[Adopted 1-3-1984 by Ord. No. 83-10]
The Director of the Division of Housing and
Code Enforcement is designated as the officer to exercise the powers
prescribed by this article.
The Director of the Division of Housing and Code Enforcement
of the City of Bridgeton.
Any room or rooms, or suite or apartment thereof, whether
furnished or unfurnished, which is occupied, or intended, arranged
or designed to be occupied for sleeping or dwelling purposes by one
or more persons, provided that this definition shall not be construed
to include:
Any rooming house or boarding house as defined
by the Rooming and Boarding House Act of 1979, N.J.S.A. 55:13B-l et
seq.
Any hotel, motor hotel, motel, or established
guest house which is commonly regarded as a motor hotel or motel;
however, this section is limited to hotels, motor hotels, and motels
or established guest houses which contain at least 10 or more units
of dwelling space or which have sleeping facilities for at least 25
or more persons and are kept, used, maintained, advertised as, or
held out to be, a place where sleeping or dwelling accommodations
are available to transient or permanent guests.
A.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, Chapter 265, Article II, Property Maintenance Code, is 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, and to determine whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values.
B.
A copy of the Property Maintenance Code is annexed
to this article and three copies of the same have been placed on file
in the office of the Municipal Clerk and are available to all persons
desiring to use and examine same.
[Amended 9-19-2017 by Ord. No. 17-20]
The Director or his representative is hereby
authorized and directed to make inspections to determine the conditions
of dwellings, dwelling units, rooming units, and premises located
within the City of Bridgeton in order that he may perform his duty
of safeguarding the health and safety of the occupants of the dwellings
and of the general public. For the purpose of making such inspections,
the Director or his representative is hereby authorized to enter,
examine and survey at all reasonable times all dwellings, dwelling
units, rooming units and premises. The owner or occupant of every
dwelling, dwelling unit and rooming unit, or the person in charge
thereof, shall give the Director or his representative free access
to such dwellings, dwelling units, or rooming units and its premises
at all reasonable times for the purpose of such inspections, examinations
and surveys. Every occupant of a dwelling or dwelling unit shall give
the owner or his agent or employee thereof, access to any part of
such dwelling or dwelling unit, or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this article.
[Amended 9-5-2006 by Ord. No. 06-04; 4-1-2008 by Ord. No. 07-35]
A.
Notice to owner or person or persons responsible. Except with respect to overcrowding violations or violations of Chapter 203 of the Municipal Code, neither of which shall require prior notice, whenever the Director or the Director's representative determines that there has been a violation of this article or has grounds to believe that a violation has occurred, notice of the alleged violation shall be given to the owner, occupant or the person or persons responsible therefor in the manner described hereafter.
B.
C.
Method of service.
(1)
A notice of violation or a summons shall be deemed
to be properly served if a copy thereof is delivered personally to
the owner, occupant or person responsible or sent by regular mail
to the owner, occupant or person responsible at their last known address.
Service shall be effective unless the notice is returned by postal
service marked, "moved," "unable to forward," "address unknown," or
any other reason to believe that service was not effected. If the
notice is returned as not delivered, service shall be effectuated
by posting a copy of the notice of violation in a conspicuous place
in or about the structure affected by such notice.
(2)
Service of such notice in the foregoing manner upon
the owner's agent or upon the person responsible for the violations
shall constitute service of notice upon the owner.
The following persons shall be considered affected by the notice provided by § 277-5 and shall be responsible for corrections of alleged violations:
A.
The record title owners as listed in the office of
the Tax Assessor. A record title owner shall not be relieved of responsibility
for correction of an alleged violation by the existence of an agreement
of sale unless the agreement of sale is properly recorded in the Book
of Deeds in the records of the Cumberland County Clerk's office.
B.
The assessed owners as listed in the office of the
Tax Collector.
C.
Any occupant of the property.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing before the Director, provided that
such person shall request a hearing in writing to the Director within
10 days of the date of service of the notice.
