[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[1]]
[1]
Editor's Note: This ordinance repealed former Ch. 50, Existing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:
A.
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:
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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.
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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.
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The Housing Code Official may be removed from office for just
cause and in accordance with the provisions of the Township's personnel
policies.
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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.
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B.
Section 101.1 of the IPMC, add: "Township of Upper Deerfield."
C.
Section 103.6 of the IPMC, add: "As set forth in § 303-8 of the Code of the Township of Upper Deerfield."
D.
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."[1]
E.
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."
F.
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.
G.
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."
H.
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."
I.
Section 303.14 of the IPMC is amended to add the following dates:
April 1 to December 1.
J.
Section 602.3 of the IPMC is amended to add the following dates:
October 1 to May 15.
K.
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]
A.
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.
B.
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; 5-17-2018 by Ord. No. 776]
The owner of any building within the Township of Upper Deerfield
containing rental units, regardless of use, shall annually, on or
before April 30 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.[1]
[1]
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; 12-1-2022 by Ord. No. 843]
At the time of registering any rental unit as provided in § 303-7, the registrant shall pay a fee of $75 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 $25 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:
A.
B.
[Amended 3-15-2007 by Ord. No. 583; 12-1-2022 by Ord. No. 843]
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:
A.
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.
B.
The fee for a returned check is as set forth in Chapter 152, Checks, Returned.
[Amended 6-5-1997 by Ord. No. 467; 5-5-2011 by Ord. No. 669]
C.
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.
