[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City 7-14-1969 by Ord. No. 21-1969. Amendments noted
where applicable.]
[Amended 6-4-1979 by Ord. No. 7904; 10-4-1983 by Ord. No.
8333; at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Building Code Official or his designee inspector
shall be and he is hereby designated as the officer to exercise the
powers prescribed by this chapter and to enforce the provisions thereof.
All references hereafter in this chapter to the Building Code Official
shall relate to and include the person or persons designated by the
Building Code Official as job designee inspector.
Pursuant to the provisions of P.L. 1946, c.
21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved
by the Departments of Health and Conservation and Economic Development
and filed in the Secretary of State's office 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. A copy of the New Jersey State Housing
Code is annexed to this chapter, and three copies of the same have
been placed on file in the office of the City Clerk and are available
to all persons desiring to use and examine the same.
[Amended 6-4-1979 by Ord. No. 7904]
The Enforcement Officer 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 Ventnor City in order that he may perform his duties of safeguarding
the health and safety of the occupants of dwellings and of the general
public.
A.
For the purpose of making such inspections, the Enforcement
Officer is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units and premises.
B.
The owner or occupant of every dwelling, dwelling
unit, rooming unit or the person in charge thereof shall give the
Enforcement Officer free access to such dwelling, dwelling unit or
rooming unit and its premises at all times for the purpose of such
inspection, examination and survey.
C.
Every occupant of a dwelling or dwelling unit shall
give the owner thereof or his agent or employee 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 chapter
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
[Amended 6-4-1979 by Ord. No. 7904]
Whenever the Enforcement Officer determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this chapter or of any rule or regulation
adopted pursuant thereto, he shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
A.
Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Allow a reasonable time for the performance of any
act it requires.
(4)
Be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice shall be deemed
to be properly served upon such owner or agent or upon such occupant
if a copy thereof is served upon him personally or if a copy thereof
is sent by registered mail to his last known address or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice by any other method authorized or required
under the laws of this state.
B.
Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto.
[Amended 6-4-1979 by Ord. No. 7904]
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter
or any rule or regulation adopted pursuant thereto, may request and
shall be granted a hearing on the matter before the Enforcement Officer,
provided that such person shall file in the office of the Enforcement
Officer a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice was served. Upon receipt of such petition the Enforcement
Officer shall set the time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the day on which the petition was filed,
provided that upon application of the petitioner the Enforcement Officer
may postpone the date of the hearing for a reasonable time beyond
such ten-day period if, in his judgment, the petitioner has submitted
a good and sufficient reason for such postponement.
B.
After such hearing the Enforcement Officer shall sustain,
modify or withdraw the notice, depending upon the findings as to whether
the provisions of this chapter and of the rules and regulations adopted
pursuant thereto have been complied with. If the Enforcement Officer
sustains or modifies such notice, it shall be deemed to be in order.
Any notice served pursuant to this chapter shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Enforcement Officer within 10 days after such notice is served.
C.
The proceedings at such hearing, including the findings
and decision of the Enforcement Officer, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Enforcement Officer. Such record shall also include a copy
of every notice or order issued in connection with the matter.
D.
Any person aggrieved by the decision of the Enforcement
Officer may seek relief therefrom in any court jurisdiction, as provided
by the laws of the state.
E.
Whenever the Enforcement Officer 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
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but upon petition to the Enforcement Officer
shall be afforded a hearing as soon as possible. After such hearing,
depending upon his findings as to whether the provisions of this chapter
and of the rules and regulations adopted pursuant thereto have been
complied with, the Enforcement Officer shall continue such order in
effect or modify it or revoke it.
[Amended 6-4-1979 by Ord. No. 7904]
A.
The Enforcement Officer shall be the Mayor, Chief
of Police, Building Subcode Official, Plumbing Subcode Official or
Health Officer or Fire Marshal of the City of Ventnor City.
B.
The Enforcement Officer 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 chapter;
provided, however, that such rules and regulations shall not be in
conflict with the provisions of this chapter nor in any way alter,
amend or supersede any of the provisions thereof. The Enforcement
Officer 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 Ventnor City.
[Amended 10-4-1983 by Ord. No. 8333; 6-6-1985 by Ord. No. 8511; 12-23-1993 by Ord. No. 9328; 2-27-1997 by Ord. No. 9705; 7-27-2000 by Ord. No. 2005; 10-7-2004 by Ord. No. 2004-9;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
No owner or occupant of a dwelling, dwelling unit,
rooming unit, apartment or premises (hereinafter dwelling) and no
person or entity on behalf of the owner or occupant shall sell, rent,
transfer or otherwise dispose of any ownership interest or occupancy
thereof, whether or not for a consideration and whether or not such
disposal is temporary or permanent, unless a certificate of occupancy
is previously issued by the Building Code Official. Such certificate
shall state that the dwelling is fit for human habitation and is in
compliance with all ordinances of the City of Ventnor City and all
applicable laws of the State of New Jersey and the United States Government.
B.
No dwelling shall be occupied in whole or in part by any person or persons until the Building Code Official shall issue a certificate of occupancy. In cases where the property is being sold as is, the seller is not held responsible for violations of the Housing Standards Code, Chapter 138 of the Code of the City of Ventnor City, New Jersey. The new owner of the property shall be held responsible for the proper upgrading of the property to code compliance before a certificate of occupancy shall be issued.
C.
