[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance No. MC 1982-25, December 20, 1982 and MC 1995-13, July 19, 1995.
[MC 2010-21, § 1, July 19, 2010]
The following terms wherever used herein or referred to in this article shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
BUILDING
Means any combination of materials to form a structure adapted to permanent or continuous occupancy or use for public, institutional, residential, business, industrial or storage purposes.
CONSTRUCTION OFFICIAL
Means a qualified person appointed by the City of Plainfield or the Commissioner of the Department of Community Affairs pursuant to the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) and regulations promulgated thereunder to enforce and administer such regulations within the jurisdiction of the City of Plainfield.
DWELLING
Means any building or structure, or part thereof, used and occupied for human habitation or intended to be used for such purpose, including any appurtenances belonging thereto or used therewith.
DWELLING UNIT
Means a group of interrelated rooms intended or designed for residential use of one (1) family; (a) separated from the other spaces by lockable doors, (b) having access to the outside without crossing another dwelling, (c) having living, eating, and sleeping facilities.
OCCUPANT
Means any person living in, sleeping in, or having actual possession of a dwelling unit or rooming unit, or any person using or having actual possession of any nonresidential premises.
OPERATOR
Means any person who has charge, care or control of a building, structure or premises, or a part thereof, whether with or without the knowledge and consent of the owner of such building, structure or premises.
OWNER
Means any person who, alone or jointly or severally with others, shall have legal or equitable title to any building, structure, premises, dwelling or dwelling unit with or without accompanying actual possession thereof; or shall have charge, care or control of any building, structure, premises, dwelling or dwelling unit, as owner, agent of the owner or as fiduciary, including, but not limited to executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any building, structure or premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility with the owner for the portion of the premises sublet or assigned by said lessee.
PREMISES
Means a lot, plot, or parcel of land (including a vacant lot, plot or parcel) and the buildings and structures located thereon, if any.
ROOMING UNIT
Shall mean any room or group of rooms forming a single-habitable unit other than a dwelling unit which is rented or available for rent for sleeping purposes.
STRUCTURE
Means the combination of any materials, whether fixed or portable, forming a construction, including buildings.
[MC 2010-21, § 1, July 19, 2010]
No person, firm, corporation or other entity shall purchase, sell, transfer or otherwise convey, or lease, occupy, rent, let, or otherwise deliver up for occupancy (whether commercial or residential) any building, structure or premises, including, without limitation, a dwelling unit or rooming unit, unless a certificate of compliance shall first have been obtained from the Director, Division of Inspections. The foregoing requirements shall be effective whether the sale, transfer, conveyance or change in ownership, occupancy, rental or lease is temporary, seasonal or permanent and whether or not for consideration.
[MC 2010-21, § 1, July 19, 2010]
Upon application from the owner or operator of a building, structure or premises, an inspection shall be conducted by the Division of Inspections and if such building, structure or premises is found to be in compliance with the Plainfield Property Maintenance Code, the Uniform Construction Code, if applicable, and the Plainfield Zoning Ordinance, a certificate of compliance shall be issued that certifies that the building, structure or premises, complies therewith and there are no violations of any related laws or ordinances or orders pending. The Director, Division of Inspections shall determine the contents of the certificate of compliance. A certificate of compliance shall be issued only to the proposed transferor with respect to any purchase, sale, transfer or other conveyance of a building, structure or premises or the owner with the tenant specified thereon with respect to any rental, lease, occupancy or other letting of a building, structure or premises. A certificate of compliance shall not be transferable. A nonconforming use, regardless of the duration it has existed, shall not receive a certificate of compliance unless it can be demonstrated that the use predates any law or ordinance regulating such use.
[MC 2010-21, § 1, July 19, 2010]
Any and all agreements for the purchase, sale, transfer or other conveyance, or for the rental, lease, occupancy, letting or otherwise delivering up, of any building, structure or premises shall expressly state that it is the responsibility of the owner, operator or other transferor to comply with the provisions of this article.
