[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:
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.
