Except as provided in § 159-30, where a violation of this chapter or the regulations adopted pursuant to this chapter is found to exist, a written notice from the Public Officer shall be served on the person responsible for the correction thereof.
The notice of violation required by § 159-25 shall specify the violation or violations committed; the work required to be done to correct same; a reasonable period of time, not to exceed 30 days, to correct or abate the violation; the right of the person served to request a hearing; and that the notice shall become an order of the Public Officer in 10 days after service unless a hearing is requested pursuant to § 159-28.
A.
Notice required by § 159-25 shall be posted in a conspicuous location in or on any structure or premises in violation of regulations of this chapter, whether residential or commercial, such notice to state where and under what conditions a copy of the notice may be obtained. Simultaneously with posting, the notice shall be mailed to the responsible person, firm or corporation at the last known address of principal place of business or to the agent appointed by such person, firm or corporation pursuant to these regulations.
B.
Service may also be effected in person upon the individual
owner, operator, occupant or agent or upon a member of the family
over the age of 14.
C.
Where service is by mail, the date of service shall
be determined as being on the day following the day of mailing to
addresses within the City and as on the fourth day after the day of
mailing to addresses outside the City. Where the service would fall
upon a Sunday or other day when mail is not ordinarily delivered,
then the day of service shall be as of the next regular delivery day.
[Amended 12-14-1970 by Ord. No. 64A-1970]
Within 10 days of the date of service of a notice required by § 159-25, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail on the Public Officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Public Officer, upon receipt of the request, shall, within 30 days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
At any hearing provided pursuant to § 159-28, the Public Officer shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him, and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within 10 days from the completion of the hearing. The Public Officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
A.
Notwithstanding the requirements of §§ 159-25 to 159-29, violations of the following sections may be prosecuted without notice by the filing of a complaint by the Public Officer in the Municipal Court: §§ 159-18, 159-40, 159-45, 159-50, 159-55, 159-56, 159-57, 159-62D, 159-63, 159-64, 159-65, 159-67, 159-69, 159-70, 159-71, 159-72, 159-79, 159-82A and B, 159-86, 159-87, 159-91, 159-95, 159-101, 159-102, 159-103, 159-105, 159-114, 159-117 to 159-122, 159-125, 159-129, 159-137, 159-138, 159-150, 159-154, 159-162 and 159-203A.
[Amended 5-27-1958 by Ord. No. 31-1968; 11-25-1974 by Ord. No. 61-1974; 4-12-1976 by Ord. No. 15-1976; 4-26-2004 by Ord. No. 10-2004[1]]
B.
No notice shall be required on the enforcement of § 159-62D as to the removal of accumulated snow or ice from paths, walks, driveways, parking lots and parking areas used by pedestrians and automobiles where such snow or ice remains uncleared within four hours of daylight after termination of the snowfall on commercial properties and eight hours of daylight after the termination of the snowfall on residential properties.[2]
C.
Where the Public Officer, after hearing, shall determine
that there was a violation, and a notice was served upon the owner,
operator or occupant, whether or not the violation was abated prior
to the issuance of an order, if thereafter within the space of one
year there shall be a second violation by the same owner, operator
or occupant of the same provision of this chapter discovered on the
same premises, the offender may be prosecuted on the second violation
without the Public Officer first giving notice and opportunity for
a hearing to the owner, operator or occupant by the filing of a complaint
by the Public Officer in the Municipal Court. Where the Public Officer
has on two different occasions found violations by the same owner,
operator or occupant on the same premises and has issued notices on
each and has held at least one hearing and issued an order thereon,
upon discovering a third or subsequent violation by the same owner,
operator or occupant on the same premises within the space of one
year, whether of the same sections or of any other sections of this
chapter, he may thereupon prosecute the offender by filing a complaint
in the Municipal Court for the third or subsequent violation occurring
within the period of one year without first providing notice and opportunity
for a hearing by the Public Officer.
[Amended 5-27-1968 by Ord. No. 31-1968]
The Public Officer may extend the time for correction
or abatement of the violations of this chapter for an additional period
of time not to exceed 30 days, except where major capital improvements
or renovations are involved; in which instance the time for completion
may be extended for a period not to exceed 90 days beyond the expiration
date of the original notice.
