[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 3-20-1989 by Ord. No. O:90-5(Ch.
15B of the 1969 Code). Amendments noted where applicable.]
[Amended 10-2-1990 by Ord. No. O:90-27; 3-19-1991 by Ord. No. O:91-9]
No person, firm, corporation or any combination
thereof shall occupy any residential, commercial, industrial or other
structure in the Town of Phillipsburg unless said person, firm or
corporation shall first obtain from the Town of Phillipsburg a certificate
of habitability in accordance with this chapter.
[Amended 3-19-1991 by Ord. No. O:91-9]
A.
No person, firm, corporation or combination thereof who owns residential, industrial or other structures shall permit the same or part thereof to be occupied by another without first securing from the Code Enforcement Office of the Town of Phillipsburg a certificate of habitability for said structure. Those who must obtain a certificate of habitability under § 219-2C of this chapter shall be exempt from this requirement.
B.
No persons, firms, corporation, association, partnership,
or any combination thereof owning a structure shall allow the same
to be leased or rented without registering for the certificate of
habitability with the Code Enforcement Office of the Town of Phillipsburg.
[Amended 1-2-2008 by Ord. No. O:2007-28]
C.
Persons, firms or corporations or any combination
thereof who rent or lease a structure or portion thereof and who have
registered for a certificate of habitability shall allow the Code
Enforcement Office to inspect the same on the time and date prescribed
by the Code Enforcement Officer and shall further comply with all
the requirements necessary for issuance of a certificate of habitability
prescribed by the Code Enforcement Officer within the time period
prescribed.
D.
No person, firm, corporation or combination thereof
who owns any unoccupied residential, commercial, industrial or other
structure or portions thereof shall permit the same to be reoccupied
without first securing from the Code Enforcement Office a certificate
of habitability.
A.
No certificate of habitability shall be issued for a structure unless the condition of the same complies with all health, safety, fire and departmental regulations established pursuant to said ordinances or laws and the Property Maintenance Code of the Town of Phillipsburg (Chapter 447 of the Code of the Town of Phillipsburg).
B.
Once a certificate of habitability has been issued,
it shall be valid for two years from the date of issuance absent any
substantial change to the premises following the date of issuance.
[Amended 10-2-1990 by Ord. No. O:90-27]
All rental structures registered for a certificate
of habitability inspection will be assigned for a date and time for
an inspection by the Code Enforcement Officer. Thereafter, the structure
and its units will require inspections and certificates of habitability
every 24 months. Structures found not to be in conformance with the
standards of this chapter may, at the discretion of the Code Enforcement
Officer, be required to have periodic inspections of less than two
years. The Code Enforcement Officer may establish categories of structures
and schedules of inspections.
In any case where there may be a conflict in
the provisions of the codes of the Town of Phillipsburg or in the
regulations of the State of New Jersey, the higher standards for the
promotion and protection of the safety and health of the people shall
prevail.
The Code Enforcement Officer of the Town of
Phillipsburg shall be the officer who has the duty to enforce said
ordinance.
A.
Fee schedule.
(1)
The following fee schedule shall be used, and said
fees shall be paid prior to inspections being made.
|
Units per Lot
|
Fee per Unit
| |
|---|---|---|
|
1
|
$50
| |
|
2 to 4
|
$50, plus $40 per unit for the second through
fourth units
| |
|
5 to 9
|
$170, plus $30 per unit for the fifth through
ninth units
| |
|
10 to 20
|
$320, plus $15 per unit for the 10th through
20th units
| |
|
21 plus
|
$470, plus $5 per unit for the 21st through
50th unit
| |
|
50 plus
|
$650
|
(2)
Certificate of continued habitability; same as above.
(3)
Registration of units: $10 per building.
B.
All checks shall be made payable to the Town of Phillipsburg.
A.
The Code Enforcement Officer of the Town of Phillipsburg
shall consider issuing the certificate of habitability upon written
application therefor, stating the name and address of the owner and
a description of the premises to be occupied, including the street
address, property block and lot number and apartment number.
B.
For structures for rent or lease, the Code Enforcement
Officer will register the structure after the owner provides the name
and address of the owner, the name and address of the rental agent,
if any, the name of the property, the tenants and a description of
the premises, including the number of units, the street address, the
property block and lot number and the apartment number.
A.
The Code Enforcement Officer of the Town of Phillipsburg
shall have such powers as may be necessary to carry out the intent
and purposes of this chapter, including but not limited to the following
enumerated powers:
(1)
To investigate the habitable conditions of the Town
of Phillipsburg in order to determine which houses, apartments or
other structures, including a mobile home and a modular unit, are
unfit for human habitation.
(2)
To enter upon said premises for the purposes of making
examinations incidental to his duties.
(3)
To delegate any of the functions and powers to the
employees of the Town of Phillipsburg as the Code Enforcement Officer
may designate or as may be designated by the Council of the Town of
Phillipsburg.
B.
Upon application of a property owner, the Code Enforcement
Officer shall make an inspection of said house, apartment or other
structure for which there has been an application for an occupancy
permit within five working days from receipt of said application and
the payment of the fee or, where applicable, on the date prescribed
upon registration.
D.
The Code Enforcement Officer may issue one certificate
of continued occupancy for a determined period of time for a maximum
of 180 days for the purpose of allowing the applicant to abate violations
of the ordinance and to seek a certificate of habitability.
[Amended 1-5-1993 by Ord. No. O:92-28]
A.
When a certificate of habitability is required due to the sale of property, sidewalks, curbs and gutters shall be constructed in accordance with Chapter 545, Streets and Sidewalks, of the Town Code.
B.
The Town Council may waive the requirement for sidewalks,
curbs and gutters if either of the following two conditions exists:
Violations of the foregoing codes and ordinances
or noncompliance therewith shall be grounds for denial of the habitability
permit.
The provisions of this chapter shall not apply
to hotels, motels or other residential units which are generally occupied
by tenants or guests for less than 30 successive days.
[Added 10-7-2008 by Ord. No. O:2008-25]
A.
No owner and/or tenant shall be permitted to occupy
a property that was previously unoccupied, for a period exceeding
one year, without first obtaining a certificate of habitability for
said property.
B.
In order for a property to be deemed unoccupied it
must be legally unoccupied and/or have been without one or more of
the following utility services: heat, electricity or water services,
for a period exceeding one calendar year so as to create a danger
to future occupants. A property does not need to be deemed uninhabitable
or abandoned under the Town Code in order for the property to be deemed
unoccupied for purposes of this section.
