Township of Pemberton, NJ Housing Standards

Certificates of occupancy-transfer, which indicate the use of the structure is appropriate for the class of the property, the property complies with building codes and zoning provisions, and the structure is suitable for occupancy, shall hereafter be required for human habitation of all existing dwelling units in Pemberton Township before a change in occupancy of any such unit occurs from its change in ownership or rental tenancy.

Responsibility for obtaining certificate of occupancy-transfer. The owner of each dwelling unit subject to this chapter shall be responsible for making written application to the Housing Officer for a certificate of occupancy-transfer. In the event that a change of occupancy is also accompanied by a change of ownership of a dwelling unit, the buyer of such dwelling unit may waive the seller's responsibility and assume the same; however, that such waiver shall be in writing, which said waiver shall further state that the buyer is fully aware that he, she or it is assuming full responsibility for obtaining a certificate of occupancy-transfer pursuant to this chapter, and provided further that such written waiver shall be filed with the Housing Officer.

Application for a certificate of occupancy-transfer shall be made to the Housing Officer of this Township on a form provided by Pemberton Township.

The Housing Officer shall thereupon cause inspection to be made of the subject dwelling unit to determine if such unit is fit for human habitation and in compliance with all applicable Township ordinances and laws of the State of New Jersey related to maintenance, safety and health.

(5)

Inspection of existing dwelling units. The Housing Officer shall inspect and verify the working condition and safety of the following conditions of the property prior to the issuance of any certificate of occupancy-transfer:

(a)

Property identification (911 numbering);

(b)

Cleanliness of walls and ceilings;

(c)

Doors and all handles, knobs and other door structures;

(d)

Windows, storm windows and screens;

(e)

Exterior paint;

(f)

Exterior maintenance;

(g)

A visual inspection of the roof;

(h)

A visual inspection of the chimney;

(i)

Basement, including windows and screens;

(j)

Kitchen and bathroom, including cleanliness of sinks, tubs, and showers;

(k)

Smoke detectors, carbon monoxide detectors and fire extinguishers which shall be inspected in accordance with Chapter 70 of Title 5 of the New Jersey Administrative Code;

[Amended 8-16-2023 by Ord. No. 34-2023]

(l)

Electrical outlets and electrical switches;

(m)

Electrical fuse box or panel cover;

(n)

Electrical outlets and switch covers;

(o)

Windows must be in good condition, no cracks, and must have screens;

(p)

Sidewalks;

(q)

Exterior lawn, shrubs, trees;

(r)

Maximum bedroom occupancy; and

(s)

Such other criteria and/or items that the Housing Officer deems appropriate.

(6)

Application.

(a)

The application for a certificate of occupancy-transfer or annual rental inspection shall be filed with the Housing Officers office and be accompanied by a fee of $100. The following requirements shall be satisfied as part of the application for a certificate of occupancy-transfer:

[1]

On-site sewage/septic inspection required. As a condition to the submission of a certificate of transfer application or annual rental inspections application, the owner, purchaser, lessor, lessee, or occupant of each residential unit shall provide to the Housing Office a certificate or report issued by a New Jersey licensed independent inspection company indicating that an inspection of the on-site sewage disposal septic system was conducted and meets the current standards required by the Burlington County Health Department and/or the New Jersey Department of Environmental Protection.

[2]

Properties serviced by Public Sewer shall provide an account number at the time of application submission.

[3]

Compliance with Private Well Testing Act required. The Housing Officer is hereby authorized and directed, as part of their inspections set forth in the Code, to require that all dwellings, dwelling units, rooming units and premises located within the Township comply with all the terms and conditions of N.J.S.A. 58:12A-26 et seq. (Private Well Testing Act). The requirements set forth within the Act shall be a condition of the issuance of a housing permit and/or certificate of occupancy for a resale or rental property. In addition to the requirements set forth in the Act, the owner, prior to a transfer of the structure set forth herein, shall be required to remediate any deficiencies without any exceptions. There shall be no exemptions or temporary permits issued wherein it is determined that there is noncompliance with the Act or the requirements of the Township Code.

[4]

Properties serviced by Public Water shall provide an account number at the time of application submission.

(b)

The Housing Officer or his/her representative shall, within 10 working days of the receipt of a fully completed application for certificate of occupancy-transfer or periodic rental inspection and the accompanying fee pursuant to § 115-3C(6)(a), make such inspections as required herein and, upon determining that the requirements have been complied with, issue a certificate of occupancy-transfer.

