Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 05-14, § I]
A State Uniform Construction Code was enacted by the legislature and the Governor of the State of New Jersey, with an effective date of February 4, 1976; a copy of this code is on file in the office of the Township Clerk and of the construction official and is available to the public for use and examination during regular business hours.
[1971 Code § 28-1; Ord. 1-3-77, § 1; Ord. No. 03-39, § IV; Ord. No. 05-14, § I]
a. 
There is hereby established in the Township a State Uniform Construction Code enforcing agency to be known as Millstone Township Enforcement Agency consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and other such 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 P.L. 1975, C. 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an onsite inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such position.
c. 
The public shall have the right to do business with the enforcing agency at one office location except for emergencies and unforeseen or unavoidable circumstances.
d. 
The Millstone Township Enforcement Agency shall be located on 470 Stagecoach Road, Millstone Township, Monmouth County, New Jersey.
[1971 Code § 28-2; Ord. 1-3-77, § 2; Ord. No. 05-14, § I]
Appeals shall be heard by the County Board of Construction Appeals.
[New; Ord. No. 99-12, § I; Ord. No. 05-14, § I]
See Section 5-14 of Chapter 5.
[Ord. No. 99-31, § II; Ord. No. 05-14, § I]
Notwithstanding the provision of subsection 13-1.5, the following provisions shall determine circumstances for the waiver of construction fees:
a. 
No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing private structure or any of the facilities contained therein.
b. 
A disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his or her own living unit.
c. 
Disabled person for purposes of this subsection shall be as defined in N.J.S.A. 52:27D-126e, as same may be amended from time to time.
[1971 Code § 28-3; Ord. 1-3-77, § 3; Ord. No. 84-10, § 1; Ord. No. 86-09, § 1; Ord. No. 89-20, § 1; Ord. No. 05-14, § I]
The Construction Official shall, with the advice of subcode officials, prepare and submit to the Mayor and Township Committee biannually, a report recommending a fee schedule based on the operating expenses of the Agency, and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
[1971 Code § 28-3; Ord. 1-3-77, § 3; Ord. No. 84-10, § 1; Ord. No. 86-09, § 1; Ord. No. 89-20, § 1; Ord. No. 05-14, § I]
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect, in addition to the fees specified, a surcharge fee based on the volume of new construction. See Section 5-14 of Chapter 5. The surcharge fee shall be remitted to the Bureau of Housing Inspection Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due.
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year.
[1971 Code § 28-4; Ord. 1-3-77, § 4; Ord. No. 05-14, § I]
The Construction Official shall prepare and submit to the Mayor and Township Committee biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[1971 Code § 34-2]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. Three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
[1971 Code § 34-1]
The Health Officer of the Township is hereby designated as the officer to exercise the powers prescribed by the within section, and he shall serve in such capacity without any additional salary.
[1971 Code § 34-3]
The Health Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Health Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Health Officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[1971 Code § 34-4; Ord. 4-28-71]
a. 
Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall:
1. 
Be put in writing.
2. 
Include a statement of the reasons why it is being issued.
3. 
Allow a reasonable time for the performance of any act it requires.
4. 
Be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally, or if a copy thereof is sent by registered mail or certified receipted mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this State.
Such notice may contain an outline or remedial action which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
b. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board of Health, provided such person shall file in the office of the Secretary of the Board of Health a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition the Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Board of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in its judgement, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Health Officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Health Officer sustains or modifies such notice, it shall be deemed to be an order.
c. 
Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Secretary of the Board of Health within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Board of Health, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Secretary of the Board of Health. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State.
d. 
Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Board of Health, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Health Officer shall continue such order in effect or modify it or revoke it.
[1971 Code § 34-5]
The Health Officer is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this section provided, however, that such rules and regulations shall not be in conflict with the provisions of this section nor in anywise alter, amend or supersede any of the provisions thereof. The Health Officer shall file a certified copy of all rules and regulations which he may adopt, in his office and in the office of the Township Clerk.
