[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 9-12-1990 by Ord. No. 90:09; amended in its entirety 1-14-1998 by Ord. No. 97:12. Subsequent amendments noted where applicable.
As used in this chapter, the following terms shall have the meanings indicated:
- HOUSING CODE OFFICIAL
- The Borough Housing Code Official, his designee or an agency authorized to perform inspections on behalf of the Borough.
Rental units. All buildings, structures and units thereof that are leased or rented, regardless of the term, in the Borough of Somerdale for living or sleeping purposes shall be inspected by the Housing Code Official on every initial occupancy or change of occupancy after the effective date of this chapter, but there shall not be more than one such inspection of each leased or rented building, structure or unit thereof in any calendar year. All buildings, structures and units thereof which are leased or rented and not currently occupied at the time this chapter takes effect shall be considered initial occupancies and shall be subject to the inspection provisions hereof.
Resale of buildings. All existing homes, dwellings, buildings and structures in the Borough of Somerdale that are being sold, conveyed or transferred from one owner to another owner shall be inspected by the Housing Code Official upon such resale after the effective date of this chapter, but such code compliance inspection shall not be required for entirely new construction, as such new construction shall instead require a certificate of occupancy issued by the Construction Code Official. Any change in ownership representing 10% or more of the ownership interest being transferred or conveyed shall require a certificate of compliance inspection by the Housing Code Official as set forth herein.
All dwellings, buildings, structures and units thereof which are inspected pursuant to this chapter shall comply in all respects with the requirements of Borough ordinances, the applicable provisions of the New Jersey Uniform Construction Code, and the provisions of N.J.S.A. 55:13A-1 et seq. and N.J.S.A. 55:13B-1 et seq., as may be applicable.
The current owner, rental agent or manager of all buildings and structures and units thereof which are subject to inspection pursuant to this chapter shall be responsible for notifying, in writing, the Housing Code Official that such premises are to be leased or rented, or are to be sold or transferred, so that an inspection or reinspection may be made.
Upon completion of an inspection of the premises and the same being determined by the Housing Code Official to comply with this chapter, a certificate of compliance shall issue. A copy of this certificate of compliance shall be posted by the owner, rental agent or manager of the inspected property in each separate leased or rented unit or provided to the purchaser or buyer upon the resale of a dwelling or building prior to or at settlement or closing. No tenant shall occupy any building, structure or any units thereof and no buyer or purchaser may complete or close settlement on the property until a certificate of compliance has issued.
In the event that the Housing Code Official determines, after an inspection, that the premises in question are in violation of this chapter, the Housing Code Official shall notify, in writing, the owner, rental agent or manager of the violations noted. Upon correction of the violations, the owner, rental agent or manager shall notify, in writing, the Housing Code Official that the corrections have been made so that a reinspection of the property may occur. If, upon reinspection of the property, the Housing Code Official determines that previous violations were not corrected or new violations exist, then the Housing Code Official shall, again in writing, notify the owner, rental agent or manager of the inspected property of the violations, and this process shall continue until all violations have been corrected.
Service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner, rental agent or manager personally; or by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail addressed to the owner at the last known address with return receipt requested; or, if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in, on or about the dwelling, building, or structure affected by such notice and there shall be at least one publication of such notice in a local newspaper of general circulation.
If, subsequent to the issuance of a certificate of compliance, the Housing Code Official learns or becomes aware of violations of this chapter, an inspection shall be made of the subject premises. If violations are found to exist, then notification, in writing, shall be given to the owner, rental agent or manager, and said person shall have 10 days from service of the notice to correct all deficiencies noted therein. In the event that the same have not been corrected within 10 days, then the certificate of compliance may be revoked by the Housing Code Official by mailing a notice of revocation by certified mail to the owner, rental agent or manager and to the tenant or tenants, or the perspective buyer or purchaser, and the premises will be vacated, if already occupied or occupancy shall hereby be prohibited if not already occupied.
Each day that a violation continues, after due notice has been served in accordance with the terms and provisions hereof, shall be deemed a separate offense.
Notwithstanding any of the aforementioned and not in limitation thereof, in case any violation order is not promptly complied with, the Housing Code Official may request the Borough Solicitor to institute an appropriate action or proceeding at law or equity to exact the penalty provided as indicated above or may ask the Borough Solicitor to proceed at law or in equity against the persons responsible for the violation for the following purposes:
To restrain, correct or remove the violation or refrain from any further execution of work.
To restrain or correct the erection, installation or alteration of each structure.
To require the removal of work in violation.
To prevent the occupation or use of the structure or part thereof which was erected, constructed, installed or altered in violation of or not in compliance with the provisions of this code or in violation of a plan or specification under which an approval, permit or certificate was issued.