[MC 2010-21, § 1, July 19, 2010]
(a) 
Prior to the transfer of title with respect to any purchase, sale, transfer or other conveyance of a building, structure or premises or the delivery of possession with respect to any rental, lease, occupancy or other letting of a building, structure or premises, the owner, operator or transferor shall complete and file an application for a certificate of compliance with the Director, Division of Inspections, and consent shall be given therewith to the Director or the Director's agent to enter upon and examine the building, structure or premises for which the application has been filed, so that the Director or the Director's agent may determine whether or not the building, structure or premises fully complies with the applicable laws identified in Section 6:5-3 hereof. Except as provided in Section 6:5-11, a certificate of compliance shall not be issued unless there is full and complete compliance with the foregoing.
(b) 
An application for a certificate of compliance shall be made on forms prescribed by the Director, Division of Inspections, and shall be filed by the owner or operator of the building, structure or premises with the Division of Inspections. At a minimum, the application shall contain the following information:
(1) 
Street address, and apartment number, if applicable, or other identification of the building, structure or premises.
(2) 
Name, address, and telephone number of the applicant.
(3) 
Name, address, and telephone number of the owner or other transferor.
(4) 
Name, address and telephone number of the tenant or other transferee.
(5) 
Name, address and telephone number of any person, firm, corporation or other entity authorized by the owner to manage the building, structure or premises.
(6) 
The total number of persons permitted to occupy the building, structure or premises and the dwelling unit or rooming unit therein, if applicable.
[MC 2010-21, § 1, July 19, 2010]
(a) 
An application for a certificate of compliance shall be filed, together with a fee based upon the following fee schedule:
(1) 
With respect to residential buildings, structures and premises, Fifty Dollars ($50.00) for the first dwelling unit and Twenty-Five Dollars ($25.00) per dwelling unit thereafter.
(2) 
With respect to commercial and industrial buildings, structures and premises, Three Hundred Dollars ($300.00) for each building, structure or premises.
(3) 
With respect to premises consisting of vacant land, Seventy-Five Dollars ($75.00) per lot, plot or parcel.
(4) 
With respect to mixed-use buildings, structures and premises, Three Hundred Dollars ($300.00) plus Fifty Dollars ($50.00) per unit for the first through twentieth dwelling unit, inclusive, and Twenty-Five Dollars ($25.00) per dwelling unit thereafter.
(5) 
In the event that the Division of Inspections cannot enter the premises on the date of a scheduled inspection, there shall be an additional fee of Fifty Dollars ($50.00) to be paid for the rescheduling of the inspection.
(b) 
An application for an exemption from obtaining a certificate of compliance pursuant to Section 6:5-12(d)(1) or (2) with respect to any building, structure or premises shall be filed, together with a fee of Seventy-Five Dollars ($75.00).
[MC 2010-21, § 1, July 19, 2010; amended 11-13-2023 by Ord. No. MC 2023-37]
(a) 
Within five (5) business days from the date of filing of the application for a certificate of compliance, the Division of Inspections shall use its reasonable efforts to inspect the building, structure or premises and shall notify, by telephone, the applicant of the scheduled date of inspection. The owner, operator and applicant are required to provide the necessary arrangements to make all buildings, structures and premises accessible for inspection by the Division of Inspections and to have an authorized person present to assist and provide entry for the inspection. Upon completion of such inspection, the Division of Inspections shall notify the applicant of its findings by sending a copy of either the certificate of compliance or a notice of violations to the applicant at the address set forth in the application. In addition, if applicable, the Division of Inspections, shall post a written notice in a conspicuous location on the building, structure or premises, setting forth the total number of persons permitted to occupy the property unit in accordance with local and State laws.
(b) 
Access for Yearly Inspections and Complaints.
(1) 
The Division of Inspections shall also conduct inspections of all multi-family dwellings with four (4) or more units in the City every two (2) years. All multi-family dwellings whose addresses end with an odd number shall be inspected on odd numbered years. All multi-family dwellings whose addresses end with an even number shall be inspected on even numbered years.
(2) 
An inspector must provide an owner with a written notice within seven (7) days of said re-inspection.
