[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Standards
Article II Abatement of Nuisances and Correction of Defects
[Adopted by Ord. No. 16-80 (Secs. 13-1 and 13-2 of the 1987 Revised General Ordinances)]
[Amended 3-10-2008 by Ord. No. 2008-7; 12-27-2017 by Ord. No. 2017-43]
[Amended by Ord. No. 1987-8; Ord. No. 2005-11; 3-10-2008 by Ord. No. 2008-7; 9-28-2016 by Ord. No. 2016-19]
A certain document, marked and designated as "The International Property Maintenance Code, 2006," as published by the International Code Council, Inc., is hereby adopted as the property maintenance code of the Borough of Red Bank for the control of buildings and structures as provided in the code; and each and all of the regulations of International Property Maintenance Code are adopted and made a part of this article as fully as if set forth in this article. Three copies of this code are on file in the Office of the Borough Clerk. The terms "certificate of occupancy" and "certificate of compliance" shall be synonymous.
[Added by Ord. No. 1987-8; amended by Ord. No. 1989-8; Ord. No. 1989-19; Ord. No. 2004-5; Ord. No. 2005-11]
Article I, Section 102.1 is hereby amended by adding the following sections:
Article I, Section 102.1A.
It shall be unlawful for the owner, real estate agent or broker firm, company, partnership, corporation or person or persons to sell, rent, transfer, grant, lease, assign, sublease, let, release or relet or otherwise dispose the ownership or occupancy thereof, whether or not for a consideration and whether such disposal or transfer of ownership or occupancy thereof be temporary or permanent, any commercial, industrial premises, dwelling, multifamily dwelling, dwelling unit, hotel, motel, boardinghouse, rooming unit, rooming house, or premises on which a building is located and is used or intended to be used for human occupancy, until a certificate of occupancy is obtained from the Code Enforcement Officer, stating that the building and premises comply with the requirements of this code. Any person occupying such premises or any person contracting with the owner for occupancy of the premises by another shall be bound by the provisions of this paragraph and the penalties imposed for the violation of the same.
In addition to and exclusive of any certificate of occupancy issued pursuant to the provisions of Subsection A(1)(a) above, no dwelling unit shall be continued to be occupied unless the same, together with all common areas as regulated hereunder, shall have been inspected and issued a certificate of occupancy at least once every 60 months whether the inspection shall be conducted by the State of New Jersey under applicable state statutes or the Borough of Red Bank pursuant to this chapter.
Notice by owner required. The owner of any dwelling or dwelling unit or part thereof subject to the provisions of this paragraph, Section 102.1A, (1), (2), shall be required to give a minimum notice of 14 calendar days to the Department of Code Enforcement for the purpose of a compliance inspection prior to the issuance of a certificate of occupancy.
Article I, Section 102.1B, Certificate of Occupancy Required.
It shall be unlawful for any premises, subject to the provisions of Section 102.1A, to be occupied until such time as a certificate of occupancy has been issued by the Department of Code Enforcement. The certificate of occupancy so issued shall state that the occupancy complies with the provisions of this code. This section does not apply to any occupancy in existence at the time of the adoption of this code.
Rental Inspection Fee Schedule for a certificate of occupancy required by Section 103.6A shall be the following:
Fifty dollars per rental dwelling or rental dwelling unit.
Twenty-five dollars per rental unit for a hotel, motel, boarding house, rooming unit, rooming house.
One hundred dollars per rental unit, building or premise for a commercial and/or industrial building or premises.
Reinspection. Upon second reinspection and failure, the fee shall be $50 for residential (R-1, R-2, R-3), $75 for all other use groups.
Inspection Fee Schedule for a certificate of occupancy required by Section 102.1A upon the sale, transfer, mortgage, lease or otherwise disposed of shall be the following:
One- or two-family dwellings: $100 a dwelling unit. Multifamily dwellings (three or more), the fee shall be $25 a unit, provided the minimum fee shall be $200 a building. In such case, a single unit is sold under the condominium form of ownership, the fee shall be $50 a unit.
Commercial and industrial buildings and premises: $150 from 0 to 10,000 square feet, $250 from 10,001 square feet to 25,000 square feet, $250 from 25,001 square feet to 150,000 square feet, $300 from 150,001 square feet to 500,000 square feet, $500 flat for over 50,000 square feet.
Reinspection. Upon second reinspection and failure, the fee shall be $50 for residential (R-1, R-2, R-3), $100 for all other use groups.