[1971 Code § 34-6]
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[1971 Code § 34-7]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5, and each violation of any of the provisions of this section, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[1]
Editor's Note: For requirements that taxes be paid prior to issuance of insurance payments for fire damages, see Section 2-40 of this code.
[1971 Code § 27-1; Ord. No. 87-17, § 1]
As used in this section:
BUILDING
Shall mean any building, structure or part thereof whether used for human habitation, occupancy, or use or otherwise, and appurtenances belonging thereto or usually enjoyed therewith, and shall include residential or commercial buildings and any garage, stable, outhouse or other outbuilding used or intended to be used in connection with the building.
OWNER
Shall mean the holder or holders of the title in fee simple to the building and/or the land on which it is located.
PARTIES IN INTEREST
Shall mean all individuals, associations or corporations who have interests of record in a building, and any who are in possession thereof.
PUBLIC AUTHORITY
Shall mean any officer in charge of any department or branch of the government of the Township relating to health, fire, building regulations or to other activities concerning buildings in the Township.
PUBLIC OFFICER
Shall mean the officer who is authorized hereby to exercise the powers prescribed herein and under the Statute of the State of New Jersey pursuant to the terms of which this section is adopted.
[1971 Code § 27-2; Ord. No. 87-17, § 1]
The Construction Official is hereby designated as the public officer to enforce this section and exercise all the powers conferred upon him hereby and by the act pursuant to which this section is passed.
[1971 Code § 27-3; Ord. No. 87-17, § 1]
Whenever a petition is filed with the Construction Official by a public authority or by at least five residents of the Township, charging that any dwelling is unfit for human habitation, or occupancy or use, or whenever it appears to the Construction Official (on his own motion) that any building is unfit for human habitation or occupancy or use, the Construction Official 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 a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Construction Official at a place therein fixed not less than seven days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in the hearing before the Construction Official.
[1971 Code § 27-4; Ord. No. 87-17, § 1]
If, after such notice and hearing, the Construction Official determines that the building under consideration is unfit for human habitation, occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
a. 
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
b. 
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.
[1971 Code § 27-5; Ord. No. 87-17, § 1]
If the owner fails to comply with any order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the Construction Official may cause such building to be repaired, altered or improved, or to be vacated and closed. When any such building shall be so ordered to be vacated and closed, the Construction Official may cause to be posted on the main entrance of the building a placard bearing the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
[1971 Code § 27-6; Ord. No. 87-17, § 1]
If the owner fails to comply with any order to remove or demolish the building, the Construction Official may cause such dwelling to be removed or demolished or the municipality may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
[1971 Code § 27-7; Ord. No. 87-17, § 1]
The amount of 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 municipality, and the cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, incurred by the Township or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such 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 Township, the Construction Official shall sell the materials of such 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. 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 exceeds such costs, the balance remaining shall be deposited in the Superior Court of New Jersey by the Construction Official, shall be secured in such manner as may be directed by such Court, and shall be disbursed by such Court to the persons found to be entitled thereto by final order or judgement of such Court. Any owner or party in interest may, within 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.
[1971 Code § 27-8; Ord. No. 87-17, § 1]
The Construction Official may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in or about such building which are dangerous or injurious to the health or safety of the occupants of or those who use such building, the occupants or users of neighboring buildings, lands or facilities or other residents or visitors of the area; such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities, lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects or uncleanliness.
[1971 Code § 27-9; Ord. No. 87-17, § 1]
Complaints or orders issued by the Construction Official pursuant to this section shall be served upon the owner and the parties in interest either personally or by registered mail, but if the whereabouts of such owner or persons or any of them is unknown and the same cannot be ascertained by the Construction Official in the exercise of reasonable diligence, and the Construction Official shall make an affidavit to the effect, then the serving of such complaint or order upon such owner and persons whose whereabouts are unknown, or such of them whose whereabouts are unknown, 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 printed and published in Monmouth County and circulated in the Township. The Construction Official shall post in a conspicuous place on the premises affected the complaint or order; a copy of said complaint and order shall be duly recorded or lodged for recording by the Construction Official with the Clerk of Monmouth County.
