Township of Riverside, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Riverside 9-28-1998 by Ord. No. 1998-10. Amendments noted where applicable.]
GENERAL REFERENCES

Business licenses — See Ch. 127.

Adoption of standards — See Ch. 209, Art. II.

§ 129-1
Requirements for certificate of habitability and certificate of approval. 

§ 129-2
Procedures for obtaining certificate of habitability or certificate of approval. 

§ 129-3
Right to appeal. 

§ 129-4
Appeals Board. 

§ 129-5
Township nonliability. 

§ 129-6
Violations and penalties. 

§ 129-7
Enforcement. 

§ 129-1 Requirements for certificate of habitability and certificate of approval.

A. 

Residential; rental units.

(1) 

Prior to any change in ownership or occupancy of any house, dwelling, apartment unit, boardinghouse unit, rooming house unit or any other type of premises, whether by transfer of title, change of renting or leasing tenants or otherwise, which is used, partially used or intended to be used for human occupancy, a certificate of habitability shall first have been obtained from the Code Enforcement Officer stating that the building, or the specified portion thereof, or particular unit therein or premises complies with the requirements of the BOCA National Property Maintenance Code

Editor's Note: See Ch. 209, Property Maintenance, Art. II, Adoption of Standards.
and all other codes and ordinances of the Township of Riverside regulating and governing matters of health, sanitation, maintenance and use of any structure for human occupancy. This section shall include premises used for home occupations or for an office.

(2) 

A certificate of habitability shall be obtained as required in Subsection A(1) above or every five years, whichever occurs sooner.

(3) 

The following changes in ownership shall be exempt:

[Added 4-22-2002 by Ord. No. 2002-5]

(a) 

By the operation of an estate, whether by will or intestate;

(b) 

In accordance with a divorce settlement or judgment; or

(c) 

By tax foreclosure

B. 

Commercial; industrial units.

(1) 

Prior to any change in ownership or occupancy of any commercial or industrial establishment, building, retail shop, store, unit, facilities or any other type of commercial premises or premises used as a commercial premises, whether by transfer of title, change of renting or leasing tenants or otherwise, which is used, partially used or intended to be used for any commercial use, a certificate of approval shall first have been obtained from the Code Enforcement Officer stating that the exterior of the building, or the specified portion thereof, complies with the requirements of the BOCA National Property Maintenance Code

Editor's Note: See Ch. 209, Property Maintenance, Art. II, Adoption of Standards.
and all other codes and ordinances of the Township of Riverside regulating and governing matters of health, sanitation, maintenance and use of any structure for occupancy. This section is intended only to govern the exterior of the premises and excludes the interior of the facility.

(2) 

Owners of properties which are rented, leased or used and which must obtain a license therefore pursuant to Chapter 127, Business Licenses, shall also obtain a certificate of approval at the time of the issuance of said license unless there is a change of ownership or occupancy prior to the time a license is issued, in which case a certificate of approval shall be obtained as required by Subsection B(1) above. Thereafter, a certificate of approval shall be obtained as required in Subsection B(1) above or every five years, whichever occurs sooner.

§ 129-2 Procedures for obtaining certificate of habitability or certificate of approval.

A certificate of habitability or certificate of approval shall be requested, processed and issued in the following manner:

A. 

Application shall be made in writing by the owner or owner's agent or representative to the Code Enforcement Officer prior to a change in ownership or occupancy, requesting an inspection by said enforcement officer or designated representative or agency, specifying the premises to be inspected, the location thereof, the name of the present owner(s) and tenant(s) and lessee(s) and the number of people who shall occupy the same.

[Amended 2-28-2000 by Ord. No. 2000-2]

(1) 

The fee for such inspection and two reinspections shall be $90 per unit for a building or structure containing up to four units, which shall be tendered and paid to the Township Clerk at the time of the making the application. A fee of $25 shall be paid for the 4th reinspection and all subsequent reinspections which are required, which fee shall be tendered to the Township Clerk prior to the time of each reinspection.

(2) 

The fee for inspection and two reinspections shall be $60 per unit for a building or structure containing up to five through 16 units, which shall be tendered and paid to the Township Clerk at the time of the making the application. A fee of $25 shall be paid for the 4th reinspection and all subsequent reinspections which are required, which fee shall be tendered to the Township Clerk prior to the time of each reinspection.

(3) 

The fee for inspection and two reinspections shall be $45 per unit (or a building or structure containing the above 16 units, which shall be tendered and paid to the Township Clerk at the time of the making of the application. A lee of $25 shall be paid for the 4th reinspection and all subsequent reinspections which are required, which fee shall be tendered to the Township Clerk prior to the time of each reinspection.