(3) 
A City Inspector is hereby authorized to make inspections to determine the conditions of multi-family dwellings in order that they may promote the purposes of this chapter to safeguard the health, safety and welfare of occupants of multi-family dwellings. For the purposes of making inspections, a City inspector is hereby authorized to enter, examine, and survey each unit within a multi-family dwelling. The owner or occupant of every multi-family dwelling shall give the City Inspector free access to the building and each unit at all reasonable times for the purposes of such inspections, examinations, and surveys.
(4) 
Within 72 hours of the receipt of a complaint alleging a violation of this Chapter, a City Inspector shall conduct an inspection as hereinbefore provided.
(5) 
The owners of multi-family dwellings with four (4) units or more, requiring property maintenance inspections by the Division of Inspections shall pay a fee of $25.00 per unit per inspection.
(6) 
All owners who refuse to grant access to the multi-family dwelling will be assessed a mandatory fine in accordance with § 6:5-13.
[MC 2010-21, § 1, July 19, 2010]
A certificate of compliance shall be valid and shall continue in effect from the date of issue until the earliest to occur of the date (i) the building, structure or premises is purchased, sold, transferred or otherwise conveyed, (ii) the tenant specified in the application for such certificate of compliance, with respect to a dwelling unit or rooming unit, vacates occupancy of the building, structure or premises or (iii) the failure of the building, structure or premises to be in full compliance with applicable laws. Upon the occurrence of any of the events set forth above and, with respect to the event set forth in clause (iii) only, the serving of notice upon the owner, operator or occupants of the building, structure or premises, the certificate of compliance shall thereupon, without further action, be null and void and a new certificate of compliance shall be required for any further use of such building, structure, premises, dwelling unit or rooming unit.
[MC 2010-21, § 1, July 19, 2010]
A certificate of compliance may be justly denied where in the judgment of the Director, Division of Inspections, any condition warranting denial of the certificate of compliance exists with respect to any building, structure or premises, including, without limitation, any of the following conditions:
(a) 
Illegal occupancy. Occupancy not consistent with records of the Building Department and Plainfield Zoning Ordinance.
(b) 
Over-occupancy. Occupancy not consistent with the provision of Section 2.29 Over-Occupancy of the Plainfield Property Maintenance Code.
(c) 
Exterior maintenance. Lack of exterior maintenance as defined in the Property Maintenance Code.
(d) 
Water.
(1) 
No running water.
(2) 
No hot water, where operator has responsibility to supply to tenant.
(e) 
Plumbing.
(1) 
Defective toilets.
(2) 
Defective basin, tub, or shower.
(3) 
Major plumbing leaks.
(4) 
Cracks, breaks, leaks or blockage of sewer line.
(f) 
Electrical.
(1) 
Mixed utilities.
(2) 
Defective electrical fixtures, outlets or switches.
(g) 
Heating system. Defective heating equipment which results in premises not maintaining heating temperature mandated by laws, rules or regulations of the United States, State of New Jersey or City of Plainfield.
(h) 
Smoke detectors. Absence of or inoperable smoke detectors.
(i) 
Walls and ceilings.
(1) 
Severe or numerous breaks or holes in plaster.
(2) 
Buckling or bulging of plaster.
(j) 
Windows.
(1) 
Broken glass.
(2) 
Defective opening or closing mechanism.
(3) 
Inadequate ventilation.
(k) 
Cooking equipment. Defective stove or other equipment for preparation of food.
(l) 
Refrigeration. Defective refrigerator or other refrigeration unit in a residential rental unit.
(m) 
Vermin.
(1) 
Severe roach infestation.
(2) 
Mouse infestation.
(3) 
Rat infestation.
(n) 
Floors. Broken boards or holes in floor.
(o) 
Steps. Broken steps or holes in steps or stairways.
(p) 
Roof. Leaks in roof.
