[1971 Code §§ 6-3.1, 6-3.2; New]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the
New Jersey State Housing Code as approved by the Department of Community
Affairs, is adopted as a standard governing supplied utilities and
facilities and other physical things and conditions essential to making
dwellings safe, sanitary and fit for human habitation, occupancy or
use, and governing the condition of dwellings. A copy of the New Jersey
State Housing Code may be found on file in the Office of the Borough
Clerk and will remain on file there for the use and examination of
the public.
[1971 Code § 6-3.3; New]
The administrative and enforcing authority for the provisions
of this section shall be the County Health Officer.
[1971 Code § 6-3.4]
This section shall constitute the standards to guide the County
Health Officer in determining the fitness of any dwelling, dwelling
unit, rooming unit or premises for human habitation, use or occupancy.
[1971 Code § 6-3.5]
The County Health Officer may make rules and regulations which
interpret or amplify any provision of this section or for the purpose
of making the provisions of this section more effective. No regulation,
however, shall be inconsistent with or alter or amend any provision
of this section, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this section. Rules
and regulations shall be subject to the same penalty as other violations
of this section.
[1971 Code § 6-3.6]
The County Health Officer or his agents or employees shall make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the Borough. For the purpose
of making inspections, the County Health Officer or his agents are
authorized to enter and examine any dwelling, dwelling unit, rooming
unit or premises at reasonable hours as the circumstances of the case
permit. This subsection shall not be construed to prohibit the entry
of the County Health Officer or his agents at any time when an actual
emergency exists which tends to create a danger to public health or
safety, or at any time when an inspection is requested by an owner
or occupant.
[1971 Code § 6-3.7]
Upon presentation of proper identification, the owner, occupant
or person in charge of a dwelling, dwelling unit or rooming unit shall
give the County Health Officer or his agents free access to the premises
for the purpose of inspection or of making any repairs or alterations
which are necessary to effect compliance with this section.
[1971 Code § 6-3.8]
The County Health Officer or his agents may, upon affidavit,
apply to the Judge of the Municipal Court of the Borough for a search
warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a nuisance or violation
of this section exists on the premises, and if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, he shall
authorize the issuance of a search warrant permitting access to and
inspection of that part of the premises on which the nuisance or violation
may exist. Search warrants may also be obtained in connection with
a general program of inspection.
[1971 Code § 6-3.9]
Whenever the County Health Officer determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this section or of any rule or regulation adopted pursuant
thereto, he shall give notice of the alleged violation to the person
or persons responsible therefor as provided. The notice shall:
a.
Be put in writing;
b.
Include a statement of the reasons why it is being issued;
c.
Allow a reasonable time for the performance of any act it requires;
d.
Be served upon the owner or his agent, or the occupant, as the case
may require; provided that notice shall be deemed to be properly served
upon the owner or agent or upon the occupant, if a copy thereof is
served upon him personally; or if a copy thereof is sent by certified
mail to his last known address; or if a copy is posted in a conspicuous
place in or about the dwelling affected by the notice; or if he is
served with the notice by any other method authorized or required
under the laws of this State. The notice may contain an outline of
remedial action which, if taken, will effect compliance with the provisions
of this section and with rules and regulations adopted pursuant thereto.
[1971 Code § 6-3.10]
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this section, or of any
rule or regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the County Health Officer,
provided such person shall file in the Office of the County Health
Officer, a written petition requesting a hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice is served. Upon receipt of the petition, the County
Health Officer shall set a time and place for the hearing and shall
give the petitioner written notice thereof. At the hearing the petitioner
shall be given an opportunity to be heard and to show why the notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the date on which the petition is filed;
provided that upon application of the petitioner, the County Health
Officer may postpone the date of the hearing for a reasonable time
beyond the 10 day period, if in his judgment the petitioner has submitted
a good and sufficient reason for the postponement. After the hearing,
the County Health Officer shall sustain, modify, or withdraw the notice,
depending upon his findings as to whether the provisions of this section
and the rules and regulations adopted pursuant thereto have been complied
with. If the County Health Officer sustains or modifies the notice,
it shall be deemed to be an order. Any notice served pursuant to this
section shall automatically become an order if a written petition
for a hearing is not filed in the Office of the County Health Officer
within 10 days after the notice is served. The proceedings at the
hearings, including the findings and the decision of the County Health
Officer, shall be summarized, reduced to writing, and entered as a
matter of public record in the Office of the County Health Officer.
