[HISTORY: Adopted by the Township Committee of the Township of Union as indicated in article histories. Amendments noted where applicable.]
Article I Rental Property
[Adopted 2-22-1994 by Ord. No. 4293 (Ch. 124, Art. I of the 1986 Code)]
All multifamily buildings, structures and units thereof that are leased or rented, regardless of the term, in the Township of Union for living or sleeping purposes shall be inspected by the code official on every initial occupancy or change of occupancy after the effective date of this article, but there shall not be more than one such inspection biannually of any apartment or units thereof. All buildings, structures and units thereof which are leased or rented, and not currently occupied at the time this article takes effect, shall be considered an initial occupancy and shall be subject to the inspection provisions hereof.
All buildings, structures and units thereof which are inspected pursuant to this article shall comply in all respects with the requirements of Township ordinances and the applicable provisions of the New Jersey Uniform Construction Code and the provisions of N.J.S.A. 55:13A-1 et seq. and 55:13B-1 et seq.
The owner, rental agent or manager of all buildings and structures and units thereof which are subject to inspection pursuant to this article shall be responsible for notifying, in writing, the code official that such premises are leased or rented or being offered to be leased or rented so that an inspection or reinspection may be made.
Upon completion of an inspection of the premises and the same being determined by the code official to comply with § 221-1 et seq., a rental certificate of occupancy shall be issued. A copy of the certificate shall be posted by the owner, rental agent or manager of the inspected property in each separate leased or rented unit. No tenant shall occupy any building, structure or any units thereof until a rental certificate of occupancy has been issued.
In the event that the code official determines, after an inspection, that the premises in question are in violation of § 221-1 et seq., the code official shall notify, in writing, the owner, rental agent or manager of the violations noted. Upon correction of the violations, the owner, rental agent or manager shall notify, in writing, the code official that the corrections have been made so that a reinspection of the property may occur. If upon reinspection of the property, the code official determines that previous violations were not corrected or new violations exist, then the code official shall, again in writing, notify the owner, rental agent or manager of the inspected property of the violations, and this process shall continue until all violations have been corrected.
Notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner, rental agent or manager personally; or by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail addressed to the owner at the last known address with return receipt requested; or, if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice; and there shall be at least one publication of such notice in a local newspaper of general circulation.
If, subsequent to the issuance of a rental certificate of occupancy, the code official learns or becomes aware of violations of § 221-1 et seq., an inspection shall be made of the subject premises. If violations are found to exist, then notification in writing shall be given to the owner, rental agent or manager, and said person shall have 10 days from service of the notice to correct all deficiencies noted therein. In the event that the same have not been corrected within 10 days, then the rental certificate of occupancy may be revoked by the Construction Code Official by mailing a notice of revocation by certified mail to the owner, rental agent or manager and to the tenant or tenants, and the premises will be vacated.
Any person, firm or corporation which shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,250 for each violation and/or imprisonment for a term not to exceed 90 days and/or community service not to exceed 90 days, at the discretion of the court. Each day that a violation continues, after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
Notwithstanding any of the aforementioned and not in limitation thereof, in case any violation order is not promptly complied with, the code official may request the jurisdiction's legal representative to institute an appropriate action or proceeding at law or equity to exact the penalty provided as indicated above or may ask the legal representative to proceed at law or in equity against the persons responsible for the violation for the following purposes:
To restrain, correct or remove the violation or refrain from any further execution of work;
To restrain or correct the erection, installation or alteration of each structure;
To require the removal of work in violation; or
To prevent the occupation or use of the structure or part thereof which was erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Code or in violation of a plan or specification under which an approval, permit or certificate was issued.
As used in this article, the following terms shall have the meanings indicated:
- CODE OFFICIAL
- The Township Construction Code Official, his designee or any agency authorized to perform inspections on behalf of the Township.
- Any building or buildings or structure comprising 20 or more separate dwelling or apartment units.
The fee for each apartment inspection shall be $75 payable at the time of application, which shall include one reinspection required by § 221-5. Each additional reinspection shall require an additional fee of $50.