[MC 2010-21, § 1, July 19, 2010]
Notice may be served personally or by first class mail with postage prepaid, addressed to the last known address of person to be served. Where it is ascertained that the owner does not reside on the premises the "last known address" shall be the address of the owner, as shown in the office of the Tax Collector. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building or structure. The Director, Division of Inspections, shall file and provide notice to any owner, operator or occupant of any violation at the last known address provided hereunder if such other address is filed with the Director, Division of Inspections, personally or by certified mail addressed to the Division of Inspections. Service upon an owner, operator or occupant may also be attained by service of any notice upon a member of the family of the owner, operator, or occupant or service upon a member, officer or shareholder of the owner, operator or occupant if other than a natural person.
[MC 2010-21, § 1, July 19, 2010]
The Director, Division of Inspections, may issue, with or without bond required, a temporary certificate of compliance that will be valid for a period of up to forty-five (45) days and may extend such period by an additional forty-five (45) days if, in the opinion of the Director, the building, structure or premises is in substantial compliance with the laws and regulations set forth in Section 6:5-3 hereof and such action serves to further the purposes of this article and the denial of such temporary certificate of compliance would impose a hardship upon the applicant. In no circumstances is a temporary certificate of compliance to be in effect for more than ninety (90) days, and, if at that time the building, structure or premises does not qualify for a permanent certificate of compliance, all use and occupancy thereof shall cease until such time as a permanent certificate of compliance shall have been issued. The owner, operator or occupant shall be responsible to cease all use and occupancy without notification, and each day that such use and/or occupancy shall continue beyond the expiration of the temporary certificate of compliance shall constitute a separate violation of this article.
[MC 2010-21, § 1, July 19, 2010]
The provisions and regulations of this article shall not apply in the following instances:
(a) 
Where a certificate of occupancy or continued occupancy has been issued by the Construction Official ninety (90) days prior to transfer, sale or occupancy of a building, structure or premises, a certificate of compliance shall not be required.
(b) 
Any purchase, sale, transfer or other conveyance, or lease, occupancy, rental, let, or other delivery for occupancy of any building, structure or premises owned by the City of Plainfield.
(c) 
Any building, structure or premises that is being refinanced where no change in occupancy or ownership will occur.
(d) 
When any building, structure or premises to be purchased, sold, transferred or conveyed is in such a deteriorated condition that it is unfit for human habitation as determined by the Director of the Division of Inspections or the designee of the Director, then the transfer of such building, structure or premises shall be permitted under the following conditions:
(1) 
The building, structure or premises is demolished within forty-five (45) days after the purchase, sale, transfer or conveyance is consummated and, if any new development is intended therefor, (a) a building permit for such new development is issued by the Construction Official within forty-five (45) days after such purchase, sale, transfer or conveyance is consummated and (b) a certificate of occupancy with respect to such new development is issued by the Construction Official within six (6) months after such purchase, sale, transfer or conveyance is consummated.
(2) 
If the building, structure or premises is (a) to be rehabilitated or (b) vacant and boarded up and is not in danger of structural collapse:
(A) 
A notice shall be posted conspicuously on the front of the building, structure or premises stating that the building, structure or premises is unfit for human habitation;
(B) 
Affidavits shall be furnished by the owner and transferee indicating that each is aware that the building, structure or premises may not be occupied until repairs are completed and a certificate of occupancy is issued by the Construction Official, and that, with respect to the transferee, such transferee agrees to complete renovations and obtain a certificate of occupancy from the Construction Official within six (6) months after such purchase, sale, transfer or conveyance is consummated.
(3) 
In the event an owner claims an exemption from the provisions of this article based upon Section 6:5-12(d)(1) or (2), the owner, prior to such purchase, sale, transfer or conveyance, shall complete and file an application for an exemption for obtaining a certificate of compliance with the Director, Division of Inspections. The Director, Division of Inspections, shall determine the contents of the application for an exemption and the form of the Director's approval thereof.
[MC 2010-21, § 1, July 19, 1010]
The provisions and regulations of this article shall apply in the following instances:
(a) 
When a building, structure or premises has been foreclosed upon or foreclosure is imminent or complete, and the bank has entered into an agreement with the purchaser to sell, transfer or convey the property through a short sale, and the building, structure or premises is not accessible for a certificate of compliance inspection, or repair of any violations, an exemption for closing purposes shall be allowed under the following conditions:
(1) 
The purchaser shall demonstrate through proper documentation that the property is being purchased as a short sale or foreclosure is imminent.
