[HISTORY: Adopted by the Township Council
of the Township of Mount Holly 2-8-1992 by Ord. No. 1993-6. Amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 82.
Building numbering — See Ch. 85.
Unfit buildings — See Ch. 88.
Uniform construction codes — See Ch. 96.
Fire lanes — See Ch. 126.
Fire prevention — See Ch. 128.
Garbage and refuse — See Ch. 137.
Low- and moderate-income housing — See Ch. 143.
Land use — See Ch. 149.
Property maintenance — See Ch. 212.
Rental units — See Ch. 216.
Rooming and boarding houses — See Ch. 220.
Smoke detectors — See Ch. 234.
A.
Prior to any change in ownership or occupancy of any
house, dwelling, apartment unit, boarding house unit, rooming house
unit, commercial, industrial or any other type of premises, whether
by transfer of title, change of renting or leasing tenant or otherwise,
which is used, partially used or intended to be used for human occupancy,
a certificate of approval shall first have been obtained from the
Housing Code Enforcement Officer stating that the building, or the
specified portion thereof, particular unit therein, or premises complies
with the requirements of the International Property Maintenance Code,
2003 edition, as published by the International Code Council and all
other codes and ordinances of the Township of Mount Holly regulating
and governing matters of health, sanitation, maintenance and use of
any structure for human occupancy.
[Amended 4-28-2008 by Ord. No. 2008-07]
B.
A certificate of approval shall be obtained as required in Subsection A or every two years, whichever occurs first.
[Amended 8-14-2000 by Ord. No. 2000-17]
C.
Notwithstanding the provisions of Subsection B, above, inspections, other than upon change of ownership or occupancy pursuant to Subsection A, for multifamily residential units subject to the state Hotel and Multiple Dwelling Act[1] (those with three or more units) shall be conducted by
the state on the schedule established by the state. Owners of such
multifamily units shall provide a copy of the results of the state
inspection to the Township Housing Code Enforcement Office within
14 days of receipt. If such inspection reveals violations or deficiencies,
evidence of remediation of such violations or deficiencies shall likewise
be filed with the Code Enforcement Office within 14 days of receipt
of the reinspection results from the state.
[Added 8-13-2007 by Ord. No. 2007-05]
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
D.
For multifamily residential complexes consisting of 35 or more units in common ownership when the entire complex is sold or otherwise transferred, the inspections required pursuant to Subsection A shall not include individual dwelling units but shall be limited to common areas, buildings and facilities. Common facilities shall include any heating or cooling equipment serving more than one dwelling unit.
[Added 8-13-2007 by Ord. No. 2007-05; amended 4-28-2008 by Ord. No. 2008-07]
A certificate of approval shall be requested,
processed and issued in the following manner:
A.
Application. Application shall be made, in writing,
by the owner or owner’s agent (which shall include but not be
limited to a managing agent, real estate agent, real estate broker,
property manager or other representative), to the Housing Code Enforcement
Officer prior to a change in ownership or occupancy or for a biennial
inspection, requesting an inspection by the Housing Inspector, or
the agency or representative serving in such capacity as designated
by the Township, specifying the premises to be inspected, the location
of the premises, the name and contact information of the present owner,
the name and contact information of the new owner (if an ownership
change), the name of the new occupant(s) or lessee(s) and the total
number of people who will occupy the premises.
[Amended 4-28-2008 by Ord. No. 2008-07]
B.
Fee. The fee for such inspection shall be $150 and shall be paid
to the Department of Neighborhood Services at the time of making the
application. All sellers and landlords shall post with the Township
the sum of $250 to assure compliance with trash and rubbish regulations
of the Township. If excess trash or refuse is left for collection
in violation of the provisions of Township ordinances and the regulations
thereunder, the cost of removing such excess trash or refuse shall
be deducted from this amount. The balance, if any, will be returned
to the seller or landlord, as the case may be, not later than 21 days
after closing of the transaction. This provision shall not apply to
commercial or multifamily residential establishments which maintain
a system of private collection for trash and refuse.
[Amended 10-27-2003 by Ord. No. 2003-34; 1-12-2004 by Ord. No. 2003-44; 2-27-2006 by Ord. No. 2006-03; 4-11-2016 by Ord. No. 2016-13]
C.