[Amended 11-12-1968 by Ord. No. 58-1968]
A.
Where the violation or condition existing on the premises
under this chapter is of such a nature as to constitute an immediate
threat to life and limb unless abated without delay, the Public Officer
may either abate the violation or condition immediately or order the
owner, operator or occupant to correct the violation or condition
within a period of time not to exceed three days, and upon failure
to do so, the Public Officer shall abate the condition immediately
thereafter.
B.
The Public Officer shall submit to the City Council
a report of the work done and expenses incurred to abate such condition,
and the City Council may thereupon, by resolution, approve the expenses
and costs therefor, whereupon the same shall become a lien against
the premises, collectible as provided by law. Copy of such resolution
shall be certified by the City Clerk and filed with the Tax Collector
of the City, who shall be responsible for the collection thereof,
and a copy of such report and resolution shall be sent by certified
mail to the owner of the premises.
Where abatement of any nuisance as defined in
this chapter, correction of a defect in the premises or bringing the
premises into compliance with the requirements of this Code or any
municipal ordinance or state law applicable thereto requires expending
City funds therefor, the Public Officer shall present a report of
work proposed to be done to accomplish the foregoing to the City Council
with an estimate of the cost thereof, along with a summary of the
proceedings undertaken by the Public Officer to secure compliance,
including notices served upon the owners, operators, lessors or agents,
as the case may be, hearings and orders of the Public Officer with
reference thereto. The City Council may thereupon by resolution authorize
the abatement of the nuisance, correction of the defect or work necessary
to place the premises in proper condition and in compliance with the
Code or any ordinances of the City and laws of the state. The Public
Officer may thereafter proceed to have the work performed in accordance
with the resolution at City expense, not to exceed the amount specified
in the resolution, and shall, upon completion thereof, submit a report
of the funds expended and costs to the City Council. After review
of the same, the City Council may approve the expenses and costs,
whereupon the same shall become a lien against the premises, collectible
as provided by law. A copy of the resolution approving the expenses
and costs shall be certified by the City Council and filed with the
Tax Collector of the City, who shall be responsible for the collection
thereof, and a copy of this report and resolution shall be sent by
certified mail to the owner.
Any violation of this Code or any other ordinance
other than this chapter discovered by a housing inspector shall be
reported to the Public Officer, who shall refer the alleged violation
to the official agency responsible for the enforcement of such other
ordinance.
Where there exists a violation of occupancy
standards under this chapter, an owner or operator, upon receipt of
a notice of violation, if unable to eliminate the violation by peaceable
means within the period of time specified in such notice, shall commence
within such period legal action to dispossess, evict or eject the
occupants who cause the violation. No further action shall then be
taken against the owner or operator so long as the action under this
section is pending in the Court and is prosecuted expeditiously and
in good faith.
For the purposes of enforcement of this chapter,
the service of a notice on an owner, whether or not the owner is also
the operator, shall constitute notice of violations set forth therein
until such violations are abated in conformity with this chapter,
this Code and other applicable ordinances of the City.
Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this chapter without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, operator or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon the filing of affidavit setting forth the facts with the Public Officer, the Public Officer shall serve a five-day written notice of a hearing in accordance with the provisions for service contained in § 159-27 upon the owner, operator or occupant of any adjoining premises affected by the application.
On the day fixed for hearing on an application pursuant to § 159-37, the Public Officer shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access should not be granted across the adjoining properties.
If the Public Officer determines that access
is necessary to accomplish or complete repairs or improvements necessary
for compliance with this chapter, then the Public Officer shall issue
a certificate of necessity, setting forth therein the person or persons
to whom the certificate shall apply, such conditions as shall be necessary
to protect the adjoining property, reasonable time limits during which
such certificate shall operate, precautions to be taken to avoid damage
and, where the Public Officer deems proper, that a bond be procured
at the expense of any of the persons seeking access to secure the
adjoining property against damage to persons or property arising out
of such rights of access. The bond shall not exceed in amount $10,000,
and the amount set shall take into consideration the extent, nature
and duration of the repairs, the proximity of the improvement on the
premises affected and potential risk of damage thereto. The bond shall
be filed with the Public Officer.
