[1974 Code § 8-1; Ord. #89-7; Ord. #92-05 § 8-1]
a. There is hereby established in the Township of Woodbridge a State
Uniform Construction Code enforcing agency, to be known as the "Code
Enforcing Agency," consisting of a Construction Official, Building
Subcode Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Subcode Official, and such other subcode officials for such additional
subcodes as the Commissioner of the Department of Community Affairs,
State of New Jersey, shall hereafter adopt as part of the State Uniform
Construction Code. The Construction Official shall be the chief administrator
of the enforcing agency.
b. Each official position created in Subsection
a hereof shall be filled by a person qualified for such position pursuant to N.J.A.C. 5:23. It is not required that each such position be filled by separate persons. In lieu of any particular subcode official, the governing body of the Township may retain by contract a private on-site inspection agency authorized by the Department of Community Affairs pursuant to N.J.A.C. 5:23 to enforce and administer any one (1) or more subcodes under the regulations, in place of a local subcode official, in one (1) or more municipalities within the State of New Jersey. Such staffing procedures shall not, however, permit the establishment of continuation of an inspection force insufficient to meet the Township's needs.
c. For purposes of the State Uniform Construction Code and its enforcement,
all subcode officials, or private on-site inspection agencies, are
subject to the procedures and policies of the Code Enforcing Agency
and are primarily responsible to the construction official. The public
shall have the right, unless in the case of emergency, unforeseen
or unavoidable circumstance, to do business at one (1) code enforcing
agency center, to wit, the Municipal Building, 1 Main Street, Woodbridge,
New Jersey 07095.
[1974 Code § 8-3; Ord #89-7; Ord. #90-56; Ord.
#92-05; Ord. #94-84 § 13; Ord. #94-85 § 1; Ord.
#98-42; Ord. #99-40; Ord. #99-42 §§ 1—3; Ord.
#04-34 §§ 1, 2; Ord. #09-61; Ord. No.
2018-33; Ord. No. 2018-58; Ord. No. 2018-95; amended 2-19-2019 by Ord. No. 19-28; 2-1-2022 by Ord. No. 2202-05]
The fee for a construction permit shall be as follows, and shall
be paid before issuance of a construction permit:
The Township waives all Township construction permit fees associated
with the Township operated Affordable Housing Trust Housing Rehabilitation
Program.
FEE SCHEDULE
ESTABLISHMENT OF FEES PURSUANT TO N.J.A.C. 5:23-2.25
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a. The following schedule of fees is hereby established for various
activities within the Township of Woodbridge.
1. Building fees.
(a)
New structure fees:
(1)
Use Groups B, H, I-1, I-2, I-3, M, E, R-1, R-2, U, R-3: Volume
of building (cubic feet) x 0.025 = $ (volume fee).
(2)
Use Groups A-1, A-2, A-3, A-4, F-1, F-2, R-4, S-1, S-2, R-5:
Volume of building (cubic feet) x 0.020 = $ (volume fee).
(3)
Commercial farm buildings (maximum fee not to exceed $1,145):
Volume of building (cubic feet) x 0.010 = $ (volume fee).
(4)
Total fee: = $ (sum of above three fees).
(b)
Renovations, alterations, repair and minor work fees: (The applicant
shall submit cost data by architect or engineer of record, a recognized
estimating firm, or by contractor bid. The Department will review
the construction cost for acceptability.)
(1)
Estimated cost up to and including $50,000 plus $25 per $1,000.
(2)
Portion of cost $50,001 to and including $100,000 plus $20 per
$1,000.
(3)
Portion of cost above $100,000 rounded off to nearest dollar:
$18 per $1,000.
(4)
For combination of renovation and addition: The sum of fees
are computed separately as renovations and additions.
(c)
Nonrefundable 10% plan review fee (prototype) as pursuant to:
N.J.A.C. 5:23-4.18(a).
(d)
Renewal of construction permit: $100.
(e)
Removal of one building from one lot to another, or to another
location on the same lot: The fees shall be $20 per $1,000 of the
estimated cost of the foundation and all work necessary to place the
building in its completed condition in the new location.
(f)
Demolition or removal permit (if needed):
(1)
For a structure less than 5,000 square feet in area and less
than 30 feet in height, for one- or two-family Residences (R-5), and
for structures on farms, including commercial farm buildings: $100.
(2)
All other structures: $200.
(g)
Signs: $2 per square foot (Note: fee to be based on one side
of double-sided signs).
(h)
Certificate of occupancy fees:
(1)
Fee shall be in the amount of 10% of the new construction permit
fee. Minimum fee shall be $50.
(2)
The fee for a certificate of occupancy granted pursuant to a
change of use group: $150.
(3)
The fee for a certificate of continued occupancy issued under
N.J.A.C. 5:23-2.23(e): $450 flat fee.
(i)
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10 shall be $594 for Class I structures and $200 for
Class II and Class III structures. The fee shall be $229 for Class
I for resubmission of an application for a variation structures and
$65 for Class II and Class III structures.
(j)
The fee for a permit for lead hazard abatement:
(2)
The fee for lead abatement clearance certificate: $28.
(k)
Asbestos abatement fee: $70 fee plus $14 certificate of occupancy
as pursuant to N.J.A.C. 5:23-8.9.
(1)
For cross connections and backflow preventers that are subject
to testing, requiring reinspection annually, the fee shall be $75
for each device when they are tested.
(l)
State training fees: current fees pursuant to N.J.A.C. 5:23-4.19.
(m)
No state or C/O fee for tank removal or demolition.
(n)
Flat fee for pools:
(3)
Minimum construction permit fee: $50.
(o)
Open structural towers:
(1)
Towers up to 50 feet: $200.
(2)
Towers over 51 feet: $300.
(p)
Elevator fee: Current fees pursuant to N.J.A.C. 5:23-4.20(c)6
and 7 and N.J.A.C. 5:23-12.6(a), (b) and (c).
2. Electrical fees:
(a)
Minimum plan review fee: $50.
(b)
Devices, lighting fixtures, receptacles, switches, detectors,
fractional HP motors (less than 1/2 HP), emergency and exit lights.
(1)
One to 10 devices (residential): $50.
(2)
One to 10 devices (commercial): $75.
(3)
Each additional device: $1.
(4)
Burglar alarm, residential: $50.
(c)
Fire protection signaling devices, alarm devices, computer,
communication, telephone, data, cable TV, similar devices: apply device
schedule, except one- and two-family.
(d)
Switching devices (disconnects, transfer switches), energy management,
antenna, RRH, panels, fire alarm panels, security panels, similar
devices: $50.
(e)
Pool, in-ground, bonding and equipment/deck bonding with underwater
lights: $150.
(f)
Pool, aboveground, bonding and equipment: $75.
(g)
Spa, hot tub, fountain, hydromassage tub: $60.
(h)
Annual pool inspection: $75.
(j)
Electric range/receptacle, oven surface unit up to 10 KW: $25.
(Range, oven and surface units above 10 KW: apply motor schedule.)
(k)
Electric hot water heater up to 5 KW: $30. (Hot water heater
above 5 KW: apply motor schedule.)
(l)
Electric dryer/receptacle, dishwasher, garbage disposal: $25.
(m)
Demolition/interior or exterior: $75.
(n)
Residential heating, HVAC: $50.
(o)
Commercial HVAC, electric space heating, electric baseboard
heating, electric furnace, air handler, welder and similar equipment:
apply motor schedule.
(p)
Motors and generators and process equipment:
(1)
Fractional HP motors less than 1/2 HP: apply device schedule.
(2)
Motors 1/2 HP to less than 1 HP, 1KW, 1KVA:
1 to 10 units, each: $30.
(3)
Each additional motor: $10.
(4)
Motors 1 HP to 7.5 HP, KW/KVA: $50.
(5)
Motors 10 HP to 50 HP, KW/KVA: $55.
(6)
Motors 51 HP to 100 HP, KW/KVA: $60.
(7)
Motors over 100 HP, KW/KVA (also apply switching devices and
service equipment schedules): $75.
(q)
Transformers, vaults, outdoor substations:
(3)
Not over 112.5 KW/KVA: $90.
(4)
Not over 500 KW/KVA: $130.
(5)
Not over 1,000 KW/KVA (also apply service equipment schedule):
$350.
(6)
Over 1,000 KW/KVA - ADD per 100 KW/KVA (also apply service equipment
schedule): $50.
(r)
Service equipment, motor control center (MCC), sub-panel and
feeder not over 600 volts, one meter:
(1)
Not over 100 AMP and panel: $50.
(2)
Not over 225 AMP and panel: $75.
(3)
Not over 400 AMP and panel: $125.
(4)
Not over 1,000 AMP and panel: $325.
(5)
Over 1,000 AMP and panel: $500.
(6)
Over 600 volts - ADD per category: $150.
(s)
Signs: $75. Underground inspection (trench, grounding, bonding),
add $20.
3. Fire protection and hazardous equipment fee: Fire protection and
other hazardous equipment, sprinklers, standpipes, detectors (smoke
and heat), pre-engineered suppression systems, gas and oil fire appliances
not connected to the plumbing system, kitchen exhaust systems, incinerators
and crematoriums:
(a)
Minimum plan review fee: $50.
(b)
Certificate of occupancy (no work proposed): $100.
(c)
Sprinkler heads or commercial detectors (smoke or heat):
(1)
One to 20 heads or detectors: $75.
(2)
21 to 100 heads or detectors: $140.
(3)
101 to 200 heads or detectors: $250.
(4)
201 to 400 heads or detectors: $610.
(5)
401 to 1,000 heads or detectors: $850.
(6)
Over 1,000 heads or detectors: $1,200.
(d)
Smoke detectors - Residential (R-1, R-2, R-5):
[Amended 5-17-2022 by Ord. No. 2022-32]
(1)
One to 12 detectors: $45.
Each additional 25 detectors: $25.
(2)
Central control station: $175.
(3)
Alarm devices (horns/strobes, pull stations, signaling devices):
number of devices x $15.
(4)
Standpipe systems: number of standpipes x $250.
(5)
Fire Pump: $400.
[Aded 5-17-2022 by Ord. No. 2022-32]
(6)
Pre-engineered fire suppression systems: number of systems x
$100.
(7)
Gas- or oil-fired appliance which is not connected to the plumbing
system. Number of appliances x:
(8)
Gas- or wood-fired stove or fireplace: number of appliances
x $50.
(9)
Water heaters: number of appliances x $30.
(10)
Kitchen exhaust systems: number of systems x:
(e)
Storage tank installation (above and underground):
(1)
Up to 1,000 gallons: $90.
(2)
1,000 to 2,000 gallons: $115.
(3)
Over 2,000 gallons: $200.
(f)
Storage tank removal/abandonment (above and underground):
(1)
Up to 1,000 gallons: $100.
(2)
1,000 to 2,000 gallons: $200.
(3)
Over 2,000 gallons: $300.
(g)
Vapor recovery and/or fuel piping installation: $75.
(h)
Incinerators: number of incinerators x $365.
(i)
Crematoriums: number of crematoriums x $365.
(j)
Commercial generators: $125.
(k)
Residential generators: $50.
(n)
Fire hydrant install or relocation: $100.
