[Amended in entirety 9-27-2022 by Ord. No. 2020-28. Prior history
includes: Ord. No. 2010-20 and Ord. No. 2013-06. Amendments noted
where applicable.]
[Added 12-8-2020 by Ord. No. 2020-28]
To protect the health, safety and welfare of residential tenants
and the general public by ensuring that both the interior and exterior
of all buildings and properties are maintained in a safe and sanitary
condition and that maximum occupancy limits are not exceeded in residential
rental units; to protect the real estate values of properties located
in close proximity to rental housing by requiring the upkeep and maintenance
of building exteriors and outside property areas; to protect the public
health, safety and welfare by establishing minimum standards governing
the maintenance, appearance and condition of commercial premises,
shopping centers and multifamily dwellings; to establish minimum heating
requirements for rental dwelling units where furnishing heat is the
responsibility of the owner; to fix responsibilities and duties upon
owners, operators and occupants; to authorize and establish procedures
for the inspection of commercial premises, shopping centers and multifamily
dwellings; to fix penalties for the violations of this code; and to
provide for the right of access by the agents and employees of the
Township to enforce compliance with the provisions hereof whenever
necessary. This code is declared to be remedial and essential for
the public interest, and it is intended that this code shall be liberally
construed to effectuate the purposes as stated herein.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Officers.
1.
Enforcement Officer. The Township Committee shall designate an Enforcement
Officer. The Enforcement Officer, or his or her designee, is hereby
authorized and empowered to exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions
of this chapter.
2.
Housing Official. The Housing Official of the Township of Holmdel
is hereby designated as the officer to exercise the powers prescribed
by this chapter, and he shall serve in such capacity.
3.
Housing Inspector. The Housing Inspector is hereby authorized and
empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others herein granted:
(a)
To investigate the dwelling conditions in the Township of Holmdel
in order to determine which dwellings 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 examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
(d)
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
(e)
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
4.
Housing Code Clerk. The Housing Clerk of the Township of Holmdel
is hereby designated as the officer to receive and process all applications,
schedule all inspections, and maintain all files prescribed by this
chapter and he shall serve in such capacity.
b.
Powers to Be Supplemental to Existing Powers. Nothing in this chapter
shall be construed to abrogate or impair the power of the Township
or any officer or department to enforce any provisions of its ordinances
or regulations nor to prevent or punish violations thereof, and the
powers conferred by this chapter shall be in addition and supplemental
to the powers conferred upon the Township by any other law or ordinance.
c.
Authority to Promulgate Regulations. The Director of Community Development
or his designee 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 chapter; provided, however,
that such rules and regulations shall not be in conflict with the
provisions of this chapter nor in any way alter, amend or supersede
any of the provisions thereof. A certified copy of all rules and regulations
which he may adopt in his office and in the office of the Clerk of
Holmdel Township.
d.
Authority to Make Inspections.
1.
The Director of Community Development or his designee is hereby authorized
to make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises, including all interior and exterior
spaces, located within the Township of Holmdel in order that he may
perform his duty of safeguarding the health and safety of the occupants
of dwellings and of the general public. The Enforcement Officer shall
not be accompanied by a uniformed police officer during such inspection,
unless there is a reasonable concern of unlawful conduct or violence
at or during the inspection.
2.
For the purpose of making such inspections, after receiving appropriate
authority through consent or administrative search warrant, the Enforcement
Officer is hereby authorized to enter, examine and survey, during
reasonable hours, i.e., 8:00 a.m. through 9:00 p.m., the interior
and exterior of all dwellings, dwelling units, rooming units and premises.
The owner or occupant of every dwelling unit and rooming unit shall
give the Enforcement Officer free access to the exterior and interior
of such dwelling, dwelling unit or rooming unit and its premises at
all reasonable times, i.e., 8:00 a.m. through 9:00 p.m., 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,
whether interior or exterior, at all reasonable times, i.e., 8:00
a.m. through 9:00 p.m., for the purpose of making such repairs or
alterations as are necessary to effect compliance with the provisions
of this chapter or with any lawful rule or regulation adopted or any
lawful order issued pursuant to the provisions of this chapter.
3.
Inspections shall be made based on complaints and independent observations
that indicate that a violation or violations of the housing standards,
occupancy limits regulations, the Zoning Ordinance and/or the Uniform
Construction Code has occurred.
4.
Inspections shall not be based on any form of discrimination such
as race, color, creed, national origin, sex, sexual orientation, etc.
5.
Inspections may be conducted pursuant to consent from the owner or
lessee of the property or a validly issued administrative search warrant.
6.
If the Enforcement Officer does not have a warrant and requests consent
to inspect the premises, he must inform the residents that they have
a right to refuse to consent to the inspection and that if consent
to the inspection is denied, refused or revoked, additional legal
steps will be taken by the Township. Consent from the owner, lessee
or consenting adult must be knowing and voluntary, and the consenting
party should sign a form acknowledging the knowing and voluntary consent.
The basis for belief that a violation has occurred and the reason
consent is requested should be detailed in records or written notes
regarding the inspection, which shall be maintained in an enforcement
file. Enforcement Officers should be aware that consent to the inspection
may be revoked at any time.
7.
If consent is not obtained to conduct a search of the premises, the
Enforcement Officer shall leave the premises and prepare a certification
in support of a request for an administrative search warrant. The
certification shall state the facts surrounding the request for inspection
and the refusal and a request from the municipal court for an administrative
search.
8.
