[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 87.
Unsafe buildings — See Ch. 91.
Uniform construction codes — See Ch. 105.
Fire prevention — See Ch. 134.
Housing standards — See Ch. 155.
Licenses and permits — See Ch. 168.
Property maintenance — See Ch. 214.
Zoning — See Ch. 298.
Nuisances — See Ch. 308.
[1]
Editor’s Note: Ordinance No. 2004-24, adopted 12-14-2004, provided for the renaming of this chapter from “Certificates of Occupancy” to the current name.
[Adopted 8-22-1994 by Ord. No. 94-13]
[Amended 12-14-2004 by Ord. No. 2004-24]
A. 
No person, firm, partnership or corporation shall rent, lease, suffer or allow any person or persons, firms, partnerships or corporations to live in or inhabit as a tenant or lessee any house, apartment or other structure, including a mobile home and modular unit, unless said person, firm, partnership or corporation shall first obtain from the Borough of Clementon an occupancy permit or continued certificate of occupancy in accordance with this article.
B. 
No person, group of persons, associations, partnerships or corporations, or any combination thereof, who own, manage, conduct or operate a dwelling unit shall rent, lease, sublet or permit the same to be rented, nor shall any person, group of persons, associations, partnerships or corporations, or any combination thereof, purchasing or acquiring in any manner occupancy or dwelling units permit the same to be rented without first securing from the Housing Official, enforcement officer or designated representative a certificate of occupancy or a continued certificate of occupancy and register as landlord with the Clerk of the Borough of Clementon as required pursuant to N.J.S.A. 40:8-28 for said dwelling unit.
No certificate of occupancy or continued certificate of occupancy shall be issued for a dwelling unit unless the condition of the same complies with all relevant and appropriate statutes of the State of New Jersey, the rules and regulations promulgated thereunder, the ordinances of the Borough of Clementon pertaining to building, plumbing, electrical, zoning, health, safety, fire and minimum housing standards, including but not limited to all of the various housing, building, energy, fire, multifamily, barrier-free codes which are adopted for the various municipalities within the State of New Jersey, and any other codes, rules and regulations established by the State of New Jersey and the Borough of Clementon.
In the event that there is a conflict in the provisions of the codes of the Borough of Clementon and the codes, rules and regulations of the State of New Jersey, the higher standards for the promotion and protection of the health, safety and welfare of the inhabitants of the Borough shall prevail.
[Amended 12-14-2004 by Ord. No. 2004-24]
The Housing Official or Enforcement Officer, his assistants and deputies and any enforcement officer retained by the Borough of Clementon shall be the persons who have the duty to enforce this article.
A. 
The aforesaid officials shall have such powers as may be necessary to carry out the intent and purpose of this article, including but not limited to the following enumerated powers:
(1) 
To investigate the dwelling conditions of the Borough of Clementon, in order to determine which rental units are unfit for human habitation.
(2) 
To enter into the lands and premises at reasonable times for the purpose of making housing inspections incidental to his duties.
(3) 
To persons designated by the governing body of the Borough of Clementon who are licensed to administer the Uniform Construction Code.
B. 
Upon application of a property owner, the Housing Official, his assistants or deputies, or any enforcement officer, shall make an inspection of said house, apartment or other structure for which there has been an application for an occupancy permit or continued certificate of occupancy, within five working days from the receipt of such application and the payment of the proper fee.
[Amended 12-14-2004 by Ord. No. 2004-24]
C. 
The Housing Official, his assistants or deputies, or the enforcement officer, shall make a report promptly after such inspection and advise the applicant of any violations of the codes, statutes and ordinances governing said premises in the Borough of Clementon.
[Amended 12-14-2004 by Ord. No. 2004-24]
[Added 11-27-1995 by Ord. No. 95-12; amended 8-24-1998 by Ord. No. 98-11; 12-14-2004 by Ord. No. 2004-24]
The Enforcement Officer and/or his agent or agents are hereby authorized and directed to process all applications for certificates of occupancy and, prior to the issuance of the same, to determine that all the requirements of this article and/or any other applicable ordinances and rules and regulations enacted by the Borough of Clementon have been met. The fee for the issuance of a certificate of occupancy, which shall be paid with the application for a certificate of occupancy, shall be as follows:
A. 
Sixty dollars for private residences and duplexes and $40 for each apartment unit.
B. 
If more than one inspection is required prior to issuance, there shall be a fee of $30 per inspection.
Violations of the foregoing statutes, codes, ordinances, rules and regulations, or noncompliance therewith, shall be grounds for denial of an occupancy permit or a continued certificate of occupancy.
Any person violating any of the provisions of this article shall be imprisoned in the county jail for a period not exceeding 90 days or shall be subject to a fine not less than $100 nor more than $1,000, or both, or shall be required to serve a period of community service not exceeding 90 days, in the discretion of the court, and each day's continuance of the violation shall constitute a separate and distinct violation.