(2) 
Affidavits shall be furnished by the purchaser indicating that each is aware that the building, structure or premises may not be occupied until a certificate of compliance/occupancy has been issued by the Division of Inspections.
(3) 
After the closing, and the building, structure or premises, have been transferred, the purchaser will be subject to all of the rules and regulations of a certificate of compliance sale.
(4) 
The Director of the Division of Inspections or the Director's designee shall make the final determination as to the disposition of the transaction.
[MC 2010-21, § 1, July 19, 1010; amended 11-13-2023 by Ord. No. MC 2023-37]
(a) 
Fines. A violation of any section or subsection of this article shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) for each violation committed hereunder. Each violation of a section or subsection of this article shall constitute a separate and distinct violation independent of any other section or subsection. Each day's failure to comply with any such section or subsection shall constitute a separate violation.
(b) 
Penalties. Where an owner, operator or transferor has been convicted of a violation of this article, and within twelve (12) months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation of this article, the Court may, if it finds that the second offense was willful and inexcusable, sentence the offender in addition to or in lieu of the fine set forth in the above paragraph to imprisonment in the county jail for a period of time not to exceed ninety (90) days.
(c) 
Liability of officers and agents. Where the owner is other than a natural person or persons, the subsections (a) and (b) shall also apply to any agent, superintendent, officer, member, shareholder or partner who shall alone or with others have charge, care or control of the building, structure or premises.
(d) 
Liability for costs.
(1) 
Where the owner or operator of a dwelling unit or rooming unit fails to comply with the provisions of this article and the City of Plainfield is subsequently required to relocate the tenants or occupants of such dwelling unit or rooming unit, the owner or operator, or any combination of them, shall be liable to the City of Plainfield for (1) any and all costs and expenses of relocation and (2) any payment the City of Plainfield is required to make to the relocated tenant.
(2) 
Where the Director, Division of Inspections, concludes there exists probable cause that a tenant or other occupant will be required to relocate, the owner, operator or any combination of them, shall be required to deposit with the Director, Division of Inspections, One Thousand Five Hundred Dollars ($1,500.00) to be placed in the Relocation Fund. The monies deposited in the Relocation Fund shall be for the purpose of covering the actual costs of relocation. In the event the actual costs for relocation exceed One Thousand Five Hundred Dollars ($1,500.00), then the Director, Division of Inspections, shall assess the owner, operator or any combination of them, such excess amount. In the event the actual costs for relocation are less than One Thousand Five Hundred Dollars ($1,500.00) the Director, Division of Inspections, shall refund to the person who made the deposit, the amount of such over deposit.
(e) 
The owner of a multi-family dwelling building that is condemned due to violations pursuant to this chapter, shall be assessed a penalty in the amount of Five Hundred Dollars ($500.00) per day until a new Certificate of Compliance and/or Certificate of Occupancy is issued. If the penalty is not paid within thirty (30) days of the new Certificate of Compliance and/or Certificate of Occupancy, a municipal lien shall be instituted against the real property which shall include a total fine and any additional expenses incurred by the City.
(f) 
All designated redevelopers, entering a financial agreement with the City of multi-family dwellings with four (4) units or more shall pay an annual fee of Two Thousand Five Hundred Dollars ($2,500.00) to Five Thousand Dollars ($5,000.00), depending on the number of units, in a displaced fund. The term of the annual fees will coincide with the financial agreement provided.
[MC 2010-21, § 1, July 19, 1010]
This Article shall be deemed severable so that in the event any portion thereof is determined to be invalid or otherwise unconstitutional, such determination shall not affect the validity of the remaining provisions hereof.
[MC 2010-21, § 1, July 19, 1010]
Nothing contained in this article shall exempt any of the buildings, structures or premises covered by this article from full and complete compliance with any other provision or provisions of any other ordinance or ordinances of the City of Plainfield as the same may be applicable.