Construction Official for a dwelling unit unless
and until the applicant therefor shall have first complied with all
the terms and conditions of this section.
[1]
Editor's Note: Former § 9-3.4, Installation and
Maintenance, was repealed 10-24-2022 by Ord. No. 2022-22.
[1]
Editor's Note: Former § 9-3.5, Activation of Smoke
Detectors, was repealed 10-24-2022 by Ord. No. 2022-22.
The fire official, with the advice of the construction official,
shall have power to modify in writing any of the provisions of this
section upon written application therefor by the owner or lessee of
a dwelling unit when there are practical difficulties in carrying
out the strict letter of this section with respect to such dwelling
unit provided, however, that the spirit of this section shall be observed,
public safety secured and substantial justice done.
Prior to the sale of any dwelling unit located in the Borough
the owner and seller thereof shall certify in writing to the fire
official full and complete compliance of said property with the terms
and provisions of this section. The making and submission of a willfully
false certification by the owner and seller of a dwelling unit shall
be a violation of the terms and provisions of this section.
The tax collector of the Borough shall provide to each person requesting a tax search from his office a statement calling attention to the provisions of this section and shall inform the person requesting a tax search of the obligation of the owner and seller of real property as mentioned in § 9-3.7 hereof to make the certification described therein.
The issuance of a certificate of continued use shall constitute
evidence of compliance of the terms of this section.
[Amended 10-24-2022 by Ord. No. 2022-22]
Each dwelling unit shall be inspected upon a change in residential
occupancy (i.e., upon sale or tenant turnover). However, the Fire
Official shall inspect each dwelling unit at least once every three
years. The Fire Official or agents designated by him shall inspect
dwelling units on a schedule to be determined by the Fire Official.
[Added 10-24-2022 by Ord. No. 2022-22]
Fees for the issuance of a CSACMAPFEC shall be charged in accordance with Borough Code § 8-15.
As used in this section, the following terms shall have the
meaning indicated:
Shall mean a person over the age of 18 years not previously
occupying a dwelling unit.
Shall mean any building or structure, or part thereof, used
for human habitation, use, or occupancy and includes any accessory
building and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean a building or structure or part thereof containing
one or more dwelling units which are to be leased or rented to a person
other than the owner or provided to any occupant as compensation for
services rendered to the Landlord or any third party. A dwelling shall
not include a State licensed group home operated by a nonprofit corporation
or public entity.
For all dwellings in the Borough of Flemington the following
standards are adopted by reference:
In accordance with the provisions of N.J.S.A. 40:49-5.1 and
N.J.A.C. 5:28-1.11, is hereby adopted as the standard governing supplied
utilities, facilities and other physical things and conditions to
make buildings and dwellings, both residential and nonresidential,
safe, sanitary and fit for human habitation, occupancy or use.
Shall mean any room or group of rooms or any part thereof
located within a building containing habitable space and forming a
single housekeeping unit with facilities which are used or designed
to be used for living, sleeping, cooking, and eating for a single
family or the functional equivalent thereof.
Shall mean the space in a structure for living, sleeping,
eating or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility space in similar areas are not considered habitable
space.
Shall mean the person authorized by this section to issue
notice of violations or summons to enforce compliance with this chapter
and to investigate and/or inspect complaints and possible unsafe conditions
and includes the rental housing officer, zoning official, fire official,
construction code official, and any police officer of the Borough
of Flemington.
Shall mean the owner or owners of the freehold of the premises
or lessor estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, or
their duly authorized agents, firm or corporation in control of a
building, dwelling, apartment house or habitable space of premises.
Shall mean any person, including minors, who reside or intends
to reside in a dwelling unit.
Shall mean the person authorized by the section to issue
permits and conduct inspections.
Shall mean any person, including minors, who reside in a
dwelling unit on a continuous basis for more than 30 days.
Shall mean a dwelling unit where the previous tenants have
vacated, or where more adult tenants than permitted by the landlord
registration statement seek to occupy the dwelling unit.
Within 90 days of the effective date of this section every landlord
in the Borough of Flemington shall make application for, and file
with the rental housing officer, a landlord registration statement
for every building containing one or more dwelling units occupied
by one or more tenants. Thereafter the landlord registration statement
shall be renewed annually each March 1.
An application form for a landlord's registration statement
shall be available from the Borough Clerk and shall not be deemed
complete unless the applicant provides the following for each dwelling
units rented to one or more tenants owned by the landlord in the Borough.
a.
Name, address and phone number of landlord.
b.
Address of building(s) ("building") and dwelling unit(s) number or
other identifying information for the dwelling unit.
c.
For the dwelling unit(s):
1.