B.
Upon receipt of the written request for a hearing, the Director shall schedule a time and place for the hearing and notify all persons affected by the notice as provided in § 277-6, which time shall not be later than 10 days after the request. At such hearing all affected persons shall be given an opportunity to be heard and show why the notice shall be modified or withdrawn.
C.
After the hearing as provided in Subsection B, the Director shall sustain, modify or withdraw the notice depending upon his finding as to whether the provisions of this article and the rules and regulations have been complied with.
D.
If the Director shall sustain or modify the notice,
it shall be deemed an order. The finding and decision of the Director
shall be summarized, reduced to writing and served on all responsible
and affected persons, as provided in § 277-5A(4) and B.
E.
If a responsible or affected person does not file
a written request for a hearing on a notice, the notice shall automatically
become an order 10 days after the date of the notice.
F.
Any person aggrieved by the decision of the Director
may seek relief therefrom in any court of competent jurisdiction within
the time and according to the method provided by the laws of the State
of New Jersey.
Whenever the Director 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 emergency and requiring that such action be
taken as he deems necessary to meet the emergency. Notwithstanding
any other provision of this article, such order shall be effective
immediately. Any persons to whom such order is directed shall comply
therewith immediately, but upon written request to the Director shall
be afforded a hearing as soon as possible. After such hearing and
depending upon the findings, whether the provisions of this article
and of the rules and regulations adopted pursuant thereto have been
complied with, the Director shall continue such order in effect or
modify or revoke it.
The Director 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 article;
provided, however, that such rules and regulations shall not be in
conflict with the provisions of this article, nor in any way alter,
amend or supersede any of the provisions thereof. The Director shall
file a certified copy of all rules and regulations which he may adopt
in his office and in the office of the Clerk of the City of Bridgeton.
[Amended 10-6-2003 by Ord. No. 03-5; 10-18-2022 by Ord. No.
22-30]
A.
No person shall rent, lease or let to any occupant or occupants any dwelling or dwelling unit for the purpose of residential living which does not conform to the provisions of Chapter 265, Article II, Property Maintenance Code, and P.L. 2021, c. 182,[1] pertaining to lead-based paint hazards, which is the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
B.
Pursuant to P.L. 2021, c. 182, the owner or landlord of any dwelling subject to the requirements of P.L. 2021, c. 182, may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection, assessment, and clearance services by the Department of Community Affairs to satisfy the requirements P.L. 2021, c. 182, in lieu of such inspection through the City of Bridgeton, in which case no lead-based paint inspection fees shall be required pursuant to § 149-20E.
C.
The owner
or landlord of any dwelling or unit subject to the requirements of
P.L. 2021, c. 182, in addition to providing a lead-safe or lead-free
certification for any dwellings or units offered for rent, lease or
let to any occupant or occupants within the municipality, shall also
provide the results of all inspections and reinspections performed
pursuant to P.L. 2021, c. 182.
[Added 9-19-2023 by Ord. No. 23-28]
A.
No person shall rent, lease or let to any occupant
or occupants, whether or not for consideration, any unit of dwelling
space unless a housing permit has been obtained from the Director.
The housing permit shall be valid for a period of one year and shall
be on a form prepared by the Director. The housing permit shall be
posted on the interior door of the entrance to the unit of dwelling
space.
The housing permit referred to in § 277-11 of this article shall not be issued by the Director unless the following conditions are satisfied:
A.
An application fee in the amount as set forth in Chapter 149, Fees, Article II, Schedule of Fees, is paid to the City of Bridgeton. Said fee shall be paid no later than March 1. If not paid by March 1, the application fee shall be as set forth in Chapter 149, Fees, Article II, Schedule of Fees, in addition to any sanctions imposed by § 277-16. The application fee required under this section shall apply to each housing unit for which a permit is required.
[Amended 5-5-1987 by Ord. No. 86-24; 6-7-1994 by Ord. No. 93-24; 6-19-2007 by Ord. No. 06-37; 8-2-2011 by Ord. No. 11-03]
B.
