[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 3-20-1989 by Ord. No. O:90-5(Ch. 15B of the 1969 Code). Amendments noted where applicable.]
[Amended 10-2-1990 by Ord. No. O:90-27; 3-19-1991 by Ord. No. O:91-9; 4-9-2025 by Ord. No. O:2025-06]
A. 
No person, firm, corporation or any combination thereof shall occupy any residential, commercial, industrial or other structure in the Town of Phillipsburg unless said person, firm or corporation shall first obtain from the Town of Phillipsburg a certificate of habitability in accordance with this chapter.
B. 
Any violation of this section to which the defendant chooses to plead "guilty" shall result in a fine as follows:
(1) 
Plea of guilty: $150.
[Amended 3-19-1991 by Ord. No. O:91-9]
A. 
No person, firm, corporation or combination thereof who owns residential, industrial or other structures shall permit the same or part thereof to be occupied by another without first securing from the Code Enforcement Office of the Town of Phillipsburg a certificate of habitability for said structure. Those who must obtain a certificate of habitability under § 219-2C of this chapter shall be exempt from this requirement.
B. 
No persons, firms, corporation, association, partnership, or any combination thereof owning a structure shall allow the same to be leased or rented without registering for the certificate of habitability with the Code Enforcement Office of the Town of Phillipsburg.
[Amended 1-2-2008 by Ord. No. O:2007-28]
C. 
Persons, firms or corporations or any combination thereof who rent or lease a structure or portion thereof and who have registered for a certificate of habitability shall allow the Code Enforcement Office to inspect the same on the time and date prescribed by the Code Enforcement Officer and shall further comply with all the requirements necessary for issuance of a certificate of habitability prescribed by the Code Enforcement Officer within the time period prescribed.
D. 
No person, firm, corporation or combination thereof who owns any unoccupied residential, commercial, industrial or other structure or portions thereof shall permit the same to be reoccupied without first securing from the Code Enforcement Office a certificate of habitability.
A. 
No certificate of habitability shall be issued for a structure unless the condition of the same complies with all health, safety, fire and departmental regulations established pursuant to said ordinances or laws and the Property Maintenance Code of the Town of Phillipsburg (Chapter 447 of the Code of the Town of Phillipsburg).
B. 
Once a certificate of habitability has been issued, it shall be valid for two years from the date of issuance absent any substantial change to the premises following the date of issuance.
[Amended 10-2-1990 by Ord. No. O:90-27]
All rental structures registered for a certificate of habitability inspection will be assigned for a date and time for an inspection by the Code Enforcement Officer. Thereafter, the structure and its units will require inspections and certificates of habitability every 24 months. Structures found not to be in conformance with the standards of this chapter may, at the discretion of the Code Enforcement Officer, be required to have periodic inspections of less than two years. The Code Enforcement Officer may establish categories of structures and schedules of inspections.
In any case where there may be a conflict in the provisions of the codes of the Town of Phillipsburg or in the regulations of the State of New Jersey, the higher standards for the promotion and protection of the safety and health of the people shall prevail.
The Code Enforcement Officer of the Town of Phillipsburg shall be the officer who has the duty to enforce said ordinance.
[Amended 6-26-2024 by Ord. No. O:2024-12]
A. 
The following fee schedule shall be used and said fees shall be paid prior to inspections being made.
(1) 
Certificates for the sale or transfer of property or tenant unit;
Units per Lot
Fee per Unit
1 to 19
$100
20 to 49
$2,000, plus $75 per unit for the 21st through 49th units
50 plus
$4,250, plus $50 per unit for each additional unit.
(2) 
$200 commercial certificate for units or structures without a recent valid certificate or where previously vacant for a period of two years or greater; where greater than 2,000 square feet, $50 non-prorated fee per increment of 1,000 square feet up to 10,000 square feet.
(3) 
$50 commercial certificate for changes in tenancy or occupancy of B use groups in identified historic, downtown or neighborhood business locations.
