[HISTORY: Adopted by the Township Committee
of the Township of Freehold 6-13-1966 (§ 13-2 of the Revised
General Ordinances), as amended through Ord. No. O-95-36. Subsequent
amendments noted where applicable.]
In accordance with the provisions of statutes,
the New Jersey State Housing Code as revised to date is hereby adopted
as a standard governing supplied utilities and facilities and other
physical things and conditions essential to making dwellings safe,
sanitary and fit for human habitation, occupancy or use, and governing
the condition of dwellings. A copy of the New Jersey State Housing
Code is attached to and made a part of this chapter without the text
being included herein.[1]
[1]
Editor's Note: The New Jersey State Housing
Code is on file in the Clerk's office.
Three copies of the New Jersey State Housing
Code have been placed on file in the office of the Clerk and will
remain on file there for the use and examination of the public.
[Amended 12-27-2005 by Ord. No. O-05-48]
The administrative and enforcing authority for
the provisions of this chapter shall be the Housing Official.
This chapter shall constitute the standards
to guide the Housing Official in determining the fitness of any dwelling,
unit, rooming unit or premises for human habitation, use or occupancy.
The Housing Official may make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of making the provisions of this chapter more effective. No
regulation, however, shall be inconsistent with or alter or amend
any provision of this chapter, and no regulation shall impose any
requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter. Rules and regulations shall be subject to the same penalty
as other violations of this chapter.
The Housing Official or his agents or employees
shall make inspections to determine the condition of dwellings, units,
rooming units and premises located within the Township.
The Housing Official or his agents may, upon
affidavit, apply to the judge of the Municipal Court of the Township
for a search warrant setting forth factually the actual conditions
and circumstances that provide a reasonable basis for believing that
a nuisance or violation of this chapter exists on the premises, and
if the Municipal Judge is satisfied as to the matter set forth in
the affidavit, he shall authorize the issuance of a search warrant
permitting access to and inspection of that part of the premises on
which the nuisance or violation may exist. A search warrant may also
be obtained in connection with a general program of inspection.
Whenever the Housing Official 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 the alleged violation to
the person or persons responsible therefor as hereinafter provided.
The notice shall:
A.
Be put in writing;
B.
Include a statement of the reasons why it is being
issued;
C.
Allow a reasonable time for the performance of any
act it requires;
D.
Be served upon the owner or his agent, or the occupant,
as the case may require, provided that 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 certified 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; or if he is served with such notice by any
other method authorized or required under the laws of this state.
The 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.
Any person affected by any notice which has
been issued in connection with the enforcement of any provisions of
this chapter, or of any rule or regulation adopted pursuant thereto,
may request and shall be granted a hearing on the matter before the
Housing Official, provided that such person shall file in the office
of the Housing Official a written petition requesting a hearing and
setting forth a brief statement of the grounds therefor within 10
days after the day the notice is served. Upon receipt of the petition,
the Housing Official shall set a time and place for the hearing and
shall give the petitioner written notice thereof. At the hearing the
petitioner shall be given an opportunity to be heard and to show why
the notice should be modified or withdrawn. The hearing shall be commenced
not later than 10 days after the day on which the petition is filed,
provided that upon application of the petitioner, the Housing Official
may postpone the date of the hearing for a reasonable time beyond
the ten-day period, if in his judgment the petitioner has submitted
a good and sufficient reason for the postponement. After the hearing
the Housing Official shall sustain, modify, or withdraw the notice,
depending upon his findings as to whether the provisions of this chapter
and the rules and regulations adopted pursuant thereto have been complied
with. If the Housing Official sustains or modifies the notice, it
shall be deemed to be an order. Any notice served pursuant to this
chapter shall automatically become an order if a written petition
for hearing is not filed in the office of the Housing Official within
10 days after the notice is served. The proceedings at the hearings,
including the findings and the decision of the Housing Official, shall
be summarized, reduced to writing, and entered as a matter of public
record in the office of the Township Clerk. The record shall also
include a copy of every notice or order issued in connection with
the matter. Any person aggrieved by the decision of the Housing Official
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state. Whenever the Housing Official
finds that an emergency exists which requires immediate action to
protect public health or safety, he may, without notice or hearing,
issue an order reciting the existence of such an 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 Housing
Official 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 Housing Official shall continue
such order in effect, or modify it, or revoke it.