[Ord. No. 87-17, § 1]
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Construction Official may either proceed as outlined in this section or, after taking such measures as may be necessary to make such building temporarily safe, seek a judgement in summary proceedings for the demolition thereof.
[1971 Code § 27-10; Ord. No. 87-17, § 1]
The Construction Official may exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this section, including the following powers in addition to others herein granted:
a. 
To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation.
b. 
To administer oaths, affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations or investigations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
Subject to the consent of the Township Committee, to appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of the chapter.
e. 
To delegate any of his functions and powers under the chapter to such duly appointed officers and agents as he may designate, unless otherwise determined by the Township Committee.
[Ord. No. 87-17, § 1]
Nothing in this section shall be construed to abrogate or impair the powers of the courts or of any department of this municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
[1971 Code § 27-11; Ord. No. 87-17, § 1]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 87-9, § 26A-1]
This section shall be known as the "Building Numbering Regulations" of the Township of Millstone.
[Ord. No. 87-9, § 26A-2]
The purpose of this section is to require the clear display of authorized and assigned house or building numbers on every building in the Township in order to assist the general public and emergency services, public and private, in identifying any property in case of emergency or otherwise.
[Ord. No. 87-9, § 26A-3]
All dwelling houses, stores or other principal buildings erected or to be erected within the Township shall display house numbers assigned by the Township Engineer as provided for herein and in conformity with the specifications provided for herein.
[Ord. No. 87-9, § 26A-4]
The owner, occupant or lessee of each and every house, store or other building which now fronts or which may hereafter front upon any public or private street within the Township shall, at his own expense, within three months after the adoption and publication of this section cause the authorized and assigned number of such house or building to be permanently and conspicuously placed in accordance with the specifications set forth herein.
[Ord. No. 87-9, § 26A-5; Ord. No. 91-14, § 1; Ord. No. 93-08, § I; Ord. No. 00-06, § I]
House or building numbers shall be:
a. 
In Arabic numerals.
b. 
A minimum height of three inches.
c. 
Mounted in a secure fashion to the front wall or porch of the building or other fixed appurtenance in the front of the building so as to be clearly visible from the street.
d. 
Sufficiently legible as to contrasting background, arrangement, spacing and uniformity so as to be clearly visible from the street both day and night. Reflective numbers are mandatory.
e. 
At least 30 inches above ground level and so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the street upon which the building fronts.
[Ord. No. 87-9, § 26A-6; Ord. No. 93-08, § I; Ord. No. 00-06, § I]
a. 
If the house or building has such a setback location of greater than 50 feet, that the provisions of subsection 14-4.5 cannot be complied with, then the owner, occupant or lessee shall provide a post-rod or other type of fixture of a substantial nature, including a mailbox with the number affixed thereon and so located at a point on the premises near where the driveway enters the street so that the numbers shall be conspicuous and visible 40 feet from both directions of the street upon which the building fronts.
b. 
If a mailbox is located across the street, it shall have the applicable house number located upon it at least once. A three inch property number shall be posted at the driveway entrance of the property as stated in paragraph a.
c. 
If a mailbox is remotely located on another street or clustered with several other mailboxes, then the number and street name shall be printed on the front of the box in one inch high letters or numbers, as appropriate, and a three inch high property number shall be posted at the driveway entrance as required in paragraph a.
[Ord. No. 87-9, § 26A-7]
House numbers shall be assigned by the Township Engineer. Every owner, occupant or lessee of a building constructed or to be constructed in the Township shall apply to the Township Engineer for an authorized number in accordance with this section.