When conducting a search the Enforcement Officer shall knock on all
doors before opening them. The Enforcement Officer may take notes
or photographs of the premises or draw a floor plan of the residence.
e.
Acceptance of Standards. Pursuant to the provisions of N.J.S.A. 40:49-5.1,
the New Jersey State Housing Code contained at N.J.A.C. 5:28 and as
may be amended, the most recently adopted International Property Maintenance
Code (IPMC); and the ICC International Fire Code, New Jersey Edition,
are 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.
f.
Acceptance of Standards; Copies on File. Pursuant to the provisions
of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code contained
at N.J.A.C. 5:28 and as may be amended is hereby accepted, adopted
and established as a standard to be used as a guide in determining
the fitness of a building for human habitation or occupancy or use.
Three copies of the New Jersey State Housing Code have been placed
on file in the office of the Clerk of the Township of Holmdel and
are available to all persons desiring to use and/or examine same.
g.
Construal. This chapter establishes minimum standards for property
maintenance, and the provisions of this section shall not be construed
to prevent the enforcement of other ordinances or regulations which
may be more stringent.
[Added 12-8-2020 by Ord. No. 2020-28]
Unless otherwise expressly stated, the following terms, wherever
used herein, shall have the following meanings, unless a different
meaning clearly appears from the context and shall be defined as follows:
Inspection for the continuation of the certificate provided
for in N.J.A.C. 5:23-2, indicating that as a result of a general inspection
of the visible parts of the building, no violations of N.J.A.C. 5:23-2.14
have been determined to have occurred, no unsafe conditions violative
of N.J.A.C. 5:23-2.32 have been found, no violation of applicable
codes have been found, including, but not limited to, the New Jersey
Uniform Fire Code, International Property Maintenance Code, International
Fire Code-New Jersey Edition, and the New Jersey Hotel & Multiple
Dwelling regulations, and that the existing use of the building has
heretofore lawfully existed. It also includes a review for conformance
to the approved site plan.
A building or buildings or any part thereof and the lot or
tract of land upon which the building or buildings are situated, where
commercial activity of any kind takes place. Commercial activity shall
include, but is not limited to, gasoline service stations; stores
for retail sales; liquor stores, taverns and inns; restaurants, including,
but not limited to, drive-in restaurants, snack bars, hot dog, hamburger
or ice-cream stands; professional activities, including, but not limited
to, medical, dental, legal, architectural, accounting; personal services,
including, but not limited to, real estate, insurance, barbershops,
hairdressers; repair shops of all kinds; and amusements, including,
but not limited to, movies, skating rinks, bowling alleys; whether
part of a shopping area or not. Commercial activity shall not include
the sale of agricultural products produced on the premises.
The person or persons who own, or purport to own, or exercise
control of any building or project in which there is rented or offered
for rent housing space for living or dwelling purposes under either
a written or oral lease.
Any manufactured housing unit as defined in Section 1.2.14
of the National Fire Protection Association Standard No. 501.
Any building or structure and any land appurtenant thereto,
and any portion thereof, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons living
independently of each other, and any group of 10 or more buildings
on a single parcel of land or on contiguous parcels under common ownership,
in each of which two dwelling units are occupied or intended to be
occupied by two persons or households living independently of each
other, and any land appurtenant thereto, and any portion thereof,
but not any buildings and structures that are excluded in the definition
contained at N.J.S.A. 55:13A-3(k).
Any person having actual possession of the premises or any
part thereof.
Any person having charge, care or control of the premises
or any part thereof, whether with or without the consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any premises as owner or agent of the owner or as fiduciary,
including, but not limited to, executor, executrix, administrator,
administratrix, trustee, receiver or guardian of the estate, or as
mortgagee in possession regardless of how such possession was obtained.
Any person who is a lessee subletting or reassigning any part or all
of any premises shall be deemed to be a co-owner with the lessor and
shall have joint responsibility over the portion of the premises sublet
or assigned by said lessee.
This definition shall include single-family, two-family,
and owner-occupied two-family premises which are rented by a landlord,
as well as any multiple dwelling subject to the Hotel and Multiple
Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.).
One or more buildings or parts thereof designed or existing
as a unit, occupied or to be occupied by one or more businesses for
the conduct of retail sales, with parking space(s).
A single-family dwelling unit, which includes manufactured
housing units, is a unit which may only be occupied by a single housekeeping
unit, i.e., a group of people, regardless of familial relation, wherein
all members have access rights to all common areas of the single-family
dwelling unit and all common appliances, including the main kitchen,
the main refrigerator, the cooking range, washing machines, the garage,
the family room, the living room, and the dining room. The essence
of the single-family dwelling unit is that all members thereof, i.e.,
the single housekeeping unit, shall be the equivalent of a family,
without blood relation, and shall constitute a single, economic entity,
characterized by stability, permanency and functionality of such single
housekeeping unit, by maintaining the single-family dwelling unit
in common.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
CCO Inspections Required.
1.
At the time of the CCO inspection, all parts of the premises must
be available and accessible for inspection, and the owner, operator
and occupant are required to provide the necessary arrangements to
facilitate access to all parts of the premises. Such inspections shall
be made during daylight hours or during normal business hours.
2.
No person, agency, corporation, partnership, firm, company, owner,
real estate agent, broker or any other individual shall rent, lease,
sell, occupy, transfer title of any dwelling, dwelling unit, commercial
building or space, or property without first obtaining a CCO certificate
from the Enforcement Officer.
3.
