City of Perth Amboy, NJ Chapter 181 Certificate of Code Compliance

[HISTORY: Adopted by the Council of the City of Perth Amboy 9-17-1991 as Ord. No. 569-91. Amendments noted where applicable.]

§ 181-1 Certificate required prior to transfer or sale.

[Amended 6-7-1995 by Ord. No. 769-95; 9-13-2000 by Ord. No. 1058-2000]

A. No person, individual, firm or corporation or the agent, servant or employee of any owner, in any capacity, shall transfer, convey or sell any residential dwelling or commercial or industrial building or structure unless there is first obtained from the Department of Code Enforcement of the City of Perth Amboy a certificate of code compliance. This document, issued by the Director of the Department of Code Enforcement pursuant to procedures developed by that Department, in conjunction with the Zoning Officer and the Fire Official, shall certify that the residential dwelling or commercial or industrial building or structure conforms to the existing zoning regulations and Fire Safety Code of the City of Perth Amboy[1] and, in addition, substantially conforms to the adopted Property Maintenance Code.[2]

[1] Editor's Note: See Ch. 430, Zoning and Ch. 227, Fire Prevention, Art. I.

[2] Editor's Note: See Ch. 335, Property Maintenance.

B. The Director of the Department of Code Enforcement pursuant to procedures developed by that Department may allow for a conditional certificate of code compliance to be issued for a time period of forty-five (45) days in which the property shall comply with the standards required by this chapter. A second forty-five (45) day conditional certificate of code compliance may be issued by the Director of the Department of Code Enforcement upon request.

§ 181-2 Certificate required prior to lease of commercial and industrial structures.

[Amended 6-7-1995 by Ord. No. 769-95; 9-13-2000 by Ord. No. 1058-2000]

A. No person, individual, firm or corporation or the agent, servant or employee of any owner, in any capacity, shall let or lease any commercial or industrial building or structure unless there is first obtained from the Department of Code Enforcement of the City of Perth Amboy a certificate of code compliance that the commercial or industrial building or structure substantially conforms to all requirements of all existing codes of the City of Perth Amboy except as hereinafter provided in Section 181-3.

B. The Director of the Department of Code Enforcement pursuant to procedures developed by that Department may allow for a conditional certificate of code compliance to be issued for a time period of forty-five (45) days in which the property can comply with the standards required by this chapter. A second forty-five (45) day conditional certificate of code compliance may be issued by the Director of the Department of Code Enforcement upon request.

§ 181-3 Exemptions.

The following transfers, conveyances or sales of any residential dwelling or commercial or industrial building or structure are hereby exempt from the provisions of § 181-1 of this chapter

A. Whenever a transfer, conveyance or sale of premises is made between immediate members of a family, including but not limited to husband and wife.

B. Transfer or conveyance of premises by reason of probate proceedings.

C. Whenever a residential dwelling, building or structure has been inspected and a certificate of code compliance pursuant to this chapter or a certificate of occupancy pursuant to Chapter 184, Uniform Construction Codes, has been issued within six (6) months prior thereto.

[Amended 6-7-1995 by Ord. No. 789-95]

D. Whenever premises are purchased specifically for the dwelling or the building thereon to be demolished, then in that event, said intention shall be given to the Department of Code Enforcement of the City of Perth Amboy, in writing, and the necessary demolition permit applied for.

[Amended 6-7-1995 by Ord. No. 769-95]

E. Whenever an application sets forth, in writing, that the purchase transferee or lessee of any premises or property intends to purchase or lease said property as is. After inspection, a temporary nonrenewable certificate of code compliance may be issued for a period not in excess of six (6) months from the date of transfer, conveyance, sale or lease, unless the Director of the Department of Code Enforcement determines that a life-safety and/or life-hazard condition exists.

[Amended 6-7-1995 by Ord. No. 769-95]

§ 181-4 Substantial compliance with codes.

[Amended 6-7-1995 by Ord. No. 769-95]

The Director of the Department of Code Enforcement may issue a certificate of code compliance hereunder even though an existing residential dwelling or commercial or industrial building or structure does not conform exactly to all requirements of all existing codes of the City of Perth Amboy, provided that upon inspection, said existing residential dwelling or commercial or industrial building or structure is determined to be in substantial compliance with the requirements of all existing codes of the City of Perth Amboy and that such residential dwelling or commercial or industrial building or structure is in a safe, sound and sturdy condition.

§ 181-5 Appeals; Appeals Board established.

