[HISTORY: Adopted by the Township Committee of the Township of Ocean as indicated in article histories. Amendments noted where applicable.]
Article I Unsafe Buildings
Article II Unfit Buildings
[Adopted by Ord. No. 5-4A (§ 12-2 of the 1972 Ocean Codified Ordinances)]
The owner, tenant or person in possession of any lands in the Township, whereon there is situate a building or structure, shall keep such building or structure in a safe condition.
Any building or structure that is or hereafter shall become unsafe, unsatisfactory or deficient in adequate existing facilities, or which constitutes a fire hazard, or is otherwise dangerous to human life or the pubic welfare, or which by reason of illegal or improper use, occupancy or maintenance, shall be deemed an unsafe building or structure. All unsafe structures shall be taken down and removed or made safe and secure, as the Building Official and the Township Committee may deem necessary and as provided in this article. A vacant building, unguarded or open at a door or window, shall be deemed a fire hazard and unsafe within the meaning of this article.
After an investigation of any complaint of a resident officer or employee of the Township, relative to a violation of this article or upon his/her own motion, the Building Inspector shall make a written report of the conditions complained of to the Township Committee at their next regular meeting. If the reported conditions are found to exist, the Township Committee shall direct the Clerk or the Building Inspector to notify the owner, tenant or person in possession of the lands complained of in writing, either personally or by certified mail, to remove or place in a safe condition such building or structure within 15 days after receipt of the notice. In addition to mailing such notice, the Township Committee, after the reported conditions are found to exist, shall instruct the Building Inspector to post a copy of the above described notice on the subject building or structure within three days of the date of the mailing of such notice.
The Building Inspector shall reinspect the lands in question and the building or structure located thereon after the expiration of the fifteen-day period established in § 118-3 and shall report, in writing, to the Township Committee at its next regular meeting. If the condition complained of has not been abated, then the Township Committee shall authorize the Building Inspector to remove and/or demolish such building or structure or take such action which the Township Committee and the Building Inspector may deem necessary to abate the unsafe condition.
If, in accordance with § 118-4, the Township Committee directs the Building Inspector to remove and/or demolish the building structure complained of, or to take the necessary action in order to abate condition complained of, the Building Inspector shall use the condition or structure complained of to be demolished, or shall cause the condition complained of to be abated in some other manner and shall certify the cost of same to the Township Committee, which shall examine the certificate and, if it is found to be correct, cause the cost a shown thereon to be charged against the lands in accordance with N.J.S.A. 40:48-1.1. The amount so charged shall become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rates as taxes, and shall be collected by and enforced by the same officer and in the same manner as taxes.
[Adopted by Ord. No. 1985-14, as amended through Ord. No. 1986-4 (§ 13-1 of the 1972 Ocean Codified Ordinances)]
The Uniform Construction Code Official of the Township be and he/she is designated as the officer to exercise the powers prescribed by this article, and he/she shall serve in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's Office is accepted, adopted and established as a standard to be used as a guide in determining whether dwellings and buildings 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 article 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.
The Uniform Construction Code Official is authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, premises and buildings located within the Township in order that he/she may perform his duty of safeguarding the health and safety of the occupants of dwellings and buildings and of the general public. For the purpose of making such inspections, the Uniform Construction Code Official is authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, premises and buildings. The owner or occupant of every dwelling, dwelling unit, rooming units and buildings, or the person in charge thereof, shall give the Uniform Construction Code Official full access to such dwelling, dwelling unit, rooming unit or building and in premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit, building or premises, shall give the owner thereof, or his/her agent or employee, access to any part of such dwelling or dwelling unit, or building 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 article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
Whenever the Uniform Construction Code Official determines that there are reasonable grounds to believe that there has been such a violation of any provision of this article, or of any rule or regulation adopted pursuant thereto, he/she 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 be served upon the owner or his/her 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/her personally; or if a copy thereof is posted in a conspicuous place in or about the dwelling or building affected by the notice; or if he/she 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 article and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Uniform Construction Code Official, provided such person shall file in the office of the Uniform Construction Code Official 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 Uniform Construction Code 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 the Uniform Construction Code Official may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his/her judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Uniform Construction Code Official shall sustain, modify, or withdraw the notice, depending upon his/her findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Uniform Construction Code Official sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Uniform Construction Code Official within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Uniform Construction Code Official, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Township Clerk. Such record shall also include copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Uniform Construction Code Official may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state. Whenever the Uniform Construction Code Official finds that an emergency exists which requires immediate action to protect the public health, or safety, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Uniform Construction Code Official shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Uniform Construction Code Official shall continue such order in effect, or modify it, or revoke it.
The Uniform Construction Code Official is authorized and empowered to make and adopt such written rules and regulations as he/she may deem necessary for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article, nor in any way alter, amend or supersede any of the provisions thereof. The Uniform Construction Code Official shall file a certified copy of all rules and regulations which he/she may adopt in his/her office and in the office of the Clerk of the Township.
No person shall occupy as owner, or occupant or rent to another for occupancy any dwelling or dwelling unit, or building, for the purpose of living therein or using same which does not conform to the provisions of the New Jersey State Housing Code established in this article as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation, use or occupancy.
For the purposes of this article, all definitions set forth in the New Jersey State Housing Code have been adopted by reference as if set forth more fully in this article and repeated at length.
[Amended 4-14-2011 by Ord. No. 2011-3]
The Township, upon request, will issue a "Letter of No Interest" with regard to the sale and transfer of title of any single-family dwelling or individual unit of a multifamily dwelling, thereby confirming that no new certificate of occupancy is needed or required by the Township for resale of single-family dwellings or single-family units of multifamily dwelling. The fee charged by the Township to provide a Letter of No Interest shall be $50 and shall be payable upon request and before the issuance of the Letter of No Interest.
The purpose of this section shall be to insure that there are no outstanding open permits of any type with respect to the subject property. In the event permits are outstanding, the Letter of No Interest shall not be provided until such time as said permits have been closed out.
A certificate of occupancy and/or reoccupancy shall be required for any other commercial building or any individual commercial unit within an existing commercial building whenever same shall be sold or rented, and such commercial building or unit shall not be occupied by the vendee, tenant, lessee or owner as the case may be, until such time as a certificate of reoccupancy approval or certificate of occupancy approval has been obtained from Uniform Construction Code Official or his or her agent, stating that the unit or building so described therein complies with their requirements of this article, all local ordinances and the New Jersey State Housing Code. The initial inspection fee or reinstatement fee shall be $50.
In addition, any other commercial building or commercial unit within an existing building may be sold or rented in an "as-is condition" despite the fact that certain requirements of this article have not been complied with. Under those circumstances, a written notification, on a form to be adopted by the Uniform Construction Code Official, must be duly executed by the proposed purchaser indicating that the purchaser is purchasing the building in an as-is condition, is aware of the requirements which must be met to comply with this article, and agrees to meet those requirements before occupying the subject premises.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine of not to exceed $200 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 article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
With regard to additions to existing structures, such addition shall in all respects comply with all provisions of the State Housing Code insofar as it relates to the particular type of occupancy for which the addition is being made. With regard to new construction of an entire private dwelling unit, all provisions of the Uniform Construction Code shall apply.