A real estate agent licensee who is involved in the sale of any property
must obtain or ensure that the seller obtains a CCO certificate from
the Department of Community Development prior to the sale, transfer
of ownership or occupancy.
4.
It shall be unlawful for any seller of any property as described
herein or real estate licensee involved in a sale of any property
to knowingly transfer or assist in the transfer of ownership in violation
of this section. In addition to the applicable penalties provided
in this chapter, the Township may, in its discretion, report any real
estate licensee found to have violated the requirements of this section
to the New Jersey Real Estate Commission.
b.
Inspections.
1.
The Enforcement Officer, his designee, or the applicable Township
department is authorized to enter any structure and/or premises at
any reasonable time for the purpose of performing inspections under
this article, provided that the Enforcement Officer, his designee,
or the applicable inspecting party will attempt to secure permission
to inspect the structure and/or premises from the owner, operator
or occupant of the said structure and/or premises. When attempting
to secure such permission, the Enforcement Officer, his designee,
or the applicable inspecting party shall advise the owner, operator
or occupant of the said structure and/or premises of their right to
refuse to grant such permission to inspect. Should the owner, operator
or occupant grant the right to inspect, all parts of the structure
and/or premises must be available and accessible for such inspections,
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate such inspections.
2.
Residential properties. In the event there is no person available
to give permission to inspect at a residential property or permission
to inspect is denied, the Enforcement Officer, his designee, or the
applicable inspecting party shall have the authority to enter onto
the subject premises to the front and side of any structures on the
premises up to the rear line of the primary structure; provided, however,
that under no circumstances shall there be any entry onto any section
of the premises which is fenced in or any entry into the structure
without the consent or appropriate search warrant issued by a court
of competent jurisdiction. Such inspections of residential properties
shall be made during daylight hours commencing no later than 30 minutes
before sunset or during hours when the structure and/or premises are
open to the public, unless there is reason to believe that a violation
exists of such a character that is deemed to be an immediate threat
to the health, safety and welfare of the citizens of the Township
of Holmdel requiring inspection and abatement without delay.
3.
Commercial properties. In the event there is no person available
to give permission to inspect at a commercial property or permission
to inspect is denied, the Enforcement Officer, his designee, or the
applicable inspecting party shall have the authority to enter onto
the subject premises to the front, side and rear of any structures
on the premises and shall have the authority to inspect up to the
rear line of the property itself; provided, however, that under no
circumstances shall there be any entry onto any section of the premises
which is fenced in or any entry into the structure without consent
or the appropriate search warrant issued by a court of competent jurisdiction.
4.
Inspection of premises. Inspections of premises and the issuing of
orders in connection therewith under the provision of this article
shall be the exclusive responsibility of the Enforcement Officer,
as defined herein, or his designee. Whenever, in the opinion of the
Enforcement Officer, or his designee, it shall become necessary or
desirable to have inspections of any condition performed by another
Township department, the Enforcement Officer, or his designee, shall
arrange for such inspections to be performed. Orders for the correction
of any violations under this section may be issued by the department
head of the applicable inspecting department without the need for
the express approval of the Enforcement Officer, although the Enforcement
Officer shall be notified of the issuance of any such order for correction
of any violations under this article by such other Township department.
5.
Application for search warrant. In the event that permission to inspect
is denied, upon request, the Enforcement Officer, his designee, or
the applicable inspecting party is hereby authorized and empowered
to apply to any court of competent jurisdiction for a search warrant
for any structure and/or premises subject to this article whenever
necessary to inspect such structure and/or premises.
c.
CCO Application and Inspection Process.
1.
The CCO inspection application form shall be available at the Community
Development Office.
2.
The applicant shall submit a completed application and all required
fees to the Community Development Office no less than 10 business
days prior to the date that a new occupant, tenant, or owner is anticipated
to occupy the dwelling or space. Inspections can be requested up to
30 days before the desired inspection date and shall be scheduled
by the Enforcement Officer in the order that requests are received.
3.
The Enforcement Officer or his designee shall inspect the building
interior, exterior and outside premises to make sure that the premises
complies with the standards incorporated in this chapter as applicable
to the type of unit being inspected.
4.
Within 10 business days of receipt of a complete application, the
Enforcement Officer or his designee shall issue either a CCO certificate
or a CCO certificate denial.
5.
If a prospective occupant, tenant, or owner needs to move into an
uninspected unit within a time frame which does not allow for the
required five-day notification, the Enforcement Officer or his designee
shall conduct an inspection within 24 hours.
6.
If a denial CCO certificate is issued, the applicant shall perform
the required work and obtain all necessary inspections prior to requesting
a reinspection. The reinspection and issuance of a subsequent CCO
certificate or denial shall occur within three business days of receipt
of a request for reinspection.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Standards and Maximum Occupancy of Rental of Residential Dwellings
and Dwelling Units.
1.
Maximum occupancy. No person shall 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 regarding occupancy requirements and square footage requirements
which are adopted as the standards for the Township of Holmdel.
2.
Standards. All rented or leased dwellings or dwelling units shall
comply with the following codes and regulations, which are hereby
accepted, adopted and established as standards to be used as a guide
in determining whether dwellings in this municipality are safe, sanitary
and fit for human habitation and rental and incorporated herein by
reference and made a part of this chapter:
(a)
The most recently adopted International Property Maintenance Code
(IPMC) as amended as follows:
(1)
Section 101.1, Insert: "Township of Holmdel."
(2)
Section 102.3, Change: "International Existing Building Code"
to "Subchapter 6 of the New Jersey Uniform Construction Code."