Any refusal to comply with §§ 159-37 to 159-39 or any interference with access to premises pursuant to a certificate issued under § 159-39 shall be a violation of this chapter, and in addition to penalties provided for violation of this chapter, the Public Officer may, upon affidavit, apply to the Judge for a warrant under the procedure set forth in § 159-18, authorizing access to the premises under appropriate conditions and circumstances as provided under § 159-39.
[Amended 3-23-1987 by Ord. No. 5-1987]
Each violation of a provision of this chapter
shall constitute a separate and distinct violation, independent of
any other provision. Each day's failure to comply with any such section
or subsection shall constitute a separate violation, provided that
a summons is issued for each occurrence thereof.
Where a defendant charged with a violation of
this chapter is other than a natural person, any agent, superintendent,
officer, member or partner who shall, alone or with others, have charge,
care or control of the premises shall be liable for any penalty imposed
upon conviction for such violation.
[Amended 11-10-1969 by Ord. No. 39A-1969]
In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the City required to be registered pursuant to § 159-55 for violation of this chapter, this Code or any other city ordinance or state law applicable to the City, the fine or penalty shall be collectible as a lien against the premises and, in addition thereto, shall be collectible pursuant to the procedures for appointment of a receiver as set forth in § 159-10 in addition to any other remedies now provided by law.
[Added 3-23-1987 by Ord. No. 5-1987; amended 4-26-2004 by Ord. No. 10-2004; 8-16-2004 by Ord. No.
24-2004; 9-18-2006 by Ord. No. 24-2006[2]]
Upon conviction of any provision of this chapter,
the Court shall impose a minimum fine of not less than $250 or a maximum
fine not to exceed $2,000 for each offense, imprisonment for a term
not exceeding 90 days, or a period of community service for not more
than 90 days, or any combination thereof. If a fine greater than $1,250
is imposed, the property owner shall be afforded a thirty-day period
in which to cure or abate the violation and afforded a hearing before
a court of competent jurisdiction for an independent determination
concerning the violation. Subsequent to the expiration of said thirty-day
period, a fine greater than $1,250 may be imposed if a court determines
that the owner remains in violation or, upon reinspection of the property,
it is determined that the abatement has not been substantially completed.
[Amended 4-12-1971 by Ord. No. 15-1971; 11-25-1974 by Ord. No. 61-1974; 11-9-1981 by Ord. No. 26-1981; 2-24-2020 by Ord. No. 3-2020; 4-13-2020 by Ord. No. 11-2020; 7-24-2023 by Ord. No. 14-2023]
It shall henceforth be unlawful for any property
owner, tenant placement organization, landlord or tenant to rent,
make rental payments, accept rental payments or otherwise assist with
the rental or lease or in any way deliver up for occupancy any building,
premises, apartment or any other dwelling unit until a certificate
of habitability to the effect that said building, premises, apartment
or any other dwelling unit conforms to the provisions of this chapter
shall have been issued by the Public Officer or his designee. In such
case, it shall be the duty of the Public Officer or his designee to
issue a certificate of habitability upon inspection and approval by
a housing inspector within 15 days after a written request for such
certificate shall have been filed with the Public Officer by a property
owner, landlord or tenant of a building, premises, apartment or any
other dwelling unit. Such certificate of habitability shall be effective
for a period of time that the premises again becomes occupied and
for as long as occupancy remains unchanged. Any safety concerns noted
during inspection shall be reported to and signed by the landlord.
Minor issues within dwellings that do not compromise the health or
safety within shall be issued a certificate of habitability at the
discretion of the City Inspector/Public Official.
[Amended 4-12-1971 by Ord. No. 15-1971; 11-25-1974 by Ord. No. 61-1974]
A.
The fee for the issuance of a certificate of habitability
shall be $100, except in the case of new developments and substantially
rehabilitated units of 10 or more, for which the fee for issuance
of a certificate of habitability shall be $75. The first reinspection
shall be no charge. The fee for the second and subsequent reinspections
shall be $75.