Rental registration statement.
[Amended 1-5-2010 by Ord. No. 09-07]
(1)
The
owner of the building in which a unit of dwelling space is situated
has, upon a form provided by the Director, registered said premises,
designating thereon the name, address and telephone number of the
owner and the name, address and telephone number of an agent, who
is located or residing within the County of Cumberland and who is
charged by the owner with the responsibility for the property in an
emergency involving the property or when the owner is not available,
the names and address of the lessors of the property and the names
and ages of all lessees and/or occupants. Such form shall require
the signature of the owner.
(2)
No
owner of a building in which a unit of dwelling space is rented, leased
or let shall rent, lease or let such space without obtaining the names
and ages of all lessees and occupants of said unit of dwelling space.
At a change of ownership or a change of tenancy during the registration
year, the owner of a building in which a unit of dwelling space is
situated shall provide an updated rental registration statement to
the City of Bridgeton, providing for the names and ages of all lessees
and/or occupants. A change of tenancy shall also mean the addition
or deletion of any person not included in the annual registration
statement. Such updated rental registration statement shall require
the signature of the owner.
(3)
The
Director may provide a copy of the rental registration statement to
the Police Chief, the construction officer, the Fire Chief and the
Board of Education of the City of Bridgeton. When providing a copy
of the rental registration statement to any other person or entity,
the rental registration statement shall be redacted to remove the
ages of the tenants.
[Amended 10-6-2003 by Ord. No. 03-5]
Should any investigation or inspection pursuant to § 277-4 reveal that the unit of dwelling space does not conform in all respects with the provisions of this article and Chapter 265, Article II, Property Maintenance Code, the Director may proceed in accordance with §§ 277-5, 277-6 and 277-7 of this article including notice of alleged violations, establishment of reasonable time for correction of violations, and opportunity of affected persons to be heard. In the event a reinspection reveals that the alleged violations have been corrected and the unit of dwelling space continues to not conform in all respects to the provisions of this article and the provisions of the Property Maintenance Code, the Director, in addition to all ether remedies provided by this order, may revoke the permit issued pursuant to § 277-11.
A.
This section shall be in addition to the requirement of obtaining a housing permit as provided in § 277-11 of this article.
B.
No person shall rent, lease or let to any occupant
or occupants, whether or not for consideration, any dwelling, dwelling
unit, rooming house or rooming unit unless a certificate of occupancy
shall first have been obtained from the Director. Said certificate
shall certify that the building or unit is fit for human habitation
and complies with the requirements of all ordinances of the City of
Bridgeton which relates to housing. No tenant or occupant shall sublease,
sublet or permit use of dwelling or lodging units without following
the above procedure.
No tenant or occupant of any dwelling, dwelling
unit, hotel, rooming house or rooming unit shall sublease, sublet
or permit use of the dwelling or lodging unit without complying with
the provisions of this article.
A.
Any person, firm or corporation violating the provisions of § 277-11 or 277-12 of this article shall upon conviction thereof, be subject, for the first offense, to a fine of not more than $100. For a second offense, a person shall be subject to a fine of not more than $500. For a third or subsequent offense, a person shall be punished as provided in Chapter 1, Article III, General Penalty.
B.
Any person, firm or corporation violating any other provisions of this article shall upon conviction thereof be punished as provided in Chapter 1, Article III, General Penalty. Each day such violation is committed or permitted to continue, shall constitute a separate offense end shall be punishable as such hereunder.
Should any section, paragraph, sentence, clause
or phrase of the Property Maintenance Code be in conflict with or
inconsistent with any provision of this article, this article shall
be considered controlling.
Nothing in this article or in the Code adopted
hereby shall be construed to amend, supersede, abrogate or impair
any ordinance or part of ordinances adopted by the City of Bridgeton
having standards more stringent than those adopted herein. The provisions
of any and all such ordinances shall supersede the standards set forth
herein.