(3)
Section 102.3, Change: "International Zoning Code" to "Holmdel
Township Zoning Code."
(4)
Section 103.5 (page 2) is hereby deleted in its entirety.
(5)
Section 304.14, Insert: "May 1" and "November 1."
(6)
Section 602.3, Insert: "October 1" and "June 1."
(7)
Section 602.4, Insert: "October 1" and "June 1."
(b)
N.J.A.C. 5:10, Maintenance of Hotels and Multiple Dwellings Regulations.
(c)
N.J.A.C. 5:70, New Jersey State Uniform Fire Code, including but
not limited to requirements for smoke detectors on each level of a
home with living space, including basements where applicable; carbon
monoxide detectors within 10 feet of every sleeping area; and an ABC-style
fire extinguisher placed within the kitchen(s) or within 10 feet of
all kitchens but not necessarily mounted.
b.
Standards for Single-Family Dwellings and Townhomes.
1.
All single-family dwellings and townhomes and associated property
shall be in compliance with the requirements of the following:
c.
Conditions Rendering Dwellings Unfit.
1.
For the purpose of this chapter, the Housing Inspector of the Township
of Holmdel may determine that a dwelling is unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwelling
or the occupants of neighboring dwellings or other residents of the
Township of Holmdel; 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.
2.
If the Housing Inspector determines that the dwelling under consideration
is unfit for human habitation 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
requiring:
(a)
The repair, alteration or improvement of the said 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 to
have said building vacated and closed within the time set forth in
the order.
(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 said building within the time
specified in the order, that the owner remove or demolish the said
building within a reasonable time as specified in said order of removal.
(c)
That, if the owner fails to comply with an order to repair, alter
or improve, or, at the option of the owner, to vacate and close the
building, the Housing Inspector may cause such building to be repaired,
altered or improved or to be vacated and closed, and that the Housing
Inspector may cause to be posted on the main entrance of any building
so closed, a placard with the following words: "This building is unfit
for human habitation or occupancy or use; the use or occupation of
this building is prohibited and unlawful."
(d)
That, if the owner fails to comply with an order to removal or demolish
the building, the Housing Inspector may cause such building to be
removed or demolished or may contract for the removal or demolition
thereof after advertisement for and receipt of bids therefor.
(e)
That 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 chapter determined in favor
of the municipality, and such cost of such repairs, alterations or
improvements, or vacating and closing, or removal or demolition, if
any, or the amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
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.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Registration Required.
1.
Every landlord of any dwelling or dwelling unit constituting rental
housing shall file with the Department of Community Development a
written registration statement. The registration statement shall contain
the following information on a form to be provided by the Township
of Holmdel:
(a)
The names and addresses of the owners in title of the property.
(b)
If the record landlord is a corporation, the name of the registered
agent that will accept all legal notices on behalf of the corporation.
(c)
If the landlord is an entity other than an individual (i.e., a corporation,
company, trade name, partnership, trust, condominium association,
LLC, LLP, or other legal entity), the name and address of each partner
and/or owner or person having a beneficiary interest; in the case
of a corporation, the names and addresses of each stockholder if the
total number of stockholders is 20 or fewer. In any event, with regard
to corporate ownership, the registry shall disclose the name and address
of any stockholder who owns, either directly or beneficially, 10%
of the stock of the corporation.
(d)
The name, address and telephone number of the managing agent of the
premises, if any.
(e)
The name, address and telephone number, including the dwelling unit,
apartment or room number, of the superintendent, janitor, custodial
or other individual employed by the record owner or managing agent
to provide regular maintenance service, if applicable.
(f)
The name, address and telephone number of an individual representative
of the landlord or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
property, or any unit or dwelling or commercial space therein, and
who has the authority to make emergency decisions concerning the building
or property and any repair thereto or expenditure in connection therewith.
(g)
The number of dwelling units by unit type.
2.
Penalty for not registering; emergency inspection.
(a)
A landlord who is determined to be renting a dwelling not previously
or currently registered shall be required to pay a penalty fee as
follows:
(1)
A penalty fee of $250 for the first offense; and
(2)
A penalty fee of $500 for a second or subsequent offense, all
such fees to be cumulative. A summons and complaint may be issued
to the owner for appearance in Municipal Court for a second or subsequent
offense, all such offenses to be cumulative.
(b)
In addition to the remedies set forth herein, any unpaid fees and
penalties pursuant to this section shall also be deemed a violation
of this chapter and subject to the penalties therein.
(c)
The affected dwelling shall immediately be subject to an inspection
and the landlord shall be required to pay the applicable penalty and
the inspection fee.
3.
If there is any change in any of the information on the landlord
registration statement, an amended registration statement must be
filed within 30 days and the amended statement posted and distributed
to tenants within seven days of filing. Failure to file such amended
registration statement shall result in the following administrative
penalties:
4.
The certificate of registration shall be posted in an inconspicuous
area to be designated by the landlord, but observable by the tenant.
5.
The initial registration for all buildings shall also be accompanied
by a floor plan and the square footage for each unit type to be used
by the Township in establishing maximum occupancy limits for each
unit type.
6.
Any unpaid fees or penalties required shall be charged against the
owner of the said premises, and the amount thereof shall become a
lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and shall be collected
and enforced by the same officers in the same manner as taxes. The
Township shall have the right to bring a summary action for collection
of such costs incurred in the Superior Court of New Jersey, Law Division,
Monmouth County.
b.
Information Required to Be Distributed to Tenants.