[Amended 12-27-2005 by Ord. No. O-05-48; 8-26-2008 by Ord. No. O-08-21]
Whenever a petition is filed with the Construction
Official by a public authority as defined in N.J.S.A. 40:48-2.4, or
by at least five residents of the Township charging that any dwelling
is unfit for human habitation as defined in the Housing Code, or whenever
it appears to the Construction Official on his own motion that any
dwelling is unfit for human habitation, he shall, if his preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of, and parties in interest in, such dwelling
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Construction Official at a
place therein fixed not less than seven days nor more than 30 days
after the serving of the complaint; that the owner and parties in
interest shall be given the right to file an answer to the complaint
and to appear in person, or otherwise, and give testimony at the time
and place fixed in the complaints; and that the rules of evidence
prevailing in courts of law or equity shall not be controlling in
hearings before the Construction Official.
A.
If after notice and hearing, as provided above, the
Construction Official determines that the dwelling under consideration
is unfit for human habitation, as defined in the Housing Code, he
shall state in writing his findings of fact in support of such determination
and shall issue and cause to be served upon the owner thereof and
parties in interest an order requiring:
[Amended 8-26-2008 by Ord. No. O-08-21]
(1)
The repair, alteration or improvement of the building
to be made by the owner, within a reasonable time, which shall be
set forth in the order, or at the option of the owner, to vacate or
to have the building vacated and closed within the time set forth
in the order.
(2)
If the building is in such a condition as to make
it dangerous to the health and safety of persons on or near the premises,
and the owner fails to repair, alter or improve the building within
the time specified in the order, that the owner shall remove or demolish
the building within a reasonable time as specified in the order of
removal.
(3)
If the owner fails to comply with an order to repair,
alter or improve, or at the option of the owner to vacate and close
the building, the Construction Official may cause such building to
be repaired, altered or improved, or to be vacated and closed; that
the Construction Official may cause to be posted on the main entrance
of any building so closed, a placard with the following words: "This
building is unfit for human habitation or occupancy or use; the use
or occupation of this building is prohibited and unlawful."
(4)
If the owner fails to comply with an order to remove
or demolish the building, the Construction Official may cause such
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement and receipt of bids therefor.
(5)
The amount of:
(a)
The cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges incurred in the
course of any proceeding taken under this chapter determined in favor
of the Township.
(b)
The cost of repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amounts of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from such building
or from any contract for removal or demolition thereof, shall be a
municipal lien against the real property upon which such cost was
incurred.
B.
If the building is removed or demolished by the Construction
Official, he shall sell the materials of such building. There shall
be credited against the cost of removal or demolition thereof the
proceeds of any sale of such materials or any sum derived from any
contract for the removal or demolition of the building. If there are
no such credits, or if the sum total of such costs exceeds the total
of such credits, a detailed statement of the aforesaid costs and the
amount so due shall be filed with the Municipal Tax Assessor or other
custodian of the records of tax liens and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceeds such costs, the balance remaining shall be
deposited in the Superior Court by the Construction Official, shall
be secured in such manner as may be directed by such Court and shall
be disbursed according to the order or judgment of the Court to the
persons found to be entitled thereto by final order or judgment of
such Court, provided that nothing in this chapter shall be construed
to impair or limit in any way the power of the Township to define
and declare nuisances and to cause their removal or abatement, by
summary proceedings or otherwise. Any owner or party in interest may,
within 30 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[Amended 12-27-2005 by Ord. No. O-05-48; 8-26-2008 by Ord. No. O-08-21]
C.
Nothing in this section shall be construed to impair
or limit in any way the power of the municipality to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise, nor is anything in this act intended to limit the authority
of the enforcing agency or construction official under the State Uniform
Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.)
or any rules or regulations adopted thereunder.
