[1]
Editor's Note: This ordinance also superseded
former Ch. 84A, Rental Property Inspections, adopted 10-21-1969 by
Ord. No. 885.
This article shall be known as the "Rental Unit
Inspection Ordinance."
The owner of any residential rental property
shall, prior to rental or lease involving a new occupancy of any unit
or dwelling space in such property, obtain a certificate of inspection
for said unit or dwelling space.
The certificate of inspection shall be issued
by the Construction Official or such person designated by the Construction
Official to issue the certificate of inspection. The certificate shall
be issued or denied within 10 days of the date of application to the
Building Department.
The certificate of inspection shall certify
that the dwelling unit, and its intended use, complies with the provisions
of applicable building, health, safety and fire codes, regulations,
ordinances and statutes of the Borough of Ridgefield and State of
New Jersey.
The fee for the certificate of inspection as
provided for herein shall be $50 and shall be paid at the time of
and together with the filing of the written application by the owner
or his authorized representative. Said fee shall reflect, in part,
the cost for the initial inspection required by this article. In the
event that subsequent inspection(s) are required due to violations,
there shall be due from the owner or his authorized representative
an additional fee of $10 for each such reinspection.
The Construction Official shall promulgate an
application for the certificate of inspection. That form shall include
at least the following information: name and address of owner or landlord;
address of rental space to be inspected; description of rental premises,
including number and description of rooms; names and ages of intended
tenants or occupants.
[Amended 2-28-2005 by Ord. No. 1921]
Within five days after receiving such notice
that a dwelling unit has been vacated or is about to be rented, the
Construction Official shall inspect or cause to be inspected said
premises. The Construction Official may request assistance from other
Borough officials, including employees of the Building Department,
employees of the Health Department and/or the Borough Attorney. The
purpose of said inspections shall be to ascertain whether or not the
vacated premises meet the standards of the applicable building, zoning,
health, safety and fire codes, regulations, ordinances and statutes
of the Borough of Ridgefield in the State of New Jersey and that the
premises are safe and habitable for their intended use.
In the event that the premises to be leased
or rented meet the standards of the applicable building, health, safety
and fire codes, regulations, ordinances and statutes of the Borough
of Ridgefield and the State of New Jersey, the Construction Official
shall issue a certificate of inspection. In the event that the premises
do not meet the standards outlined herein, the Construction Official
shall give notice in writing of repairs and/or corrections to be made.
In such event, the Construction Official or his agent or designee
shall make a reinspection within 14 days, or sooner if the Construction
Official has been notified that the improper conditions have been
corrected and, if the premises meet the appropriate standards of the
applicable building, health, safety and fire codes, regulations, ordinances
and statutes of the Borough of Ridgefield and the State of New Jersey,
the Construction Official shall issue a certificate of inspection.
The applicant shall correct all violations as
set forth by the inspector within 14 days from the denial of the certificate
of inspection and notice of repairs and/or corrections to be made.
Following the effective date of this article,
no such vacated apartments or premises shall be rented or occupied
in whole or in part by any tenant until the certificate of inspection
has been received or a temporary certificate of inspection has been
received. No owner or landlord may receive or collect rent for any
residential apartment or rental unit which has not received a certificate
of inspection. No real estate agency, company or other entity that
is entitled to receive a commission or other emolument on account
of the rental of an apartment covered by this article shall list,
advertise or otherwise aid or assist or attempt to aid or assist in
the rental of such apartment which does not have a certificate of
inspection.
The Construction Official may issue a temporary
certificate of inspection if the repairs and/or corrections are not
deemed by him to be injurious to the safety or the habitability of
the premises. Said temporary certificate shall automatically expire
30 days after its issuance. If the owner or landlord has not made
the repairs or the corrections within that time period, no certificate
of inspection will be issued. If the repairs and/or corrections have
been made, the Construction Official shall issue a certificate of
inspection.
Every owner of premises used for residential
rental purposes shall file, under oath, with the Construction Official
of the Borough a statement containing the address of the premises;
the name, address and telephone number of the agent in charge of the
premises, if any; the name, address and telephone number of the superintendent,
if any; the number of apartments or dwelling units in such premises;
and a description of the number and type of rooms in each unit, the
names of all tenants or occupants and the ages of any children age
18 and younger. When the owner of such premises is a corporation,
such statement shall be made, under oath, by the appropriate officers
of the corporation. All statements shall contain a telephone number
where the owner of the premises may be reached in the event of an
emergency situation.
In the event that the owner of such premises
fails to supply such information to the Construction Official of the
Borough of Ridgefield by December 15, 2003, then and in that instance,
the owner of such premises shall be deemed to have appointed the Borough
Clerk as his agent for the acceptance of process against him in any
proceeding issuing out of the Municipal Court of the Borough by reason
of a violation of this article. In such case, the Borough Clerk shall
accept service of the original and a copy of the summons and two copies
of the complaint, and the Borough Clerk shall forthwith send a copy
of the summons and complaint by certified mail to the last known address
of the owner of the premises as designated by the records of the Tax
Office of the Borough, and the mailing of such notice of service of
process shall be deemed full compliance with the jurisdictional requirements
of due process and shall give the Municipal Court of the Borough jurisdiction
over the owner of the premises and to constitute personal service
of process on the owner.
In the alternative, the service of process against
the owner in any proceeding issuing out of the Municipal Court of
the Borough by reason of violation of this article may be made by
the Construction Official or his designee by affixing a copy of the
summons and complaint onto the door of the main entrance of the premises,
and the Construction Official or his designee, on the same day, shall
mail a copy of the summons and complaint by certified mail to the
last known address of the owner or agent of the premises as the name
may be disclosed by the records of the Tax Office of the Borough and
notify the owner of a hearing regarding the alleged violation. Such
notice shall be given at least 10 days before the day of the hearing.
[Amended 6-28-2010 by Ord. No. 2133]
A.
If this article of the Code of the Borough of Ridgefield
provides for the licensing or permitting of the violator, the Mayor
and Council of the Borough of Ridgefield reserve the right to revoke
such permit or license following a conviction of the violation of
the provisions of this article.
B.
Any person found guilty of violating this article
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this article of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
C.
In the event of a continuing violation, each day shall
constitute a separate offense.