1.
The following information shall be provided to each tenant by the
landlord or the landlord's agent:
(a)
A truth-in-renting statement prepared by the Department of Community
Affairs in accordance with the Truth-in-Renting Act (N.J.S.A. 46:8-43
et seq.) shall be distributed to all tenants living in buildings with
more than two dwelling units.
(b)
A copy of the registration statement filed with the Township Clerk
and/or New Jersey Bureau of Housing Inspection.
(c)
A copy of the New Tenant Notification Form provided by the Township
of Holmdel. Said form shall be signed by the tenant and maintained
by the owner during the term of the tenancy. For buildings with more
than four units, the form shall be maintained in a log at the rental
office.
[Added 9-27-2022 by Ord. No. 2022-27]
a.
Requirement to Carry Insurance.
1.
The owner of a rental unit or units located within the Township of
Holmdel shall maintain liability insurance for negligent acts or 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 accident
or occurrence.
2.
The owner of a multifamily home of four or fewer units, one of which
is owner occupied, located within the Township of Holmdel 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.
b.
Registration of Certificate of Insurance; Certificate of Registration.
1.
Prior to January 1 of each calendar year, the owner of a rental unit or units or the owner of a multifamily home of four or fewer units, one of which is owner occupied, shall file a certificate of insurance demonstrating the level of coverage as required in Subsection a of this section along with payment of the fee required in Subsection c of this section.
c.
Fees. The fee for the issuance of a certificate of registration pursuant
to this section shall be $50 per year.
d.
Penalty for Noncompliance; Fines.
1.
If the owner of a rental unit or units or the owner of a multifamily home of four or fewer units, one of which is owner occupied, fails to file the required certificate of insurance with the Township of Holmdel and/or pay the corresponding fee as required in Subsection b1 within 10 days of any applicable deadline, the municipality may bring an action to impose a penalty pursuant to N.J.S.A. 2A:58-10 et seq. (the "Penalty Enforcement Law of 1999").
e.
Intent and Repealer.
1.
The provisions of this Section 20-6.1 are intended to codify and implement the provisions of P.L. 2022, c. 92, to the extent required for the Township to manage and charge an appropriate fee for the registration requirements imposed by state law.
2.
In the event that the provisions of P.L. 2022, c. 92, are repealed or modified to the extent that the Township is no longer required to accept registrations of certificates of insurance from the owners of rental units or multifamily homes of four or fewer units, one of which is owner occupied, the provisions of Section 20-6.1 shall immediately be deemed repealed and inoperable.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Commercial and Multifamily Properties.
1.
Scope and application. All commercial premises, shopping centers
and multifamily dwellings and any buildings situated thereon in the
Township of Holmdel shall comply with the provisions of this chapter,
whether or not such building shall have been constructed, altered
or repaired before or after the enactment of this code. This chapter
establishes minimum standards for the initial and continued occupancy
and use of all such buildings and premises and does not replace or
modify standards otherwise established for the construction, repair,
alteration or use of such buildings or premises contained therein.
Where there is a mixed occupancy with commercial and other uses on
the same premises, all such uses shall be nevertheless regulated by
and subject to the provisions of this chapter.
2.
Conflict with other laws. In any case where the provisions of this
chapter impose a higher standard than is set forth in any other ordinance
of the Township of Holmdel or under the laws of the State of New Jersey,
then the standards as set forth herein shall prevail, but if the provisions
of this chapter impose a lower standard than any other ordinances
of the Township of Holmdel or the laws of the State of New Jersey,
then the higher standard contained in any such other ordinance or
law shall prevail.
3.
Owner's liability. Owners and operators shall have all the duties
and responsibilities prescribed in this chapter, and no owner or operator
shall be relieved from any such duty and responsibility nor be entitled
to defend against any charge of violation thereof by reason of the
fact that the occupant is also responsible therefor and in violation
thereof.
4.
Occupant's liability. Occupants shall have all the duties and responsibilities
as prescribed in this chapter, and the occupant shall not be relieved
from any such duty and responsibility nor be entitled to defend against
any charge of violation thereof by reason of the fact that the owner
or operator is also responsible therefor and in violation thereof.
5.
Duty of occupant to report. Upon discovery by an occupant of any
condition of the premises which constitutes a violation of this chapter
by the owner or operator, the occupant shall report same to the Housing
Official, who shall be responsible for enforcement of the provisions
of this chapter.
6.
Responsibility for maintenance. Depending upon the nature of the
violation, the owner and/or tenant of the premises shall be responsible
for maintaining the property in compliance with this article.
b.
Applicable Codes, Standards, and Approvals.
1.
The most recent site plan approval approved by the Holmdel Planning
Board and/or the Holmdel Zoning Board.
2.
The most recent edition of the International Property Maintenance
Code (IPMC).
3.
The recent adoption of the ICC International Fire Code, New Jersey
Edition.
4.
N.J.A.C. 5:70, New Jersey State Uniform Fire Code.
c.
Additional Inspections.
1.
Engineering inspection. The request for a new or continued certificate
of occupancy for a commercial building which was the subject of a
site plan approval shall cause a reinspection of the site to insure
the site's adherence to the original approved site plan and any subsequent
amendments. This inspection shall be done by the Township Engineer's
Office.
2.
Items to be included in the inspection include but are not limited
to landscaping and turf areas, paving condition, curbs, sidewalks,
garbage enclosures, lighting, drainage structures, detention basins,
streams and creeks.
3.
