Township of Pittsgrove, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 15.
Unfit buildings — See Ch. 31.
Clean Communities Program — See Ch. 34.
Uniform construction codes — See Ch. 37.
Land use and development — See Ch. 60.
Mobile homes — See Ch. 64.
Numbering of buildings — See Ch. 71.
Property maintenance — See Ch. 73.
Rent control — See Ch. 75.
Fees — See Ch. A120.
[Adopted 5-10-1978 (Ch. 50 of the 1983 Code)]
The Housing Officer of the Township of Pittsgrove be and is hereby designated as the officer to exercise the powers prescribed by this article and he shall serve in such capacity without any additional salary.
[Amended 10-9-1991 by Ord. No. 16-1991; 8-12-1992 by Ord. No. 10-1992; 9-13-2005 by Ord. No. 9-2005]
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1), the Public Laws and Rules and Regulations of the State of New Jersey as reflected in the New Jersey statutes and the New Jersey Administrative Code and the New Jersey International Building Code 2000, as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's office, are hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in the Township of Pittsgrove are safe, sanitary and fit for human habitation and rental. A copy of the BOCA National Property Maintenance Code is annexed to this article and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
The Housing Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township of Pittsgrove in order that he may perform his duty for safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Housing Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the Housing Officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. 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 and alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued, pursuant to the provisions of this article.
A. 
Whenever the Housing Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this article 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. Such notice shall be put in writing, include a statement of the reasons why it is being issued, allow reasonable time for the performance of any act it requires and 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 or if he is served with such notice by any other method authorized or required under the law of this state. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this article and with rules and regulations adopted pursuant thereto.
B. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Housing Officer, provided that such person shall file in the office of said Housing Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor with 10 days after the day of the notice being served. Upon receipt of such petition the Housing Officer shall set a 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 the 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 Housing 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.
C. 
After such hearing, the Housing Officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Housing Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Housing Officer within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Housing Officer, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk. 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 Housing Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
E. 
Whenever the Housing 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 an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Housing Officer, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer shall continue such order in effect or modify it or revoke it.
The Housing 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 article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article nor in any way alter, amend or supersede any of the provisions thereof. The Housing 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 Township.
[Amended 10-9-1991 by Ord. No. 16-1991; 8-12-1991 by Ord. No. 10-1992]
A. 
No person shall occupy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of § 50-2 of this article entitled “Acceptance of housing standards,” which is the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
B. 
The owner of any dwelling or dwelling unit situate in the Township of Pittsgrove shall, prior to lease of the same and occupancy thereof by the lessee, obtain from the Pittsgrove Township Housing Officer a certificate of continued occupancy as required by this article, certifying that said dwelling or dwelling unit is in compliance with the provisions of this article.
C. 
The purchaser of any dwelling or dwelling unit situate in the Township of Pittsgrove shall, prior to purchase of the same and occupancy thereof, obtain from the Pittsgrove Township Housing Officer a certificate of continued occupancy as required by this article, certifying that said dwelling or dwelling unit is in compliance with the provisions of this article.
D. 
Application for said certificate of continued occupancy shall be made by the owner, in the event of lease, or the purchaser, in the event of sale, of said dwelling or dwelling unit to the Pittsgrove Township Housing Officer at least 10 days before lease or sale and occupancy on a form supplied by said Housing Officer. The fee for said application and certificate of continued occupancy shall be as indicated in Chapter A120, Fees, each for the first and all subsequent inspections of the same dwelling or dwelling unit until a certificate of continued occupancy is issued.
E. 
In the event of sale of a dwelling or dwelling unit situate in the Township of Pittsgrove, the owner of the same shall notify the purchaser of the same of the provisions of this article and inform said purchaser of his or her obligation to procure a certificate of continued occupancy pursuant to the provisions of this article prior to occupying said dwelling or dwelling unit.
F. 
In the event of sale of a dwelling or dwelling unit situate in the Township of Pittsgrove, the certificate of continued occupancy required by this article may be issued subject to conditions that will bring the dwelling or dwelling unit into compliance with the provisions of this article; provided, however, that occupancy of said dwelling or dwelling unit shall be unlawful and not permitted until all of said conditions shall have been satisfied.
[Amended 6-8-1994 by Ord. No. 6-1994; 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No. 4-2006]
Any person, firm or corporation violating any provisions of this article shall be subject, upon conviction, to one or more of the following: imprisonment in the county jail for any term not exceeding 90 days; or by a fine of no less than $100 and not more than $2,000; or by a period of community service not exceeding 90 days.
[Adopted 2-12-1997 by Ord. No. 1-1997 (Ch. 74A of the 1983 Code)]
The Pittsgrove Township Committee finds that it is desirable for the administration of laws, ordinances and regulations relating to housing that there be established and maintained a registry of residential dwelling rental units in the Township and that such registry identify accommodations which are subject to the provisions of such laws, ordinances and regulations. It is the intent of the Pittsgrove Township Committee that the registration of all residential dwelling rental housing in the Township shall provide information to aid in the Master Plan and zoning of the Township and help to improve the availability of affordable housing and the achievement of a balanced residential community.
Every building or part thereof that is rented as a residential dwelling unit as of April 1, 1997, shall be registered by the owner with the Pittsgrove Township Municipal Clerk on or before June 1, 1997. Every building or part thereof that is not rented as a residential dwelling unit as of April 1, 1997, but which thereafter becomes so rented, shall be registered by the owner with the Pittsgrove Township Municipal Clerk within 30 days after becoming so rented.
If the premises that has been registered pursuant to this article thereafter ceases to be so rented or if there is a change of tenant, the owner shall file a notice of change of status with the Pittsgrove Township Municipal Clerk within 30 days thereafter. If the premises for which the notice of change of status been filed shall again be so rented or if there is a change of tenant, the same shall, within 30 days thereafter, again be registered by the owner with the Pittsgrove Township Municipal Clerk and shall be subject to periodic registrations in accordance with this article.
Registration and notice of change of status shall be made upon a form furnished by the Pittsgrove Township Municipal Clerk. Such form shall include the name and address of the premises, the name and address of the owner, the name and address of the managing agent in charge of the premises, if other than the owner, the name and address of the tenant, the date of last physical inspection and testing of smoke detectors in the premises, the number of rooms, the number of bedrooms, the maximum number of occupants and the date of the last occupancy permit issued by the Township.
The owner of a residential dwelling unit required to be registered pursuant to this article shall pay to the Township the following fee upon filing a certificate of registration or a notice of change of status required by this article:
A. 
One to two units: as indicated in Chapter A120, Fees.
B. 
Three or more units: as indicated in Chapter A120, Fees.
C. 
Late charge: as indicated in Chapter A120, Fees.
The Pittsgrove Township Housing Officer is hereby designated the enforcement officer to ensure compliance with the provisions of this article. The enforcement officer, in addition to having the authority to sign complaints for violation of this article, is authorized to conduct investigations for the purpose of ensuring compliance with the provisions of this article.
[Amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006 by Ord. No. 4-2006]
Any person, firm or corporation violating any provisions of this article shall be subject, upon conviction, to one or more of the following: imprisonment in the county jail for any term not exceeding 90 days; or by a fine of no less than $100 and not more than $2,000; or by a period of community service not exceeding 90 days.