Prior to the issuance of a certificate of approval pursuant to this
section, the applicant shall provide to the Housing Code Enforcement
Officer a certification by a qualified HVAC contractor, public utility
employee or licensed plumber (as the case may be), approved by the
Housing Code Enforcement Officer, that the heating equipment serving
the premises in question is in safe and proper working order. The
certification shall be dated not more than 365 days prior to the date
of application for a certificate of approval. Properties which have
a central heating unit serving multiple units shall not be required
to have an inspection of such a heating unit more than once in any
twelve-month period of time unless during the prior inspection the
heating unit failed that inspection.
[Amended 4-28-2008 by Ord. No. 2008-07; 5-23-2016 by Ord. No. 2016-16]
D.
Inspections. The requested inspection shall be made
within five business days of receipt of a complete application, and
an inspection report containing all existing violations as may be
found of all Township codes and ordinances regulating and governing
matters of health, sanitation, maintenance and use of any structure
for human occupancy, shall be set forth as separate items by the inspecting
official in a written report, which shall be submitted to the person
applying for the inspection.
E.
Correction of violations. All violations shall be corrected prior to any change of ownership or occupancy, or, in the alternative, may be assumed by the prospective purchaser, on the condition that such violations be corrected within 30 days from the date of such report, or within any extension of such thirty-day period granted by the Housing Code Enforcement Officer or his/her representative, except that no extension in excess of 60 days shall be granted, and except further that the violations set forth in Subsection F below must be corrected prior to a change in ownership or occupancy.
F.
Safety violations. All violations which, in the judgment
of the inspecting officer, pose a positive, clear and serious present
or potential threat to the health, safety or welfare of any present
or potential occupant shall be so designated upon the inspection report,
and such violations must be corrected prior to any change in ownership
or occupancy.
G.
Reinspections. A single reinspection may be requested
without additional fee by the person making the original application
within 30 days of the date of the inspection report, and a reinspection
shall be made within 30 days of the date of the inspection report,
or as soon thereafter as the inspecting official can schedule such
reinspection in instances where the prospective purchaser has assumed
responsibility for correction of violations. However, any additional
or later reinspection shall only be made upon payment of a new inspection
fee of $30 per reinspection.
[Amended 10-27-2003 by Ord. No. 2003-34; 2-27-2006 by Ord. No. 2006-03]
H.
Issuance of certificate. Upon an inspection report
being rendered without any violation being disclosed, or upon any
disclosed violation being remedied and corrected prior to reinspection,
the Housing Code Enforcement Officer shall issue to the applicant
a certificate of approval for the subject premises so qualifying,
which shall be valid until the next occurring change in ownership
or occupancy, or any subsequent inspection by the Housing Inspector,
or his/her representative, which shall disclose ordinance violations,
whichever first occurs.
I.
The escrow fee to assure compliance with trash collection
regulations may be waived in the discretion of the Code Enforcement
Official, provided that he has inspected the premises not more than
48 hours prior to closing of the transaction and determined that the
premises are vacant and that all trash and refuse has been discarded
in compliance with Township ordinances and regulations.
[Added 1-12-2004 by Ord. No. 2003-44]
[1]
Former § 90-3, Right to appeal,
was repealed 8-14-2000 by Ord. No. 2000-17.
[1]
Editor's Note: Former § 90-4, Appeals
Board, was repealed 8-14-2000 by Ord. No. 2000-17.
Neither the performance of the inspectors nor
the inspections or reinspections required herein shall make the Township
become, or be considered to be, a guarantor to any owner, purchaser,
tenant or other person as to the condition of any building, unit or
premises inspected, nor shall the Township be or be deemed to be a
participant in any contractual relationship between any persons or
parties as to same.
[Amended 1-12-2004 by Ord. No. 2003-44; 2-27-2006 by Ord. No. 2006-03; 4-28-2008 by Ord. No. 2008-07]
Any person who is or shall be the owner, purchaser, tenant, lessee or agent (which shall include but not be limited to a managing agent, real estate agent, real estate broker, property manager or other representative) of such persons, and who shall transfer, sell, buy, rent, lease or otherwise change the ownership or occupancy of any structure regulated or encompassed by this chapter without complying with the requirements concerning the obtaining of a certificate of approval or who shall violate any other provision of this chapter, including failure to provide a copy of the applicable state housing inspection under § 90-1C, shall be subject to the penalty set forth in § 1-3 of this Code. In addition to any other penalties, any costs incurred by the Township for the removal of trash and refuse as a result of a violation of § 90-2B or otherwise shall be assessed against the owner of the property in question as a municipal charge which shall be and constitute a lien on the property subject to collection in the same way and manner as other municipal liens and taxes according to law.
It shall be the duty and responsibility of the
Housing Code Enforcement Officer to enforce the provisions of this
chapter.
