[Ord. #97-29, § 1; Ord. #2003-13, § 1;
Ord. #2007-10, § 1; Ord. #2008-03, § 1; Ord. No. 2011-07]
All buildings, structures and units thereof, that are leased
or rented, regardless of the term, in the Township of Plumsted, shall
be inspected by the Code Official on every initial occupancy and every
two (2) years thereafter, but there shall not be more than one (1)
such routine inspection of each leased or rented building, structure
or units thereof in any two (2) year period except for emergencies
and/or for complaints received about problems at rental unit(s). A
satisfactory State Certificate of Inspection may be used to fulfill
this inspection requirement for the two (2) year period from the date
on which the certificate is issued. It shall be the obligation of
the owner to provide the Plumsted Township Code Official with a copy
of the New Jersey State Certificate of Registration form and a copy
of any Certificate of Inspection(s) within fourteen (14) days of receipt
of these documents. 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 an initial occupancy and
subject to the inspection provision hereof.
All buildings, structures and units thereof, which are inspected
pursuant to this chapter, shall comply in all respects to the requirements
of Township Ordinances and the applicable provisions of the New Jersey
Uniform Construction Code and the provisions of N.J.S.A. 55:13A-1,
et seq., and 55:13B-1, et seq.
[Ord. #2007-11, § 3]
The owner, rental agent, or manager prior to scheduling inspections
shall supply to the Code Official well water and heater certifications.
The well water certification cannot be older than five (5) years from
the date of requested inspection or if a change in occupancy has occurred
since the last rental inspection then a new well water test shall
be provided. The heater certification shall be performed by a qualified
technician, approved by the Code Official, that the heating equipment
serving the premises for which the certificate is requested is in
proper and safe working order. The heater certification shall be dated
not more than thirty (30) days prior to the date of the application
of the certificate of inspection and the heater certification expires
thirty (30) days from the date of heater inspection. Exception: If
electric heat, no heater certification is needed.
[Ord. #2007-11, § 2]
Upon completion of an inspection of the premises and the same
being determined by the Code Official to comply with this Article,
a rental certificate of inspection shall issue. A copy of the certificate
shall be posted by the owner, rental agent or manager of the inspected
property in each separate leased or rented unit. No tenant shall occupy
any building, structure or any units thereof until a rental certificate
of inspection has issued.
In the event that the Code Official determines, after an inspection,
that the premises in question are in violation of this Article, the
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 Code
Official that the corrections have been made so that a reinspection
of the property may occur. If, upon reinspection of the property,
the Code Official determines that previous violations were not corrected
or new violations exist, then the 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 or about the structure
affected by such notice, and at least one publication of such notice
in a local newspaper of general circulation.
[Ord. #2007-11, § 2]
If subsequent to the issuance of a rental certificate of inspection,
the Code Official learns or becomes aware of violations of this Article,
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 ten
(10) days from service of the notice to correct all deficiencies noted
therein. In the event that the same have not been corrected within
ten (10) days, then the rental certificate of inspection may be revoked
by the Construction Official by mailing a notice of revocation by
certified mail to the owner, rental agent or manager and to the tenant
or tenants and the premises will be vacated.
[Ord. #97-33, § 1; Ord. #2003-13, § 2;
Ord. #2007-10, § 2]
A.
Amounts.
(1)
The owner of the inspected property shall be charged a fee for each
two (2) year inspection as follows:
(a)
Each dwelling unit (including smoke alarm and carbon monoxide
certifications) and each commercial unit: one hundred twenty-five
dollars ($125) per unit every two (2) years. In the event violations
are found the first reinspection will be fifty dollars ($50); second
reinspection—seventy-five dollars ($75); third reinspection—Summons
issued. A change in occupancy fee would be eighty dollars ($80).
(b)
Boardinghouses:
[1]
One (1) to five (5) rooms: twenty-five dollars ($25).
[2]
Six (6) to fifteen (15) rooms: thirty dollars ($30).
[3]
Sixteen (16) to twenty-five (25) rooms: thirty-five dollars
($35).
[4]
Twenty-six (26) to thirty-five (35) rooms: forty-five dollars
($45).
[5]
Thirty-six (36) and upwards: fifty-five dollars ($55).
(2)
The term "dwelling unit" shall be defined as a single unit providing
complete, independent living facilities for one or more persons including
permanent provisions for living, sleeping, cooking and sanitation.
(3)
The term "room" shall mean a single, habitable unit used or intended
to be used for living and/or sleeping, but not for cooking or eating
purposes.
(4)
A fee of ten dollars ($10) may be charged for each dwelling unit
or room which is required to be reinspected during any calendar year.
B.
The aforesaid fees shall be paid to the Code Official prior to any
inspection being made hereunder.
As used in this Article, the following terms shall have the
meanings indicated:
The Township Construction Code Official, his designee or
an agency authorized to perform inspections on behalf of the Township.
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000), by imprisonment for a term not to exceed
ninety (90) days or by community service of not more than ninety (90)
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
Notwithstanding any of the aforementioned and not in limitation thereof,
in case any violation order is not promptly complied with, the Code
Official may request the jurisdiction's legal representative
to institute an appropriate action or proceeding at law or equity
to exact the penalty provided as indicated above or may ask the legal
representative to proceed at law or in equity against the persons
responsible for the violation for the following purposes:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)
To restrain or correct the erection, installation, or alteration
of each structure;
(3)
To require the removal of work in violation, or;
(4)
To prevent the occupation or use of the structure, or part thereof
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.
[1]
Editor's Note: Former Section 11-11, Transfer of title,
previously codified herein was repealed in its entirety by Ordinance
No. 94-13.
[Ord. #2007-11, `§ 2]
Such certificate of inspection shall certify that such dwelling
or dwelling unit is fit for human habitation according to the guidelines
promulgated by ordinances adopted by the Township of Plumsted, the
New Jersey State Uniform Construction Code, the provisions of N.J.S.A.
55:13A-1, et seq., and 55:13B-1, et seq., and the provisions of the
New Jersey State Housing Code.
[Ord. #2007-11, § 2]
A.
Within ten (10) days of the receipt of the application and application fee, the Construction Official shall either issue a certificate of inspection pursuant to § 11-10 or issue a denial of the request for the certificate specifying the necessary corrections or repairs which must be made in order to cause the premises to comply with all ordinances adopted by the Township of Plumsted or standards contained in the New Jersey Uniform Construction Code.
B.
The Construction Official may issue a temporary certificate of inspection for a period not to exceed ninety (90) days if the structure substantially complies with the criteria set forth in Subsection A above. In such event, the temporary certificate of inspection shall be conditioned upon the completion of such items specified by the Construction Official and within the time period established by said Official.
The owner or agent of the inspected property shall be charged
a fee of twenty-five dollars ($25) per dwelling unit and ten dollars
($10) for each additional dwelling unit on the property.
The definitions in this Article shall be those set forth in Article I.
The violation and penalties in this Article shall be those set forth in Article I.