[Ord. No. 89-10, § 1]
No Certificate of Occupancy, or Continued Certificate of Occupancy, if required, shall be issued by the Construction Official or anyone in his Department for the occupancy of any building hereinafter erected, enlarged or transferred unless the provisions of this section have been complied with.
[Ord. No. 87-9, § 26A-8]
Upon the failure of an owner, occupant or lessee to ascertain and affix upon any building to which this section applies the assigned and authorized number within three months after the final adoption and publication of this section, it shall be lawful for the Township Committee to cause to be affixed to such building or appurtenance provided for herein the assigned and authorized number by an authorized agent of the Township. Such agent shall execute a return to the Township Committee of the cost of so affixing the number, and the Collector of Taxes, upon certification, shall charge the same to the owner of the building and collect the cost in the same manner as all taxes are collected, and such cost shall be a lien upon the land.
[Ord. No. 89-10, § 1; Ord. No. 93-08, § III; Ord. No. 05-19, § I]
a. 
The Code Enforcement Officer or the 911 Coordinator may issue warnings or summonses for any violation of this section as follows:
1. 
For the first violation, a warning shall issue.
2. 
For the second violation, each such violation shall subject the violator to a minimum $100 fine.
3. 
For the third violation and for each such violation thereafter, each such violation shall subject the violator to a minimum $250 fine up to $1,000.
b. 
The imposition and collection of the penalty imposed by paragraph a of this subsection shall not bar the right of the Township to collect the costs described in subsection 14-4.9.
[Ord. No. 89-13, § 27B-1]
This section shall be known as the "Certificate of Inspection Regulations" of the Township of Millstone.
[Ord. No. 89-13, § 27B-2]
As used in this section:
RESIDENTIAL STRUCTURE
Shall mean any structure which is inhabited, or a structure in which a person or persons dwells, lodges and/or sleeps in, including, but not limited to, houses, mobile homes, motels, hotels, boarding homes, nursing homes and other types of residential care facilities.
[Ord. No. 89-13, § 27B-3; Ord. No. 12-09]
No owner or agent of an owner of any residential structure shall sell, transfer, convey, rent, lease, sublease, license, assign or otherwise permit occupancy of a residential structure or any part thereof unless such person or entity shall first obtain and possess at the time of such transaction a valid Certificate of Inspection from the Construction Official.
[Ord. No. 89-13, § 27B-4]
The following application procedure shall apply:
a. 
Application for a Certificate of Inspection shall be made to the Construction Official on such forms as shall be formulated and supplied by the Building Department.
b. 
A fee as stated in Section 5-14 shall be submitted with the completed application form. If reinspections of the premises are required, the fee stated in Section 5-14 shall be prepaid to the Township for each such reinspection.
c. 
The Construction Official shall immediately forward a copy of the application to the Health Officer if the residential structure is serviced by a well or by a septic system.
[Ord. No. 89-13, § 27B-5]
The following inspections shall be conducted:
a. 
Structure. The Construction Official or his/her designee shall inspect the premises to determine if it appears that there are any violations of any applicable ordinances of the Township relating to health, safety and welfare. Such inspection may, but need not entail more than a visual inspection to determine the existence of any such violations.
b. 
Water Supply. The Health Officer or his/her designee shall perform, or cause to be performed such tests and inspections as deemed necessary to make a determination if the water supply to the residential structure is of adequate quantity for the intended use, safe and potable. The Health Officer may, in his/her discretion, as an alternative to the foregoing, require the applicant to supply a Certificate of Approval from a recognized laboratory. The Health Officer shall immediately notify the Construction Official of the results of such tests and/or inspections.
c. 
Septic Systems. The applicant shall provide proof:
1. 
That the septic system has been emptied within the last three years or that the system is less than five years old; and
2. 
That the system's design provides adequate capacity and is suitable for the intended use under Chapter 199, P.L. 1954 (Standards for Construction of Individual Subsurface Sewage Disposal Systems), as amended and supplemented.
