[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:
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.
The provisions of this article apply to all tenant-occupied properties
within the Borough of Clementon, including the original rental and all succeeding
rentals thereafter.
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.
