The purpose of this article is to ensure compliance
with the Housing Code of the City of Trenton in order to maintain
high standards of housing for homeowners within the City. The City
of Trenton, however, by this article will not guarantee the quality
or soundness of any property or structure, nor will it be liable to
any persons for any act or omission in connection with an inspection
or failure to inspect, nor shall the City be considered to be involved
in any manner in the contractual relationship between an owner, tenant
or purchaser.
[Amended 7-19-2005 by Ord. No. 05-91]
A. Prior to the change of ownership of any residential property a certificate of Housing Code compliance shall have first been obtained from the Department of Inspections, Division of Housing Inspections. This document, issued by the Director, shall certify that the residential property conforms to the existing Zoning and Fire Safety Codes of the City of Trenton, smoke detector and carbon monoxide detector compliance as set forth in Chapter
132, §
132-40, and substantially conforms to the minimum standards of habitability as outlined in Chapter
132, Articles
V through
VIII, and pertinent electrical and plumbing codes. Substantial compliance as to the electrical and plumbing codes shall be defined as the existence of service and fixtures which are in a safe, sound, and sturdy condition and do not give rise to a fire, safety or life hazard condition. In lieu of the certificate of Housing Code compliance, the change of ownership may occur if the prospective owner files with the Department of Inspections an affidavit indicating that the property will not be occupied until such time as a certificate of Housing Code compliance is obtained.
B. In lieu of the certificate of Housing Code compliance
for tenant-occupied property, the change of ownership may occur if
the property owner files a request for an inspection contemporaneously
with the change of ownership. A temporary certificate of Housing Code
compliance will be issued and all required repairs must be completed
within 90 days.
C. A certificate of approval and/or certificate of continued
occupancy are acceptable substitutes for a certificate of Housing
Code compliance.
The following transfers are hereby exempt from
the provisions of this article.
A. Transfers to immediate family members for owner-occupied
properties only.
B. Transfers pursuant to probate proceedings.
C. Transfers for property intended to be demolished,
provided that proper notice to the Department of Inspections is given
and an application is made for a demolition permit.
At the sole discretion of the Director of the
Department of Inspections, a temporary nonrenewable certificate of
Housing Code compliance may be issued in the case of the transfer
of a property to be owner-occupied. The temporary certificate of Housing
Code compliance will be issued for a period not to exceed six months
from the date of transfer in order to allow the owner-occupant to
complete the repairs. No temporary certificate of Housing Code compliance
may be issued if the Department of Inspections determines that a life
hazard exists.
Applications for a certificate of Housing Code
compliance shall be in writing on a form provided by the Department
of Inspections and shall disclose the identity of the owner and prospective
owner or occupant and shall be accompanied by the fee set forth in
the following section.
Any person violating any provision of this article shall, upon conviction, be subject to the penalty set forth in Article
XV with the stipulation that the minimum fine for a first offense shall be $100. Any person convicted of a subsequent violation within a one-year period shall be fined an additional amount as a repeat offender. The additional fine shall be a minimum of $100 and shall be in addition to the fine for violation of the ordinance.