In the case of sale or owner-occupied structures containing one to three dwelling units, the Code Enforcement Officer may issue a conditional certificate of occupancy. The conditional certificate of occupancy may only be issued if disclosure of all defects is made to a prospective purchaser prior to the entering into a binding commitment to sell, and if:
Satisfactory proof is given that financial difficulties make it impossible to effect immediate compliance, in which case, outstanding violations shall be checked at periodic intervals;
Weather conditions prevent compliance, in which case, violations shall be corrected as soon as the weather permits;
The violations are not classified by the Public Officer as creating an immediate danger to life and health, or as violations that may have a blighting influence on the immediate neighborhood; or
The transfer is between members of an immediate family, through the distribution of an estate, or by judicial sale;
If a certificate of compliance has been issued within the six months period immediately prior to a request for such certificate, a copy of the prior certificate will suffice to meet the requirements of this section.
Article I, Section 102.1C. A conditional certificate of occupancy may be granted on the following conditions:
That there are no defects causing the hazard of fire, accident or other calamities: lack of adequate ventilation; lack of adequate heat, light or sanitary facilities; dilapidation, disrepair, structural defects or uncleanliness, so as to tend to cause or spread disease or harbor insects, rodents or vermin.
That there are no defects in any vital facility such as broken toilets, lack of hot or cold running water, lack of heat or light, or broken windows.
That there are no defects which would constitute a threat to health, safety or welfare or whose repair would be a major inconvenience to the tenant after occupancy. An illustrative, but not exhaustive, list of the foregoing includes:
Broken or loose glass or handrails.
Falling plaster or wall board; rotten, saturated, cracked, or damaged walls or ceilings where the possibility exists that there may be collapse of any part thereof or injury from falling objects.
Sharp protrusion of woodwork, metalwork, lathing, screws or nails, warped floors, doors, windows or frames.
Exposed electrical wiring or switches, steam and hot water pipes, gas or water leaks or inoperable drains.
Unsecured lighting fixtures, shelves or cabinets.
Flooring, stairs, or landings which are loose, not level, rotten, or damaged.
Presence of garbage, sewage, accumulated foreign matter or vermin.
A dirty oven or any condition interfering with proper gas distribution or use, or which might promote a fire.
Heat or heat fixtures which do not work properly, fail to open or close, or have inoperable valves, switches, or other devices.
Any lock to which a prior tenant or other person has been issued a key (excluding the landlord and his authorized management) or which does not adequately secure the premises.
Article 1, Section 102.1D. Post-Inspection Notification. Upon completion of any inspection, the landlord, agent or broker shall be informed in writing by the Department of Code Enforcement as to the result of the inspection. In the event that an apartment receives either a conditional certificate of occupancy or fails the inspection, the Department of Code Enforcement shall provide the owner, agent or broker with written information from which they will know the nature of the necessary repairs. A copy of this information shall be posted prominently in the rental unit.
Article 1, Section 102.1E. Responsibilities.
The owner of the inspected property shall be responsible for the correction of violations of this code and applicable ordinances, laws and codes as indicated in the written notice of violation by the Department of Code Enforcement to the owner. Upon correction of the violations, the owner of the inspected property shall notify the Department of Code Enforcement in order that a reinspection may be made. This procedure shall be followed and repeated until violations have been corrected.
This section shall not be construed so as to relieve any person, firm or corporation from any penalty heretofore incurred by the violation of any other applicable laws or ordinances nor bar prosecution for any such violation.
The Borough of Red Bank makes no guarantee or warranty as to the conditions of buildings, dwellings or common areas inspected, nor does the Borough assume any liability in the inspection and in certification of compliance.
Board of Appeals. Article I, Section 111.1B. Constitution of the Board of Appeals.
Membership of the Board of Appeals and qualifications. The Board of Appeals shall consist of five members appointed by the Mayor and Council, which appointees shall be qualified by education or experience in the building profession who shall have the duty, responsibility and authority to decide the matters referred to them. The Mayor and Council shall appoint two alternate members of Board designated as first alternate and second alternate, who shall be called to service in absence of one of the regular members.
Chairman of Board and Secretary. The Board shall elect one member to serve as Chairman, and the Chairman shall designate one member of the Board as Secretary, who shall keep a detailed record of all proceedings on file.
Exemption of member. No member of the Board shall pass on any question in which he is engaged as contractor or material dealer, or in the preparation of plans or specifications, or in which he has any personal interest.
Terms. All members, regular and alternate, shall be initially appointed for terms expiring June 30, 1987. Thereafter, alternate members shall be appointed for one-year terms on July 1, terms expiring the following June 30. Regular members shall be appointed for three-year terms, commencing on July 1 and expiring on June 30.