A. Any person, individual, firm or corporation shall have the right to appeal the denial of a certificate of code compliance under the provisions of this chapter within ten (10) days from the date of denial of the certificate of code compliance to an appeals board to be known as the "Certificate of Code Compliance Appeals Board," which is herewith created. This Board shall consist of three (3) members who shall be appointed by the Mayor with the approval of the Municipal Council and whose terms of office shall be for three (3) years, and they shall serve without compensation. The members of the Appeals Board shall be chosen for their knowledge and experience in the various building trades.

B. The appeal shall be in writing and made to the Director of the Department of Code Enforcement and shall set forth the grounds for the appeal, which shall be heard by the Appeals Board within ten (10) days of the filing of the appeal, and the decision shall be rendered within ten (10) days of the hearing by the Appeals Board.

[Amended 6-7-1995 by Ord. No. 769-95]

C. Any person, individual, firm or corporation aggrieved by any order of the Appeals Board may appeal to a court of competent jurisdiction within the time prescribed by law.

§ 181-6 Limitations of Appeals Board.

The Appeals Board, as herein provided, shall have jurisdiction to hear appeals only from the denial of certificates of code compliance as required by the provisions of this chapter, and such jurisdiction shall not extend to certificates of occupancy required by any other ordinance of the City of Perth Amboy.

§ 181-7 Forms.

[Amended 6-7-1995 by Ord. No. 769-95]

The Department of Code Enforcement, in conjunction with the Zoning Officer and the Fire Official, shall also cause to be prepared such appropriate forms as may be required to secure a certificate of code compliance.

§ 181-8 Fees.

[Amended 11-18-1991 by Ord. No. 583-91]

A. The fees for inspection and reports and certificates of code compliance issued under this chapter shall be as follows:

[Amended 9-14-2011 by Ord. No. 1578-2011]

(1)

[Amended 1-25-2012 by Ord. No. 1634-2012]

	2012 (First Year)	2013 (Second Year)	2014 (Third Year)
One-Family
Property maintenance fee	$35	$35	$40
Smoke detector, carbon monoxide detector and fire extinguisher fee	$30	$50	$70
Two-Family
Property maintenance fee	$55	$65	$80
Smoke detector, carbon monoxide detector and fire extinguisher fee	$50	$75	$100
Three-Family
Property maintenance fee	$90	$105	$120
Four-Family
Property maintenance fee	$120	$140	$160

(2) Rooming houses, motels and hotels: forty dollars ($40) per unit with a minimum fee of two hundred dollars ($200).

(3) Commercial and industrial buildings:

(a) Two thousand five hundred (2,500) square feet or less: one hundred twenty-five dollars ($125).

(b) More than two thousand five hundred one (2,501) square feet: one hundred twenty-five dollars ($125) plus twenty-five dollars ($25) for every thousand square feet or part thereof above this area.

(4) Leased - Commercial and industrial buildings:

(a) Two thousand five hundred (2,500) square feet or less: one hundred twenty-five dollars ($125).

(b) More than two thousand five hundred one (2,501) square feet: one hundred twenty-five dollars ($125) plus twenty-five dollars ($25) for every thousand square feet or part thereof above this area.

(5) Reinspection fees:

(a) Residential unit reinspection: $25/unit.

(b) Common area reinspection: 20% of original fee; $25 minimum fee.

(c) Commercial:

2,500 square feet or less: 20% of original fee

2,501 square feet or more: 20% of original fee

(6) Mixed occupancy fees shall be computed on the occupancy categories listed above.

B. Any fees charged for smoke detector inspections shall be credited against the above fees; however, with respect to § 181-9, smoke detector fees shall not be credited and/or waived.

C. The fees required by this chapter shall be reduced to fifteen percent (15%) of the fees set forth herein where a certificate of habitability has been issued for a structure in its entirety pursuant to the Registration and Annual Inspection Ordinances[1] within six (6) months prior to application under this chapter.

[Added 1-19-1993 by Ord. No. 661-93]

[1] Editor's Note: see Ch. 353. Art. II, Registration and Inspection of Rental Units.

D. With respect to properties with more than one (1) structure, the fees set forth above in § 181-8A shall be calculated as if all of the residential units and, commercial and industrial space are part of one (1) structure.

[Added 6-7-1995 by Ord. No. 769-95]

§ 181-9 Senior citizen fee exemption.

Any citizen holding a senior citizen exemption under N.J.S.A. 54:4-8.40 et seq. shall be exempt from the fees required by this chapter.

§ 181-10 Violations and penalties.

Any person, individual, firm or corporation who shall violate any provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.