Said inspection and report shall be completed within 15 days of the
applicant's request.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Purpose. The purpose of this section is to require the clear display
of authorized and assigned house or building numbers on every building
fronting on any street 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.
b.
Applicability. All dwelling houses, stores or other principal buildings
erected or to be erected within the Township shall display house numbers
assigned by the Construction Code Official as provided for herein
and in conformity with the specifications provided for herein.
c.
Placing of Numbers Required. 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.
d.
Specifications. House or building numbers shall be:
1.
In Arabic numerals.
2.
A minimum height of three inches.
3.
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.
4.
Sufficiently legible as to contrasting background, arrangement, spacing
and uniformity so as to be clearly visible from the street.
5.
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.
e.
Visibility of Numbers on Buildings Which Are Set Back. If the house or building has such a setback location that the provisions of § 20-8d4 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 on the premises that the number shall be conspicuous and visible from the street upon which the building fronts.
f.
Assignment of Numbers. House numbers shall be affixed based upon
the numerical street address and/or apartment number of the house
that is commonly known and utilized by the occupant for the receipt
of mail using the United States Postal Service. In the absence of
such a numerical street address and/or apartment number, a house number
shall be assigned by the Construction Code Official. Every owner,
occupant or lessee of a building to be constructed in the Township
shall apply to the Construction Code Official for an authorized number
in accordance with this section and applicable provisions of the Subdivision
Ordinance of the Township of Holmdel.
g.
Affixing of Numbers by Township; Costs. The Enforcement Officer shall
notify the owner, occupant or lessee of any building which does not
currently display an authorized number that the owner/occupant has
14 days to comply with the provisions of this section. 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,
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.
[Added 12-8-2020 by Ord. No. 2020-28]
[Added 9-27-2022 by Ord. No. 2022-25]
a.
APPROVALS
COLLABORATIVE WORKSPACE
ENFORCEMENT OFFICER
OPERATOR
PERMIT
PREMISES
SUBTENANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A commercial office or retail space that has at least five
different subtenants possessing exclusive and/or nonexclusive rights
to occupy a portion of the premises for office and related uses, with
no individual subtenant having an exclusive right to occupy more than
1,000 square feet of space of the premises.
The Zoning Officer or designated representative.
A person or entity that owns or holds a permanent leasehold
interest in a commercial office space that is operated as a collaborative
workspace and possesses a permit.
A collaborative workspace permit issued pursuant to the provisions
of this section.
The commercial office space comprising a collaborative workspace.
An entity or person that possesses a lease, sublease, license,
sublicense or similar agreement with the operator entitling it to
utilize a portion of the premises.
b.
Collaborative workspace permit.
1.
No operator shall operate a collaborative workspace within the Township
prior to obtaining a collaborative workspace permit pursuant to the
terms of this section.
2.
An operator shall make application to the Township for an annual
collaborative workspace permit, which shall contain the following
information:
(a)
A completed form prescribed by the Township's Enforcement
Officer containing all requested relevant information;
(b)
An application for all of the approvals relative to the premises;
and
(c)
Payment of an annual permit in the amount of $500 for every
4,000 square feet (gross area) of space or fraction thereof.
3.
The Enforcement Officer shall review to determine if the application
for a collaborative workspace permit is complete, including determining
if the proposed premises:
4.
If the Enforcement Officer finds that the premises satisfies the criteria set forth in subsection b3, the Enforcement Officer shall issue an annual permit. If only a portion of the proposed premises satisfies the criteria, the permit shall be limited to that portion, which shall thereafter be defined as the premises.
5.
A collaborative workspace permit issued during the course of a calendar
year shall be valid for the remainder calendar year in which it was
issued and expire on December 31 of that year.
6.
A collaborative workspace that is in operation in a given calendar
year must apply for and obtain a new permit for operation in the ensuing
year, which application shall be made prior to December 1 of the prior
calendar year, for issuance prior to January 1 of the ensuing calendar
year of licensure.
7.
The issuance of a collaborative workspace permit shall be considered
a prior approval to the issuance of a certificate of occupancy. Maintenance
of a permit shall be considered a condition of maintaining a certificate
of occupancy.
8.
If any portion of a premises that is subject to the collaborative workspace permit is modified or renovated, the operator must apply for a modification to the collaborative workspace permit, consistent with the requirements of subsection b2, except that the fee for a permit modification shall be $200.
c.
Collaborative workspace subtenants.
1.
Notwithstanding any Holmdel ordinances to the contrary, pursuant
to the holding of a valid permit, an operator may extend a lease or
license agreement to a subtenant to utilize all or a portion of the
premises, without needing to obtain any further approvals.
2.
A subtenant shall not utilize the premises for any use that is not
permitted under the approvals and/or applicable zoning. An operator
shall be responsible for ensuring that a subtenant does not utilize
the premises for any use that is not permitted under the approvals
and/or applicable zoning. A subtenant or operator shall contact the
Enforcement Officer for any determinations regarding uses that may
be necessary.
3.
As a condition of licensure, an operator shall provide to the Enforcement
Officer on a biannual basis, prior to January 1 and July 1 of each
year, an updated listing of all subtenants, including contact information
and nature of the business operating pursuant to the subtenancy within
the collaborative workspace. Failure to comply with this section shall
be a $500 penalty per violation.
d.
Penalty for Noncompliance.
1.
Any entity or person that violates the provisions of this section shall be subject to the penalties contained in Section 1-5.
2.
