A code for the purpose of establishing standards governing supplied
utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation
and governing the condition of dwellings is hereby established for
the Township. As required by the New Jersey Laws of 1946, Chapter
21, as amended, N.J.S.A. 40:49-5.2, three copies of said code shall
be on file in the office of the Township Clerk and the code is hereby
adopted and incorporated as if fully set forth herein. The code herein
adopted is commonly known and described as the "New Jersey State Housing
Code."
No person shall occupy as owner, tenant or occupant any dwelling
or dwelling unit for the purpose of living therein which does not
conform to the provisions of the New Jersey State Housing Code established
in this chapter as the standard to be used in determining whether
a dwelling is safe, sanitary and fit for human habitation. Every dwelling
or dwelling unit shall be subject to inspection by the construction
official or designated representative for compliance with the provisions
of the New Jersey State Housing Code not earlier than 60 days nor
later than 10 days prior to a change in ownership, tenancy or occupancy.
Prior to any change in ownership or occupancy of any house,
dwelling, apartment unit, boardinghouse unit, rooming house unit or
premises, whether by transfer of title, change of renting or leasing
tenants, or otherwise, which is used, partially used or intended to
be used for human occupancy, a certificate of conformity shall first
have been obtained from the Construction Official or designated representative,
stating that the building, or the specified portion thereof, or particular
unit therein, or premises complies with the requirements of the New
Jersey State Housing Code and all other codes and ordinances of the
Township regulating and governing matters of health, sanitation, maintenance,
and use of any structure for human occupancy. Such certificate of
conformity shall be requested, processed, and issued in accordance
with the following:
A.
Application shall be made, in writing, by the owner or the owner's
agent or representative to the construction official prior to a change
in ownership or occupancy, requesting an inspection by the said construction
official or designated representative, specifying the premises to
be inspected, the location thereof, agent information if applicable,
the name of the present owner(s) and tenant(s) and lessee(s) and the
name of the prospective purchaser(s) or tenant(s) and lessee(s). The
fee for such inspection shall be as set forth by Bordentown Township
resolution, and shall be tendered and paid to the Construction Official
with the application.
B.
The requested inspection shall be made, and an inspection report
containing all existing violations as may be found of all Township
codes and ordinances regulating and governing matters of health, sanitation,
maintenance, and use of any structure for human occupancy shall be
set forth as separate items by the inspecting official in a written
report.
C.
All of said violations shall be corrected prior to any change of ownership or occupancy or, in the alternative, may be assumed by the prospective purchaser on the condition that such violations be corrected prior to occupancy, and a letter of knowledge and intent form must be submitted to the Construction Official, signed by the prospective purchaser. Violations set forth in Subsection
D of this section must be corrected prior to a change in ownership or occupancy.
D.
All violations which in the judgment of the inspecting official
pose a positive, clear, and serious present or potential threat to
the health, safety or welfare of any present or potential occupant
shall be so designated upon the inspection report, and such violations
must be corrected prior to any change in ownership or occupancy.
E.
Any additional or later reinspection(s) shall only be made upon
payment of the inspection fee as set forth by Bordentown Township
resolution, and shall be tendered and paid to the Construction Official.
F.
The Township shall not, by the performance of inspections and
reinspections required by this chapter, become or be considered to
be a guarantor to any owner, purchaser, tenant or other person as
to the condition of any building, unit or premises inspected, or a
participant in any contractual relationship between any persons or
parties as to same.
G.
Upon an inspection report being rendered without any violation
being disclosed, or upon any disclosed violation(s) being remedied
and corrected prior to reinspection, and such reinspection being performed
as required, the construction official shall issue to the applicant
a certificate of conformity for the subject premises so qualifying
which shall be valid until the next occurring change in ownership
or occupancy, or any subsequent inspection by the construction official
or representative as shall disclose ordinance violations, whichever
occurs first.
H.
Any person who shall be the owner, purchaser, tenant, lessee, agent of owner, rental agent, or real estate agent, broker, firm, company, partnership or corporation and shall transfer, sell, buy, occupy, rent, lease or otherwise change the ownership or occupancy of any structure regulated or encompassed by this chapter without complying with the requirements concerning the obtaining of a certificate of conformity shall be subject to the penalty set forth in Chapter
1, Article
II, General Penalty, of the Code of the Township of Bordentown.
[Amended 4-9-2018 by Ord.
No. 2018-12]
The enforcement procedure for the "New Jersey State Housing Code" shall be as provided in §§
204-4,
204-6 and
204-7, as the same shall apply to violations of said code. Penalties shall be as set forth in Chapter
1, Article
II, General Penalty, of the Code of the Township of Bordentown. Enforcement responsibilities for all residential dwellings shall be as established and approved by resolution and agreement between the Township of Bordentown and Fire District 1 and Fire District 2.