If after reviewing the foregoing and making such inspections as the Health Officer deems necessary to determine that there is no visual evidence of system malfunction, the Health Officer determines that the system is adequate for the intended use, he/she shall so notify the Construction Official. If the determination is that the system is inadequate or otherwise defective, the Health Officer shall, in writing, notify the Construction Official with his/her factual findings concerning the deficiencies or inadequacies.
[Ord. No. 89-13, § 27B-6]
Within 10 days of receipt of a complete application and fee, the Construction Official shall:
a. 
Issue a Certificate of Inspection; or
b. 
Notify the applicant in writing as to what specific additional information may be reasonably required to make a determination; or
c. 
Deny issuance of the Certificate of Inspection, in writing, specifying each and every violation found which must be corrected prior to issuance of the Certificate of Inspection.
[Ord. No. 89-13, § 27B-10; Ord. No. 11-16]
A Certificate of Inspection issued hereunder shall be valid for a period not to exceed 60 days from the date of issuance. The Construction Official may, for good cause shown, extend the duration of the Certificate of Inspection for an additional period(s) for up to an additional 120 days, for a total duration not to exceed 180 days from date of issuance.
[Ord. No. 89-13, § 27B-11]
Issuance of a Certificate of Inspection by the Township shall not serve as a warrant of habitability, safety, potability or adequacy of water supply, nor adequacy nor condition of septic system by the municipality to any purchaser, lessee or any other person or entity. Each such person or entity is encouraged to arrange for and cause any residential structure which is subject to any transaction encompassed by this section to be thoroughly inspected by an appropriate qualified professional or firm.
[Ord. No. 89-13, § 27B-7]
The Construction Official shall have the authority to, in his/her discretion, issue a temporary Certificate of Inspection if the deficiencies are minor, present no immediate danger to health, safety and/or welfare and, in the aggregate, will cost less than $250 to remedy. Any such temporary Certificate of Inspection shall have a maximum duration of 30 days and may, for good cause shown to the Construction Official, be extended for a maximum of 30 additional days. Thereafter, if the violations remain unabated, the occupancy shall cease until an unconditional Certificate of Inspection is issued. The Construction Official shall require, as a condition to issuance of a temporary Certificate of Inspection, that the applicant and prospective occupant and/or purchaser execute a statement verifying their agreement to vacate the property upon expiration of the temporary Certificate of Inspection if an unconditional Certificate of Inspection has not been issued.
[Ord. No. 89-13, § 27B-8]
A waiver of the requirements for a Certificate of Inspection may be granted by the Construction Official, after consultation with the Health Officer, in his/her discretion, upon written application therefor, if the residential structure in question was previously inspected within the past six months of the proposed change in occupancy of the residential structure and if the intended use and its intensity remain unchanged.
[Ord. No. 89-13, § 27B-9]
Nothing contained within this section shall be construed to relieve the owner of any building or unit thereof from any responsibility imposed upon the owner for providing a safe place of habitation.
[Ord. No. 89-13, § 27B-12]
For a violation of any provision of this section, the maximum penalty, upon conviction, shall be that stated in Chapter 1, Section 1-5.
Nothing herein shall be construed as limiting the recourse of the Township to seek any and all other civil remedies and penalties as may be applicable to a violation hereunder, including seeking of an injunction to prevent occupancy of a residential structure until a valid Certificate of Inspection has been secured.
[Ord. No. 89-25, § 29-1]
This section shall be known and may be cited as the "Consumer Protection Regulations of the Township of Millstone."
[Ord. No. 89-25, § 29-2]
The seller of any real property with a new home on it in the area defined below must include in the contract of sale a provision which states that the prospective buyer has been notified of the proximity of the subject property to all areas of known and persistent toxic waste disposal which are in existence, or which have been closed.
[Ord. No. 89-25, § 29-3]
The area of the Township in which such notification is required is defined by the area encompassed within a 2,000-foot radius of all areas of known and persistent toxic waste disposal which are in existence, or which have been closed.
