[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-3-1987 by Ord. No. 297 (Ch. 50, Arts. I and II, of the 1977 Code); amended in its entirety 12-4-2008 by Ord. No. 619]
Editor's Note: This ordinance repealed former Ch. 50, Existing Structures Code, Arts. I, II and III, “to the extent of any inconsistency.”
A certain document, three copies of which are on file in the office of the Housing and Zoning Department of the Township of Upper Deerfield, being marked and designated as the International Property Maintenance Code, 2000 version, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of Upper Deerfield in the State of New Jersey as part of this chapter of the Code of the Township of Upper Deerfield for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with additions, insertions, deletions and changes, if any, described and set forth in § 303-2 of this article.
The following sections of the 2000 International Property Maintenance Code (hereinafter "IPMC") and former Chapter 50 of the Code of the Township of Upper Deerfield are hereby amended or readopted to include the following information:
The following section of the Code of the Township of Upper Deerfield shall remain unaltered hereby and shall remain as heretofore with respect to the position and duties of Housing Officer, as follows:
Housing Officer. The position of Housing Officer is hereby created, and employment of a qualified person for the purpose is hereby authorized. The Housing Officer shall be appointed by the Chairman of the Township Committee with the advice and consent of the Township Committee and any person first appointed to this position shall hold office for a term of one year from the date of his or her appointment, provided that any person who has served as Housing Officer for one year or more and is thereafter reappointed shall hold office for a term of three years from the date of such reappointment. Any person appointed as Housing Officer shall continue to hold office until his or her successor has been appointed and has qualified. Appointment to fill a vacancy shall be made for the balance of the unexpired term. The Housing Officer shall receive as a salary such sums as may be fixed and adopted by the Township Committee in the Salary Ordinance from time to time and, in addition thereto, the Housing Officer shall be reimbursed for all reasonable expenses necessarily incurred in the performance of the duties of his office.
The Housing Officer shall perform all duties and responsibilities as set forth in this code and such other duties and responsibilities as determined by the Township Committee from time to time.
The Housing Code Official may be removed from office for just cause and in accordance with the provisions of the Township's personnel policies.
The Township Committee may designate and appoint a Deputy Housing Officer to assist the Housing Officer in the performance of his duties. Such Deputy Housing Officer shall serve at the discretion of the Township Committee and may be compensated for such service such sums as may be fixed and adopted by the Township Committee in the Salary Ordinance from time to time and, in addition thereto, he shall be reimbursed for all reasonable expenses necessarily incurred in the performance of the duties of his office. When acting on behalf of the Housing Officer, the Deputy Housing Officer shall have all rights, duties and responsibilities as provided herein that the Housing Officer has.
Section 101.1 of the IPMC, add: "Township of Upper Deerfield."
Section 103.6 of the IPMC, add: "As set forth in § 303-8 of the Code of the Township of Upper Deerfield."
Section 106.4 of the IPMC is hereby amended to include the following language: "Any person, firm or corporation who shall violate any provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the Court."
Section 110.1 of the IPMC shall have the following language added to such section: "When a structure or part thereof ordered demolished in accordance with this section is a historically certified structure, such order may be stayed upon formal written request of the Township Historical Committee for a reasonable period of time in order to determine whether or not the structure or parts thereof should be saved. A 'historically certified structure' shall be defined for purposes of this code as a structure listed on the National Register of Historic Structures, the State Register of Historic Structures or the Township Master Plan."
Section 111.2 of the IPMC regarding membership of the previously established Board of Appeals is hereby amended to provide for a minimum of five members.
Section 302.8 of the IPMC shall have the following language added to the exception of such provision as follows: "Except as provided for in other regulations, no inoperative or unlicensed or unregistered motor vehicle, boat or trailer shall be parked, kept or stored on any premises, and no vehicle shall at any time be in any state of major disassembly, disrepair or in the process of being stripped or dismantled. Spray painting of vehicles, boats or trailers shall be prohibited unless conducted inside an approved spray booth. However, a vehicle, boat or trailer of any type is permitted to undergo major overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes."
Section 302.8 of the International Property Maintenance Code shall have the following language added to the exception of such provision as follows: "In the event that there is no garage, barn or other building on the premises, then the owner may keep and store the vehicle in the rear yard of the premises, provided that it is completely covered by a tarpaulin or other covering at all times when not being worked upon. No more than one vehicle at a time may be stored or kept on the premises and covered by a tarpaulin or other covering when not being worked upon."
Section 303.14 of the IPMC is amended to add the following dates: April 1 to December 1.
Section 602.3 of the IPMC is amended to add the following dates: October 1 to May 15.
Section 602.4 of the IPMC is amended to add the following dates: October 1 to May 15.