(o)
Fire line: $1 per linear foot.
(p)
Plan review for new structures, alterations or renovations:
4. Plumbing fees:
(a)
Minimum plan review fee: $50.
(b)
Fees.
[Amended 5-17-2022 by Ord. No. 2022-32]
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Use Group - R-5-R-3
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All other Use Groups
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Vent stack:
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$25 each
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$30 each
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Water closet:
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$25 each
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$30 each
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Urinal/bidet:
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$25 each
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$30 each
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Bathtub:
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$25 each
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$30 each
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Lavatory:
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$25 each
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$30 each
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Shower:
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$25 each
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$30 each
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Floor drain:
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$25 each
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$30 each
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Sink:
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$25 each
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$30 each
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Dishwasher:
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$25 each
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$30 each
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Drinking fountain:
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$25 each
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$30 each
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Washing machine:
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$20 each
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$25 each
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Hose bibb:
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$25 each
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$30 each
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Water heater:
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$50 each
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$75 each
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Fuel oil piping:
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$15.00 per outlet
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Gas piping:
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$15.00 per outlet
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Commercial gas piping:
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Minimum fee $75/$20 per $1,000 cost
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Steam boiler:
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$40 each
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Hot water boiler:
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$40 each
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Sewer pump:
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$75 each
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Interceptor/separator:
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$100 each
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Chimney liner:
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$50 each
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(c)
Backflow devices/vacuum breakers (residential): $20 each.
(d)
Backflow annual testing of device: $75 per device.
(e)
Reduce pressure backflow devices/(commercial/industrial): $75
each.
(g)
Sewer connection: (residential): $60 each.
*All other Use Groups, sewer and water: $1 per linear foot of
pipe.
(h)
Water service connection (residential): $60 each.
(j)
Indirect connections: $20 each.
(k)
Water-cooled A/C or refrigeration unit: $65 each.
(l)
Residential HVAC unit: $65 per unit.
(m)
Active solar system: $65.
(n)
Lawn sprinkler systems: $50.
(o)
Condensate drain: $15 per unit.
(s)
Garbage disposal: $15 each.
(u)
Demolition of structure to include capping of sewer and water
services:
(v)
Commercial and/or special fixtures-boilers, dishwashers and
tie-in to process equipment: $75.
(w)
Storm drainage systems:
(2)
Two to six roof drains: $20 each.
(3)
Seven to 12 roof drains: $15 each.
(4)
Twelve and over: $10 each.
(x)
Building storm drain:
(2)
Ten inches to 15 inches: $120.
(3)
Eighteen inches to 24 inches: $180.
(y)
Annual inspections pursuant to: N.J.A.C. 5:23-2.23(i)1, 2, 3,
4: $200.
(z)
Pursuant to N.J.A.C. 5:23-4.17: Fees will be rounded off to
nearest dollar amount.
[Ord. #91-43 Preamble]
The Municipal Council of the Township has adopted a resolution
finding that there exists, within the Township, buildings which are
so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, insanitary or otherwise unfit for human habitation, or occupancy,
or use, or inimical to the welfare and dangerous and injurious to
the health and safety of the people of the municipality.
[Ord. #91-43 § 13A-70]
As used in this section:
BUILDING
Shall mean any building, or structure, or part thereof, whether
used for human habitation or otherwise and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
OWNER
Shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
[Ord. #91-43 § 13A-71]
The Director of Planning and Development (hereinafter referred
to as Director) is hereby appointed, without additional compensation,
to exercise the powers conferred upon same by N.J.S.A. 4:48-2.5 and
the provisions hereof.
[Ord. #91-43 § 13A-72]
a. Any public officer or public agency of the Township may file a complaint
with the Director, upon forms prepared by his office, alleging that
a specific building within the Township is unfit for human habitation
or occupancy or use or whenever it appears to the Director (on his
own motion) that any building is unfit for human habitation or occupancy
or use.
b. A complaint may also be filed by at least five (5) residents of the Township alleging the same grounds as set forth in Subsection
a above.
[Ord. #91-43 § 13A-73]
a. Notice. The Director shall, if his preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building the complaint, either
personally or by registered mail, together with a notice that a hearing
shall be held before the Director not less than seven (7) days nor
more than thirty (30) days after the service thereof.
However, if the whereabouts of such persons are unknown and
the same cannot be ascertained by the Director, in the exercise of
due diligence, the Director shall file an affidavit to that effect
with the Township Clerk. Thereafter, the service of the complaint
and notice of hearing upon such persons may be made by publishing
the same once in a newspaper printed and published in the Township,
or in the absence of such newspaper, in one (1) printed and published
in the County and circulating in the Township. The Director shall
post a copy of same in a conspicuous place on the building affected
by the complaint. Additionally, the Director shall file a copy of
same with the Middlesex County Clerk.
b. The owner and parties in interest shall be given the right to file
an answer to the complaint, not later than seven (7) days prior to
the hearing. Additionally, the owner or parties in interest shall
be permitted to appear in person, or otherwise; and give testimony
at the time and place fixed in the complaint. The rules of evidence,
prevailing in the Courts shall not be controlling in the hearings
before the Director.
The Director may upon written notice, grant an adjournment of
the hearing, for good cause shown. However, in no event shall the
matter be extended beyond sixty (60) days from the originally scheduled
date unless the Director, in his or her sole discretion, determines
the interest of justice and safety of the residents of the Township
mandates same.
[Ord. #91-43 § 13A-74]
a. If after such notice and hearing, as prescribed herein the Director
determines that the building under consideration is unfit for human
habitation, occupancy or use he or she shall state in writing his
findings of fact in support of the determination and shall cause to
be served upon the owner and parties in interest thereof an order:
1. Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order or at the option of the owner to vacate or
have the building vacated and closed within the time set forth in
the order; and
2. If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
b. That, if the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the Director may cause the building to be repaired, altered
or improved, or to be vacated and closed; that the Director may cause
to be posted on the main entrance of any building so closed, a placard
with the following words: "This building is unfit for human habitation
or occupancy or use; the use or occupancy of this building is prohibited
and unlawful."
c. That, if the owner fails to comply with an order to remove or demolish
the building, the Director may cause the building to be removed or
demolished or may contract for the removal or demolition thereof after
advertisement for, and receipt of, bids therefor.
d. That the amount of:
1. The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this act determined in favor of the Township.
2. The cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from the building or from any contract
for removal or demolition thereof, shall be a municipal lien against
the real property upon which such cost was incurred. If the building
is removed or demolished by the Director, he shall sell the materials
of the building. There shall be credited against the cost of the removal
or demolition thereof, including the clearance and, if necessary,
leveling of the site, the proceeds of any sale of such materials or
any sum derived from any contract for the removal or demolition of
the building.
3. If there are no such credits or if the sum total of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Municipal Tax Assessor
or other custodian of the records of tax liens and a copy thereof
shall be forthwith forwarded to the owner by registered mail. If the
total of the credits exceed such costs, the balance remaining shall
be deposited in the Superior Court by the Director, shall be secured
in such manner as may be directed by the Court, and shall be disbursed
according to the order or judgment of the Court to the persons found
to be entitled thereto by final order or judgment of the Court. Any
owner or party in interest may, within thirty (30) days from the date
of the filing of the lien certificate, proceed in a summary manner
in the Superior Court to contest the reasonableness of the amount
or the accuracy of the costs set forth in the municipal lien certificate.
4. If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
the Director may, after taking such measures as may be necessary to
make such building temporarily safe, seek a judgment in summary proceedings
for the demolition thereof.
5. Nothing in this section shall be construed to impair or limit in
any way the power of the Township to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise nor is anything in this act intended to limit the authority
of the enforcing agency or construction official under the "State
Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et
seq.) or any rules or regulations adopted thereunder.
[Ord. #91-43 § 13A-75]
The Director may determine that a building is unfit for human
habitation or occupancy if he or she finds that conditions exist in
the building which are dangerous or injurious to the health or safety
of the occupants of the building, the occupants of neighboring buildings
or other residents of the Township; such conditions may include the
following (without limiting the generality of the foregoing): defects
therein increasing the hazards of fire, accidents or other calamities;
lack of adequate ventilation, light or sanitary facilities; dilapidation;
disrepair; structural defects; and uncleanliness.
[Ord. #91-43 § 13A-76]
Any person aggrieved by an order issued by the Director may
take the actions prescribed in N.J.S.A. 40:48-2.8.
[Ord. #91-43 § 13A-77]
The Director shall, as soon as possible after the enactment
of this section, prepare an estimate of the annual expenses or costs
to provide the equipment, personnel and supplies necessary for the
implementation of this section.
[Ord. #91-43 § 13A-78]
The Director may, from time to time, make recommendations to
the Municipal Council, ordinances for the regulation of buildings
and structures and their use and occupation to prevent and abate conditions
therein harmful to the health and safety of the occupants of the structures
and the general public of the Township.
[1974 Code § 13A-52; Ord. #1-7-75 § 1]
As used in this section:
MULTIPLE DWELLINGS
Shall mean any building, structure, and the land appurtenant
thereto containing ten (10) or more apartments or dwelling units rented
or offered to ten (10) and more tenants excepting, however, motels
or hotels, unless the units rented in the motels or hotels shall contain
ten (10) or more units having eating and cooking facilities. In such
event, the units containing the facilities shall be considered multiple
dwelling units.
[1974 Code § 13A-53; Ord. #1-7-75 § 2]
Every owner of premises containing ten (10) or more apartments
or dwelling units shall file, under oath, with the Township Clerk
a statement containing the address of the premises, the name and address
of the owner of the premises, the name and address of the superintendent,
and/or the name and address of the agent in charge of the premises,
the number of apartments in the premises, a description by number
or letter of each such apartment in the premises and the name of the
tenant located within the premises on the date the statement was prepared.
If the owner of the premises is a corporation or other entity other
than an individual, the statement shall be made under oath by the
president, vice-president or secretary of the corporation or a principal
of such other entity.
[1974 Code § 13A-54; Ord. #1-7-75 § 3]
In multiple dwellings, apartments or dwelling units shall not
be leased, sub-leased, rented, let or sold to any tenant, lessee or
purchaser, unless a Certificate of Habitability or a Conditional Certificate
of Habitability is issued by the Woodbridge Township Bureau of Housing.
a. In cases where an apartment is about to be vacated, the owner may
file with the Bureau of Housing a statement containing the designation
of the apartment about to be vacated and may request an inspection
by the Bureau of Housing providing the Bureau with the date of actual
or expected vacation of the premises. The inspection shall be made
at a time not more than twenty-one (21) days before the actual or
expected vacation. An inspection during the period of an actual tenancy
shall not be made unless specifically authorized by the present tenant.
b. In circumstances where an inspection has been made within twenty-one
(21) days of the proposed vacancy of the apartment or dwelling unit,
the Bureau of Housing shall issue a report in writing of the results
of the inspection, a copy of which must be given to the owner and
the present tenant. In addition thereto, a copy of the report must
be submitted to the new tenant by the owner within five (5) days of
the new tenancy. The owner must, within five (5) days of the delivery
of the report to the new tenant, certify to the Bureau of Housing
that same has been accomplished. If no violations are found, the Bureau
shall issue a Certificate of Habitability. If violations are found
which require correction but which, in the opinion of the Bureau,
do not render the premises unsafe for human habitation, then the Bureau
may issue a temporary Certificate of Habitability for a period of
time within which the owner shall repair or correct all listed violations.