[Amended 2-28-1983 by Ord. No. 7-1983; 6-10-1987 by Ord. No. 18-1987; 7-20-1992 by Ord. No. 16-1992; 11-8-1993 by Ord. No. 10-1993; 2-22-1999 by Ord. No. 4-1999; 5-12-2014 by Ord. No. 6-2014]
B.
The Housing Authority of the City of East Orange shall be exempted from the requirements of this section, provided that the Public Officer, in his discretion, finds said fee to create an unreasonable hardship on said Housing Authority. Nothing herein contained shall be deemed to repeal, supersede or prevent the Housing Authority of the City of East Orange from complying with the regulations as prescribed in § 159-45 of this chapter, as amended and supplemented.
[Added 10-10-1978 by Ord. No. 33-1978]
[1]
Editor’s Note: Former § 159-47, Temporary certificate
of habitability, as amended, was repealed 2-26-2018 by Ord. No. 3-2018.
[1]
Editor's Note: Former § 159-48,
Fee for temporary certificate of habitability, as amended, was repealed
7-20-1992 by Ord. No. 16-1992 and 11-8-1993 by Ord. No. 10-1993.
[Added 11-25-1974 by Ord. No. 61-1974]
B.
The owner of the premises for which a certificate
of habitability is issued, or his authorized representative, must
sign said certificate of habitability or temporary certificate of
habitability.
C.
Upon the renting of the premises involved, the owner,
his authorized representative and, to the extent applicable, a tenant
placement organization shall have a copy of the certificate of habitability
signed by the tenant, give a copy of the certificate of habitability
or temporary certificate of habitability to the tenant and return
a signed copy to the Public Officer. An owner or his authorized agent
may not rent, offer to rent or offer to permit occupancy of any premises
without obtaining the required signature. A tenant placement organization
is prohibited from paying rent on a tenant's behalf until such time
as a certificate of habitability has been issued. The tenant's failure
to sign the certificate of habitability or temporary certificate of
habitability shall be prima facie evidence of violation of this article
by the tenant, and the tenant shall be subject to all penalties herein.
[Amended 9-8-1975 by Ord. No. 60-1975; 2-24-2020 by Ord. No. 3-2020]
D.
If the provisions of this section are not met and
the City of East Orange is subsequently required to relocate the tenants
of the dwelling unit involved, the owner and tenant placement organization
shall be jointly liable for all costs of relocation and shall further
be liable for any payments the City of East Orange may be required
to make to the relocated tenant under the applicable laws of the United
States of America or the State of New Jersey. This provision shall
not be construed so as to impose a relocation obligation on the City
of East Orange. The tenant shall only be liable under this provision
to the extent they refuse to execute a certificate of habitability
without good cause.
[Amended 2-24-2020 by Ord. No. 3-2020]
E.
Tenant
placement organizations.
[Added 2-24-2020 by Ord. No. 3-2020]
(1)
Registration.
(a)
Tenant placement organizations shall register with the City of East
Orange's Department of Property Maintenance before engaging in any
activity within the City of East Orange. After the initial registration,
tenant placement organizations shall be required to register on an
annual basis with the City's Department of Property Maintenance. The
initial registration fee shall be $250 and subsequent annual registration
fees shall be $100.
(b)
When registering, tenant placement organizations shall provide the
following information to the City of East Orange:
[1]
The organization's home address.
[2]
The identity of a natural born person who shall bear personal responsibility
for ensuring compliance with the City of East Orange's property maintenance
code.
[3]
A detailed list of all tenants that the organization provided services
to or on behalf of either prior to the passage of this section or
within the previous 12 months prior to registration. For each tenant
so identified, the landlord shall identify: the dates of their tenancy,
the tenant's contact information, the tenant's address within the
City of East Orange, the name and contact information of the tenant's
landlord, as well as the nature and length of any rental assistance,
subsidies or vouchers that have been or are slated to be provided
by the tenant placement organization.