Any entity or person that possesses a permit and violates the provisions
of this section on a repeated basis shall be subject to revocation
of the permit, following notice and a hearing before the Enforcement
Officer.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Whenever the Enforcement Officer determines that there is or has
been a violation of any provision of this section, he may give a violation
notice of such violation to the person, persons or entities responsible
therefor. Such violation notice shall be in writing and shall include
a concise statement of the reasons for its issuance. Such violation
notice shall be deemed to be properly and sufficiently served if:
1.
A copy thereof is sent by certified mail and regular mail to the
last known address of the person or entity upon which the same is
served, as shown by the most recent tax records of the municipality;
or
2.
A copy thereof is handed to said person or persons; or
3.
A copy thereof is left at the usual place of abode or office of said
persons or entities. A violation notice shall be given as aforesaid
within or without the municipality.
b.
The violation notice shall also state that, unless the violation
is abated, cured, prevented or desisted within the compliance period
designated in the violation notice, exclusive of the date of service,
the Township may issue a summons for the violation. The Enforcement
Officer may extend the period for compliance with the requirements
of this section in regard to the violation stated in the violation
notice for a period in excess of the compliance period if, in his
judgment, the abatement, removal, prevention, cessation or cure of
the condition violated cannot reasonably be effected within the compliance
period, and in such cases, the Enforcement Officer shall state such
reasonably required extended period in the notice, which shall then
be applicable instead of the aforesaid compliance period.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Violations and Penalties.
1.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
minimum mandatory fine of $500 up to a maximum mandatory fine of $1,250,
provided that the owner of the subject property shall be afforded
a thirty-day period to cure or abate such condition and shall also
be afforded an opportunity for a hearing before the Municipal Court
for an independent determination concerning said violation. Subsequent
to the expiration of the thirty-day cure period, a fine greater than
$1,250, but not greater than $2,000, may be imposed if the Municipal
Court has determined or, upon reinspection of the subject property,
it is determined that the abatement or cure of the condition has not
been substantially completed. Notwithstanding the above to the contrary,
solely in cases of illegal occupancy, overcrowding and conditions
constituting unsafe ingress and egress in violation of the requirements
of the Uniform Construction Code, there shall be a minimum fine of
not less than $1,000.
2.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $2,000 or by imprisonment for a term not to
exceed 90 days, or by both such fine and imprisonment, in the discretion
of the judge. The continuation of such violation on each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
3.
Any person or entity who shall violate any of the provisions of this
chapter or any order promulgated hereunder shall, after a summons
is issued under the terms hereof; be punished as follows:
(a)
For a first offense, by a fine of not less than $100 and not
to exceed $250.
(b)
For a second offense within two years of any prior conviction
under this chapter, by a fine not less than $250 and not to exceed
$500.
(c)
For a third offense or any subsequent offenses within 10 years
of any prior conviction under this chapter, by a fine of not less
than $500 and not to exceed $1,250 or by imprisonment in the county
jail for a period not to exceed 90 days, or both fine and imprisonment.
Each violation of any of the provisions of this chapter and each day
that each such violation shall continue shall be deemed to be a separate
and distinct offense.
4.
Whenever the Enforcement Officer determines that there is or has
been a violation of any provision of this chapter, he may give a violation
notice of such violation to the person, persons or entities responsible
therefor. Such violation notice shall be in writing and shall include
a concise statement of the reasons for its issuance. Such violation
notice shall be deemed to be properly and sufficiently served if:
(a)
A copy thereof is sent by certified mail and regular mail to
the last known address of the person or entity upon which the same
is served, as shown by the most recent tax records of the municipality;
or
(b)
A copy thereof is handed to said person or persons; or
(c)
A copy thereof is left at the usual place of abode or office
of said persons or entities. A violation notice shall be given as
aforesaid within or without the municipality.
5.
The violation notice shall also state that, unless the violation
is abated, cured, prevented or desisted within the compliance period
designated in the violation notice, exclusive of the date of service,
the Township may issue a summons for the violation. The Enforcement
Officer may extend the period for compliance with the requirements
of this chapter in regard to the violation stated in the violation
notice for a period in excess of the compliance period if, in his
judgment, the abatement, removal, prevention, cessation or cure of
the condition violated cannot reasonably be effected within the compliance
period, and in such cases, the Enforcement Officer shall state such
reasonably required extended period in the notice, which shall then
be applicable instead of the aforesaid compliance period.
6.
Notices and/or orders issued by the Housing Inspector pursuant to
this chapter shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by said Housing Inspector in the
exercise of reasonable diligence, and the said Housing Inspector shall
make an affidavit to that effect, then serving of such complaint or
order upon such persons may be made by publishing the same once each
week for two successive weeks in a newspaper printed and published
in the County of Monmouth.
b.
Summonses.
1.
Initial violation. Whenever the Enforcement Officer determines that
there is or has been a violation of any provision of this chapter
which, after notice of violation has been issued, has not been abated,
cured, prevented or desisted within the compliance period designated
in the original violation notice, the Enforcement Officer may issue
a summons of such violation to the person, persons or entities responsible
therefor. Such summons shall be deemed to be properly and sufficiently
served if:
(a)
A copy thereof is sent by certified mail to the last known address
of the person or entity upon which the same is served, as shown by
the most recent tax records of the municipality; or
(b)
A copy thereof is handed to said person or persons; or
(c)
A copy thereof is left at the usual place of abode or office
of said persons or entities. The summons shall be served as aforesaid
within or without the municipality.
2.
