[Amended by Resolution 9-27-94]
DWELLING UNIT
Any dwelling unit or residential unit in a building or structure
or complex of five or more units, irrespective of ownership, including,
but not limited to, apartment complexes and garden apartments, presently
used or used hereafter for habitation by persons, regardless of whether
the unit is to be occupied by an owner, tenant or occupied for any
other basis. Condominiums and cooperative housing units are not a
"dwelling unit" for the purposes of this chapter.
[Amended 10-22-96 by Ord. No. 96-32]
PERSON
Includes individuals, corporations, companies, associations,
societies, firms, partnerships, groups of persons or any representative,
servant or employee of the aforementioned, or any combination thereof.
It is the purpose of this chapter to establish a procedure for
the inspection of certain dwelling units within the Town of Secaucus
to insure that such units are suitable for occupancy in that the same
does not have any health, building, or other violations; and provide
for the procedure and criteria for the issuance of certificates of
habitability for such dwelling units whereby no such dwelling unit
may be occupied until certificates of habitability have been issued
pursuant to the provisions of this chapter.
The Construction Official or Inspection Official or their designee,
as approved by the Mayor and Council, shall be the person(s) who has
the duty to enforce this chapter.
Any property owner seeking to appeal a decision or denial of
a certificate of habitability respecting a certificate of habitability
to a dwelling unit owned by such person may do so by filing a written
notice appealing such decision to the Mayor and Council of the Town
of Secaucus. The Mayor and Council shall schedule a hearing within
10 days with respect to the decision or denial and issue its decision
within seven days subject hearing. The Mayor and Council may affirm
or reverse the said decision or denial of the certificate of habitability
or require a new inspection to be made in accordance with the terms
and provisions that the Mayor and Council may announce.
This chapter shall not be applicable to:
A. New construction for which inspection and a certificate of habitability
is required pursuant to the Uniform Construction Code;
B. Hotels and motels who are licensed by the New Jersey Department of
Community Affairs and are generally occupied by guests or persons
for less than 30 successive days.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000 or by imprisonment for a term of not
to exceed 90 days, or by both. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.