The record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the County Health Officer may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of the State. Whenever
the County Health Officer finds that an emergency exists which requires
immediate action to protect public health or safety, he may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that action be taken as he deems necessary
to meet the emergency. Notwithstanding the other provisions of this
section, the order shall be effective immediately. Any person to whom
an order is directed shall comply therewith immediately, but upon
petition to the County Health Officer shall be afforded a hearing
as soon as possible. After such hearing, depending upon his findings
as to whether the provisions of this section and of the rules and
regulations adopted pursuant thereto have been complied with, the
County Health Officer shall continue the order in effect, or modify
it, or revoke it.
[1971 Code § 6-3.11]
Whenever a petition is filed with the County Health Officer
by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least
five residents of the Borough charging that any dwelling is unfit
for human habitation as defined in the Housing Code, or whenever it
appears to the County Health Officer on his own motion that any dwelling
is unfit for human habitation, he shall if his preliminary investigation
discloses a basis for charges, issue and cause to be served upon the
owner of, and parties in interest in the dwelling a complaint stating
the charges in that respect and containing a notice that a hearing
will be held before the County Health Officer at a place therein fixed
not less than 10 days nor more than 30 days after the serving of the
compliant; that the owner and parties in interest shall be given the
right to file an answer to the complaint and to appear in person,
or otherwise, and give testimony at the time and place fixed in the
complaints; and that the rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the County
Health Officer.
[1971 Code § 6-3.12]
If after notice and hearing, the County Health Officer determines
that the dwelling under consideration is unfit for human habitation,
as defined in the Housing Code, he shall state in writing his findings
of fact in support of this determination and shall issue and cause
to be served upon the owner thereof and parties in interest an order
requiring:
a.
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which shall be set forth in
the order, or at the option of the owner, to vacate or to have the
building vacated and closed within the time set forth in the order.
b.
If the building is in a condition as to make it dangerous to the
health and safety of persons on or near the premises, and the owner
fails to repair, alter or improve the building within the time specified
in the order, that the owner shall remove or demolish the building
within a reasonable time as specified in the order of removal.
c.
If the owner fails to comply with an order to repair, alter or improve,
or at the option of the owner to vacate and close the building, the
County Health Officer may cause such building to be repaired, altered
or improved, or to be vacated and closed; that the County Health Officer
may cause to be posted on the main entrance of any building so closed,
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
d.
If the owner fails to comply with an order to remove or demolish
the building, the County Health Officer may cause such building to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor.
e.
The amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees,
search fees and advertising charges incurred in the course of any
proceeding taken under this section determined in favor of the Borough.
2.
The cost of repairs, alterations or improvements, or vacating and
closing, or removal or demolition, if any, or the amounts of the balance
thereof remaining after deduction of the sum, if any, realized from
the sale of materials derived from the building or from any contract
for removal or demolition thereof, shall be a municipal lien against
the real property upon which cost was incurred.
If the building is removed or demolished by the County Health
Officer, he shall sell the materials of the building. There shall
be credited against the cost of removal or demolition the proceeds
of any sale of materials or any sum derived from any contract for
the removal or demolition of the building. If there are no credits,
or if the sum total of costs exceeds the total of such credits, a
detailed statement of the aforesaid costs and the amount due shall
be filed with the Municipal Tax Assessor or other custodian of the
records of tax liens and a copy shall be forwarded to the owner by
certified mail. If the total of the credits exceeds the costs, the
balance remaining shall be deposited in the Superior Court by the
County Health Officer, shall be secured in a manner as may be directed
by the Court and shall be disbursed according to the order or judgment
of the Court to the persons found to be entitled thereto by final
order or judgment of the Court; provided, however, that nothing in
this section shall be construed to impair or limit in any way the
power of the Borough to define and declare nuisances and to cause
their removal or abatement, by summary proceedings or otherwise. Any
owner or party in interest may, within 60 days from the date of the
filing of the lien certificate, proceed in a summary manner in the
Superior Court to contest the reasonableness of the amount or the
accuracy of the costs set forth in the municipal lien certificate.