Identify the unit number or other identifying information.
2.
Set forth the gross floor area in square feet of each room occupied
for sleeping purposes.
3.
Set forth the total gross floor area in square feet of habitable
rooms.
4.
Total number of tenants permitted in the dwelling unit.
5.
Total number of occupants who are to reside in the dwelling unit.
6.
The date tenancy commenced or will commence.
d.
Proof of current payment of property taxes, assessments against property,
sewer charges, or other municipal charges, or assessments pursuant
to U.S.A. 40:52-1.2.
e.
Payment of registration fees.
f.
A certification from the landlord that the dwelling unit to be rented
complies with this section.
g.
A certification from the landlord that he/she will not authorize
more than the maximum permitted tenants to occupy the dwelling unit.
h.
In the event of a change in landlord of the dwelling unit, a new
landlord registration statement shall be filed with the Borough Clerk.
i.
Owners/landlords of dwelling units subject to the lead-based paint inspection requirements of Borough Code § 9-5 shall provide up-to-date information on any anticipated tenant turnover dates and results of previously conducted lead-based paint inspections.
[Added 10-24-2022 by Ord.
No. 2022-22]
j.
Copies of any lead-free certifications issued pursuant to N.J.A.C.
5:17.
[Added 10-24-2022 by Ord.
No. 2022-22]
k.
Information regarding the most recent inspection for a certificate
of smoke alarm, carbon monoxide alarm, and portable fire extinguisher
compliance (CSACMAPFEC).
[Added 10-24-2022 by Ord.
No. 2022-22]
No landlord shall permit a tenant to occupy, let or sublet to
a tenant, nor shall any person or persons lease or occupy any vacant
dwelling unit, without obtaining a landlord registration certifying
that the dwelling unit complies with the provisions of the most current,
this section and any other applicable laws and regulations.
a.
Every landlord shall have the obligation to monitor any increase
in the number of adult tenants in each dwelling unit and prevent any
increase in tenants that exceeds the number of tenants permitted in
the landlord registration certificate. In addition, the landlord shall
have the obligation to alert the rental housing officer within ten
days of increase in the number of tenants in a dwelling unit above
that permitted in the approved landlord registration statement.
b.
Every tenant shall have the obligation to notify the landlord of
any increase in the number of occupants or tenants within ten (10)
days of the arrival of a new tenant.
c.
Neither the tenant nor the landlord shall permit more "persons" to
occupy the dwelling unit than the maximum number of tenants set forth
in the approved landlord registration statement.
The maximum number of persons which may inhabit a dwelling unit
shall be computed as follows and certified in the landlord registration
statement:
a.
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor area for each occupant thereof.
b.
Dwelling units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements.
c.
Maximum Occupancy. The maximum number of occupants inhabiting a building
rented for residential purposes shall be stated in the approved landlord
registration statement.
a.
Light and Ventilation. Every room containing habitable space must
have at least one window capable of being opened or other opening
directly upon a street, yard, court or other open space. The total
area of such opening shall be not less than 12 percent of the floor
area of such room and in no case less than 12 square feet.
b.
Bathroom and Kitchen. Each dwelling unit shall contain a full bathroom
(including a water closet, lavatory and either a bathtub or shower)
and a kitchen meaning an area for the preparation of food (including
a stove and sink).
c.
Maximum Deck, Balcony or Porch Space. The maximum allowable number
of people on any deck, balcony or porch shall be one person per nine
square feet in accordance with the maximum standing room space allowed
as per the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1
et seq.
d.
Structures that preexisted the adoption date of this section[1] may continue to be used as a dwelling unit notwithstanding
they do not meet the requirements of this section, providing their
continued use is permitted by and the Uniform Fire Safety Act, N.J.S.A.
52:27D-192 et seq., and New Jersey Uniform Fire Safety Code, N.J.A.C.
5:70-1.1 et seq. (jointly referred to as "Uniform Fire Safety Code").
The landlord shall submit a written request with the application for
the rental certificate of occupancy for such continued use along with
a written explanation as to how compliance with the Uniform Fire Safety
Code creates practical difficulties.
a.
It shall be unlawful and in violation of this section for a landlord,
owner or a tenant of a dwelling unit to allow a greater number of
people than the permitted maximum number of tenants listed in the
landlord registration statement to rent or occupy any dwelling unit.
b.
It shall also be unlawful and in violation of this section for a
tenant, landlord or an owner to allow a number of people greater than
the maximum number of people permitted to occupy the deck, balcony
or porch of said dwelling unit to occupy the deck, balcony or porch
of said dwelling unit.
c.
