[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 12-29-1980 by Ord. No. 243-80 as Ch. VIII, Sec. 8-2,
of the 1980 Revised General Ordinances. Amendments noted where applicable.]
Chapter 50 of the Laws of 1974, N.J.S.A. 46:8-27 et seq., provides for the filing of registration statements with municipalities by certain owners of residential property under certain circumstances and further require the furnishing of information by such owners to their respective tenants, and the Township Committee of the Township of Weymouth is interested in ensuring that all dwelling units occupied within the Township are safe for Township residents and comply with Chapter 110, Construction Codes, Uniform, and Chapter 155, Land Use.
There is hereby created within the Township a position known
as "Housing Inspector." The Housing Inspector shall be appointed by
the Township Committee and shall hold office for a term of one year,
from January 1 to December 31. The Housing Inspector shall have the
duty of enforcing this chapter, and shall be further designated as
an assistant Construction Code Official. The salary of the Housing
Inspector shall be as provided in this chapter, except that he shall
be entitled to such additional fees as are permitted the Construction
Code Official when he is carrying out the duties of this position.
As used in this chapter, the following terms shall have the
meanings indicated:
That certificate of compliance issued by the Housing Inspector
indicating compliance with this chapter, particularly as it relates
to habitability, it is not intended to supplant or to replace or be
in lieu of the certificate of occupancy issued by the Construction
Code Official which demonstrates compliance with the construction
code; however, a violation of the construction code is sufficient
to warrant refusal to issue a certificate of occupancy under this
chapter. It is expressly directed that persons requiring certificate
of occupancy under the construction code shall also obtain the certificate
of occupancy or the additional certificate of occupancy required under
this chapter.
Any single-family dwelling, each individual unit of a multifamily
dwelling, and any room or rooms, whether furnished or unfurnished,
which is occupied or intended to or designed to be occupied for sleeping
or dwelling purposes by one or more persons, and shall include all
facilities connected with any such dwelling, living unit or room;
provided, however, that the term "dwelling unit" as used in this chapter
shall not include any room or suite of rooms in a hotel or motel unless
the units rented in the hotel or motel shall contain two or more units
having eating and cooking facilities, which are rented on a weekly
or monthly basis, in which event the units containing such facilities
shall be considered dwelling units subject to inspection. Provided,
further, however, that this definition shall not preclude the requirement
that a certificate of occupancy be issued upon the sale of a hotel
or motel as specified herein.
Any building or structure of one or more stories, and any
land appurtenant thereto, in which three or more dwelling units are
occupied or intended to be occupied by three or more persons who live
independently of each other.
Any individual, corporation, association, partnership or
other similar legal entity.
A.
The owner of any new house, dwelling unit, mobile home, duplex or
other dwelling which is being sold or constructed for first occupancy
shall notify the Housing Inspector of the Township in writing and
request an inspection for the issuance of a certificate of occupancy,
which certificate shall be for the benefit of the buyer or first occupant
of such unit.
B.
Information to be supplied in application for certificate of occupancy.
The owner, tenant or any person or corporation required to obtain
a certificate of occupancy shall provide the Housing Officer in writing
with the following information:
(1)
A sketch of the premises showing rooms, indicating sizes intended
to be used for human habitation or otherwise.
(2)
The number of persons who will occupy the premises including each
room on a residential basis and the number of persons who will occasionally
visit and remain overnight. If rented, whether obligation to correct
housing violations and code defects is assumed by tenant.
(3)
Such other information as the Housing Inspector shall determine germane
and appropriate to the application.
The owner of any house, dwelling unit, multiple dwelling, mobile
home, duplex or other dwelling unit who desires to rent same or any
portion thereof to another person shall notify the Housing Inspector
of the Township in writing, and request an inspection for the issuance
of a certificate of occupancy, which certificate shall be for the
benefit of the person who is to rent said unit.
A.
No person shall occupy, lease, sublease or otherwise permit the occupancy
of, whether or not for consideration, any house, apartment, dwelling
unit, mobile home, duplex or other dwelling unit unless a certificate
of occupancy shall first have been obtained from the Housing Inspector
of the Township. This certificate shall certify that the unit or structure
in question is fit for human habitation and fully complies with all
applicable ordinances of the Township of Weymouth.
B.
No permit shall be issued for any house, apartment, mobile home,
duplex or other dwelling unit that is not fit for human habitation
or which does not otherwise comply with all applicable ordinances
of the Township. The Housing Inspector shall determine that a house,
duplex, apartment, mobile home or other dwelling unit is unfit for
human habitation if he finds that conditions exist in such dwelling
which are dangerous or injurious to the health or safety of the occupants
thereof or dangerous or injurious to the health or safety of neighboring
residents of the public, or that conditions around such dwelling unit
do not comply with applicable ordinances of the Township. Such conditions
shall include without being limited to the following:
(1)
Defects increasing the hazard of fire, accident or other calamities.
(2)
Lack of adequate ventilation, light or sanitary facilities.
(3)
Defects in the plumbing or heating systems which are either dangerous
or unsanitary.
(4)
Dilapidation, disrepair or structural defects.
(5)
Uncleanliness or infestation by rodents or vermin.
(6)
Violations of any construction code including those relating to building,
wiring, plumbing, sanitation, etc., of the Township.