No certificate of occupancy shall be issued where
an inspection discloses that the dwelling is unfit for human habitation
or where conditions exist therein which are dangerous to the health,
safety or welfare of the occupants thereof or the residents of the
municipality. Such conditions may include but are not limited to those
which create a fire hazard, danger of accident or casualty, lack of
adequate ventilation, lack of light or sanitary facilities, dilapidation,
disrepair or structural defects, uncleanliness and the like.
D.
The Building Code Official shall cause to be prepared
an appropriate form for application for a certificate of occupancy,
which forms shall be available to applicants at the office of the
Building Code Official. It shall be the duty of the Building Code
Official to conduct an inspection of the dwelling within 10 days of
the date that the application is filed in the office of the Building
Code Official. Thereafter, the Building Code Official shall issue
a certificate of occupancy or notify the applicant, in writing, as
to the reasons why such certificate has not been issued. However,
failure of the Building Code Official to conduct his inspection within
the time period stated herein shall not permit any applicant to sell,
rent, transfer or otherwise dispose of the ownership or occupancy
of any dwelling without issuance of a certificate of occupancy.
E.
A charge in the amount set forth in Chapter 114, Fee Schedule, shall be paid to the Building Code Official with each application for a certificate of occupancy. No application shall be complete without payment of this fee.
F.
A "dwelling," as that term is used in this section,
shall not include any room or suite of rooms in a motel or hotel,
unless the room or suite rented in said hotel or motel shall contain
eating and cooking facilities; provided, however, that this subsection
shall not preclude the requirement that a certificate of occupancy
be issued upon a sale of the hotel or motel specified herein.
G.
Every owner of premises for rent or of premises containing a room or rooms for rental, which premises is not excluded by virtue of Subsection F of this section, shall file, under oath, with the Building Code Official or his designee inspector of the City of Ventnor City, a statement containing the name, address and telephone number of the superintendent and/or the name, address and telephone number of the agent in charge of the premises, the number of apartments in said premises, a description by number or letter of each such apartment in the premises and the name of the tenant located within said premises on the date the statement was prepared. If the owner of said premises is a corporation or other entity other than an individual, said statement shall be made under oath by the President, Vice President or Secretary of said corporation or by a principal of such entity.
H.
For the purpose of determining residency, any person
who sleeps under the premises or generally dwells therein for more
than three successive days or nights shall be considered to be residing
on the premises.
I.
A new certificate of occupancy will be required any
time the occupants living in a dwelling shall change so that the occupants
living in said dwelling are different than the occupants listed on
the certificate of occupancy that has been filed with the City of
Ventnor.
J.
When any owner or occupant receives a notice of violation
pursuant to this chapter; said notice of violation shall be considered
proper, valid and enforceable notice for any violations of the provisions
of this chapter and of the currently effective Property Maintenance
Code and New Jersey Uniform Construction Code. Whenever a notice of
violation in any form is served concerning a specific property, no
further notice of violation need be served concerning subsequent violations
of the same nature.
K.
A seasonal certificate of occupancy may be procured for a charge in the amount set forth in Chapter 114, Fee Schedule, payable to the construction official for any dwelling to be occupied in whole or in part for the period of time extending from May 15 to September 15 of each year (summer season). Said certificate of occupancy shall be known as a "seasonal certificate of occupancy" for which the appropriate registration form shall be prepared and made available for application by the Construction Official or his designee. Any change in occupants living in a dwelling for which a seasonal certificate of occupancy has been issued shall be communicated within 48 hours of said change to the Construction Official office on forms provided by said office. The purpose and intent of a seasonal certificate of occupancy is to permit the change over of occupants for dwelling units devoted to occupancy during all or a portion of the aforestated summer season without the necessity of a reinspection and additional charge. Failure to abide by the within provision shall subject any owner or occupant to the violation and penalty provisions of § 138-9. Any occupancy occurring on one or more days after September 15 through May 14 shall require a certificate of occupancy, in addition to the aforestated seasonal certificate of occupancy.
[Added 7-7-1988 by Ord. No. 8818[1]]
The Building Code Official of the City of Ventnor
City shall hereinafter be authorized to set forth criteria for deconversion
of any house, apartment or dwelling unit in the City of Ventnor City
that shall be or has been illegally converted to create more units
than permitted in a designated zone in which the property is located
without first having secured appropriate approvals from the City for
said construction. The criteria for deconversion shall be approved
by resolution of the Board of Commissioners of the City of Ventnor
City. Any amendments to said criteria shall thereinafter be approved
by the Board of Commissioners of the City of Ventnor City.
[Amended 10-4-1983 by Ord. No. 8333; 2-2-1989 by Ord. No. 8903]
Any person, firm or corporation who violates
any provision of this chapter or of the rules and regulations adopted
pursuant thereto shall, upon conviction thereof, be punished by a
fine not exceeding $1,000 or by imprisonment for a term not exceeding
90 days, or by both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues. In
addition to or as a substitute for the previously mentioned fine,
the imposition of community service shall be authorized as an additional
penalty, which community service shall not exceed 90 days.
[Added 2-25-1993 by Ord. No. 9302]
Any person, firm or corporation who fails to
appear, upon proper notice, before the Municipal Court of the City
of Ventnor City for charges arising and relating to violations of
housing standards shall be subject to the following in addition to
other violations and penalties of this chapter. Upon the issuance
of a bench warrant by the Municipal Court for the failure of any person,
firm or corporation to appear, the Building Code Official of the City
of Ventnor City shall revoke any and all certificates issued. The
certificate of occupancy shall not be reinstated until satisfaction
of any and all violations indicated by the Building Code Official
of the City of Ventnor City. Any and all relocation assistance required
shall be assessed to the owner of the property by way of a lien as
though it were a tax by the City of Ventnor City.