The maximum time in which to correct violations shall not exceed the
remaining days of the old tenancy with a maximum of twenty-one (21)
days. Upon the correction of such violation, the Bureau of Housing
shall issue an unconditional Certificate of Habitability to the owner.
c. In circumstances where an unconditional Certificate of Habitability
is issued during the old tenancy and wherein the new tenant advises
the Bureau of a change in circumstances that have arisen between the
date of inspection and the date that the new tenant began his or her
tenancy, there shall be a second inspection. If, as the result of
a second inspection, it is determined that there are violations and
the apartment is not uninhabitable, then the owner shall be provided
with thirty (30) days in which to correct same. If the violations
have not been corrected within the thirty (30) days period, the original
Certificate of Habitability shall be forthwith revoked, the tenancy
terminated and the apartment vacated. If it is determined that the
apartment is uninhabitable at the time of the inspection requested
by the new tenant, then the Certificate of Habitability shall be forthwith
revoked, the new tenancy terminated and the apartment vacated.
d. In circumstances where an inspection cannot be made during the period
of an old tenancy, then within ten (10) days after the tenant vacates
an apartment or dwelling unit, the owner shall file with the Bureau
of Housing a statement containing the designation of the apartment
vacated and request to have same inspected. The vacated apartment
shall be inspected within seven (7) working days of the date that
the owner has requested the inspection. The Bureau of Housing shall
issue a Certificate of Habitability if no violations are found. If
violations are found, no Certificate of Habitability can be secured.
e. If the Bureau of Housing cannot make an inspection within seven (7)
working days of the date that the owner requested an inspection, then
the apartment may be occupied subject to the right of the Bureau of
Housing to inspect same during the term of the new tenancy.
If at the time of the inspection subsequent to the apartment
being occupied by the new tenant the Bureau of Housing finds no violations,
then a Certificate of Habitability shall be issued to the owner.
If at the time of the inspection violations are found, but it
is determined that the apartment is not uninhabitable, then a temporary
Certificate of Habitability shall be issued providing the owner with
thirty (30) days in which to make repairs.
If at the time of the inspection it is determined that the apartment
is uninhabitable, then the tenancy shall immediately terminate and
the apartment shall be vacated.
[1974 Code § 13A-55; Ord. #1-7-75 § 4;
Ord. #79-24; Ord. #84-7 § 1; Ord. #93-07 § 1;
Ord. #94-14 § 1; Ord. #94-84 § 14]
The fee for the certificate of Habitability or Temporary Certificate
of Habitability, including the review of statement and inspection,
shall be fifty ($50.00) dollars per inspection and shall be filed
with the statement setting forth the vacation of the apartment in
question.
[1974 Code § 13A-56; Ord. #1-7-75 § 5]
At the time of inspection of each unit prior to the issuance
of the Certificate of Habitability or temporary Certificate of Habitability,
the Bureau of Housing shall post in a conspicuous place in the apartment
or dwelling a notice stating the number of persons who shall be permitted
to occupy the apartment as residents therein pursuant to the Township
of Wood-bridge Code and in no event shall residency in excess of the
posted number be exceeded by either the landlord or the tenant. For
the purpose of determining residency, any person who sleeps upon the
premises or generally dwells therein for more than two (2) successive
days or nights shall be considered to be residing on the premises.
[1974 Code § 13A-57; Ord. #1-7-75 § 6]
No Certificate of Habitability shall be issued for any multiple-dwelling
unit that is not fit for human habitation, occupancy or use and in
full compliance with all of the ordinances of the Township, the statutes
and regulations of the State of New Jersey and the laws of the United
States of America relating to building, health, safety or general
welfare and no Certificate of Habitability shall be issued if there
are found on the premises defects causing the hazard of fire, accident
or other calamities, lack of adequate ventilation, lack of adequate
light or sanitary facilities, dilapidation, disrepair or structural
defects or uncleanliness so as to tend to cause or spread disease
or harbor insects, rodents or vermin.
[1974 Code § 13A-58; Ord. #1-7-75 § 7]
If, in the opinion of the Bureau of Housing, additional expertise
is needed from either the Health Department, the Police Department
or the Fire Department, in order to determine whether hazards exist,
the Bureau of Housing herein has the power to secure the assistance
and to enter the premises in conjunction with representatives of the
Department so as to make inspections of the premises.
[1974 Code § 13A-59; Ord. #1-7-75 § 8]
No owner or representative of an owner or tenant shall officially
request an inspection until such time that he verifies in writing
that, in his judgment, the apartment or dwelling is not being maintained
in violation of the laws of the Township of Woodbridge, State of New
Jersey and/or the United States of America.
[1974 Code § 13A-60; Ord. #1-7-75 § 9]
The Chief of the Bureau of Housing shall be the final authority
as to whether violations exist.
[1974 Code § 13A-61; Ord. #1-7-75 § 10;
New]
Any person who shall violate any provision of this Article or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, §
1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1974 Code §§ 8-46 and 13A-67; Ord. #83-9;
Ord. #84-39]
Each single or multiple-family dwelling unit shall have, adjacent
to each separate entrance and affixed thereto, a house number and,
if applicable, apartment number consisting of legible numbers or the
written words describing the numbers, each number or letter to be
a minimum of three (3) inches in height, which numbers shall be visible
from the street or right-of-way during all seasons of the year.
[1974 Code § 8-47; Ord. #83-9; Ord. #85-13 § I]
In no case shall the house numbers be further than forty (40)
feet from the edge of the pavement/curbline. In cases where the distance
from the edge of the pavement/curbline to a single dwelling unit is
greater than forty (40) feet, the house number shall be permanently
affixed near the edge of the access drive and within forty (40) feet
of the edge of the pavement/curbline.
[1974 Code § 8-48; Ord. #85-13 § II]
A schematic directory of sufficient size to be read from five
(5) feet shall be permanently constructed at each ingress drive of
a multifamily project having a private road system. The directory
shall show all units in the project the house numbers within each
unit and the project's internal road system.
[1974 Code § 8-49; Ord. #84-39]
No single-family or multifamily residential unit shall be sold,
rented or occupied after initial construction or have additions constructed
thereto unless and until the residential unit has been brought into
compliance with this section.
[1974 Code § 8-50; Ord. #85-13 § IV]
A directory shall be installed at all multifamily projects with
units having any Certificates of Occupancy within six (6) months after
the adoption of this section. Prior to the installation of a directory,
its type and location(s) shall be approved by the Fire Subcode Official
of the Township of Woodbridge.
[1974 Code § 8-51 and 13A-68; Ord. #83-9; Ord.
#85-13 § V]
a. Any violation of this section shall be punishable as set forth in Chapter
1, §
1-5 of the Revised General Ordinances of the Township of Woodbridge.
b. Each day that there shall be a violation shall constitute a separate
offense.
[Ord. #05-23; Ord. #05-93]
PORTABLE FIRE EXTINGUISHER
Shall mean an operable portable device, carried and operated
by hand, containing an extinguishing agent that can be expelled under
pressure for the purpose of suppressing or extinguishing fire, and
which is:
a.
Listed, labeled, charged and operable;
b.
No smaller than two and one-half (2 1/2) pound or larger
than a ten (10) pound rated extinguisher;
c.
Rated for residential use consisting of an ABC type;
d.
On hangers, or in brackets supplied by the manufacturer;
e.
Within ten (10) feet of the kitchen area, unless otherwise permitted
by an enforcing agency;
f.
Located with the top of the extinguisher not more than five
(5) feet (1.53 meters) above the floor;
g.
Visible and in a readily accessible spot, free from blocking
by furniture, storage, equipment and other items;
h.
Near a room exit or travel way that provides an escape route
to the exterior;
i.
Accompanied by an owner's manual or written information regarding
the operation, inspection and maintenance of the extinguisher; and
j.
Installed so the operating instructions shall be clearly visible.
[Ord. #05-23; Ord. #05-93]
A structure used or intended to be used for residential purposes
by not more than two (2) households shall have a smoke-sensitive alarm
device on each level of the structure. If the structure contains a
fuel-burning appliance of any type, a carbon monoxide detector is
also required. If both are required, a smoke detector and carbon monoxide
detector shall be located outside each separate sleeping area in the
immediate vicinity of the bedrooms, in accordance with N.J.S.A. 52:27D-192
and N.J.A.C. 5:70-2.3 et seq. Smoke detectors and carbon monoxide
detectors must be located in accordance with the NFPA Standard listed
in N.J.A.C. 5:70 and maintained in good working order.
Each structure shall also be equipped with at least one (1)
portable fire extinguisher in conformance with the rules and regulations
promulgated by the Commissioner of Community Affairs pursuant to the
"Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et
seq.).
[Ord. #05-23; Ord. #05-93]
Smoke and carbon monoxide detectors and fire extinguishers,
as required by this section, shall be in compliance with the standards
of the approved rating organization and shall be capable of being
maintained by the person responsible for the occupancy of the residential
dwelling unit. The detectors shall consist of an assembly incorporating
the detector, control equipment and the alarm-sounding device in one
(1) unit. The detectors may be battery powered or electrically connected
to the main panel box with battery backup and shall be listed in accordance
with ANSI/UL 217 listed in N.J.A.C. 5:70. Two (2) or more single-station
smoke detector or carbon monoxide assemblies may be interconnected
so that the activation of one (1) causes all integral or separate
audible alarms to operate. Nothing in this section shall be construed
to prohibit the installation of more complex smoke or carbon monoxide
detection devices. The fire extinguisher must contain an extinguishing
agent that can be expelled under pressure for the purpose of suppressing
or extinguishing fire, and which is (1) rated for residential use
consisting of an ABC type; (2) no larger than a ten (10) pound rated
extinguisher; and (3) mounted within ten (10) feet of the kitchen
area, unless otherwise permitted by the enforcing agency.
[Ord. #05-23]
In the case of resale or refinancing of any building no owner
shall sell, lease or otherwise permit occupancy for residential purposes
of that building without first obtaining a certificate evidencing
compliance with this section. Where a certificate of occupancy is
required under the land development chapter or other general ordinances
of the Township, it shall not be issued prior to the time the owner
obtains the certificate of compliance. Such certificates shall expire
sixty (60) days from the date of inspection; thereafter a new inspection
and fee shall be required.
[Ord. #05-23]
The Chief Housing Inspector and duly appointed inspectors or
other Code Enforcement Officials as designated by the Business Administrator
are hereby empowered to conduct the necessary inspections and to issue
certificates of compliance as contemplated herein.
[Ord. #05-23; Ord. #05-93]
The application fee for a certificate of smoke detector, carbon
monoxide alarm and portable fire extinguisher compliance as required
by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining
before the change of occupant is expected, as follows:
a. Requests for a certificate of smoke detector, carbon monoxide alarm
and portable fire extinguisher compliance received more than ten (10)
business days prior to the change of occupant: fifty ($50.00) dollars.
b. Requests for a certificate of smoke detector, carbon monoxide alarm
and portable fire extinguisher compliance received four (4) to ten
(10) business days prior to the change of occupant: seventy ($70.00)
dollars.
c. Requests for a certificate of smoke detector, carbon monoxide alarm
and portable fire extinguisher compliance received fewer than four
(4) business days prior to the change of occupant: one hundred twenty-five
($125.00) dollars.
