[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.
[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.
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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.
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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.
[1971 Code § 27-1; Ord. No. 87-17, § 1]
As used in this section:
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.
Shall mean the holder or holders of the title in fee simple
to the building and/or the land on which it is located.
Shall mean all individuals, associations or corporations
who have interests of record in a building, and any who are in possession
thereof.
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.
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]
[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.
[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:
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.
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.
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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.
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[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:
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; amended 7-21-2021 by Ord. No. 21-10]
In accordance with the provisions of statute, the International
Property Maintenance Code/2021 (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 1-1).
Insert: Township of Millstone.
b.
Section 103.1 (page 1-2).
Insert: See subsection 14-7.3 of the Revised General Ordinances of the Township of Millstone.
c.
Section 302.4 (Page 3-1).
Insert: 10 inches.
d.
Section 304.14 (page 3-3).
Insert: May 1 and November 1.
e.
Section 602.3 (page 6-1).
Insert: October 1 and June 1.
f.
Section 602.4 (page 6-1).
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.
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.
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;
amended 7-21-2021 by Ord. No. 21-10]
All premises within the Township shall be maintained in accordance with the standards set forth in the International Property Maintenance Code 2021 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.
[Added 10-12-2022 by Ord.
No. 22-17; amended 3-15-2023 by Ord. No. 23-07]
Every landlord shall, at the time of the creation of the first tenancy in any newly constructed or reconstructed building, file a certificate of registration with the Township Clerk on the form prescribed by the Commissioner of Community Affairs, also referred to as "a Landlord Identity Statement," along with the administrative fee set forth in § 5-14. Every landlord required to file a certificate of registration shall file an amended certificate of registration with the Township Clerk within 20 days after any change in the information required to be included thereon.
[Added 10-12-2022 by Ord.
No. 22-17]
a.
The owner of a rental unit or units shall maintain liability insurance
for negligent acts and omissions in an amount of no less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accidence or occurrence.
b.
The owner of a multifamily home of four or fewer units, one of which
is owner occupied, shall maintain liability insurance for negligent
acts and omissions in an amount of no less than $300,000 for combined
property damage and bodily injury to or death of one or more persons
in any one accident or occurrence.
[Added 10-12-2022 by Ord.
No. 22-17]
[Added 10-12-2022 by Ord.
No. 22-17; amended 3-15-2023 by Ord. No. 23-07]
a.
Any landlord
who fails to file a certificate of registration with the Township
Clerk, or who fails to file an amended certificate of registration
within 20 days after any change in the information required to be
included thereon, shall be subject to a fine of not more than $500
for each offense.
b.
Any owner
of a rental unit who fails to maintain the liability insurance required
by this section or who fails to annually register the certificate
of insurance required by this section shall be subject to a fine of
not less than $500 but no more than $5,000.