[1971 Code § 6-3.13]
Complaints or orders issued by the County Health Officer pursuant
to this section shall be served upon persons either personally or
by certified mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Health Office in the exercise
of reasonable diligence, and the County Health Officer shall make
an affidavit to that effect, then the serving of the complaint or
order upon such persons may be made by publishing the same once each
week for two successive weeks in a newspaper having circulation in
the Borough. A copy of the complaint or order shall be posted in a
conspicuous place on the premises affected by the complaint or order,
and a copy of the complaint or order shall be duly recorded or lodged
for record with the County Recording Officer.
[1971 Code § 6-3.14]
The County Health Officer is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
the following, in addition to others granted:
a.
To investigate the dwelling conditions in the Borough in order to
determine which dwellings are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examination; provided,
that such entries shall be made in a manner as to cause the least
possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of any officers, agents and employees
as he deems necessary to carry out the purpose of this section.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[1971 Code § 6-3.15]
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 which does not conform to the provisions of the New Jersey
State Housing Code established as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
[Ord. No. 04-02, Preamble]
N.J.S.A. 46:8-28.1 mandates the registration of rental units
within the State of New Jersey or within the municipality wherein
the rental unit is situated; and municipalities are authorized to
regulate buildings used for sleeping, lodging and occupancy purposes,
including, but not limited to, boarding houses, rooming houses, rental
housing or living units under N.J.S.A. 40:52-1 et seq.
N.J.S.A. 40:82-2.12(a) authorizes the Governing Body of any
municipality to make, amend, repeal and enforce ordinances to regulate
buildings and structures, and their use and occupation, to prevent
and abate conditions therein harmful to the health and safety of the
occupants of the buildings and the general public in the municipality.
The Mayor and Borough Council have received numerous complaints related
to rental properties located within the Borough and it is come to
their attention that a number of rental units within the Borough are
overcrowded and unsupervised by the landlord, thereby creating conditions
harmful to the health and safety of the occupants and the general
public.
The problems are exacerbated by absentee landlords who do not
properly manage or supervise their rental properties; and conditions
such as overcrowding, noise complaints, and code violations have caused
and continue to cause the Borough to incur considerable expense in
its enforcement efforts and to have a deleterious effect on the quality
of life of Borough residents.
In an effort to contain the many problems represented by poorly
managed rental units, the Borough has established a Rental Property
Regulation which is to be administered by the Housing Official and
Housing Inspector.
It is the express intention of the Governing Body to hold landlords
accountable for unsafe and unsanitary conditions and for units which
experience disturbances, damage, and incur public expense resulting
from inadequately supervised rental units, and which disturb the peace
and tranquility of the general public. The Mayor and Council have
determined that it is necessary to require persons who engage in the
business of offering property for rent to obtain a license for each
building and file a Rental Registration Application for every rental
unit in order to protect the public health and safety. To assist the
Housing Official in effectively fulfilling his responsibilities, it
is necessary to identify all rental properties and the number and
names of all tenants therein in order to properly regulate the rental
properties, enforce all laws, ordinances and regulations, safeguard
the health and safety of all residents of Matawan, and ensure proper
management of rental properties.
It is the intention of the Borough to use the information contained
in the Rental Registration Application to create a data base which
may be supplied to the Police Department, Fire Department and Code
Enforcement Office to better oversee rental properties, enforce violations,
and protect the tenants in the rental units.
The Mayor and Council believe it is in the public interest to
license all landlords of rental properties and to provide for the
establishment of additional regulations of rental properties which
will identify all rental properties, owners, managing agents and tenants
in order to ensure the safety of all tenants and the quality of life
for all residents in the Borough of Matawan.
[Ord. No. 04-02 § 1]
As used in this Article:
Shall mean and include that portion of a dwelling unit, rented
or offered for rent for living and dwelling purposes, to one individual
or family unit, together with all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use occupancy of such portion of the property.
Shall mean fit to habitation as defined by the Statutes of
the State of New Jersey, and the Codes and Ordinances of the Borough
of Matawan.
Shall mean and include that portion of a building or structure
rented or offered for rent to one or more tenants or family units.
Shall mean and be treated as separate and individual rental
properties.