[Added 12-27-2005 by Ord. No. O-05-48]
[Amended 8-26-2008 by Ord. No. O-08-21]
Complaints or orders issued by the Construction
Official pursuant to this chapter shall be served upon persons either
personally or by registered mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by the Construction
Official in the exercise of reasonable diligence, and the Construction
Official shall make an affidavit to that effect, then the serving
of the complaint or order upon such persons may be made by publishing
the same once each week for two successive weeks in a newspaper having
circulation in the Township. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order, and a copy of such complaint or order shall be duly recorded
or lodged for record with the Monmouth County recording officer.
[Added 12-27-2005 by Ord. No. O-05-48]
Any action taken using revenues derived from
the local property tax shall be taken only after advertisement for,
and receipt of, bids therefor, pursuant to the provisions of the Local
Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.),
unless the action is necessary to prevent imminent danger to life,
limb or property.
[Amended 8-26-2008 by Ord. No. O-08-21]
The Construction Official is hereby authorized
and empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including the following, in addition to others herein granted.
A.
To investigate the dwelling conditions in the Township
in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths, affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purpose of this
chapter.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
[Amended 12-27-2005 by Ord. No. O-05-48]
No person shall occupy as owner or occupant, or rent to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of Chapter 245, Property Maintenance, as established and amended hereby and as may be amended from time to time hereafter, as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
A.
No agent of an owner, real estate broker, firm, company,
partnership, corporation or person shall rent, re-rent, lease, re-lease,
sell, resell or suffer to allow any person or persons to live in or
occupy as a tenant or otherwise any multiple dwelling unit, manufactured/mobile
home and/or single-family residence or dwelling where there shall
be a change of occupancy, unless a certificate of occupancy certifying
that said manufactured/mobile dwelling unit or apartment and/or single-family
residence or dwelling is fit for human habitation and that said multiple
dwelling unit or apartment and/or single-family residence or dwelling
is in compliance with all other ordinances of the Township shall first
be obtained from the Code Administrator. Such a certificate of occupancy
shall be granted or denied within 10 days from the date of the application
for same. The Code Administrator shall cause to be prepared appropriate
application forms for such certificate of occupancy which form shall
be available to the applicant at the office of the Code Administrator.
[Amended 12-22-2009 by Ord. No. O-09-36]
(1)
Pursuant to N.J.A.C. 5:92-12.2(a), no certificate
of occupancy for initial occupancy of a low- or moderate-income unit
created pursuant to the Fair Housing Act shall be issued unless there
is a written determination by the New Jersey Housing and Mortgage
Finance Agency as the authority responsible for administering affordability
controls within the Township that the unit is to be controlled by
a deed restriction and mortgage lien as adopted by the Council on
Affordable Housing.
(2)
Pursuant to N.J.A.C. 5:92-12.2(c), no continued certificate
of occupancy shall be issued for any occupancy of a low- or moderate-income
unit created pursuant to the Fair Housing Act unless there is a written
determination by the New Jersey Housing and Mortgage Finance Agency
as the authority responsible for administering affordability controls
within the Township that the unit is to be controlled by a deed restriction
and mortgage lien as adopted by the Council on Affordable Housing.
C.
As a condition of fitness for human habitation in any of the residences or dwellings referred to in Subsection A above, the Township Committee does hereby deem that it shall be necessary that each such residence or dwelling have installed therein and in operating order no less than one smoke alarm in each area used for sleeping purposes which shall be of a type and placed in such a location as approved by the Bureau of Fire Prevention.
D.
A certificate of occupancy issued hereunder for the
rental of a property shall be valid for a period not to exceed 60
calendar days from the date of issuance or until there occurs a change
in occupancy, whichever occurs first. A certificate of occupancy issued
hereunder for the resale of a property shall be valid for a period
not to exceed 120 calendar days from the date of issuance or until
there occurs a change of occupancy, whichever first occurs.
[Amended 6-24-2014 by Ord. No. O-14-8]
The owner of any building located within the limits of the Township who desires to demolish the same shall first obtain a permit for that purpose from the Housing Official and shall pay a fee as provided in Chapter 150, Fees, for each building or structure to be demolished. The fee shall be paid prior to the issuance of any such permit. A permit shall be required, but no fee payable, for demolishing any structure less than 150 square feet in area. [1]
[1]
Editor's Note: Original Sec.13-2.16, Fire
and smoke detectors, which immediately followed this section, was
deleted 12-27-2005 by Ord. No. O-05-48.