Repeat violations. Whenever any violation reoccurs within one year
from the prior violation, or said person, persons, or entities violate
a similar provision under this chapter, the Enforcement Officer may
issue additional summonses without the necessity of an additional
violation notice and cure period, such summons to be in writing and
to include a concise statement of the reasons for its issuance. Such
summons shall be deemed to be properly and sufficiently served if
(a)
A copy thereof is sent by certified mail to the last known address
of the person or entity upon which the same is served, as shown by
the most recent tax records of the municipality; or
(b)
A copy thereof is handed to said person or persons; or
(c)
A copy thereof is left at the usual place of abode or office
of said persons or entities. The summons shall be served as aforesaid
within or without the municipality.
3.
Continued violations. At the discretion of the Enforcement Officer,
additional summonses may be served each and every day that the violation
continues. Service of such summonses shall be in accordance with the
provisions set forth hereinabove.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Whenever any nuisance or any unsanitary or unhealthy condition in
violation of this chapter is found on any premises within the Township
of Holmdel, the Housing Official or Health Officer shall order the
owner, operator or occupant to correct the violation or to remove
and abate the nuisance or condition by notice in writing, which shall
be served on the owner, occupant or operator in the following manner:
1.
Where the owner resides in the Township, or in the case of an operator
or occupant, written notice shall be served by delivering a copy to
him personally, or by leaving a copy thereof at his dwelling house
or usual place of abode with some competent member of his family of
the age of 14 years or over then residing therein, or by delivering
a copy thereof to a person authorized by appointment or by law to
receive service of process on his behalf.
2.
Where the owner resides outside the Township or where the resident
owner or the operator or occupant cannot be served as set forth above,
written notice shall be mailed to the owner, operator or occupant
by certified mail at his last known address.
3.
Where the owner, operator or occupant cannot be served as set forth
above, it shall be sufficient to post a copy of the notice in a conspicuous
place on the premises. Such notice shall be in writing, directing
the removal of the unsanitary or unhealthy condition or the abatement
of the nuisance at the owner's expense, and shall call for a hearing
before the Board of Health of the Township of Holmdel.
b.
Whenever any nuisance is not removed and abated or any unsanitary
or unhealthy condition in violation of this chapter is not corrected
after notice and hearing before the Board of Health, the Housing Inspector,
the Building Inspector or Health Officer shall abate and remove such
nuisance or correct such unsanitary or unhealthy condition on direction
of the said Board of Health.
c.
Abatement of Violations by Township. Whenever any violation or nuisance,
as defined under this chapter, is not removed and abated and/or any
unsanitary or unhealthy condition in violation of this chapter is
not corrected after notice, summons and hearing before the Municipal
Court or Board of Health or other appropriate tribunal, as applicable,
the Township may, either with Township equipment and labor or by contract
with third parties, undertake to abate and cure such violation, nuisance
and/or correct any such unsanitary or unhealthy condition or to generally
put the premises in proper condition so as to comply with the requirements
of this chapter. The remuneration of the Township's expenditure for
such abatement, cure and/or removal shall be in accordance with the
provisions of § 20-12d hereinbelow.
d.
Assessment for Township's Cost of Removal; Lien. Where abatement
of any nuisance or correction of any unsanitary or unhealthy condition
requires expenditure of the Township of Holmdel moneys therefor, in
addition to other remedies provided by law, the Building Inspector
or Health Officer may, in accordance with the provisions of N.J.S.A.
40:48-2.12f, arrange for the cost of said abatement to be charged
against the premises, and the amount thereof shall become a lien upon
such lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes and shall be collected and enforced by the
same officers in the same manner as taxes. The governing body may
then approve the expenses and costs, whereupon they shall become a
lien against the commercial premises, collectible as provided by law.
A copy of the resolution approving the said expense shall be certified
to the Township Clerk and filed with the Tax Collector of the Township
of Holmdel, who shall be responsible for the collection thereof, and
a copy of the report and resolution shall be sent by certified mail,
return receipt requested, to the owner of the commercial premises.
The Township shall have the right to bring a summary action for collection
of such costs incurred in the Superior Court of New Jersey, Law Division,
Monmouth County.
e.
If the building is removed or demolished, any salvageable materials
of such building shall be sold and the funds credited against the
cost of the removal or demolition thereof 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 of if
the sum of the 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 by the Housing Inspector, shall be secured in such
manner as may be directed by such Court and shall be disbursed according
to the order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of such Court; provided, however,
that nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise. Any owner or party in interest may, within 60 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.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Whenever the Enforcement Officer finds that an emergency condition
in violation of this section 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 chapter,
if such emergency exists, such order shall be effective immediately
and any person to whom such order is directed shall comply therewith
immediately. Failure to abate the emergency condition immediately
may result in the municipality exercising its powers. 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 Enforcement Officer shall continue such order in effect,
or modify it or revoke it.
[Added 12-8-2020 by Ord. No. 2020-28]
a.
Any evictions by landlord/owners of property that are required as
a result of violations of housing standards, occupancy limits and
overcrowding as set forth under N.J.S.A. 2A:18-61.1(g) shall be made
in accordance with N.J.A.C. 5:11-2.3, which requires that when a landlord
is cited for a violation pursuant to illegal occupancy which could
potentially result in an eviction of this tenants, the following must
be included by the landlord/owner as an insert sent with the violation
notice:
"If, in seeking to correct the illegal occupancy for which you
have been cited, it is necessary for you to evict one or more tenants
to comply, you must notify those tenants of their potential eligibility
for relocation assistance."