Shall mean those persons who have leased the unit from the
owner regardless of the type of tenancy under which they occupy the
unit.
Shall mean any person who owns any legally cognizable interest
in any apartment complex including, but not limited to, outright ownership,
ownership through a partnership, corporation or limited liability
company.
Shall mean the primary residential living unit of the owner.
Shall mean the cleanliness and proper working order and upkeep
of all areas used by tenants and the public.
Shall mean any structure or building which contains one or
more individual residential rental units.
Shall mean and include that portion of a dwelling, building
or structure rented or offered for rent, for living and dwelling purposes
to individuals or to family units.
Shall mean and include that portion of a dwelling, building
or structure rented or offered for rent for living and dwelling purposes
to individuals or family units.
[Ord. No. 04-02 § II,
1]
No person(s) corporation or business entity shall offer any
residential property for rent, or shall rent, lease or let any residential
property to any person or persons without first obtaining a license
by way of completing a Rental Property Registration Application.
[Ord. No. 04-02 § II,
2]
The applicant shall provide the information required on the
application form.
[Ord. No. 04-02 § II,
3]
The annual nonrefundable license fee shall be as follows:
a.
Year 1: $250. This fee shall entitle landlord to one Continuous Certificate
of Occupancy (CCO) with no additional fee. However, in the event there
is a change in tenancy during the year, the landlord shall be required
to update the Rental Property Registration Application and complete
a new application for a Continuous Certificate of Occupancy at the
current CCO fee. In the event, at the time of the initial Rental Property
Registration, the landlord has a current and/or existing CCO, the
landlord is not required to obtain a new CCO. There shall be no credit
or adjustment of the initial Rental Property Registration fee due
to the landlord holding a current CCO.
b.
Year 2: $125 provided that, in the past year, the licensee has not
received any violation of this chapter or any other Borough ordinances,
Statutes or regulation concerning rental property. In the event of
any such violation, the annual fee shall remain $250. The annual fee
shall not decrease unless the landlord and all units in the rental
property have been violation-free for a period of a year. This fee
shall entitle landlord to one Continuous Certificate of Occupancy
(CCO) with no additional fee. However, in the event there is a change
in tenancy during the year, the landlord shall be required to update
the Rental Property Registration Application and complete a new application
for a Continuous Certificate of Occupancy at the current CCO fee.
In the event, at the time of the initial Rental Property Registration,
the landlord has a current and/or existing CCO, the landlord is not
required to obtain a new CCO. There shall be no credit or adjustment
of the initial Rental Property Registration fee due to the landlord
holding a current CCO.
c.
Year 3 and every year thereafter: $75 provided that, in the past
year, the licensee has not received any violation of this chapter
or any other Borough ordinances, Statute or regulation concerning
rental property. In the event of any such violation, the annual fee
shall revert back to $250. The annual fee shall not decrease unless
the landlord and all units in the rental property have been violation-free
for a period of a year. The fee shall entitle landlord to one Continuous
Certificate of Occupancy (CCO) with no additional fee per registration
year. However, in the event there is a change in tenancy during this
year, the landlord shall be required to complete a new application
for a Continuous Certificate of Occupancy at the then CCO fee. In
the event, at the time of the initial Rental Property Registration,
the landlord has a current and/or existing CCO, the landlord is not
required to obtain a new CCO. There shall be no credit or adjustment
on the initial Rental Property Registration fee due to the landlord
holding a current CCO.
In the event that ownership of the property is transferred,
the new owner shall apply for a license by completing a new Rental
Property Registration Application and the applicable fee within 10
days of transfer.
The annual fee is to be paid on an annual basis within 20 days
on which it was first filed (anniversary date).
[Ord. No. 04-02 § II,
4]
In the event of a violation(s) of this or any other Borough
ordinance, Statute or regulation concerning rental property in the
Borough of Matawan by a licensee of rental property, the Mayor and
Council may revoke the license after notice is given and the opportunity
for a hearing is had. A license shall not be revoked until five days
prior notice of the grounds therefor is served on this licensee and
a reasonable opportunity is given to the licensee to be heard thereon.
[Ord. No. 04-02 § III,
1; Ord. No. 05-29]
a.
