[Ord. #97-29, § 1; Ord. #2003-13, § 1; Ord. #2007-10, § 1; Ord. #2008-03, § 1; Ord. No. 2011-07]
All buildings, structures and units thereof, that are leased or rented, regardless of the term, in the Township of Plumsted, shall be inspected by the Code Official on every initial occupancy and every two (2) years thereafter, but there shall not be more than one (1) such routine inspection of each leased or rented building, structure or units thereof in any two (2) year period except for emergencies and/or for complaints received about problems at rental unit(s). A satisfactory State Certificate of Inspection may be used to fulfill this inspection requirement for the two (2) year period from the date on which the certificate is issued. It shall be the obligation of the owner to provide the Plumsted Township Code Official with a copy of the New Jersey State Certificate of Registration form and a copy of any Certificate of Inspection(s) within fourteen (14) days of receipt of these documents. All buildings, structures and units thereof, which are leased or rented, and not currently occupied at the time this chapter takes effect, shall be considered an initial occupancy and subject to the inspection provision hereof.
All buildings, structures and units thereof, which are inspected pursuant to this chapter, shall comply in all respects to the requirements of Township Ordinances and the applicable provisions of the New Jersey Uniform Construction Code and the provisions of N.J.S.A. 55:13A-1, et seq., and 55:13B-1, et seq.
[Ord. #2007-11, § 3]
The owner, rental agent, or manager prior to scheduling inspections shall supply to the Code Official well water and heater certifications. The well water certification cannot be older than five (5) years from the date of requested inspection or if a change in occupancy has occurred since the last rental inspection then a new well water test shall be provided. The heater certification shall be performed by a qualified technician, approved by the Code Official, that the heating equipment serving the premises for which the certificate is requested is in proper and safe working order. The heater certification shall be dated not more than thirty (30) days prior to the date of the application of the certificate of inspection and the heater certification expires thirty (30) days from the date of heater inspection. Exception: If electric heat, no heater certification is needed.
[Ord. #2007-11, § 2]
Upon completion of an inspection of the premises and the same being determined by the Code Official to comply with this Article, a rental certificate of inspection shall issue. A copy of the certificate shall be posted by the owner, rental agent or manager of the inspected property in each separate leased or rented unit. No tenant shall occupy any building, structure or any units thereof until a rental certificate of inspection has issued.
In the event that the Code Official determines, after an inspection, that the premises in question are in violation of this Article, the Code Official shall notify, in writing, the owner, rental agent or manager of the violations noted. Upon correction of the violations, the owner, rental agent or manager shall notify, in writing, the Code Official that the corrections have been made so that a reinspection of the property may occur. If, upon reinspection of the property, the Code Official determines that previous violations were not corrected or new violations exist, then the Code Official shall, again in writing, notify the owner, rental agent or manager of the inspected property of the violations and this process shall continue until all violations have been corrected.
Service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner, rental agent or manager personally; or by leaving the notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail addressed to the owner at the last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice, and at least one publication of such notice in a local newspaper of general circulation.
[Ord. #2007-11, § 2]
If subsequent to the issuance of a rental certificate of inspection, the Code Official learns or becomes aware of violations of this Article, an inspection shall be made of the subject premises. If violations are found to exist, then notification in writing shall be given to the owner, rental agent or manager and said person shall have ten (10) days from service of the notice to correct all deficiencies noted therein. In the event that the same have not been corrected within ten (10) days, then the rental certificate of inspection may be revoked by the Construction Official by mailing a notice of revocation by certified mail to the owner, rental agent or manager and to the tenant or tenants and the premises will be vacated.
[Ord. #97-33, § 1; Ord. #2003-13, § 2; Ord. #2007-10, § 2]
A. 
Amounts.
(1) 
The owner of the inspected property shall be charged a fee for each two (2) year inspection as follows:
(a) 
Each dwelling unit (including smoke alarm and carbon monoxide certifications) and each commercial unit: $150 per unit every two years. In the event violations are found, the first reinspection will be $50; second reinspection: $75; third reinspection: summons issued. A change in occupancy fee would be $80.
[Amended 10-5-2023 by Ord. No. 2023-12]
(b) 
Boardinghouses:
[1] 
One (1) to five (5) rooms: twenty-five dollars ($25).
[2] 
Six (6) to fifteen (15) rooms: thirty dollars ($30).
[3] 
Sixteen (16) to twenty-five (25) rooms: thirty-five dollars ($35).
[4] 
Twenty-six (26) to thirty-five (35) rooms: forty-five dollars ($45).
[5] 
Thirty-six (36) and upwards: fifty-five dollars ($55).
(2) 
The term "dwelling unit" shall be defined as a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking and sanitation.
(3) 
The term "room" shall mean a single, habitable unit used or intended to be used for living and/or sleeping, but not for cooking or eating purposes.
(4) 
A fee of ten dollars ($10) may be charged for each dwelling unit or room which is required to be reinspected during any calendar year.
B. 
The aforesaid fees shall be paid to the Code Official prior to any inspection being made hereunder.
As used in this Article, the following terms shall have the meanings indicated:
CODE OFFICIAL
The Township Construction Code Official, his designee or an agency authorized to perform inspections on behalf of the Township.
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment for a term not to exceed ninety (90) days or by community service of not more than ninety (90) days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
Notwithstanding any of the aforementioned and not in limitation thereof, in case any violation order is not promptly complied with, the Code Official may request the jurisdiction's legal representative to institute an appropriate action or proceeding at law or equity to exact the penalty provided as indicated above or may ask the legal representative to proceed at law or in equity against the persons responsible for the violation for the following purposes:
(1) 
To restrain, correct or remove the violation or refrain from any further execution of work;
(2) 
To restrain or correct the erection, installation, or alteration of each structure;
(3) 
To require the removal of work in violation, or;
(4) 
To prevent the occupation or use of the structure, or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this code, or in violation of a plan or specification under which an approval, permit or certificate was issued.