The housing enforcement officer is authorized to issue summons for
violations of this section to any owner, landlord or tenant found
to be in violation of this section.
d.
Inspections. For the purpose of making inspections, on information
and belief relating to a violation as specified herein, the Rental
Housing Officer or his agent or duly designated designee is authorized
to enter and examine any dwelling, dwelling unit, rooming unit or
premises at such reasonable hours as the circumstances of the case
dictate with the permission of an occupant, tenant, owner or landlord.
In the event entry is denied, then, upon advice of the municipal attorney,
recourse to a court of competent jurisdiction may be pursued.
It shall be unlawful and in violation of this section for a
landlord or owner of a dwelling unit or tenant of a dwelling unit
or apartment:
a.
To permit or allow people to reside in a dwelling unit in a number
in excess of the number of people for which sleeping accommodations
are provided in accordance with this section.
b.
To lease or rent a dwelling unit where the number of tenants exceeds the total number of sleeping accommodations as set forth in § 9-4.6 of this section.
c.
To knowingly permit a number of people, greater than the maximum
number of occupants or tenants permitted, to occupy a dwelling unit.
d.
For the landlord to fail to file with the rental housing officer
a landlord registration statement as required by § 10-7.2 of
this section for each building owned by him/her in the Borough of
Flemington containing a dwelling unit.
e.
To violate any other provisions of the New Jersey State Housing Code,
N.J.A.C. 5:28-1.1 et seq. and/or the Uniform Safety Code.
f.
To enter into a lease agreement without at least one tenant being
an adult.
g.
To violate any subsection of this section.
It shall be the legal duty of each holder of a landlord registration
statement to immediately report any breaches of the peace or violations
of this chapter which he or she may know or believes to have occurred
on the leasehold premises, which report shall be made to the rental
housing officer or the police department of the Borough of Flemington
by the most expedient means.
[Ord. No. 2007-16]
Any person who is found to have submitted false information,
documentation or identification in connection with an application
for a landlord's registration statement shall pay a minimum fine of
$250.00 plus court costs for the first offense, second offense a minimum
of $1,250.00 and third offense or more $2,500.00 for each document
containing false information, documentation or identification. Any
person who submits a false certification or documentation shall be
subject to criminal prosecution, in addition to the penalties contained
herein. In addition to the foregoing, a certificate of occupancy that
is issued on the basis of information or documentation that is knowingly
false or fraudulent when made, shall be subject to revocation pursuant
to and in accordance with the provisions herein.
[Ord. No. 2007-16; Ord. No. 2016-17]
a.
There shall be an annual fee of $25.00 to file a landlord registration
statement for each dwelling unit rented to one or more tenants owned
by the landlord within the Borough of Flemington.
b.
A late fee of an additional $25.00 per unit shall be assessed if
the payment is more than 30 days past the due date.
[Ord. No. 2007-16]
Any tenant renting a premises in the Borough of Flemington who
occupies the premises prior to obtaining an approved landlord registration
statement shall be subject to immediate removal from the premises
by the rental housing officer, his agents or duly designated designee.
Any costs associated with the removal and subsequent relocation of
tenants that are incurred by the Borough of Flemington will be reimbursed
to the Borough and shall be the responsibility of the landlord and/or
tenant.
[Ord. No. 2007-16]
In addition to the penalties set forth in § 9-4.11 any owner or agent, landlord, tenant, and any person or corporation who shall violate any of the provisions of this section or fail to comply therewith or with any of the requirements thereof shall be liable to a fine of not more than $2,500.00, community service or imprisonment for not more than 90 days, or a fine, community service, and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation. Each violation of this section shall be a separate and distinct violation.
[Ord. No. 2007-16]
This section shall take effect immediately after final passage
and publication accordance to law.
[Added 10-24-2022 by Ord.
No. 2022-22]
a.
Required Initial Inspection. The owner, landlord, and/or agent of
every single-family, two-family, and/or multiple-dwelling unit offered
for rental shall be required to obtain an inspection of the unit for
lead-based paint hazards within two years of the effective date of
P.L. 2021, c. 182[1] (i.e., by July 22, 2024), or upon tenant turnover, whichever
is earlier.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
b.
Required Recurring Inspection. After the initial inspection required by § 9-5.1a of the Borough Code, the owner, landlord, and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier.
[Added 10-24-2022 by Ord.
No. 2022-22]
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq., and N.J.S.A. 55:13A-1 et seq., as may be amended from time to
time.
[Added 10-24-2022 by Ord.
No. 2022-22]
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,
P.L. 1967, c. 76 (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 in accordance with N.J.S.A. 52:27D-437.16d(2).