The owner of every rental property within the Borough of Matawan
shall file a Rental Property Registration Application with the Borough
Clerk. The form may be requested from the Borough Clerk. The Borough
Clerk shall provide a copy of the completed form to the Housing Official
and/or Fire Official. When providing a copy of the completed form
to any other person or entity requesting same, the Municipal Clerk
shall redact the names and addresses, age and gender of the tenants.
b.
The Rental Property Registration Application shall be filed on an
annual basis on or before the anniversary date of each year. Failure
to do so will result in a penalty.
c.
The Rental Property Registration Application shall include:
1.
The names and addresses of record owners of the rental property,
including all general partners in the case of partnership and all
members in the case of a limited liability company and all shareholders
in the case of a corporation;
2.
The name and address of a person who resides in Monmouth County and
who is authorized to accept notices from a tenant or a municipality,
to issue receipts for these notices, and to accept the service of
process on behalf of the record.
3.
The name, address and telephone number of the owner of record or
representative of same, or managing agent who may be reached or contacted
at any tine in the event of an emergency affecting the dwelling or
any dwelling unit, including such emergencies as the failure of any
essential service or system, and who has authority to make emergency
decisions concerning the building or unit, including the making of
repairs;
4.
The name, age and gender of each and every tenant in each unit, including
children. The information contained in the Rental Property Registration
Application must set forth information for each unit within the rental
property.
5.
The names and addresses of all holders of recorded mortgages on the
property;
6.
If fuel oil is used to heat the unit, the name and address of the
fuel oil dealer servicing the unit and the grade of oil used;
7.
As to each unit, the owner shall provide a floor plan of each rental
unit which shall depict the number, dimensions and locations of each
room in the unit identifying each room including both its designed
and actual use. No space shall be used for sleeping purposes which
has not been so designated as a sleeping area on the sketch provided
by the owner and approved by the Housing Official and/or Fire Official,
which shall be on file with the Housing Official; and
8.
Such other information as may be required by the Borough.
d.
In the event the tenancy changes during the year, the landlord, owner
or managing agent, shall, within 10 days of the change in tenancy,
file for a new CCO for the change of tenancy. A change in tenancy
shall mean the addition of any person not included in the annual Application
or the deletion of any person on the annual Application.
[Ord. No. 04-02 § IV]
The provisions of this Article shall not apply to Public Housing
Authorities, Not for Profit Housing Corporations, and rental property
restricted to senior housing or housing for the developmentally disabled.
[Ord. No. 04-02 § V; Ord. No. 05-29]
a.
All rental units shall be inspected by persons or agencies duly authorized
by the Borough for inspections for purposes of determining Zoning
Ordinance compliance and to determine if the rental property, unit
or complex complies with all laws, including, but not limited to the
Property Maintenance Code, Uniform Construction Code, Health Code,
Housing Code, and Fire Code.
b.
In the event that the inspection(s) of a rental unit does not result
in a satisfactory inspection, the owner or agent shall cause all necessary
repairs or corrections to be made within the time prescribed by the
applicable official or code, and if not made within the time period,
the owner shall be deemed in violation of this Article, and every
day that the violation continues shall constitute a separate and distinct
violation subject to the penalty provisions herein.
c.
All rental units subject to this Article shall be subject to inspections
to determine their condition in order to safeguard the health, safety
and welfare of the occupants of such rental units and of the general
public and to determine compliance with this Article. The owner, operator,
agent and occupant shall make the units available for such inspections
and are required to provide the necessary arrangements to facilitate
such inspections. Inspections shall be made with the consent of the
occupant, who is of legal age to grant such consent, or, absent consent,
with an administrative search warrant, unless there is reason to believe
that a violation exists which poses an immediate threat to health
or safety, requiring inspection and abatement without delay. Reasonable
attempts shall be made to obtain consent of the occupant.
d.
Petitioned Inspections.
1.
An inspection will be required when petitioned by a tenant, occupant,
landlord or a representative of a rental dwelling unit, provided that
the petitioner:
(a)
Is the tenant or occupant of the premises in the petition;
(b)
Files the petition with the Housing Official and/or Fire Official
or the Borough Clerk and with the property owner, specifying a violation
under this Article;
(c)
Agrees to provide access to the premises under his control for the
purposes of inspection and for abatement of any violations found to
exist.