[Ord. #05-23; Ord. #05-93]
The Tax Collector of the Township of Woodbridge shall provide
to each person requesting a tax search from his or her office a statement
calling attention to the provisions of this section, including the
requirement that smoke detectors, carbon monoxide detectors and portable
fire extinguishers be installed and the necessity of obtaining a certificate
of smoke detector, carbon monoxide detector and portable fire extinguisher
compliance prior to each change of title and/or refinancing of a mortgage
on any real property.
[Ord. #05-23; Ord. #05-93]
An owner who sells, leases or rents or otherwise permits to
be occupied for residential purposes any premises subject to the provisions
of this section shall be subject to a fine of not more than five hundred
($500.00) dollars in the case of a violation for an alarm device,
or a fine of not more than one hundred ($100.00) dollars in the case
of a violation for a portable fire extinguisher, which may be collected
and enforced by the Chief Housing Inspector or duly appointed inspectors,
through summary proceedings pursuant to the penalty enforcement law,
N.J.S.A. 2A:58-1 et seq.
[Ord. #97-19 § 13A-52]
DWELLING UNIT
Shall, for the purpose of this section, mean a building or
portion of any building designed, arranged or used for permanent living
quarters for one (1) or more persons living as a single housekeeping
unit with cooking and bathroom facilities but not including hotels
or other buildings for transient quarters.
MULTIPLE DWELLING
Shall, for the purpose of this section, mean any building,
structure, and the land appurtenant thereto containing two (2) through
nine (9) dwelling units rented or offered to two (2) or more tenants.
Owner occupied two (2) family structures are specifically exempted.
[Ord. #97-19 § 13A-53; Ord. #08-46]
a. Every owner of a multiple dwelling shall, in addition to complying with the other requirements of this section, file with the Woodbridge Township Bureau of Housing, a complete and current list of all tenants living in the multiple dwelling. Such list shall be provided annually by January 15th. Said list shall also indicate the address of the premises, the name and address of the owner of the premises, the name and address of the superintendent and/or the name and address of the agent in charge of the premises, the number of dwelling units in said premises and a description by number or letter of each such dwelling unit in the premises. At the time of the submission of the list the owner shall also execute a certification, to be attached to said list and on a form prescribed by the Bureau of Housing, certifying that the list is a complete and accurate list of all tenants residing within the multiple dwelling as of the date of the submission of the list. Failure of the owner to submit such list shall be deemed a violation of this Article and shall subject the owner to the penalties set forth in Subsection
17-6.8. The owner shall further provide an amended tenant list within two (2) weeks of a new tenant occupying a dwelling unit.
b. The Bureau of Housing shall conduct an annual inspection of all multiple
dwellings. The purpose for said inspection is to ensure that every
dwelling unit contained in each multiple dwelling complies with the
requirements of the BOCA Housing-Property Maintenance Code of the
Township of Woodbridge and meets minimal standards of habitability
in order to preserve the health, safety and general welfare of the
tenants therein. The owner of the multiple dwelling shall be notified
of the date and time of the inspection and shall be responsible for
obtaining access to all dwelling units with the consent of the tenant
residing therein.
c. The owner shall pay to the Township an annual inspection fee of fifty
($50.00) dollars per unit for each inspection.
[Ord. #97-19 § 13A-54]
a. No dwelling unit contained within a multiple dwelling shall be leased,
subleased, rented or let to any tenant or lessee unless a certificate
of inspection or a temporary certificate of inspection is issued by
the Woodbridge Township Bureau of Housing.
b. In cases where a dwelling unit is about to be vacated, the owner
may file with the Bureau of Housing a statement containing the designation
of the dwelling unit about to be vacated and may request an inspection
by the Bureau of Housing providing said Bureau with the date of actual
or expected vacation of said premises. Said inspection shall be made
at a time not more than twenty-one (21) days before the actual or
expected vacation.
In circumstances where an inspection has been made within twenty-one
(21) days of the proposed vacancy of the dwelling unit, the Bureau
of Housing shall issue a report in writing of the results of the inspection,
a copy of which must be given to the owner and the present tenant.
In addition thereto, a copy of the report must be submitted to the
new tenant by the owner within five (5) days of the new tenancy. The
owner must, within five (5) days of the delivery of the report to
the new tenant, certify to the Bureau of Housing that same has been
accomplished. If no violations are found during the inspection made
prior to the new tenancy, the Bureau shall issue a certificate of
inspection. If violations are found which require correction but which,
in the opinion of the Bureau, do not render said premises unsafe for
human habitation, then the owner shall repair or correct all listed
violations before a new tenancy is permitted. The maximum time in
which to correct violations shall not exceed the remaining days of
the old tenancy with a maximum of twenty-one (21) days. Upon the correction
of such violations, the Bureau of Housing shall issue a permanent
certificate of inspection to the owner. If the violations are not
corrected within said twenty-one (21) day period then the new tenancy
shall not be permitted until such time as the owner has corrected
the violations and has secured a certificate of inspection.
In circumstances where a certificate of inspection is issued during the old tenancy and wherein the new tenant advises the Bureau of a change in circumstances that has arisen between the date of inspection and the date that the new tenant began his or her tenancy, there shall be a second inspection. If, as of the result of the second inspection, it is determined that there are violations and the dwelling unit is not uninhabitable, then the owner shall be provided thirty (30) days in which to correct same. If the violations have not been corrected within the thirty (30) day period, the original certificate of inspection shall be revoked and the owner shall be deemed in violation of this Article and subject to the penalties set forth in Subsection
17-6.8 for every day that the tenancy continues thereafter, until such time as the violations are corrected and a new certificate of inspection has been issued. If, at the time of the inspection requested by the new tenant, it is determined that the dwelling unit is uninhabitable and the conditions pose a threat to the health and safety of the inhabitants of the dwelling unit, then the certificate of inspection shall be forthwith revoked, the new tenancy terminated and the dwelling unit vacated. The owner shall be subject to the penalties set forth in Subsection
17-6.8 for every day that the tenancy is permitted to continue thereafter. The owner shall further be responsible for any and all relocation expenses incurred by the tenant in accordance with applicable State law.
c. In circumstances where an inspection cannot be made during the period
of an old tenancy, then within ten (10) days after the tenant vacates
a dwelling unit, the owner shall file with the Bureau of Housing a
statement containing the designation of the dwelling unit vacated
and request to have same inspected. The vacated dwelling unit shall
be inspected within seven (7) working days of the date that the owner
has requested said inspection. The Bureau of Housing shall issue a
certificate of inspection if no violations are found. If violations
are found, no certificate of inspection can be secured. If the Bureau
of Housing cannot make an inspection within seven (7) working days
of the date that the owner requested an inspection, then the dwelling
unit may be occupied subject to the right of the Bureau of Housing
to inspect same during the term of the new tenancy.
If at the time of the inspection subsequent to the dwelling unit being occupied by the new tenant the Bureau of Housing finds no violations, then a certificate of inspection shall be issued to the owner. If at the time of the inspection violations are found but it is determined that the dwelling unit is not uninhabitable, then a temporary certificate of inspection shall be issued providing the owner with thirty (30) days in which to make repairs. If the violations have not been corrected within the thirty (30) day period, the temporary certificate of inspection shall expire and the owner shall be deemed in violation of this section and subject to the penalties set forth in Subsection
17-6.8 for every day that the tenancy continues thereafter, until such time as the violations have been corrected and a permanent certificate of inspection has been issued. If at the time of inspection it is determined that the dwelling unit is uninhabitable, then the tenancy shall immediately terminate and the dwelling unit shall be vacated. The owner shall be subject to the penalties set forth in Subsection
17-6.8 for every day that the tenancy is permitted to continue thereafter. The owner shall further be responsible for any and all relocation expenses incurred by the tenant in accordance with applicable State law.
d. The fee for said certificate of inspection or temporary certificate
of inspection, including the review of statement and inspection, shall
be fifty ($50.00) dollars per inspection and shall be filed with the
statement setting forth the vacation of the dwelling unit in question.
[Ord. #97-19 § 13A-55]
No certificate of inspection shall be issued for any dwelling
unit that is not fit for human habitation, occupancy or use and in
full compliance with all of the ordinances of the Township of Woodbridge,
including all zoning ordinances, the statutes and regulations of the
State of New Jersey and the laws of the United States of America relating
to building, health, safety or general welfare, and no certificate
of inspection shall be issued if there are found on the premises defects
causing the hazard of fire, accident or other calamities, lack of
adequate ventilation, lack of adequate light or sanitary facilities,
dilapidation, disrepair or structural defects or uncleanliness so
as to tend to cause or spread disease or harbor insects, rodents or
vermin.
[Ord. #97-19 § 13A-56]
If, in the opinion of the Bureau of Housing, additional expertise
is needed from either the Health Department, the Police Department
or the Fire Department, in order to determine whether hazards exist,
said Bureau of Housing has the power to secure the assistance and
to enter the premises in conjunction with representatives of said
department so as to make inspections of the premises.
[Ord. #97-19 § 13A-57]
No owner or representative of an owner or tenant shall officially
request an inspection until such time that he verifies in writing
that, in his judgment, the dwelling unit is not being maintained in
violation of the laws of the Township of Woodbridge, State of New
Jersey, and/or the United States of America.
[Ord. #97-19 § 13A-58]
The Director of the Department of Planning and Development of
the Township of Woodbridge shall be the final authority as to whether
violations exist.
[Ord. #97-19 § 13A-59]
Any person who shall violate any provision of this section or
shall fail to comply with any of the requirements hereof shall, upon
conviction thereof, be punished by a fine not exceeding one thousand
($1,000.00) dollars or by imprisonment for a term not exceeding ninety
(90) days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
[1974 Code § 8-53; Ord. #90-24; Ord. #07-20]
The Legislature of the State of New Jersey has, in N.J.S.A.
40:55D-1, delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety
and general welfare of its citizenry.
[1974 Code § 8-54; Ord. #90-24; Ord. #07-20]
It is the purpose of this section to promote the public health,
safety and general welfare and to minimize public and private losses
due to improper or incomplete construction of single and two (2) family
detached home sites. The provisions of this section are designed to:
a. Protect human life and health.
b. Minimize expenditure of public money for completing or repairing
public facilities damaged due to construction.
c. Minimize damage to public facilities and utilities, such as water
and gas mains, electric, telephone and sewer lines and streets.
d. Provide sufficient funds available to the Township to complete or
repair such site facilities, as deemed necessary to protect the public.
[1974 Code § 8-55; Ord. #90-24; Ord. #07-20]
a. Unless specifically defined below, words or phrases used in this
section shall be interpreted as to give them the meanings they have
in common usage and to give this section its most reasonable application.
b. As used in this section:
APPLICANT
Shall mean the owner of a parcel of land, licensed builder
or contract purchaser for a single or two (2) family dwelling.
