[HISTORY: Adopted by the Township Committee of the Township of Quinton 6-7-1967 by Ord. No. 1967-3. Amendments noted where applicable.]
The Housing Officer of the Township of Quinton be and he is hereby designated as the officer to exercise the powers prescribed by the within chapter, and he shall serve in such capacity without any additional salary.
Pursuant to the provisions of P.L. 1946, c.21, (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this chapter,[1] 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.
[1]
Editor's Note: Said copy is on file in the office of the Township Clerk.
A. 
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 Quinton in order that he may perform his duty of 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 or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
B. 
The fee for a certificate of occupancy shall be $60 for the initial inspection and first follow-up visit. For every inspection after the follow-up visit, an additional charge of $60 shall be charged for each subsequent visit. Additionally, pursuant to the Lead-Based Paint Inspection Law (P.L. 2021, c. 182),[1] the fee for a certificate of reoccupancy for rental single-family, duplex, and multidwelling units built before 1979 shall be $80, which shall include a mandatory fee of $20 which shall be deposited into the Lead Hazard Control Assistance Fund pursuant to the Lead-Based Paint Inspection Law.
[Added 6-6-1990 by Ord. No. 1990-81; amended 8-7-2002 by Ord. No. 2002-8; 10-4-2022 by Ord. No. 2022-03; 10-4-2022 by Ord. No. 2022-03]
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16
C. 
Certificate of occupancy requirements.
[Added 12-16-2003 by Ord. No. 2003-10]
(1) 
No certificate of occupancy shall be issued for a dwelling unit unless the dwelling unit complies with all of the provisions of International Property Maintenance Code/2000, as amended, and all of the ordinances of Quinton Township now in existence or hereafter enacted pertaining to plumbing, building, electrical, fire, zoning, health, safety, and minimum state housing standards and all other state department regulators established pursuant to said ordinances or laws. In addition, no certificate of occupancy shall be issued for a dwelling unit unless all household trash, property trash, garbage and waste products have been removed from the property and properly disposed by the owner or such other person as is authorized by the owner. Said removal or disposal shall be at the expense of the owner. In the event that the International Property Maintenance Code/2000 is subsequently revised, modified or updated, the standards set forth in said revised, modified or updated version of the International Property Maintenance Code/2000 shall be utilized in lieu of the International Property Maintenance Code/2000 referred to herein.
(2) 
As a requirement for the issuance of a certificate of occupancy, a landlord shall have a rental registration form on file in the Municipal Clerk's office for each rental unit.
(3) 
Any home requiring a certificate of occupancy must have a smoke detector in every bedroom.
[Added 12-20-2005 by Ord. No. 2005-7]
(4) 
The owner of any residential property, including dwellings, dwelling units and rooming units, shall obtain a certificate of occupancy prior to the initial occupancy of said property by the owner or a tenant or lessee. A certificate of occupancy is required to be obtained upon a change of the owner or the change of the tenant or lessee in any said dwelling, dwelling unit or rooming unit. If a certificate of occupancy is issued for a dwelling, dwelling unit or rooming unit while said property is vacant, the certificate of occupancy shall be valid for a period of up to six months.
[Added 3-3-2010 by Ord. No. 2010-03]
(5) 
No certificate of occupancy shall be issued unless all municipal taxes, sewer charges, and other municipal assessments are paid on a current basis.
[Added 11-6-2018 by Ord. No. 2018-10]
(6) 
Pursuant to the passage of the New Jersey Lead-Based Paint Inspection Law (P.L. 2021, c. 182),[2] all single-family, duplex, or multifamily rental dwelling units built before 1979 must be inspected for lead-based paint hazards during a turnover, or within two years of July 22, 2022, whichever is first. After the initial inspection, the rental unit is required to be inspected every three years or upon subsequent tenant turnover, whichever is earlier, but not sooner than two years. The landlord is responsible for the cost of inspection to obtain the certificate. The landlord is further responsible for all costs to remediate any hazards identified within 30 days of inspection. Failure to do so will result in a fine of up to $1,000 per week until the required inspection has been conducted or the remediation efforts have been initiated. If the landlord has already obtained a lead-free certificate from a State of New Jersey approved and licensed lead inspector, the property is exempt upon providing a lead-free certificate to the Township Housing Officer. No certificate of occupancy for a home built before 1979 can be issued without an inspection certificate (lead-safe or lead-free) from a State of New Jersey approved and licensed lead inspector. Failure to obtain a lead-safe or lead-free certificate within the time frames listed in the Lead-Based Paint Inspection Law, P.L. 2021, c. 182, will result in the previously issued certificate of occupancy being revoked. As per the Lead-Based Paint Inspection Law, P.L. 2021, c. 182, the Township is required to hire a DCA approved lead inspector to perform inspections if the landlord does not wish to hire their own DCA approved lead inspector. All fees associated with inspection are the full responsibility of the landlord and must be paid in full with proof of payment before any certificate of occupancy will be issued.
[Added 10-4-2022 by Ord. No. 2022-03]
[2]
Editor's Note: See N.J.S.A. 52:27D-437.16
A. 
Whenever the Housing Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter 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 a reasonable time for the performance of any act it requires; and 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 laws of this state. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter 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 chapter 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 the Housing Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was 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 such 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, said 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. After such hearing, said Officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If said Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter 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 Housing Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. 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. 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 all order rejecting 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 chapter, 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 chapter 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 chapter, provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter, 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 of Quinton.
No person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 7-3-1991 by Ord. No. 1991-8]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $1,000 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.