Appeal procedure. Article I, Section 111.1C. Appeal Procedure. Any appeal herein shall be taken within 10 days after the decision is rendered by the Code Enforcement Officer by filing with the Secretary of the Board a notice of appeal specifying the grounds therefor. The Secretary of the Board shall immediately submit to the Board of Appeals a copy of this notice of appeal together with all papers constituting the record upon which the action appealed from is taken.
Notice of meeting. The Board shall meet at public hearing to consider the appeal, upon notice of the Secretary of the Board and Chairman, within 10 days of the filing of an appeal, or at stated periodic meetings, if warranted by the volume of work. All interested parties shall be given written notice of the hearing by certified mail, return receipt requested.
Public hearing. All hearings shall be public; and the appellant, his representative, the office or authorized agent of the Borough of Red Bank and any other person whose interest may be affected by the matter on appeal, shall be given an opportunity to be heard.
Adjourned meeting. When five qualified members are not present to consider a specific appeal, either the appellant, the Code Enforcement Officer or their representative may request a postponement of the hearing.
Decision of the Board of Appeals.
Article I, Section 111.1D. Decisions of Board of Appeals.
Action of the Board. The Board shall affirm, modify or reverse the decisions of the Code Enforcement Officer by a concurring vote of three members.
Resolutions of the Board. Every action of the Board shall be by resolution and certified copies shall be furnished to the appellant and to the Code Enforcement Officer.
Determining vote. Failure to secure three concurring votes shall be deemed a confirmation of the decision of the Code Enforcement Officer.
Enforcement of decision. The Code Enforcement Officer shall take immediate action in accordance with the decision of the Board.
[Adopted by Ord. No. 1998-29 (Ch. XV of the 1987 Revised General Ordinances)]
Statutory authorization. This article adopted pursuant to N.J.S.A. 40:48-1 et seq. to promote the public health, safety and general welfare of its citizenry.
Findings of fact. Residents and property owners who fail to comply with requests to abate nuisances or correct defects, or fail to put premises in proper condition so as to comply with requirements of any municipal ordinance or state law applicable thereto, create conditions which result in loss of life and property, health and safety hazards, and disrupt the general welfare of the neighbors and the community and impair the tax base, all of which adversely affects the public health, safety and welfare.
Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses by authorizing the Borough to abate or correct an immediate condition when the property owner or other responsible parties fail to abate nuisances or correct defects so that premises comply with the requirements of applicable law.
Abatement of nuisance, correction of defect. The Borough of Red Bank, by resolution of its governing body, may abate a nuisance, correct a defect, or put premises in proper condition so as to comply with the requirements of any municipal ordinance or state law applicable thereto.
Municipal expenditures at the cost of the owner or lessor. The expenses of the municipality for abatement or correction of defects shall also be recoverable from the owner or lessor of the premises and shall be a lien against the premises and collectible similar to a municipal tax lien. Said expenses shall be fixed and determined by resolution adopted by the Mayor and Council.
Notice issue. The Borough Administrator, or his designee, shall report to the Mayor and Council the existence of any nuisance or defect of premises that fail to comply with any municipal ordinance or state law, which nuisance or defect adversely affects the public health, safety and welfare. If the Mayor and Council are of the opinion that the condition at such premises are such that the municipality should abate, correct or otherwise put the premises in proper condition to comply with the applicable laws then, in such event, the Borough Administrator shall notify the owner, lessor or occupant of the property in writing to put the premises in proper condition so as to comply with the requirements of any municipal ordinance or state law applicable thereto.
Noncompliance of notice. In the event the owner, lessor or occupant neglects or refuses to abate the nuisance or correct the defect, or put the premises in proper condition within 10 days of the date of the notice, or within any other time specified in such notice, the required abatement or condition may be done by the Borough, or the Borough's designee, at the cost and expense of the owner, lessor or occupant, jointly and severally.
Service of notice. The notice required by this section shall be served upon the owner, lessor or occupant residing in the Borough by personal service or by leaving the same with a member of that person's family over the age of 14 years at the place of that person's residence. The notice shall be served upon any owner or lessor not residing in the Borough either by personal service or by mailing the same to such person at the last known post office address, or by service upon the occupant, manager or agent of the owner in charge of the property. In the event the owner, lessor or occupant is unknown, or service hereinabove provided cannot for any reason be made, service may be had by publication in an official newspaper of the Borough, which publication shall be at least once and not less than 10 days before the proposed municipal action to abate or correct. In addition to the above, such notice shall be posted at the premises in question.