OBLIGOR
Shall mean the same as applicant; one who is obligated pursuant
to a builder's agreement.
[1974 Code § 8-56; Ord. #90-24; Ord. #07-20]
No single or two (2) family dwelling, structure or land shall
hereafter be located, extended, moved, converted or structurally altered
without full compliance with the terms of this section and other applicable
regulations. Any alteration, reconstruction, addition to or extension
of an existing single or two (2) family dwelling, wherein the work
to be completed exceeds fifty (50%) percent of the structure's present
value, shall be subject to the terms of this section and other applicable
regulations.
[1974 Code § 8-57; Ord. #90-24; Ord. #07-20]
In the interpretation and application of this section all provisions
shall be:
a. Considered a minimum requirement.
b. Liberally construed in favor of the Governing Body.
c. Deemed neither to limit nor repeal any other powers granted under
State statutes.
[1974 Code § 8-58; Ord. #90- 24; Ord. #07-20]
A builder's agreement shall be obtained by an applicant before construction or development begins on single-family, two (2)-family or multiple-family dwellings or accessory buildings. Builder's agreements are not required for project covered under an existing developer's agreement between the applicant and the Township. Application for a builder's agreement shall be made to the Township Engineer on forms furnished by the Construction Code Official. Application for a builder's agreement shall be accompanied by all fees required in connection with the agreement in the amounts shown in Subsection
17-7.9, "Schedule of Fees and Guarantees." Additional fees required pursuant to other sections of the Revised General Ordinances of Woodbridge Township, such as sanitary sewer connection fees, shall be submitted at the time of application for a builder's agreement. The application shall include two (2) copies of plans, drawn to scale, showing the following information, for both existing conditions and proposed conditions:
a. The full extent of the property, including property line dimensions.
b. The elevation, in relation to mean sea level, of the lowest habitable
floor, including basement, of all structures.
c. The location of all structures with dimensions to abutting property
lines.
e. Impervious areas such as drives, walkways, sidewalks, curbs and parking
areas.
g. Vegetation and landscaping.
i. Floodplains and wetlands.
l. Any other information that may be reasonably required.
[1974 Code § 8-59; Ord. #90-24; Ord. #07-20]
Upon approval of the builder's agreement application by the
Township Engineer, the applicant shall:
a. Sign an agreement in the form satisfactory to the Woodbridge Corporation Council which provides for the furnishing of a performance guarantee in favor of the Township in an amount shown in Subsection
17-7.9, representing the cost of installation for improvements it may deem necessary or appropriate, including streets; grading; pavement; gutters; curbs; sidewalks; street-lighting; shade trees; surveyor's monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; water mains; culverts; storm sewers; sanitary sewers or other means of sewage disposal; drainage structures; erosion control and sedimentation control devices; landscaping; and any other on-site improvements.
b. If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon, to the Township for the reasonable cost of the
improvements not completed or corrected, and the Township may, either
prior to or after the receipt of the proceeds thereof, complete such
improvements.
c. Upon substantial completion of all required improvements, the obligor
may notify the Municipal Council in writing, by certified mail addressed
in care of the Township Clerk of the completion or substantial completion
of improvements and shall send a copy thereof to the Township Engineer.
Thereupon, the Township Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the Municipal Council, indicating either approval,
partial approval or rejection of such improvements, with a statement
of reasons for any rejection.
d. The Municipal Council shall either approve, partially approve or
reject the improvements on the basis of the report of the Township
Engineer and shall notify the obligor in writing, by certified mail,
of the contents of the report and the action of the approving authority
which relation thereto not later than sixty-five (65) days after receipt
of the notice from the obligor of the completion of the improvements.
e. If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth in
this subsection shall be followed.
f. Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Governing Body or the Township Engineer.
g. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements pursuant to the requirements for reimbursement of inspection fees contained in Subsection
17-7.9.
[1974 Code § 8-60; Ord. #90-24; Ord. #07-20]
a. The Township Engineer is hereby appointed to administer and implement
this section by granting or denying builder's agreement applications
in accordance with its provisions.
b. Powers and Duties of Township Engineer. The duties of the Township
Engineer shall include, but not be limited to:
1. Reviewing all builders' agreement applications to determine that
the requirements of this section have been satisfied.
2. Reviewing all builders' agreement applications to require that all
necessary permits have been obtained for those Federal, State or local
governmental agencies from which prior approval is required.
3. Collecting all applicable fees and guarantees as specified in Subsection
17-7.9.
4. Recording and retaining all builders' agreements.
[1974 Code § 8-61; Ord. #90-24; Ord. No. #94-14
§ 1; Ord. #07-20]
a. An application fee in the amount of seven hundred fifty ($750.00)
dollars, in the form of cash, a certified bank check or money order
payable to the Township of Woodbridge, shall be paid at the time of
application. The fee shall cover the Township's expenses for filing
the application, preparation of a builder's agreement and testing
and inspection at the site.
b. In the event that a builder's agreement is not executed, four hundred
($400.00) dollars of the application fee shall be returned to the
applicant. The balance of the original application fee shall be retained
by the Township to cover processing expenses.
c. A performance guarantee in the amount equal to one hundred twenty
(120%) percent of all improvements, with the exception of any structures,
as determined by the Municipal Engineer. In no event shall the performance
guarantee be less than a minimum of two thousand five hundred ($2,500.00)
dollars. The guarantee shall be deposited with the Township in the
form of cash, certified bank check, money order or letter of credit
at the time of execution of the builder's agreement. Any letter of
credit must be approved as to form and sufficiency of surety by the
Township Director of Law.
[Ord. #08-26]
The Municipal Council has determined that certain modifications
to homes can create a condition that threatens the occupants of the
home specifically at the health, safety and welfare of the community
at large.
[Ord. #08-26]
DWELLING UNIT
Shall mean any building, or structure or portion thereof
used or designed as a residence by one (1) or more person, excluding
hotels. Each unit shall constitute a separate dwelling.
[Ord. #08-26]
No bedroom door contained within a dwelling unit shall be equipped
with a padlock, combination or keyed lock from the outside of the
bedroom.
[Ord. #05-46 § 1; Ord. No. 2017-64; amended 10-1-2024 by Ord. No. 2024-68]
The purposes of this section are as follows:
a. To protect the health, safety and welfare of residential tenants
by ensuring that both the interior and exterior of all rental properties
are maintained in a safe and sanitary condition.
b. To protect the welfare of residential tenants by assuring that maximum
occupancy limits are not exceeded in rental units.
c. To protect the health, safety and welfare of the community at large
by requiring the upkeep and maintenance of building exteriors and
outside property areas.
d. To protect the health, safety and welfare of the community at large
by prohibiting short-term rentals of residential property or any portion
thereof, including but not limited to swimming pools, hot tubs, driveways,
front, rear or side yards, within the Township.
[Ord. #05-46 § 2; Ord. #07-13]
This section shall apply to all residential dwellings including
single family houses which are offered for lease to persons other
than the record owner, irrespective of whether rent is paid ("Rental
Units").
[Ord. #05-46 § 3; Ord. No. 2017-64; amended 10-31-2023 by Ord. No. 2023-73; 10-1-2024 by Ord. No. 2024-68]
a. No person, agency, corporation, partnership, firm, company, owner,
real estate agent, broker or any other individual (the "lessor" or
"applicant") shall hereafter rent, lease or sublet any residential
unit, without first obtaining from the Chief Housing Inspector one
of the following:
1. A Certificate of Continued Rental Housing Compliance stating that at the time of the proposed rental, lease or subletting the unit complies with all applicable code provisions including but not limited to the property maintenance standards of this section as set forth in Subsection
17-9.4 herein and is approved for occupancy; or
2. A Conditional Certificate of Continued Rental Housing Compliance
indicating that the unit is conditionally approved for occupancy.
b. In addition, the applicant must produce:
1. Proof of a valid Rental Housing Compliance Certificate from the last
required inspection; and
2. Certification in the form attached as Schedule 1 from the owner/landlord that the rental unit satisfies the requirements set forth in Subsection
17-9.4 below.
3. Owner/Landlord shall further certify that there are no residential
tenants from other rental units within the Township of Woodbridge
and owned by said owner/landlord that have been displaced from their
rental unit as a result of fire or other emergency that has made said
rental unit uninhabitable. In the event any tenant has been displaced
from their rental unit as a result of fire or other unforeseen emergency
(the "Damaged Rental Unit"), and the damage resulting from the fire
or other unforeseen emergency in the judgment of the Housing Inspector
or other official charged with equivalent responsibility is such as
to render the Damaged Rental Unit uninhabitable, owner/ landlord shall
temporarily relocate said displaced tenant(s) into the nearest available
rental unit owned by said owner/landlord (the "Temporary Rental Unit")
before allowing any other person or entity to occupy said available
unit. The displaced tenant shall be permitted to remain in the Temporary
Rental Unit until the Damaged Rental Unit has been repaired and deemed
habitable by the Housing Inspector or other official charged with
the equivalent responsibility. Rent charged for the Temporary Rental
Unit shall not exceed the rent charged for the Damaged Rental Unit
during the displaced tenant's occupancy of the Temporary Rental Unit.
c. No person, agency, corporation, partnership, firm, company, owner,
real estate agent, broker or any other individual (the "lessor" or
"applicant") shall hereafter rent, lease or sublet any residential
property or any portion thereof, including but not limited to swimming
pools, hot tubs, driveways, front, rear or side yards, for a period
of less than thirty consecutive days.
[Ord. #05-46 § 3; Ord. #07-13]
All rental units governed by this ordinance shall comply with
the following codes and regulations, which are hereby incorporated
by reference into this ordinance:
a. The 2003 International Property Maintenance Code established by the
International Code Council or its successors; including but not limited
to section PM-405.0, as amended, revised, or redesignated from time
to time. In determining the number of occupants, visitors whose stay
is not longer than thirty (30) days shall be excluded.
b. N.J.A.C. 5:10, Maintenance of Hotels and Multiple Dwellings Regulations.
c. The Woodbridge Township Municipal Code.
d. Additionally all rental units shall meet the following specific standards:
1. Unless prior to this subsection becoming effective, a design was
approved by the Township every habitable space, which shall be deferred
as any space in a structure whether created by a permanent (e.g. wall)
or temporary (e.g. curtain) subdivision for living, sleeping, eating
or cooking; (for the purposes of this subsection bathroom, toilet,
compartments, closets, halls, storage or utility spaces, and similar
areas are not considered habitable space) shall have at least one
(1) operable window of such size which satisfies the applicable Building
Code requirement.
2. A rental unit commonly known as an efficiency unit shall meet the
following requirements:
(a)
A unit occupied by not more than two (2) occupants shall have
a clear floor area of not less than two hundred twenty (220) square
feet. A unit occupied by three (3) occupants shall have a clear floor
area of not less than three hundred twenty (320) square feet.
(b)
The unit shall be provided with a kitchen sink, cooking appliance and refrigerator facilities, each having a clear working space of not less than thirty (30) inches in front. Light and ventilation to conform with the standards set forth in Subsection
3(a) below.
3.
(a)
The owner of the rental unit shall provide and maintain light,
ventilation and space conditions in compliance with these requirements.