[Ord. No. 89-25, § 29-4]
A new home shall be defined as one for which the initial Certificate of Occupancy is issued on or after the effective date of this section. This section shall not apply to any resales of the homes. This section shall not apply to any homes for which the original Certificate of Occupancy was issued before the effective date of this section.
[Ord. No. 00-05, § I; Ord. No. 07-30, § I]
The purpose of this section is to assure proper maintenance of and compliance with applicable codes and ordinances for commercial buildings in order to further protect the safety and welfare of occupants and business invitees in commercial buildings.
[Ord. No. 00-05, § I; Ord. No. 07-30, § I; Ord. No. 10-17]
As used in this section:
BUILDING
Shall mean all houses and dwellings, stores and business places, and other buildings, which front upon any street in the Township.
[Ord. No. 00-05, § I; Ord. No. 07-30, § I]
In accordance with the provisions of statute, the International Property Maintenance Code/2006 (hereafter "Code"), and as may be amended from time to time hereafter, is hereby adopted as a standard governing the maintenance of premises within the Township.
The following provisions of the code are amended and revised:
a. 
Section 101.1 (page 1).
Insert: Township of Millstone.
b. 
Section 103.5 (page 2).
Insert: See subsection 14-7.4c of the Revised General Ordinances of the Township of Millstone.
c. 
Section 302.4 (Page 9).
Insert: 10 inches.
d. 
Section 304.14 (page 10).
Insert: May 1 and November 1.
e. 
Section 602.3 (page 17).
Insert: October 1 and June 1.
f. 
Section 602.4 (page 17).
Insert: October 1 and June 1.
Three copies of the International Property Maintenance Code have been placed on file in the office of the Township Clerk and will remain there for the use and examination of the public.
To the extent any provision of the Code is inconsistent with any other provision of the Revised General Ordinances of the Township of Millstone, the more stringent provision shall be applicable.
[Ord. No. 00-05, § I; Ord. No. 05-05, § I; Ord. No. 07-30, § I; Ord. No. 10-17, § I]
a. 
No person shall occupy as owner or occupant, or rent to another for occupancy, any building for the purpose of any use or occupancy which does not conform to the applicable provisions of the International Property Maintenance Code adopted in subsection 14-7.3 above.
b. 
No agent of an owner, real estate broker or salesperson, company, partnership, corporation or personal, shall rent, re-rent, release, sell, resell or suffer to allow any person or persons to occupy as a tenant or otherwise any building where there shall be a change of occupancy, unless a Continued Certificate of Occupancy certifying that said building is fit for human habitation and that said building is in compliance with the ordinances of the Township shall first be obtained from the Office of the Construction Official. Such a Continued Certificate of Occupancy shall be granted or denied within 10 business days from the date of the application of same. The Construction Official shall cause appropriate application forms for the Continued Certificate of Occupancy to be prepared and shall cause appropriately licensed officials to conduct the inspections. The application forms shall be available to the applicant at the office of the Construction Official. The provisions of this paragraph b shall not apply when there is only a change of occupancy of a building which is located on and used exclusively as an integral part of a commercial farm, including farm labor housing. However, this paragraph b shall apply for such building(s) on a commercial farm when there is a change of occupancy plus a change of ownership.
c. 
If, in addition to a change of occupancy of a building, a change or alteration of the use will occur, a zoning permit, pursuant to Chapter 35, Land Use and Development Regulations, Subsection 35-3-7.1, Zoning Permit, will be required.
d. 
Charges to cover the cost of administration in connection with the application shall be paid to the Office of the Construction Official at the time the application is filed and shall not be refundable.
1. 
The fee shall be a flat rate of $150.
2. 
First re-inspection required - no charge.
3. 
Second and subsequent re-inspections (each) - $75.
e. 
Whenever the Construction Official shall determine that there exists a violation of Section 14-7, the Construction Official shall issue a notice of violation and order to terminate, directing the discontinuance of the illegal action or condition and the correction of the violation.
f. 