(c)

If, upon completion of the inspection or inspections, the Housing Officer or his/her representative finds the subject dwelling unit is not in compliance with the Pemberton Township Housing Code, said Officer or his/her representative shall notify the applicant in writing of such noncompliance within the said 10 working days. Said notice shall specifically set forth the violation or violations that require correction.

(d)

Upon correction of the violations, the applicant shall notify the Housing Officer in writing. Upon receipt of the notification, the Housing Officer or his/her representative shall reinspect the subject dwelling. If all violations have been corrected, a certificate of occupancy will be issued. If all violations have not been corrected, a certificate of occupancy will not be issued. For each subsequent reinspection, the applicant shall notify the Housing Officer in writing and shall submit a reinspection fee of $50. This procedure shall be followed until all violations have been corrected, at which time a certificate of occupancy shall be issued. At the discretion of the Housing Officer or his/her designee, a temporary certificate shall be allowed to be issued for 60 days when nonlife-threatening repairs are found after the initial inspections is conducted and will allow a new occupant to occupy the premises after the temporary certificate of transfer form is signed by all parties and the reinspection fee of $50 is paid to the Housing Office.

(e)

The Housing Officer or his/her designee shall furnish copies of all regulations referred to herein to any person requesting the same for a fee commensurate with the costs of reproducing such regulations.

§ 115-4 Notice of violations; hearings; appeals; emergencies.

Whenever the Housing 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 or persons responsible therefor as hereinafter provided.

The violation notice shall specify the violation or violations committed, what must be done to correct same and a reasonable period of time, depending on the nature of the violation to be corrected, to correct or abate the violation. This period of time is not to exceed 10 days except to correct or abate a violation of a capital improvement. The time period shall commence from the date of receipt of this notice. The notice shall also advise the recipient that if the violation is not corrected or abated, the municipality will pursue remedies in municipal court and that any fines assessed shall become a lien on the subject property if unpaid within 30 days of the fine assessment. The notice will also advise the resident of any funding or programs that may help in the abatement of the violation or violations. The notice shall also advise the recipient of the office hours and phone number where the appropriate enforcement official can be reached to discuss the violation or violations. The Housing Officer will maintain a file of violation notices for public inspection that includes the follow-up and outcome of each violation notice issued.

Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served, or as otherwise designated by the owner/occupant by written request to the Housing Officer. In cases where the premises are occupied, notice may be accomplished by posting upon the front door of the structure. Where it is ascertained the owner does not reside on the premises, the "last known address" shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, service may be accomplished by mailing the notice with postage prepaid to the mortgagee, if there is one, and by posting the notice on the front door of the premises and printing the notice in the legal advertising media at least one time. The Housing Officer shall file and provide notice to any owner, operator or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the enforcing officer personally or by certified mail addressed to the enforcing officer. Service upon an owner, operator or occupant may also be attained by service of any notice upon a member of the family over 14 years old of the owner, operator or occupant. Date of service of notice shall be determined, where service is by mail, as of the day following the day of mailing for notices to addresses within the Township, and as of the third day after the day of mailing for notices to addresses outside the Township. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.

The Director of Community Development or his designee may extend the time for correction or abatement of the violations 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. Requests for extensions shall be given in writing by the property owner stating the date by which the violations contained in the notice shall be abated.

Where there exists a violation of 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 said notice, shall commence within such period legal action to dispossess, evict or eject the occupants who cause the violation. No further action hereunder shall then be taken against the owner or operator so long as the action aforesaid is pending in the court and is prosecuted expeditiously and in good faith.

Whenever the Housing 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 chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, within a period of time not to exceed three days, and upon failure to do so, the Director of Community Development shall immediately refer the matter to the Municipal Court.

§ 115-5 Rules and regulations.

The Director of Community Development is hereby authorized and empowered to make and adopt such written rules and regulations as he may be deemed 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 anywise alter, amend or supersede any of the provisions thereof. Prior to issuance, the Director of Community Development shall forward a copy to the Township Business Administrator and thereafter file a certified copy of all rules and regulations in the office of the Township Clerk. The following housing requirements shall be enforced:

Cellars and basements. No cellar area or any part thereof shall be used for sleeping purposes. Basements may be used for sleeping purposes, provided that the entire basement complies with all requirements of this chapter, that all furnaces or other heating or hot-water facilities are so located, insulated and separated from living areas by resistive partitions of two-hour fire rating, that fire extinguishers are provided at an accessible location in proximity thereto for use in case of fire and that the floors, ceilings and walls are impervious to leakage of underground and surface runoff water and are insulated from and free from dampness and moisture.