A person shall not occupy as owner-occupant, or permit another person
to occupy or use any premises that do not comply with the requirements
of this subsection.
(1)
Alternative devices: In lieu of the means for natural light
and ventilation herein prescribed, artificial light or mechanical
ventilation shall be permitted when complying with the Building Code.
(2)
Every habitable space shall have at least one (1) window of
approved size facing directly to the outdoors or to a court. The minimum
total window area, measured between stops, for every habitable space
shall be eight (8%) percent of the floor area of such room, except
in kitchens when artificial light is provided in accordance with the
provisions of the Building Code. Wherever walls or other portions
of a structure face a window of any room and such obstructions are
located less than three (3) feet from the window and extend to a level
above that of the ceiling of the room, such window shall not be deemed
to face directly to the outdoors nor to a court and shall not be included
as contributing to the required minimum total window area for the
room.
(3)
Every common hall and stairway, other than in one and two- family
dwellings, shall be lighted at all times with at least sixty (60)
watt standard incandescent light bulb or equivalent for each two hundred
(200) square feet of floor area, provided that the spacing between
lights shall not be greater than thirty (30) feet. Every exterior
stairway shall be illuminated with a minimum of one (1) foot candle
at floors, landings and treads.
(4)
All other spaces shall be provided with natural or artificial
light sufficient to permit the maintenance of sanitary conditions,
and the safe use of the space and the appliances, equipment and fixtures.
(5)
Every habitable space shall have at least one (1) operable window
of such size which satisfies the applicable building code requirement.
The total operable area of the window in every room shall be equal
to at least forty-five (45%) percent of the minimum glazed area required.
(6)
Every bathroom and toilet room
shall comply with the ventilation requirements for habitable spaces
as required by the Building Code, except that a window shall not be
required in spaces equipped with a mechanical ventilation system that
complies with the following:
[a]
Air exhausted by a mechanical ventilation system from a bathroom
within a dwelling unit shall be exhausted to the exterior and shall
not be recirculated to any space, including the space from which such
air is withdrawn.
[b]
Air exhausted by a mechanical ventilation system from all other
bathrooms or toilet rooms shall be exhausted to the exterior without
recirculation to any space or not more than eighty-five (85%) percent
of the exhaust air shall be recirculated where the system is provided
effective absorption and filtering equipment complying with the mechanical
code.
(7)
Unless approved through the Certificate of Occupancy, cooking
shall not be permitted in any rooming unit or dormitory unit, and
a cooking facility or appliance shall not be permitted to be present
in a rooming unit or dormitory unit.
(8)
Where injurious, toxic, irritating or noxious fumes, gases,
dust, or mists are generated, a local exhaust ventilation system shall
be provided to remove the contaminating agent at the source. Air shall
be exhausted to the exterior and not be recirculated to any space.
(9)
Clothes dryer venting systems shall be independent of all other
systems and shall be vented in accordance with the manufacturer's
recommendations.
(b)
Dwelling units, hotel unit, housekeeping units, rooming units
and dormitory units shall be arranged to provide privacy and be separate
from other adjoining spaces.
(1)
Sleeping rooms shall not be used as the only means of access
to other sleeping rooms or habitable spaces except dwelling units
that contain fewer than two (2) bedrooms.
(2)
Every room occupied for sleeping purposes by one (1) occupant
shall contain at least seventy (70) square feet of floor area, and
every room occupied for sleeping purposes by more than one (1) person
shall contain at least fifty (50) square feet of floor area for each
occupant thereof. In no case shall any bedroom be occupied by more
than two (2) people for sleeping purposes.
(3)
Every bedroom shall have access to at least one (1) water closet
and one (1) lavatory without passing through another bedroom. Every
bedroom in a dwelling unit shall have access to at least one (1) water
closet and lavatory located in the same story as the bedroom or an
adjacent story.
(4)
Dwelling units shall not be occupied by more occupants than
permitted by the minimum occupancy areas requirements delineated below:
Minimum Occupancy Area Requirements
|
---|
Space
|
Minimum area in sq. ft. 1-2 occupants
|
Minimum area in sq. ft. 3-5 occupants
|
Minimum area in sq. ft. 6 or more
|
---|
Living room
|
No requirements
|
120
|
150
|
Dining Room
|
No requirements
|
80
|
100
|
Kitchen
|
50
|
50
|
60
|
Bedrooms
|
|
|
|
(5)
Combined living room and dining room spaces shall comply with
the requirements delineated above if the total area is equal to that
required for separate rooms and if the space is located so as to function
as a combination living room dining room.
(6)
Kitchens, nonhabitable spaces and interior public areas shall
not be used for sleeping areas.
(7)
Habitable spaces, hallways, corridors,
laundry areas, bathrooms, toilet rooms and habitable basement areas
shall have a clear ceiling height of not less than seven (7) feet.
The minimum headroom in all parts of the stairway shall not be less
than six feet, eight inches (6' 8") measured vertically from the sloped
plane adjoining the tread nosing or from the floor surface of the
landing or platform.
Exceptions:
[a]
In one- and two-family dwellings, beams or girders spaced not
less than four (4) feet on center and projecting not more than six
(6) inches below the required ceiling height.
[b]
Rooms used exclusively for sleeping, study, or similar uses
and having a sloped ceiling over all or part of the room, with a clear
ceiling height of at least seven (7) feet over not less than one-third
(1/3) of the required minimum floor area. In calculating the floor
area of such rooms, only those portions of the floor areas with a
clear height of five (5) feet or more shall be included.
[c]
Basement rooms in one- and two-family dwellings used exclusively
for laundry, study, or recreation purposes having a ceiling height
of not less than six feet eight inches (6' 8") with not less than
six feet four inches (6' 4") of clear height under beams, girders,
ducts, and similar obstructions.
(8)
A habitable room, other than a kitchen, shall not be less than
seven (7) feet in any plan dimension. Kitchens shall have a clear
passageway of not less than three (3) feet between counter fronts
and appliances or counter fronts and walls.
(9)
All spaces to be used for food preparation shall contain suitable
space and equipment to store, prepare and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary
storage.
[Ord. #05-46 § 5; Ord. #07-13; Ord. #08-33 §§ 1,2;
Ord. #08-104]
a. The necessary application form shall be available from and returned
to the Housing Bureau Office.
b. Inspection. The Chief Housing Inspector or his designee shall conduct
an inspection of all rental units within the Township of Woodbridge,
(the "Rental Housing Compliance Inspection"). Subsequent to the initial
inspection, inspections shall be conducted on a reoccurring basis
as follows (i) in the case of rental units which are part of any building,
structure and land appurtenant thereto consisting of nine (9) units
or less, on an annual basis except for two (2) family owner-occupied
homes which shall be inspected every third year; or (ii) in the case
of rental units which are part of any building, structure and land
appurtenant thereto consisting of greater than nine (9) units, every
two (2) years from the initial inspection described herein, and at
such other times as may be required by State law.
Inspections of buildings, structures and lands appurtenant thereto containing greater than nine (9) units shall be inspected as follows: (1) the Chief Housing Inspector or his designee shall select a ten (10%) percent sampling, at random, of units to be inspected; (2) if five (5%) percent or more of the units inspected reveal major violations as defined below then all units in the entire complex will be inspected. If less than five (5%) percent of the inspected units reveal major violations no further Rental Housing Compliance Inspections shall be conducted until the next inspection cycle, unless required by Subsection
17-9.5c, New Tenant, herein.
Major violations for the purpose of this section shall mean
the existence of one (1) or more of the following conditions at the
building or structure:
1. Roof/chimney in disrepair;
2. Any sink in non-working order;
3. Any bathtub in non-working order;
4. Any toilet in non-working order;
5. Any sink, lavatory, bathtub or shower not connected to hot and cold
water;
6. Any insect or rodent infestation;
8. Existence of illegal habitable area;
9. Accumulated minor violations which in total equal a substantial impediment
to habitability;
10. Identical or similar minor violations which reoccur throughout a
substantial portion of the units inspected;
11. Such other conditions which the Chief Housing Inspector or his designee
determines creates a substantial implement to habitability.
All other violations shall be deemed minor violations.
c. New Tenant. In addition to the above-required inspection, the owner/landlord
shall submit a completed application and all required fees to the
Housing Bureau not less than ten (10) business days prior to the date
that a change in tenancy is anticipated to occur in the dwelling (a
"new tenant application").
d. The Chief Housing Inspector or his designee shall inspect the building interior, exterior and outside premises to ensure that the dwelling complies with the standards incorporated in Subsection
17-9.4 of this section.
e. Within ten (10) business days of receipt of a new tenant application,
the Chief Housing Inspector or his designee shall issue either a Certificate
of Continued Rental Housing Compliance, a Conditional Certificate
of Continued Rental Housing Compliance, or a denial of rental housing
compliance in accordance with the following:
1. If the dwelling complies with the above-referenced codes and regulations,
the Chief Housing Inspector or his designee shall issue a Certificate
of Continued Rental Housing Compliance approving the unit for occupancy.
2. If the dwelling fails to comply with all of the above-referenced
codes and regulations but none of the violations are determined to
require the immediate removal of all occupants, in accordance with
applicable laws, rules and regulations; the Chief Housing Inspector
or his designee shall issue a Conditional Certificate of Continued
Rental Housing Compliance which allows the tenant/new tenant to occupy
the unit prior to repairs being completed. The Conditional Certificate
of Continued Rental Housing Compliance shall include a list of all
necessary repairs and shall provide that the repairs be completed
within thirty (30) days.
3. If the owner/landlord fails to make the required repairs within the
allotted time the Chief Housing Inspector or his designee shall deny
the application, in which event the unit shall not be occupied until
all required repairs are completed and approved.
f. If a Conditional Certificate of Continued Rental Housing Compliance
or a denial of Rental Housing Compliance is issued, the owner/landlord
shall perform the required work and obtain all necessary inspections
for the Housing Bureau prior to requesting a reinspection.
g. If the inspection was scheduled in advance, as required by this section, and the required inspection is not conducted on or before the move in date, then the new tenant shall be permitted to occupy the unit without it being deemed a violation of Subsection
17-9.3 of this section. However, nothing herein shall be interpreted to prevent the Township from conducting the inspection at a later time, nor prohibit the removal of tenants.
[Ord. #05-46 § 6; Ord. #08-33]
All fees shall be paid prior to the inspection being performed
in accordance with the following:
a. Rental Housing Compliance Inspection Fee.
1. Buildings, structures, and lands appurtenant thereto containing greater
than nine units: $50.00 per unit;
2. Building, structures, and lands appurtenant thereto containing 1-9
units: $50.00 per unit for the first unit and $25.00 for each additional
unit.
b. Continued Rental Housing Compliance Inspection: $50.00 (per unit).
c. Reinspection fee for denials—Initial reinspection: no charge;
additional reinspection fees: $50.00 (per unit).
[Ord. #05-46 § 7; Ord. #07-13]
a. Every owner of any building or structure, shall, by October 31, 2005,
or in the case of single-family homes, within sixty (60) days of this
subsection becoming effective, file with the Housing Bureau a written
registration statement. The registration statement shall contain the
following information on a form to be provided by the Township of
Woodbridge:
1. The address of the property.
2. The names and addresses of the owners in title of the property.
3. If the record owner is a corporation, that name of the registered
agent that will accept all legal notices on behalf of the corporation.
