Township of Little Egg Harbor, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 148.
Uniform construction codes — See Ch. 159.
Fire prevention — See Ch. 179.
Rental property — See Ch. 279.
[Amended 3-12-2009 by Ord. No. 2009-04; 6-14-2018 by Ord. No. 2018-09]
All buildings, structures and units thereof that are leased or rented, regardless of term, in the Township of Little Egg Harbor, for living or sleeping purposes, commercial or business purposes, or any other purpose shall be inspected by the Zoning Officer or his/her designee on every initial occupancy or change of occupancy, but there shall not be more than one such inspection fee of each leased or rented building, structure or units thereof in any calendar year.
All buildings, structures and units thereof which are inspected pursuant to this article shall comply in all respects with the requirements of Township ordinances and the applicable provisions of the New Jersey Uniform Construction Code, the provisions of N.J.S.A. 55:13A-1 et seq., the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13B-1 et seq., the Rooming and Boarding House Act of 1979, and the rules and regulations promulgated thereunder.
[Amended 6-14-2018 by Ord. No. 2018-09]
The owner, rental agent or manager of all buildings and structures and units thereof which are subject to inspection pursuant to this article shall be responsible for notifying, in writing, the Zoning Officer or his/her designee that such premises are leased or rented or being offered to be leased or rented so that an inspection or reinspection may be made.
[Amended 6-14-2018 by Ord. No. 2018-09]
Upon completion of an inspection of the premises and the same being determined by the Zoning Officer or his/her designee to comply with this article, a rental certificate of occupancy shall be issued. A copy of the certificate shall be posted by the owner, rental agent or manager of the inspected property in each separate leased or rented unit. No tenant shall occupy any building, structure or any units thereof until a rental certificate of occupancy has been issued.
[Amended 6-14-2018 by Ord. No. 2018-09]
In the event that the Zoning Officer or his/her designee determines after an inspection that the premises in question are in violation of this article, the Zoning Officer or his/her designee shall notify, in writing, the owner, rental agent or manager of the violations noted. Upon the correction of the violations, the owner, rental agent or manager shall notify, in writing, the Zoning Officer or his/her designee that the corrections have been made so that a reinspection of the property may occur. If, upon reinspection of the property, the Zoning Officer or his/her designee determines that the previous violations were not corrected or new violations exist, then the Zoning Officer or his/her designee shall again, in writing, notify the owner, rental agent or manager of the inspected property of the violations, and this process shall continue until all violations have been corrected.
Service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner, rental agent, or manager personally; or by leaving the notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail addressed to the owner at the last known address with return receipt requested; or, if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice; and there shall be at least one publication of such notice in a local newspaper of general circulation.
[Amended 6-14-2018 by Ord. No. 2018-09]
If, subsequent to the issuance of a rental certificate of occupancy, the Zoning Officer or his/her designee learns or becomes aware of violations of this article, an inspection shall be made of the subject premises. If violations are found to exist, then notification in writing shall be given to the owner, rental agent or manager, and said person shall have 10 days from service of notice to correct all deficiencies noted therein. In the event that the same have not been corrected within 10 days, then the rental certificate of occupancy may be revoked by the Zoning Officer or his/her designee by mailing a revocation by certified mail to the owner, rental agent or manager and to the tenant or tenants, and the premises will be vacated.
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,250, by imprisonment for a term not to exceed 90 days, or by community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
A. 
The owner of the inspected property shall be charged a fee for each inspection as follows:
(1) 
Each dwelling unit: $35.
(2) 
Boardinghouses:
(a) 
One to five rooms: $20.
(b) 
Six to 15 rooms: $25.
(c) 
Sixteen to 25 rooms: $30.
(d) 
Twenty-six to 35 rooms: $40.
(e) 
Thirty-six or more rooms: $50.
(3) 
Any unit not used for living or sleeping purposes, and used for commercial, business or any other purpose: $50.
[Added 3-12-2009 by Ord. No. 2009-04]
B. 
The term "dwelling unit" shall be defined as a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
C. 
The term "room" shall mean a single habitable unit used or intended to be used for living and/or sleeping, but not for cooking or eating purposes.
D. 
The aforesaid fees shall be paid to the Zoning Officer or his/her designee prior to any inspection being made hereunder.
[Amended 6-14-2018 by Ord. No. 2018-09]
[Amended 3-12-2009 by Ord. No. 2009-04; 6-14-2018 by Ord. No. 2018-09]
No single-family dwelling or dwelling unit of a multifamily dwelling or building or structure used for commercial or business purposes, may be sold and title transferred until a continued certificate of occupancy has been issued by the Zoning Officer or his/her designee or appropriate subcode official, or their agents, stating that said property so described therein complies with the Uniform Construction Code for a continued certificate of occupancy.
[Amended 3-12-2009 by Ord. No. 2009-04]
The fee for initial inspection as required by § 156-10 hereof shall be $25 per dwelling unit, and $50 for any other commercial or business unit. Any subsequent inspection that is required shall cost an additional $15 per inspection.
This article is adopted in order to protect the health, safety and welfare of those purchasing improved property within the Township of Little Egg Harbor, County of Ocean, State of New Jersey.
[Added 5-28-2015 by Ord. No. 2015-05]
A purchaser of any property regulated by this chapter may waive the seller's responsibility to obtain a certificate of occupancy prior to the transfer of title; provided, however, that such waiver shall be in writing on forms provided by the Township. Such waiver shall state that the buyer is fully aware that he, she or it is assuming full responsibility for obtaining a certificate of occupancy prior to the occupancy of the property. An application for a waiver of the certificate of occupancy shall be accompanied by a fee of $25.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,250, by imprisonment for a term not to exceed 90 days, or by community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.