[4]
A declaration under penalty of perjury that the organization has
not made any payments to landlords during the preceding 12 months
without first receiving written confirmation from the City of East
Orange that a certificate of habitability has been issued.
(2)
Prohibitions
and penalties.
(a)
Tenant placement organizations shall not do the following:
[1]
Tenant placement organizations shall not prepay rent in an amount
that exceeds three monthly rental payments.
[2]
Tenant placement organizations shall not provide rental payments
to any landlord without first confirming that a certificate of habitability
has been issued.
[3]
Tenant placement organizations shall not make any payments to landlords
for units that are found to be in violation of the City's property
maintenance code until such time as the violations are abated.
[4]
Tenant placement organizations shall not place any tenants within
the City of East Orange without first crafting a plan of action to
ensure that the tenant is not rendered homeless at the conclusion
of the tenant placement organization's rental assistance. While not
exhaustive, at a minimum, the plan should include job training and
referrals to agencies that can provide rental assistance.
(3)
Exception.
When a tenant placement organization registers with the City pursuant
to this section, the City's Director of Property Maintenance may exempt
an organization by allowing it to pay more than three months of advance
rent for a tenant if the organization has a demonstrable track record
of success and compliance with the City's property maintenance code.
Tenant placement organizations that disagree with the Director's conclusion
can register an appeal with the City's governing body which shall
render its decision within 60 days of the date the appeal is filed.
[Added 9-11-1972 by Ord. No. 36-1972; amended 5-26-1987 by Ord. No. 16-1987]
A.
It shall henceforth be unlawful for any owner and/or
prospective purchaser of real property to sell, convey, deliver or
transfer and for any purchaser to purchase, take title or possession
of any building, premises or unoccupied/vacant lot until a certificate
of conformity has been issued to the effect that said building or
premises or unoccupied/vacant lot complies with and conforms to the
provisions of this chapter by the Public Officer or his designee.
The certificate of conformity shall be issued after proper application
has been executed and filed by the owner and/or the purchaser, as
required, and after inspection and approval by a housing inspector
designated by the Public Officer.
[Amended 4-26-2004 by Ord. No. 11-2004]
B.
The Public Officer shall cause an inspection to be
made within 15 days after the request for the same has been made to
the Public Officer. If upon inspection/reinspection of the building,
premises or unoccupied/vacant lot it shall be determined that no evidence
of any violation of this chapter exists, the Public Officer or his
designee shall, within 15 days after the inspection/reinspection has
been completed, cause to be issued a certificate of conformity, stating
that said building, premises or unoccupied/vacant lot conforms to
the provisions of this chapter.
[Amended 4-26-2004 by Ord. No. 11-2004]
C.
In the event that the agreement of sale, conveyance
or transfer of possession provides for or contemplates an as-is conveyance
or transfer, then a copy of said agreement shall be attached to the
application, which application must be signed by both the seller,
grantor or transferor and the purchaser, grantee or transferee. The
Public Officer shall cause an inspection/reinspection to be made within
15 days after the request for the same has been made to the Public
Officer. If the inspection/reinspection of the building or premises
or unoccupied vacant lot reveals violations of this Code or of applicable
City ordinances, and such violations will not be repaired or corrected
before title closing or transfer of possession, then the Public Officer
or his designee may issue a nonrenewable temporary certificate of
conformity, which certificate will be valid for a period not in excess
of six months from the date of conveyance or transfer of possession.
The written request must acknowledge the existing Code violations
and the obligation to correct or abate such violations in order to
obtain a certificate of conformity prior to the expiration of the
temporary certificate of conformity. No additional certificates of
conformity will be issued until all violations from the original inspection
notice have been abated.
[Amended 4-26-2004 by Ord. No. 11-2004; 2-26-2018 by Ord. No. 3-2018]
D.
The responsibility and/or liability for obtaining
the certificate of conformity is both with the property owner and/or
prospective purchaser. The fact that one or both have abrogated the
responsibility hereinabove shall not diminish the liability of either
one or the other to the exclusion and/or inclusion of the other.