Lead-safe certificates are valid for two years. If the lead-safe certificate
has expired, and there will be a tenant turnover, an inspection will
be necessary before the three-year inspection cycle deadline.
[Added 10-24-2022 by Ord.
No. 2022-22]
a.
Creation of Office. The Office of Flemington Lead-Based Paint Inspector
is hereby established.
b.
Appointment. The Mayor shall nominate, with the advice and consent
of the Borough Council, and appoint a Lead-Based Paint Inspector.
c.
Term of Office. The term of office of the Lead-Based Paint Inspector
shall run from the date of the appointment to the 31st day of December
immediately following such appointment.
[Added 10-24-2022 by Ord.
No. 2022-22]
Whenever any rental dwelling unit subject to this § 9-5 is scheduled for a change in occupancy, the then-current owner shall provide written notice to the Borough Clerk that an inspection is needed at least 20 days prior to the scheduled change. Such notice shall be made with a completed application on a form to be provided by the Borough Clerk.
[Added 10-24-2022 by Ord.
No. 2022-22]
The Borough shall designate six days per year, approximately
every two months, where the Borough's Lead-Based Paint Inspector
shall be available to conduct inspections of dwelling units. If the
owner or landlord of a dwelling unit requires inspections outside
of such time period, they shall hire a private lead evaluation contractor
who is certified to provide lead paint inspection services by the
Department of Community Affairs to satisfy the requirements of this
section.
a.
Inspection fees shall be paid prior to the inspection. No inspections
or reinspections shall take place unless all fees are paid. Scheduled
inspections or reinspections may be canceled by the Borough unless
the completed application and required fees have been received by
the Borough at least 24 hours prior to the scheduled inspection or
on the last working day prior to the scheduled inspection.
[Added 10-24-2022 by Ord.
No. 2022-22]
A no-show for a scheduled lead paint inspection shall be subject
to a $50 reinspection fee in addition to all other inspection fees.
A no-show inspection means:
a.
The owner/agent fails to meet the Inspector within 10 minutes of
the appointed time for inspection or reinspection;
b.
The owner/agent does not have a key or is unable to give the Lead
Paint Inspector or designee access to the premises for the scheduled
inspection or reinspection; or
c.
Electrical power to a premises is disconnected.
[Added 10-24-2022 by Ord.
No. 2022-22]
In accordance with N.J.S.A. 52:27D-437.16e, property owners
shall:
a.
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Borough Clerk at the time of the cyclical
inspection required pursuant to the Hotel and Multiple Dwelling Law
(N.J.S.A. 55:13A-1 et seq.).
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.
c.
Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
[Added 10-24-2022 by Ord.
No. 2022-22]
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 N.J.S.A. 52:27D-437.16d.
Upon the remediation of the lead-based paint hazard, the Borough Lead-Based
Paint Inspector or designee, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
[Added 10-24-2022 by Ord.
No. 2022-22]
If no lead-based paint hazards are identified, then the Borough
Lead-Based Paint Inspector or designee 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 and shall be filed with the Borough Clerk and Lead-Based Paint
Inspector.
[Added 10-24-2022 by Ord.
No. 2022-22]
The Borough Lead-Based Paint Inspector shall maintain up-to-date
information on inspection schedules, inspection results, tenant turnover
and a record of all lead-free certifications issued pursuant to N.J.A.C.
5:17.
[Added 10-24-2022 by Ord.
No. 2022-22]
a.
In addition to all other fees due under this Chapter 9, additional fees in the following amounts shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this section and shall not be used for any other purpose.
1.
Fees for a New Jersey Certified Lead Paint Inspector/Risk Assessor
inspection and lead wipe sample analysis shall be set by resolution
each year by the Borough Mayor and Council to reflect actual charges
for such services by the appointed Lead-Based Paint Inspector.
2.
New Jersey Department of Community of Community Affairs Inspection
Fee: $20 per unit. This fee shall be waived in the property owner
or landlord can provide proof that the Department of Community Affairs
has already assessed such fee pursuant to N.J.S.A. 52:27D-437.10.
b.
Alternatively, a dwelling owner or landlord may directly hire a private
lead evaluation contractor who is certified to provide lead paint
inspection services by the Department of Community Affairs to satisfy
the requirements of this section, in which case only a fee for filing
a lead-safe certification in the amount of $25 shall be due.
c.
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.
[Added 10-24-2022 by Ord.
No. 2022-22]
a.
The Borough and the Construction Code Official shall be authorized
to conduct investigations and issue penalties to enforce a property
owner's failure to comply with N.J.S.A. 52:27D-437.16 or this
section.
b.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation
of this section shall be as follows:
1.
If a property owner has failed to conduct the required inspection
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.