2.
In the event that a petition is so made, the property owner shall
have 10 days to correct the violation and to notify the Housing Official
and/or Fire Official of his action. If a petitioner still requests
an inspection and the violation still exists, the proper owner shall
pay the petitioned inspection fee. If the violation has been corrected,
the petitioner shall pay the petitioned inspection fee. The inspection
will be made within 10 working days.
3.
In the event the inspection reveals violations of such a nature so
as to render occupancy unsafe, the owner shall be responsible for
the reasonable moving cost and temporary dwelling cost of the tenant
until the premises are made safe for occupancy.
e.
Temporary Certificate of Occupancy.
1.
If, in the opinion of the Inspecting Officer, only minor violations
are found to exist after the inspection, a Temporary Certificate of
Occupancy (TCO) can be issued, permitting a new occupant to conditionally
occupy the premises. This shall specify that the owner or operator
has agreed that the violations exist and to make all required repairs
within 10 days after the receipt of a Temporary Certificate of Occupancy
(TCO). For the purposes of the subsection, "minor violation" shall
be construed to mean violations whose corrections, which do not present
an immediate danger to health, safety or welfare of the occupancy.
f.
Time of Inspections. Inspections shall be completed as posted in
the Fire Prevention Office.
g.
In the event of a refusal of entry in inspection, the Inspection
Officer may, upon affidavit, apply to the Judge of the Municipal Court
for a search warrant, setting forth the reasonable basis for believing
that a nuisance exists which constitutes a violation of this Article.
[Ord. No. 04-02 § VI;
New]
a.
No person shall occupy any rental unit, nor shall the owner permit
occupancy of any rental unit unless the unit is registered in accordance
with this Article.
b.
Pursuant to the BOCA 1996 Property Maintenance Code, 1996, Schedule
40-5.5, "Overcrowding," it shall be unlawful for any person, including
the owner, agent or tenant, to allow a greater number of persons than
the posted maximum number of occupants to reside in the rental unit.
c.
Only those persons whose names are on file as required in this Article
may reside in the registered premises. It shall be unlawful and a
violation of this Article for any other person to reside in the premises.
This provision may be enforced against the landlord and tenant and/or
other person residing in the premises.
d.
No rental property or unit shall be conducted or maintained in such
a manner as to constitute a nuisance.
e.
In every written lease for each rental unit, the landlord shall include
the following:
[Ord. No. 04-02 § VII]
Failure to comply with the provisions of this chapter shall
result in the imposition of a fine in the amount of $1,250.
In addition to the fine set forth above, the Court may impose
imprisonment for a term not exceeding 90 days, or a period of community
service not exceeding 90 days, or both.
It shall be deemed a separate and distinct violation, subject
to the penalty provisions of this chapter, for each and every day
that such violation continues and for each and every rental property
and/or rental unit for which the violation continues.
[Ord. No. 04-02 § VIII; Ord. No. 05-29]
|
Petitioned Inspection
|
$ 50.00
|
|
Change of CCO inspection fee
|
50.00
|
|
Re-inspection fee
|
25.00
|
|
Re-inspection of re-inspection of violations
|
75.00
|
|
Requested pre-inspection
|
40.00
|
|
Request of Hearing Board
|
500.00
|
|
No Show at requested inspection, reinspection, fee (15 minute
wait)
|
80.00
|
|
No Show Re-inspection fee (15 minute wait)
|
100.00
|
|
TCO
|
75.00
|
|
Replacement of lost Inspection Certificate by Applicant
|
10.00
|
|
Failure to register—1st offense
|
1,250.00
|
|
Failure to register—2nd offense
|
1,250.00
|
|
Failure to apply for CCO
|
1,250.00
|
|
Negligent or inadvertent failure to register a unit, apartment,
home for rental
|
1,250.00
|
|
Refusal or deliberate failure to register a unit, apartment,
home for rental
|
1,250.00
|
|
Failure to supply copy of lease (1 copy)
|
100.00
|
|
Overcrowding
|
1,250.00
|
|
Failure to supply floor plan
|
250.00
|
|
Failure to correct and complete violations in required time
|
$250.00 and $10.00 for each additional day
|