Unless an immediate hazard to health and safety is posed, the Construction Official shall permit such time period for correction as is reasonable within the context of the situation.
g. 
If there has not been compliance with the notice of violation and order to terminate, the Construction Official, in addition to any other available remedies likely to bring about compliance, may request the Township Attorney to institute the appropriate proceedings at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful use of the building in violation.
h. 
The property owner, corporation, including an officer, director or employee of a corporation, shall be subject to a penalty of $500 if that person violates the provisions of Section 14-7.
i. 
Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to Section 14-7 or who reasonably interferes with such an inspection, shall be subject to a penalty of $500.
j. 
The penalties pursuant to this section may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law," (N.J.S.A. 2A:58-1 et seq.). Jurisdiction to enforce such penalties is conferred upon Judges of the Municipal Court in addition to the courts specified by N.J.S.A. 2A:58-2. Payment of a money judgment pursuant hereto shall be remitted in the case of a suit brought by a municipality to the Municipal Treasurer.
k. 
The Construction Official may assess a monetary penalty whenever such shall be likely to assist in bringing about compliance.
[Ord. No. 05-38, § I]
No building or structure shall be occupied in whole or in part prior to the issuance of a Certificate of Construction Records Closure (CRC). A CRC shall be required prior to the sale of any residential or commercial structure and prior to the rental of any tenant space in a commercial structure within the Township.
[Ord. No. 05-38, § I]
The following transactions are exempt from obtaining a CRC as long as no change in physical occupancy occurs:
a. 
Transfer of title to correct a previously recorded deed;
b. 
Title eligible to be recorded as an ancient deed pursuant to N.J.S.A. 46:16-7;
c. 
Transfer of title between husband and wife, whether or not relating to divorce, or between former spouses if the transfer is incident to an order or judgment from any court of competent jurisdiction;
d. 
Transfer of title relating to new construction for which a Certificate of Occupancy is required.
e. 
Transfer of title by or to an executor, administrator or court order, which affects a distribution of a descendant's estate in accordance with the provisions of the descendant's will or the interstate laws of the State;
f. 
Transfer of title due to refinancing, home equity loans or second mortgages; and
g. 
Transfer of title by or to a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors.
[Ord. No. 05-38 § I]
No owner shall permit the sale of a residential or commercial premises or rental of a residential or commercial premises covered under this section unless the requisite CRC has been issued. No purchaser or tenant shall occupy any premises covered under this section until the requisite CRC has been issued. Owners, tenants and occupants shall be jointly and severally responsible for failure to obtain the requisite CRC required hereunder. The owner or his authorized agent shall submit a written application and payment of fees at least 10 business days prior to the change of ownership and/or occupancy on the form provided by the Township.
[Ord. No. 05-38 § I]
Prior to the issuance of any such certificate for any transaction, the enforcing agency shall conduct a records inspection ensure that there are no open construction permits on subject premises. Should there be open permits on subject premises, all final inspections and prior approvals shall be obtained and appropriate Uniform Construction Code Certificates shall be issued prior to the issuance of the CRC.
[Ord. No. 05-38 § I]
The applicant shall submit with the application, fees for the CRC as follows to cover the administrative cost:
CRC: $50
[Ord. No. 05-38 § I]
Any person, firm or corporation violating any provisions of this section shall, upon conviction, be punishable by a fine not exceeding $1,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.
The issuance of a CRC shall not preclude the imposition of penalties upon subsequent discovery of violations.
Certificates are valid for six months from the date of issuance unless a change in occupancy has occurred and must be renewed for each occupancy change.
[Ord. No. 07-30 § II]
All premises within the Township shall be maintained in accordance with the standards set forth in the International Property Maintenance Code 2006 as may be amended from time to time hereafter, and as adopted pursuant to Section 14-7.3 of the Revised General Ordinances of the Township of Millstone.