[HISTORY: Adopted by the Borough Council of the Borough of Carteret 1-18-1985 by Ord. No. 84-45; amended in its entirety 6-5-1986 by Ord. No. 86-12. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 91.
Housing standards; unsafe and abandoned buildings — See Ch. 93.
Uniform construction codes — See Ch. 109.
Electrical standards — See Ch. 124.
Property maintenance — See Ch. 198.
Trailer parks — See Ch. 243.
Housing standards (Board of Health) — See Ch. 304.
As used in this chapter, the following terms shall have the meanings indicated:
MULTIPLE DWELLING
Includes any building or structure and the land appurtenant thereto containing two (2) or more apartments or dwelling units rented or offered to tenants, including mobile homes and mobile trailer parks, excepting, however, owner-occupied two-family homes, motels, hotels and boarding homes.
[Amended 6-16-2011 by Ord. No. 11-14]
Every owner of premises containing two or more apartments or dwelling units, including mobile homes and mobile trailer parks, shall file, under oath, with the Municipal Clerk of the Borough of Carteret a statement containing the address of the premises, the name and address of the owner of the premises, the name and address of the superintendent and/or the name and address of the agent in charge of the premises, the number of apartments/mobile units in said premises, a description by number or letter of each such apartment in the premises and the name of the tenant located within said premises on the date the statement was prepared. If the owner of said premises is a corporation or other entity other than an individual, said statement shall be made under oath by the president, vice president or secretary of said corporation or a principal of such other entity. This shall include all one- or two-unit rental dwelling premises, to include owner-occupied two-family and non-owner-occupied single-family rental properties.
No multiple dwellings, apartments, dwelling units or mobile space shall be leased, subleased, rented, let or sold to any tenant, lessee or purchaser unless a certificate of habitability is issued by the Code Enforcement Officer of the borough.
A. 
In cases where an apartment/mobile space is about to be vacated, the owner may file with the Code Enforcement Officer a statement containing the designation of the apartment about to be vacated and may request an inspection by the Code Enforcement Officer with the date of actual or expected vacation of said premises. Said inspection shall be made at a time not more than twenty-one (21) days before the actual or expected vacation. An inspection during the period of an actual tenancy shall not be made unless specifically authorized by the present tenant.
[Amended 9-4-2003 by Ord. No. 03-33]
B. 
In circumstances where an inspection has been made within twenty-one (21) days of the proposed vacancy of the apartment or dwelling unit, the Code Enforcement Officer shall issue a report, in writing, of the results of the inspection, a copy of which must be given to the owner and the present tenant. In addition thereto, a copy of the report must be submitted to the new tenant by the owner within five (5) days of the new tenancy. The owner must, within five (5) days of the delivery of the report to the new tenant, certify to the Code Enforcement Officer that the same has been accomplished. If violations are found which require correction but which, in the opinion of the Officer, do not render said premises unsafe for human habitation, then the Officer may issue a temporary certificate of habitability for a period of time within which the owner shall repair or correct all listed violations. The maximum time in which to correct violations shall not exceed the remaining days of the old tenancy, with a maximum of twenty-one (21) days. Upon the correction of such violation, the Code Enforcement Officer shall issue an unconditional certificate of habitability to the owner.
C. 
In circumstances when an unconditional certificate of habitability is issued during the old tenancy and wherein the new tenant advises the Officer of a change in circumstances that have arisen between the date of inspection and the date that the new tenant began his or her tenancy, there shall be a second inspection. If, as a result of a second inspection, it is determined that there are violations and the apartment is not uninhabitable, then the owner shall be provided with thirty (30) days in which to correct the same. If the violations have not been corrected within the thirty-day period, the original certificate of habitability shall be revoked, the tenancy terminated and the apartment vacated. If it is determined that the apartment is uninhabitable at the time of the inspection requested by the new tenant, then the certificate of habitability shall be forthwith revoked, the new tenancy terminated and the apartment vacated.
D. 
In circumstances where an inspection cannot be made during the period of an old tenancy, then within ten (10) days after the tenant vacates an apartment or dwelling unit or mobile space, the owner shall file with the Code Enforcement Officer a statement containing the designation of the apartment/mobile space vacated and request to have the same inspected. The vacated apartment shall be inspected within seven (7) working days of the date that the owner has requested said inspection. The Code Enforcement Officer shall issue a certificate of habitability if no violations are found. If violations are found, no certificate of habitability can be secured.
E. 
If the Code Enforcement Officer cannot make an inspection within seven (7) working days of the date that the owner requested an inspection, then the apartment may be occupied subject to the right of the Code Enforcement Officer to inspect the same during the term of the new tenancy. If, at the time of the inspection subsequent to the apartment being occupied by the new tenant, the Code Enforcement Officer finds no violations, then a certificate of habitability shall be issued providing the owner with thirty (30) days in which to make repairs. If, at the time of inspection, it is determined that the apartment is uninhabitable, then the tenancy shall immediately terminate, and the apartment shall be vacated.
[Amended 9-4-2003 by Ord. No. 03-33]
The fee for said certificate of habitability or temporary certificate of habitability, including the review of statement and inspection, shall be the same as may be required for a certificate of occupancy and shall be paid with the statement setting forth the vacation of the apartment in question.
No certificate of habitability shall be issued for any multiple dwelling unit/mobile unit that is not fit for human habitation, occupancy or use and in full compliance with all of the ordinances of the Borough of Carteret, the statutes and regulations of the State of New Jersey and the laws of the United States of America relating to building, health, safety or general welfare, and no certificate of habitability shall be issued if there are found on the premises defects causing the hazards of fire, accident or other calamities, lack of adequate ventilation, lack of adequate light or sanitary facilities, dilapidation, disrepair or structural defects or uncleanliness so as to tend to cause or spread disease or harbor insects, rodents or vermin.
If, in the opinion of the Code Enforcement Officer, additional expertise is needed from either the Health Department, the Police Department or the Fire Department in order to determine whether hazards exist, said Code Enforcement Officer herein has the power to secure the assistance and to enter the premises in conjunction with representatives of said Departments so as to make inspections of the premises.
No owner or representative of an owner or tenant shall officially request an inspection until such time that he verifies, in writing, that, in his judgment, the apartment or dwelling is not being maintained in violation of the laws of the Borough of Carteret, State of New Jersey and/or the United States of America.
The Code Enforcement Officer shall be the final authority as to whether violations exist and whether a summons shall be issued returnable in the Municipal Court of the borough.
[Amended 4-19-1990 by Ord. No. 90-16]
Any person who shall violate any provision of this chapter or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.