(7)
The failure of a developer or owner of a subdivision which contains undedicated streets or roads to pave or otherwise improve said streets or roads in accordance with Chapter 155, Land Use, or to install drainage or other improvements as may be required by Chapter 155, Land Use, or the Township Engineer. This chapter is intended to apply to a dwelling unit which fronts on such unpaved or otherwise unimproved street or road in which is substantially affected by the failure of the developer or subdivider to provide drainage or other required improvements.
C.
In the case of multiple-family dwellings, no certificate of occupancy
shall be issued for any dwelling unit located therein unless the Housing
Inspector first finds that the dwelling unit is in full compliance
with the Hotel and Multiple-Dwelling Law, N.J.S.A. 55:13A-1 et seq.,
and the regulations promulgated thereunder, and all applicable ordinances
of the Township of Weymouth.
D.
If, upon inspection, the Housing Inspector finds that the dwelling
unit in question complies with the requirements of this chapter, and
of other applicable ordinances in the Township, he shall issue the
certificate of occupancy within three working days after the date
of inspection.
E.
In the event that violations are found to exist, the Housing Inspector
shall, within three working days after the date of inspection, notify
the owner and require correction thereof prior to issuing a certificate
of occupancy.
F.
Once a certificate of occupancy is issued by the Housing Inspector,
this certificate shall remain in full force and effect until a new
certificate shall be required either by the vacancy of the premises
for which the certificate was issued, the sale of premises to a new
owner, or upon conviction for violation of this chapter, the Uniform
Construction Codes or any provisions of the Code of the Township of
Weymouth.
[Amended 6-19-1996 by Ord. No. 344-96]
G.
The owner shall maintain the certificate of occupancy and make the
same available for the inspection of an existing or prospective occupancy.
H.
In the event that violations exist after the issuance of certificate
of occupancy, the Housing Inspector may revoke the certificate of
occupancy, provided that 10 days' notice shall be given to applicant
to correct the condition.
[Amended 8-18-1982 by Ord. No. 248-82; 6-19-1996 by Ord. No. 344-96]
A.
The fee for the inspection of any house or part of any duplex shall
be $45, payable at the time the request for inspection and issuance
of certificate of occupancy is submitted.
[Amended 3-17-2004 by Ord. No. 414-2004]
B.
The fee for the inspection of any mobile home, apartment, multifamily dwelling, hotel or motel, or other dwelling unit, other than as set forth in Subsection A of this section, shall be $45, per unit, payable at the time the request for inspection and issuance of certificate of occupancy is submitted.
[Amended 3-17-2004 by Ord. No. 414-2004]
C.
No fee shall be required where a dwelling unit requiring inspection
is owned by the State of New Jersey, the County of Atlantic or the
Township of Weymouth, or any agency or instrumentality of the state,
county or municipality.
To effectuate the purposes and provisions of this chapter, the
Housing Inspector shall have the right to exercise such powers as
may be necessary to carry out a proper inspection, including but not
limited to the following, and including all other powers which may
be granted by law:
A.
To investigate dwelling conditions in the Township in order to determine
which dwellings, dwelling units or other places of residence therein
are unfit for human habitation.
B.
To enter upon premises for the purpose of making examinations at
all reasonable hours.
C.
To sign complaints alleging violations of any condition, code or
ordinance that are found by him upon inspection or as directed by
Township Committee.
[Amended 6-19-1996 by Ord. No. 344-96]
The Construction Code Official is also designated to enforce
this chapter.
A.
The Housing Inspector shall, upon completion of an inspection, prepare
a report and shall file the original with the Township Clerk, provide
a copy to the Construction Code Official, retain a copy in his office
which shall be kept on file for a period of five years from the date
of inspection.
B.
At the request of any person desiring a copy or copies of any report,
the same shall be available to said person as a public record, and
a for each such copy shall be made and remitted to the Township treasury
as are permitted by the Laws of the State of New Jersey.
[Amended 6-19-1996 by Ord. No. 344-96]
All fees collected by the Housing Inspector shall be deposited
with the Township Clerk within 48 hours after receipt.
Where a dwelling unit is not granted a certificate of occupancy
for reasons set forth in this chapter, the Housing Inspector shall
not an additional fee for a first reinspection where he has set forth
the violations in writing to the owner or other person requesting
such inspection. However, for failure to correct any condition of
which the owner or other person was notified in writing, the Housing
Inspector shall be entitled to an additional inspection fee as set
forth herein for a second reinspection and for each additional reinspection
thereafter until all conditions originally set forth by the Housing
Inspector are corrected and a certificate of occupancy is issued.
The Assessment Clerk of the Township shall set forth on any
assessment search which he provides to a prospective buyer of real
estate a notice that the buyer of any dwelling unit in the Township
is required to obtain a certificate of occupancy before occupying
the premises. The failure, however, of the Assessment Clerk to provide
a prospective buyer with such notice shall not excuse any person purchasing
real estate from first obtaining a certificate of occupancy before
occupying the premises.
Any farm building or other building in the Township which is
subject to inspection pursuant to federal or state law and which is
actually inspected by a federal or state inspector shall be exempt
from the requirement for a certificate of occupancy under this chapter
and from the fees connected with the issuance of this certificate.