[Added 9-11-1972 by Ord. No. 36-1972; amended 5-26-1987 by Ord. No. 16-1987; 10-10-2000 by Ord. No. 18-2000; 4-26-2004 by Ord. No. 11-2004]
The following transfers, conveyances or deliveries
of any building, premises or unoccupied/vacant lot are hereby exempt
from the requirement of an application for certificate of conformity:
A.
Wherever a transfer, conveyance or delivery of building,
premises or unoccupied/vacant lot is made between immediate members
of a family, including but not limited to husband and wife, and, in
the case of a building or premises, same contains less than four dwelling
units.
B.
Whenever premises are purchased specifically for the building thereon
to be demolished, then, in that event, said intention shall be given
to the Public Officer in writing, and the necessary demolition permit
shall be obtained from the applicable department in the City of East
Orange. This demolition must take place within 90 days of the date
requested. If demolition has not taken place within the 90 days, a
certificate of conformity must be applied for, with the necessary
fee.
[Amended 2-26-2018 by Ord. No. 3-2018]
C.
Transfer or delivery of building, premises or unoccupied/vacant
lot by reason of probate proceedings. This shall be exempted only
if the grantee is an heir or beneficiary under a probated last will
and testament.
D.
City-owned property.
[Added 9-11-1972 by Ord. No. 36-1972; amended 2-28-1983 by Ord. No. 7-1983; 6-10-1987 by Ord. No. 18-1987; 7-20-1992 by Ord. No. 16-1992; 11-8-1993 by Ord. No. 10-1993; 2-22-1999 by Ord. No. 4-1999; 4-26-2004 by Ord. No. 11-2004]
A.
Fees for inspections/reinspection for certificates of conformity required by § 159-50 of the Code of the City of East Orange, notwithstanding § 159-44 as may be applicable, shall be as follows:
[Amended 5-12-2014 by Ord. No. 6-2014]
|
Type
|
Fee
| ||
|---|---|---|---|
|
Residential properties
| |||
|
Unoccupied/vacant lots
|
$100
| ||
|
1- and 2-dwelling units
|
$200
| ||
|
3 multiple-dwelling units
|
$325
| ||
|
4 to 5 multiple-dwelling units
|
$450
| ||
|
6 to 10 multiple-dwelling units
|
$500
| ||
|
11 to 15 multiple-dwelling units
|
$600
| ||
|
16 to 20 multiple-dwelling units
|
$1,000
| ||
|
21 to 30 multiple-dwelling units
|
$1,200
| ||
|
31 to 40 multiple-dwelling units
|
$1,400
| ||
|
41 to 50 multiple-dwelling units
|
$1,600
| ||
|
51 to 60 multiple-dwelling units
|
$1,800
| ||
|
61 and more multiple-dwelling units
|
$2,000
| ||
|
First reinspection
|
No charge
| ||
|
Second reinspection
|
$75
| ||
|
Third and subsequent reinspections
|
$125
| ||
|
Commercial properties
| |||
|
1 to 1,000 square feet
|
$100
| ||
|
1,001 to 2,000 square feet
|
$150
| ||
|
2,001 to 3,000 square feet
|
$175
| ||
|
3,001 to 4,000 square feet
|
$200
| ||
|
4,001 to 5,000 square feet
|
$225
| ||
|
The following formula will be used to determine
the inspection fee for any structures over 5,000 square feet:
| |||||
|
Sample: 23,000 square feet
| |||||
|
Fee:
|
4 x 5,000 square feet
|
=
|
$900
| ||
|
1 x 3,000 square feet
|
=
|
$175
| |||
|
Total
|
=
|
$1,075
| |||
[1]
Editor's Note: Former § 159-3, Conveyance of certificated
premises: additional inspection/reinspection, new certificates, added
9-11-1972 by Ord. No. 36-1972, as amended, was repealed 2-23-2015
by Ord. No. 7-2015.
[Added 9-11-1972 by Ord. No. 36-1972; amended 2-23-2015 by Ord. No. 7-2015]
The provisions of this article shall not apply
to judicial sales, except that, after a title has been taken by the
purchaser from such judicial offer, then the purchaser shall make
application for a certificate of conformity in accordance with the
provisions herein within 30 days.