4. If the owner is an entity other than an individual (i.e., a corporation,
company, LLC, trade name, partnership, trust, condominium association
or other legal entity), the name and address of each partner, owner
or person having a beneficial interest. In any event, with regard
to corporate ownership, the registry shall disclose the name and address
of any stockholder who owns, either directly or beneficially, ten
(10%) percent of the stock of the corporation.
5. The name, address and telephone number of the managing agent of the
premises, if any.
6. The name, address and telephone number of an individual representative
of the record owner or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
property, or any unit or dwelling or commercial space therein, and
who has the authority to make emergency decisions concerning the building
or property and any repair thereto or expenditure in connection therewith.
7. The number of dwelling units by unit type.
8. The number of persons authorized to reside at the rental unit either
pursuant to lease or as agreed to between the landlord and tenant.
b. Any changes in the information listed in Subsection
17-9.7a must be reported via an amended registration statement within twenty (20) days, and the amended statement posted and distributed to tenants within seven (7) days of filing.
c. The initial registration for all buildings shall also be accompanied
by a floor plan and the square footage for each unit type to be used
by the Township in establishing maximum occupancy limits for each
unit type.
[Ord. #05-46 § 8]
All departments that come into contact with rental units, and
suspect that any violation exists, shall contact the Chief Housing
Inspector.
[Ord. #97-20 § 1; Ord. #07-13]
a. The Chief Housing Inspector, or his designee, shall inspect any rental unit if there is reason to believe that occupancy therein exceeds, or violates the requirements of Subsection
17-9.4.
b. If the owner is unable to obtain the tenant's consent to such inspection
then he or she shall execute a certification certifying that the owner
is unable to gain access through the consent of the tenant and that,
to the best of the owner's knowledge, the occupancy rate in the non-owner
occupied single-family home in question does not exceed the occupancy
limitations set forth in the BOCA Code. The certification shall indicate
the number of inhabitants that resident within the non-owner occupied
single-family home and shall also be signed by the tenant. The certification
shall be kept on file with the Bureau of Housing.
c. If, after the filing of the certification set forth in Subsection
b herein, there continues to be reason to believe that occupancy exceeds the limitations set forth in the BOCA Code, then the Bureau of Housing may apply to a court of competent jurisdiction for a search warrant for the purposes of inspecting the non-owner occupied single-family home in order to ensure compliance with this Article and the BOCA Code.
[Ord. #05-46 § 9; Ord. #07-13]
a. Any rental unit that is found to be in violation of this section
shall subject the lessor, sublessor or owner to a fine and penalty
in accordance with the following:
1. A fine of two thousand ($2,000.00) dollars or such other amount as
is permissible pursuant to N.J.S.A. 40:49-5, as amended from time
to time;
2. Additionally, the court may impose: (i) a period of imprisonment
as determined by the court not to exceed ninety (90) days; and/or
(ii) a period of community services not exceeding ninety (90) days;
3. A person convicted of violating this section within one (1) year of the date of the previous violation, who was fined for said previous violation shall be sentenced by the court to an additional fine not exceeding the amount set forth in Subsection
a1 hereof, as a repeat offender. The additional fine to be calculated separately from the fine imposed for the violation of this section.
4. The court shall in all respects comply with the provisions of N.J.S.A.
40:49-5.
5. Each day on which the owner, lessor or sublessor is not in compliance with any provision of this Chapter
17 of the Municipal Code shall constitute a separate violation.
6. In addition to all fines set forth above the landlord/owner shall
not be issued a Certificate of Rental Housing Compliance for the rental
unit at which the offense occurred for a period of one (1) year for
the third and each subsequent violation of this section.
b. In accordance with applicable State law and/or fines as set forth
above, the Chief Housing Inspector or his designee shall upon a determination
that there exists a condition that threatens the safety or welfare
of the occupants, shall remove said occupants from the rental unit,
in which event the owner, lessor or sublessor shall be responsible
for all costs.
c. In the event any inspection pursuant to this section results in a
determination that allowing the occupant to remain in the rental unit
poses a threat to their health, safety or welfare, the Chief Housing
Inspector or his designee shall remove the occupant in which event
all costs and expenses including but not limited to the costs of relocating
and providing alternative housing for thirty (30) days of the displaced
tenants or sub-tenants, shall be borne by the owner/lessor, or tenant/sub-lessor,
in accordance with applicable State law and in the case of a violation
by the owner shall be a lien on the property at which the violation
occurred.
[Ord. #07-13]
No owner, agent, or any person shall sell or in any way deliver
up for use, change of use or occupancy any building except new construction
where a Certificate of Occupancy has been issued until a Certificate
of Compliance has been issued by the Chief Housing Inspector.
[Ord. #07-13]
Certificate of Compliance shall only be issued upon inspection
of the property and finding that:
a. The visible parts of the property, buildings and structures have
been inspected by the Chief Housing Inspector and that no visible
violations of the Property Maintenance Code and Housing Code exist,
and
b. The use(s) comply with the Zoning or are valid preexisting nonconforming
uses as determined by the Zoning Officer or Board of Adjustment, or
the seller has obtained a variance.
c. The seller has certified in writing that he has not built over any
easements,
d. No illegal conversions have occurred.
e. No visible safety hazards exist.
[Ord. #07-13]
a. No Certificate of Compliance shall be issued without the Township
being provided the name of the buyers of the building.
b. It shall be unlawful for the owner of any building who has received
a notice of violation or upon whom a notice of violation or summons
has been served to sell, transfer, or otherwise dispose of a building
until the provisions of the compliance order or notice of violation
have been complied with, or the seller has furnished to the Chief
Housing Inspector a signed and notarized statement from the grantee
acknowledging the receipt of such compliance order or notice of violation
and fully accepting the responsibility without condition for making
the corrections or repairs required by such compliance order or notice
of violation, within the time specified therein.
[Ord. #07-13]
The Certificate of Compliance shall indicate:
b. The occupancy limitations.
c. Compliance with Subsection
17-5.3 (smoke, carbon monoxide and fire extinguishers) .
d. The name(s) of the seller and buyer.
e. There are no pending violation of municipal ordinances.
Any use of the property in question or occupancy limitation
violations that takes place on the property, that is not specifically
authorized by the Certificate that is in effect at the time, shall
be deemed an illegal occupancy which is a violation of this section
and shall be subject to an immediate summons.
[Ord. #07-13]
The fee for a Certificate of Compliance shall be as follows:
Residential single-family dwelling:
|
$50 per dwelling unit
|
Residential two (2)-family or multi-family dwelling:
|
$50 for the first dwelling unit plus $25 per additional dwelling
unit
|
Rooming or boarding house:
|
$50 for the dwelling unit plus $10 per rooming/ boarding unit
|
Commercial, retail and industrial:
|
$100 per unit.
|
The above fees include the cost of the initial inspection plus
one (1) reinspection. Additional reinspections, whether due to noncompliance
or inability to gain access for a scheduled reinspection, will be
charged fifty ($50.00) dollars per reinspection visit. The cost for
all inspections relating to the issuance of a Certificate of Compliance
shall be paid in full no less than twenty-four (24) hours prior to
the scheduled reinspection.
[Ord. #07-13]
A temporary Certificate of Compliance will only be considered
when upon written request setting forth the reason for the request
and a time schedule setting forth the unfinished items and when they
will be completed, and then only if all fire or other safety issues
are found to be in compliance, and there are no pending violations.
[Ord. #08-105]
a. DISPLACED TENANT — Shall mean any tenant who receives a notice
of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning
or code enforcement activity for an illegal occupancy.
b. LANDLORD — Shall mean the person or entity from whom a person
secures the right to occupy a dwelling or portion of a dwelling; for
the purposes of the section, landlord shall include the owner of the
dwelling place and any person or entity who permits another person
or entity to occupy a dwelling or portion of a dwelling whether or
not a written lease or sublease agreement exists.
[Ord. #08-105]
a. Any displaced tenant shall be entitled to relocation assistance in
an amount equal to six (6) times the monthly rental, or if rent is
paid weekly then twenty-six (26) times the weekly rental paid by the
displaced tenant.
b. The landlord shall be liable for the payment of relocation assistance
pursuant to this section.
c. The full amount of relocation assistance to be paid to the displaced
tenant shall be paid at the time landlord serves the displaced tenant
with a Notice of Eviction.
[Ord. #08-105]
There is hereby established a revolving relocation fund (the
"Relocation Fund"), into which the following sums, less any money
required to be repaid to the State of New Jersey, shall be deposited:
a. Any relocation costs and interest thereon paid by an owner of real
property who has been liable for a civil or criminal penalty in the
case of any displacement of persons by Housing or Construction Code
enforcement pursuant to N.J.S.A. 20:4-4.1.
b. Any sum realized by the Township upon enforcement of liens or liquidation
of any property acquired by virtue of enforcement pursuant to N.J.S.A.
20:4-4.1.
c. Any sums realized by the Township relating to any relocation cost
and interest thereon upon enforcement or liquidation of any property
acquired by virtue of enforcement and collected pursuant to N.J.S.A.
20:4-4.2.
[Ord. #08-105]
a. The Township may provide any displaced tenant with relocation assistance from the Relocation Fund, upon proof by the displaced tenant that the landlord has not paid the required relocation assistance pursuant to Subsection
17-11.2.
Upon establishing displacement and non-payment by the landlord
of required relocation assistance, the displaced tenant's request
for relocation assistance shall be forwarded to the Relocation Assistance
Determination Committee (the "RADC"). The RADC shall consist of the
Business Administrator, the Director of Planning and the Municipal
Counselor, or such substitutes as appointed by the Mayor or his designee,
from time to time.
In determining whether to grant a displaced tenant relocation
assistance, the RADC shall consider the following:
1. The availability of relocation funds.
2. The availability of substantially equivalent replacement housing.
3. Any special conditions affecting the displaced tenant in connection
with housing.
4. The financial where-with-all of the displaced tenant.
5. Such other facts and consideration as may be deduced at the time
of the displaced tenant's request.
b. Any and all relocation assistance and costs incurred by the Township
pursuant to this section shall be repaid by the landlord, or if the
landlord is a corporation then by the directors, officers and each
shareholder who controls more than five (5%) percent off the total
voting shares of the corporation, jointly and severally; in the same
manner in as relocation costs are billed and collected under N.J.S.A.
20:4-4.1 and N.J.S.A. 20:4-4.2.
c. Any repayment by landlords made pursuant to this section shall be
deposited in the Relocation Fund.
[Ord. #08-105]
a. In addition to requiring reimbursement from the landlord for relocation
assistance paid by the Township to a displaced tenant, the landlord
shall be required to pay an additional fine for zoning or housing
violations for an illegal occupancy in an amount equal to six (6)
times the monthly rental paid by the displaced tenant.
b. In addition to the penalty described in Subsection
a above, in the case of a second or subsequent offense for an illegal occupancy upon a hearing on the matter, the Township may impose upon the landlord a fine equal to the annual tuition cost of any displaced tenant from the illegally occupied dwelling attending a public school.