A copy of the International Property Maintenance Code, 2000 version, shall remain on file with the Clerk of the Township of Upper Deerfield, and a copy shall remain on file with the Construction Official of the Township of Upper Deerfield for inspection and reference at all times.
Nothing in this article or in the International Property Maintenance Code, 2000 version, hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
[Adopted 9-3-1987 by Ord. No. 297 (Ch. 50, Arts. III and IV, of the 1977 Township Code)]
No person shall occupy, as owner or occupant, or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein, nor any structure or building for commercial, public, industrial, charitable or educational purposes, or any premises which does not conform to the provisions of this code established hereby as the standard to be used in determining whether a dwelling, structure or building is safe, sanitary and fit for human habitation.
[Amended 9-7-1989 by Ord. No. 338; 2-6-1992 by Ord. No. 384]
No owner or agent thereof shall hereafter sell, rent, lease or let to any person or persons, whether or not for a consideration, any dwelling, dwelling unit, commercial office, industrial warehousing or storage, assembling, or recreational space or facility within any structure, building or premises, except vacant land for agricultural purposes, unless a certificate of inspection shall first have been obtained from the Housing Officer. Said certificate shall certify that the building, unit or premises, or combination thereof, is fit for human habitation or otherwise complies with applicable provisions of the Property Maintenance Code of the Township of Upper Deerfield, and complies with the requirements of all other ordinances of the Township of Upper Deerfield which relate to purposes of use or occupancy thereof. No tenant or occupant shall sublease, sublet or permit use of a dwelling or lodging unit, structure or building or premises, regardless of use, without following the above procedure.
For the purposes of this article, any real estate broker and/or agent rendering services to an owner in the selling, renting or leasing of property as set forth in Subsection A shall be deemed to be an agent of the owner. In the event that the agent is charged with a violation of this section, as an affirmative defense to said charge the agent may present a notice to the owner from the agent notifying the owner of the obligation of the owner to obtain a certificate of inspection, provided that said notice is either sent by certified mail with a receipt or seller has affixed seller's signature to said notice.
[Amended 5-4-1989 by Ord. No. 331; 12-28-1989 by Ord. No. 344]
The owner of any building within the Township of Upper Deerfield containing rental units, regardless of use, shall annually, on or before April 1 of each year or within 90 days of the creation of the rental unit, whichever is later, upon a form provided by the Housing Officer and available in his office, register each and every unit in said premises, designating thereon the name and address of the owner, the name and address of the local resident charged with the responsibility of the maintenance of said property and the names and addresses of all lessees of each and every unit in said property or premises. In the event that the building is sold and there is a registered unit(s), the new owners shall be required to register the unit(s) as set forth hereinabove.
Editor's Note: Former § 50-9, Definitions, as amended, which immediately followed this section, was deleted 12-4-2008 by Ord. No. 619.
[Amended 5-4-1989 by Ord. No. 331; 3-15-2007 by Ord. No. 583]
At the time of registering any rental unit as provided in § 303-7, the registrant shall pay a fee of $45 per unit. In the event that a registrant fails to register within the appropriate time period as set forth in § 303-7, then the registration fee shall be an additional $45 per unit. The registration fee shall not be prorated regardless of when or why the unit is registered as set forth in the aforementioned § 303-7.
[Amended 6-5-1997 by Ord. No. 467; 3-15-2007 by Ord. No. 583]
Every application for a review and issuance of a certificate of occupancy as stipulated in § 303-6 of this chapter shall be accompanied by the fees normally required in connection with:
Single-family, detached dwelling: $50 per unit.
Apartment: $30 per unit.
Townhouse: $50 per unit.
Rooming house: $200.
Mobile home: $50.
Other dwelling or rooming units: $30.
Commercial or retail.
Detached structures of 5,000 square feet or less on two acres of land or less: $100.
Detached structures of greater than 5,000 square feet and on over two acres: $150.
Shopping centers or commercial complexes, including medical complexes: $500.
[Amended 3-15-2007 by Ord. No. 583]
Whenever an inspection of a structure, facility or premises results in the issuance of a notice of a violation as provided for under the terms of this article, the following fees will be charged for reinspection:
The following special fees shall be applied in connection with the enforcement of this chapter:
In the event that an inspection is scheduled and, when the inspector arrives as scheduled, the work is not done or ready or the inspector is unable to have access to the item or area to be inspected, there shall be assessed a fee of $25 for each occurrence.
Application fee to Housing Code Board of Appeals: $100.
[Amended 3-15-2007 by Ord. No. 583]
All fees assessed in connection with this chapter shall be in addition to any fees reasonably required in connection with any other state, county or Township law, ordinance or regulation and necessitated by the situation or matter being considered.