(4) 
Conditional certificate: $100 affidavit fee plus $50 per additional covered unit beyond five.
(5) 
$100 per building on commercial, industrial, multiple dwellings, mixed use, or garden apartment properties containing 10 or more units, unit floor area(s) greater than 2,000 square feet, or with more than one principal use or structure.
(6) 
Where not specifically indicated or as determined by Town officials, the fee schedule in Subsection A(1) above to be used.
B. 
All checks shall be made payable to the Town of Phillipsburg.
A. 
The Code Enforcement Officer of the Town of Phillipsburg shall consider issuing the certificate of habitability upon written application therefor, stating the name and address of the owner and a description of the premises to be occupied, including the street address, property block and lot number and apartment number.
B. 
For structures for rent or lease, the Code Enforcement Officer will register the structure after the owner provides the name and address of the owner, the name and address of the rental agent, if any, the name of the property, the tenants and a description of the premises, including the number of units, the street address, the property block and lot number and the apartment number.
A. 
The Code Enforcement Officer of the Town of Phillipsburg shall have such powers as may be necessary to carry out the intent and purposes of this chapter, including but not limited to the following enumerated powers:
(1) 
To investigate the habitable conditions of the Town of Phillipsburg in order to determine which houses, apartments or other structures, including a mobile home and a modular unit, are unfit for human habitation.
(2) 
To enter upon said premises for the purposes of making examinations incidental to his duties.
(3) 
To delegate any of the functions and powers to the employees of the Town of Phillipsburg as the Code Enforcement Officer may designate or as may be designated by the Council of the Town of Phillipsburg.
B. 
Upon application of a property owner, the Code Enforcement Officer shall make an inspection of said house, apartment or other structure for which there has been an application for an occupancy permit within five working days from receipt of said application and the payment of the fee or, where applicable, on the date prescribed upon registration.
C. 
The Code Enforcement Officer shall make a report promptly after such inspection and advise the applicant of any violations of the BOCA National Existing Structures Code and housing and property maintenance provisions in Chapters 447 and 545 of the Town Code of the Town of Phillipsburg.
D. 
The Code Enforcement Officer may issue one certificate of continued occupancy for a determined period of time for a maximum of 180 days for the purpose of allowing the applicant to abate violations of the ordinance and to seek a certificate of habitability.
[Amended 1-5-1993 by Ord. No. O:92-28]
A. 
When a certificate of habitability is required due to the sale of property, sidewalks, curbs and gutters shall be constructed in accordance with Chapter 545, Streets and Sidewalks, of the Town Code.
B. 
The Town Council may waive the requirement for sidewalks, curbs and gutters if either of the following two conditions exists:
(1) 
No sidewalks, curbs or gutters are installed on adjacent properties.
(2) 
The Municipal Engineer certifies that the existing conditions prohibit the required improvements from being made in a safe fashion.
Violations of the foregoing codes and ordinances or noncompliance therewith shall be grounds for denial of the habitability permit.
The provisions of this chapter shall not apply to hotels, motels or other residential units which are generally occupied by tenants or guests for less than 30 successive days.
Any individual person, group of persons, associations, partnerships or corporations, or any combination thereof, violating any of the terms of this chapter shall, upon conviction thereof, be subject to a fine or imprisonment as provided in Chapter 1, General Provisions, Article II, General Penalty.
[Added 10-7-2008 by Ord. No. O:2008-25]
A. 
No owner and/or tenant shall be permitted to occupy a property that was previously unoccupied, for a period exceeding one year, without first obtaining a certificate of habitability for said property.
B. 
In order for a property to be deemed unoccupied it must be legally unoccupied and/or have been without one or more of the following utility services: heat, electricity or water services, for a period exceeding one calendar year so as to create a danger to future occupants. A property does not need to be deemed uninhabitable or abandoned under the Town Code in order for the property to be deemed unoccupied for purposes of this section.