1. Any such fine hereunder, shall be recovered in a civil action by
a summary proceeding in the name of the Township, pursuant to N.J.S.A.
2A:58-10 et seq.
2. The Superior Court and Municipal Court shall have jurisdiction of
proceedings for the enforcement of the penalty provided by this section.
3. The tuition cost shall be determined in the manner prescribed for
nonresident pupils pursuant to N.J.S.A. 18A:38-19 and the payment
of the fine shall be remitted to the appropriate school district.
4. For the purposes of this section, a second violation for an illegal
occupancy shall be limited to those violations that are new and are
a result of distinct and separate zoning or code enforcement activities,
and shall not include any continuing violations for which citations
are issued by a Zoning or Code Enforcement Agent during the time period
required for summary dispossession proceedings to conclude if the
landlord has properly initiated eviction proceedings.
[Ord. #09-04]
CPTED
Shall mean a program developed by the Woodbridge Township
Police Department, to assist owners and managers of multi-family dwellings
who wish to provide better safety conditions for their tenants, lower
maintenance and repair costs, combat crime and provide for a more
stable tenant base; known as Crime Prevention Through Environmental
Design ("CPTED") as modified from time to time.
DWELLING UNITS
For the purpose of this section shall mean a building or
portion of any building designed, arranged or used for permanent living
quarters for one (1) or more persons living as a single housekeeping
unit with cooking and bathroom facilities, but excluding hotels, motels
or other buildings for transient quarters.
MULTI-FAMILY DWELLING
For the purposes of this section shall mean any building,
structure, or group of buildings, and the land appurtenant thereto
containing ten (10) or more dwelling units rented or offered to ten
(10) or more tenants, excepting motels and hotels unless the units
rented in the motel or hotel shall contain ten (10) or more units
having eating and cooking facilities.
OWNER
Shall mean the owner of the dwelling or multi-family dwelling
units or its full time staff representative responsible for overseeing
the design of the owner's dwelling or multi-family dwelling.
[Ord. #09-04]
a. All owners of dwelling units being rented for residential purposes
shall attend a CPTED training seminar.
1. Owners shall attend CPTED training prior to being issued a Certificate
of Occupancy ("CO") or Continued Certificate of Occupancy ("CCO").
2. In the event a CPTED training course is not available prior to obtaining
a CO or CCO, a conditional CPTED certificate may be issued to permit
the owner to obtain CO or CCO, or to allow tenants to occupy the premises.
b. The CPTED Program shall be administered by a CPTED Coordinator designated
by the Chief of Police.
[Ord. #09-04]
All owners prior to renting a dwelling unit for residential
purposes shall obtain a CPTED Certificate issued by the CPTED Coordinator.
[Ord. #09-04]
In order to obtain a CPTED Certificate, owners shall:
a. Attend and successfully complete a CPTED training seminar administered
by the CPTED Coordinator or his designee; and
b. Submit for review, modification and approval by the CPTED Coordinator,
the unit design, complex design (if applicable) landscape features
and unit protection measures, which shall at a minimum include:
1. Single cylinder deadbolt locks installed in each entry door for each
dwelling unit.
2. High security strike plate with 3-inch screws installed in each entry
door for each dwelling unit.
3. Door Viewer—one hundred eighty (180°) degree peephole installed
in primary entry door for each dwelling unit.
4. Anti-lift/slide device installed on all windows and sliding glass
doors.
5. Security lighting adequate to illuminate exterior grounds.
6. Landscaping in a manner that provides for visual sight lines.
7. Visible address numbering installed; and
c. Agree to at least once every twelve (12) months make available, in
cooperation with the Woodbridge Police Department training for tenants
with respect to the following:
1. The CPTED Program together with the concept of partnership and shared
responsibility.
2. Crime concerns and prevention awareness techniques.
3. The advantages and application of neighborhood watch programs;
d. Background checks for all potential tenants; and
e. Include, implement, and enforce as part of the lease for the dwelling
unit a CPTED Lease Addendum provided by the Township.
[Ord. #09-04]
Every dwelling unit owner shall attend a retraining seminar
annually; at such dates and times as the CPTED Coordinator shall determine,
upon written notice to owners.
[Ord. #09-04]
a. All owners of dwelling units currently leased shall comply with the terms of Subsection
17-12.4 within ninety (90) days of the date of the adoption of the section.
b. Owners who acquire additional dwelling units shall bring the newly acquired dwelling units into CPTED compliance by satisfying the requirements of Subsection
17-12.4 within ninety (90) days of acquiring title to the dwelling units.
[Ord. #09-04]
In the event a CPTED seminar is not available prior to a tenant
taking occupancy of a dwelling unit, the CPTED Coordinator may issue
a conditional CPTED Certificate subject to the owner complying with
the obligation of this section not later than the next CPTED seminar
available.
The CPTED Coordinator shall provide at no cost to owners, samples
of a Crime Free Lease Addendum and may review any clauses within actual
leases with the Township legal department to determine if the clause
is sufficiently similar to the Crime Free Lease Addendum.
[Ord. #09-04]
Any owner who fails to maintain compliance with the CPTED certification
requirements contained herein shall be subject to the revocation of
its CPTED certification by the CPTED Coordinator. The owner may request
a hearing prior to the proposal revocation by notifying the CPTED
Coordinator within fifteen (15) days of the date of the Revocation
Notice by CPTED Coordinator to the owner.
[Ord. #09-04]
Upon obtaining a CPTED Certificate the Township upon the owner's
request shall provide the owner's insurance company with proof of
the successful measures undertaken by the owner to create a safer
more secure property.
[Ord. No. 09-04]
The Woodbridge Township Planning Board, the Woodridge Township
Zoning Board of Adjustment and the Woodbridge Redevelopment Agency
shall require any developers of multi-family dwellings to attend CPTED
training, and to implement recommendations of the Woodbridge Police
Department resulting from a review of the plans for the proposed multi-family
dwellings.
[Ord. #2016-03]
There is hereby established a "Notice to Tenants of Quality
of Life Responsibilities (the "Notice") which any and all landlords
shall provide to all tenants of dwelling units at the commencement
of the tenancy or in the case of existing tenancies, within thirty
(30) days of receipt of the Notice from the Township. Additionally,
landlords shall post the Notice in a conspicuous location near the
front door entrance; and
a. Amendments. The Director of Planning and Development (the "Director")
shall maintain said Notice and is hereby authorized to amend said
Notice as the Director deems necessary and appropriate from time to
time; and
b. Notice. The initial Notice may be found at the end of this section.
c. Director to Provide Copies of Notice to Landlords. The Director shall
provide copies of the Notice to all registered landlords, and/or the
owner of all approved units and shall thereafter maintain the Notice
on the Township's website; and
NOTICE TO TENANTS OF QUALITY OF LIFE RESPONSIBILITIES
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Making Woodbridge Township a great place to live is done through
the cooperation of everyone.
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1.
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Garbage Collection: The Woodbridge Township Sanitation
Department provides once a week pick up of trash and recyclables.
Please refer to the Township's Recycling Calendar for day of week
your trash and recycling is picked. You can also log on to the Township's
website www.twp.woodbridge.nj.us. Please place your cart at the curb
after 4:00 p.m. the day before your collection and remove your cart
from the curb by 9:00 p.m. the day of your collection. Township residents
can take large items to the Department of Public Works at 225 Smith
Street, Keasbey, NJ 08832 without charge (Driver's License showing
residency is required.). Call the Sanitation Department at 732-738-1311
for more information on days and times of operation. Summons can be
issued for those who "dump at the curb," making our town less appealing.
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2.
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Noise Ordinances: From 10:00 p.m. to 7:00 a.m.,
loud noise is not permitted.
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3.
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Pets: Dogs and cats are both required to be licensed
and leashed at all times and cleaned up after. Feeding feral cats
is not allowed. Free rabies shots are given at the Health Department
during the year. Stray animals can be picked up by calling Animal
Control through the Health Department at 732-855-0600.
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4.
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Vehicles: Unlicensed and uninsured vehicles are
not permitted to be parked on streets or stored on residential property
anywhere in the Township.
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5.
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Permit Parking. In certain areas parking is restricted
to residents and visitors. These areas are marked with signs. Permits
for residents and visitors in certain areas are available through
the Clerk's Office. Clerk's Office phone number is 732-634-4500, ext.
6007.
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6.
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Property Work Permits: Certain interior and exterior
work performed on housing units requires permits and inspections.
This is to protect homeowners and tenants from being taken advantage
of by unlicensed contractors and insure the house is up to construction
codes and safe. The number to call for information is 732-602-6003.
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7.
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Speed Limits: Residential and School Zones have
specific speed limits with the norm being 25 MPH, but pedestrians
always have the right of way. Motorists need to be cautious especially
when school children are present. Crossing guards must always be obeyed
to control traffic and protect against injuries.
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8.
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Property Maintenance: Property must be maintained
at all times. Grass cutting and proper disposal is expected and required.
Snow and ice removal is expected within 24 hours after the snow event
ends.
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9.
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Available Programs: For information on predominantly
free Township programs, please log on to www.twp.woodbridge.nj.us.
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[Added 10-22-2024 by Ord. No. 2024-71]
In addition to the Rental Housing Compliance Inspection as set
forth within this chapter, 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. 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.
[Added 10-22-2024 by Ord. No. 2024-71]
a. Inspections.
1. General
inspection. The owner, landlord and/or agent of every rental dwelling
unit offered for rental shall be required to have an inspection of
the facility done by the housing/multiple dwelling state inspection
officer prior to the rental thereof. The housing/multiple dwelling
state inspection officer shall inspect every rental dwelling unit
prior to any occupancy or re-occupancy of the dwelling.
2. Lead-based paint inspection. The owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling units 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. Property owners who claim to be exempt pursuant to §
17-14.1 shall provide written evidence to support the exemption.
b. Notice.
Whenever any rental dwelling is scheduled for a change in occupancy,
the then-current owner shall provide written notice to the Housing
Bureau that an inspection is needed at least twenty (20) days prior
to the scheduled change.
c. Time
for inspections. All inspections and re-inspections shall take place
within ten (10) working days of the requested inspection. Inspection
fees shall be paid prior to the inspection. No inspections or re-inspections
shall take place unless all fees are paid. Scheduled inspections or
re-inspections may be canceled by the Township unless the completed
application and required fees have been received by the Township at
least twenty-four (24) hours prior to the scheduled inspection or
on the last working day prior to the scheduled inspection. Every inspection
where the landlord, tenant, owner or agent has failed to provide access
for inspection shall be deemed a failed inspection.
d. Fees
for inspection. Inspections on rental properties built before 1978
will include the visual lead assessment inspection fee of two hundred
($200.00) dollars as well as the Rental Dwelling Unit Inspection Fee.
For properties with multiple rental units, the visual lead assessment
inspection fee shall be two hundred ($200.00) dollars for the first
unit and one hundred ($100.00) dollars for each additional rental
unit. 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 no additional
lead-based paint inspections fee shall be paid. Pursuant to the Lead
Hazard Assistance Control Act, in addition to the fees referenced
herein, there shall be an additional fee of twenty ($20) dollars per
unit inspected, including those inspected by a private lead evaluation
contractor.