B. 

The requested inspection shall be made within 10 business days of receipt of a complete application, and an inspection report containing all existing violations as may be found of all Township codes and ordinances regulating and governing matters of health, sanitation, maintenance and use of any structure for human occupancy shall be set forth as separate items by the inspecting official in a written report which shall be submitted to the person applying for the inspection.

C. 

All violations shall be corrected prior to any change of ownership or occupancy or, in the alternative, may be assumed by the prospective purchaser on the condition that such violations be corrected within a thirty-day period granted by the Code Enforcement Officer or his representative, except that no extension in excess of 60 days shall be granted, and except further that the violations set forth in Subsection D below must be corrected prior to a change in ownership or occupancy.

D. 

All violations which in the judgment of the Code Enforcement Officer pose a positive, clear and serious present or potential threat to the health, safety or welfare of any present or potential occupant shall be so designated upon the inspection report, and such violations must be corrected prior to any change in ownership or occupancy.

E. 

Reinspections may be requested by the person making the original application within 30 days of the date of the inspection report, and a reinspection shall be made within 30 days of the date of the inspection report, or as soon thereafter as the Code Enforcement Officer can schedule such reinspection in instances where the prospective purchaser has assumed responsibility for correction of violations. Fees for reinspections shall be charged as set forth in § 129-2A above.

[Amended 2-28-2000 by Ord. No. 2000-2]

F. 

Upon an Inspection Report being rendered without any violation being disclosed, or upon any disclosed violation being remedied and corrected prior to reinspection, the Code Enforcement Officer shall issue to the applicant a certificate of habitability or certificate of approval, as appropriate for the subject premises so qualifying, which shall be valid until the next occurring change in ownership or occupancy or any subsequent inspection by the Code Enforcement Officer or his representative shall disclose ordinance violations, whichever occurs first.

§ 129-3 Right to appeal.

Any person affected by a decision rendered by the Code Enforcement Officer in connection with the enforcement of this chapter of the Code shall have the right to a hearing on the same before the Appeals Board hereinafter created, provided that such person shall file a written petition of appeal with the Township Clerk requesting such a hearing and containing a statement of the grounds therefor within 10 days of the date of the Code Enforcement Officer's determination.

§ 129-4 Appeals Board.

A. 

Appointment and terms. In order to hear any appeals which applicants for a certificate of habitability or certificate of approval may desire to take with regard to the decision of the Code Enforcement Officer, there is hereby created an Appeals Board to handle such matters. The membership of said Appeals Board shall consist of five persons who shall be appointed by the Township Committee and shall serve for three years or until their successor is duly appointed and qualified. The terms of said members shall run from January 1 of the year of appointment until December 31 of the third year thereafter. Any person appointed to fill a vacancy shall serve the balance of the term of a member's position they are filling.

B. 

Membership qualifications and organization.

(1) 

The membership of the Board shall consist of:

(a) 

One member who shall be a licensed real estate agent or broker in the State of New Jersey;

(b) 

One member who shall be a licensed general building contractor with at least three years of experience in the buildings trade business; and

(c) 

Three members who don't have to have any specific experience relating to property maintenance or construction.

(2) 

All members of the Board shall be residents of the Township of Riverside unless reasonable efforts have failed to produce a local resident to serve.

(3) 

The members shall elect from the membership a Chairman and Secretary and such other officers as they may deem necessary for the conduct of their business.

C. 

Vote of the Board. The Board shall hear all appeals and render a decision thereon within 10 days after receipt of an appeal application. A majority of the membership shall constitute a quorum of the Board for taking of action on an appeal. The Board may affirm or reverse the decision appealed from in whole or in part or may modify the decision and shall make such order or determination as in the opinion of the Board should be made. Written notice of the Board's decision shall be given to the appellant and the Code Enforcement Officer.

§ 129-5 Township nonliability.

The Township shall not, by the performance of inspections and reinspections required hereby, become or be considered to be a guarantor to any owner, purchaser, tenant or other person as to the condition of any building, unit or premises inspected or a participant in any contractual relationship between any persons or parties as to same.

§ 129-6 Violations and penalties.

Any person who shall be the owner, purchaser, tenant or lessee or the agent or representative of such persons and who shall transfer, sell, buy, rent, lease or otherwise change the ownership, title or occupancy of any structure regulated or encompassed by this chapter without complying with the requirements concerning the obtaining of a certificate of habitability or certification of approval, shall be subject to the penalty set forth in § 209-4 of the Riverside Township Code.

§ 129-7 Enforcement.

It shall be the duty and responsibility of the Code Enforcement Officer to enforce the provisions of this chapter.