Heat. Every dwelling unit shall have heating facilities which are properly installed, maintained in good and safe working condition and capable of safely and adequately heating all applicable rooms, bathrooms and water closets located therein to a temperature of at least 70° F. when the outside temperature is 0° F. The temperature shall be read at a height of three feet above floor level at the center of the room.

[Amended 8-16-2023 by Ord. No. 34-2023]

All heating facilities located on the same floor with sleeping or living facilities shall be separated from said sleeping or living facilities by a fire-resistant wall.

Lighting and ventilation.

Every habitable room shall have at least one window or skylight facing directly to outdoors, which shall be of sufficient size and location so that, when combined with artificial lighting and ventilating devices, said room will be fit for human occupancy, in accordance with the minimum standards hereinafter set forth with respect to lighting and ventilation.

Means of ventilation shall be provided for every habitable room. Such ventilation may be provided by an easily operable window or skylight, or by other acceptable means, which will provide at least two air changes per hour.

Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided by an easily operable window or skylight or by other acceptable means which will provide at least six air changes per hour.

Kitchen. Every dwelling unit in which the regular preparation of meals is to be accomplished must be equipped with a means of natural ventilation or mechanical ventilation sufficient to promptly remove cooking odors to the exterior of the premises.

Maintenance.

Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be kept in good repair and capable of the use intended by its design, and any exterior parts or part thereof subject to corrosion or deterioration shall be kept well painted.

Every inside and outside stairway and porch and appurtenance thereof shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and kept in sound condition and good repair. Every stairway having three or more steps shall have a handrail per code.

Every porch, balcony, roof and/or similar place higher than 30 inches above the ground used for egress or for use by occupants shall be provided with adequate railings. Such protective railings shall be properly balustraded and shall not be less than three feet in height.

Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.

(5)

Every foundation, floor and wall shall be free from chronic dampness.

(6)

Every dwelling unit shall be free from rodents, vermin and insects. Rodents or vermin extermination and rodent proofing or vermin proofing may be required by the inspecting officer or the Board of Health.

[Amended 8-16-2023 by Ord. No. 34-2023]

(7)

Every dwelling unit shall be clean and free from garage or rubbish and other hazards to safety. Lawns, hedges, trees, brushes, and other forms of vegetation shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Fences shall be kept in good repair.

[Amended 8-16-2023 by Ord. No. 34-2023]

(8)

The Housing Officer, Code Official or Board of Health may issue an order to clean, repair, paint, whitewash or paper such walls or ceilings when a wall or ceiling in a dwelling has deteriorated so as to provide a harborage for rodents or vermin, or when such wall or ceiling has become stained or soiled or where the plaster wallboard has become loose or badly cracked or missing.

Fire protection. Each dwelling unit shall contain a fire extinguisher on every floor or portion thereof used as a residential dwelling. These should be kept in a designated location in a condition which will permit efficient operation without delay.

[Amended 8-16-2023 by Ord. No. 34-2023]

Smoke detector required. In addition to the requirements for a certificate of occupancy-transfer set forth above, smoke detectors shall also be provided in each dwelling unit in compliance with N.J.A.C. 5:18-2.20. Smoke detectors shall be installed as follows:

On each level of the premises.

Outside of each separate sleeping area. The smoke detectors required in all Use Group R-3 dwellings shall be located in accordance with NFPA 74 and maintained in working order.

The smoke detectors shall not be required to be interconnected. Smoke detectors may be battery powered and shall be listed in accordance with ANSI/UL217.

A/C powered smoke detectors shall be accepted as meeting the requirements of this section.

(5)

Wireless smoke detectors and carbon monoxide detectors shall be accepted as meeting the requirements of this section.

§ 115-6 Order to repair or remove; work by Township; costs.

If, the Director of Community Development determines that the dwelling having been inspected pursuant to Chapter 115 of the Township Code is unfit for human habitation as herein defined, 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:

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; and

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 the said order of removal.

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 Officer may cause such building to be repaired, altered or improved, or to be vacated and closed. The Housing Officer 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."

If the owner fails to comply with an order to remove or demolish the building, the Housing Officer 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.

Costs of proceedings.

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 costs 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. If the building is removed or demolished by the Housing Officer, he shall sell the materials of such building. There shall be 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 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 by the Housing Officer and 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.