[Adopted 11-11-1981 by Ord. No. 88-2; amended 2-9-2004 by Ord. No. 89-2]
The Housing Inspector of the Borough of Roosevelt is designated as the officer to exercise the power prescribed by the within section, and he shall serve in such capacity without any additional salary. The Housing Inspector is authorized, whenever in his discretion he shall deem it necessary, to enlist and acquire the aid and cooperation of the Monmouth County Board of Health. Any such request for aid shall be directed to the County Health Department and its Administrator, the County Health Officer.
[Ord. No. 89-1]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1) the "New Jersey State Housing Code" as duly adopted by the Department of Community Affairs, as it shall be amended from time to time, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings and permanent structures in the Borough are safe, sanitary and fit for human habitation and rental. Three copies of the "New Jersey State Housing Code" shall be placed on file in the office of the Borough Clerk and shall be available to all persons desiring to use and examine same.
The Housing Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and permanent structures which are intended to have access to the public and premises located within the Borough of Roosevelt in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and permanent structures and of the general public.
For the purpose of making such inspections the Housing Inspector is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, permanent structure and its premises at all times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit or permanent structure shall give the owner thereof, or his agent or employee, access to any part of such dwelling, dwelling unit, rooming unit, permanent structure or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
Whenever the Housing Inspector 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 such alleged violation to the person or persons responsible therefore as hereinafter provided. Such 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; and (d) be served upon the owner or his agent, or the occupant, as the case may require; provide that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if he is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this section and with the rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision 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 Housing Inspector, provided such person shall file in the office of the Housing Inspection a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition the Housing Inspector shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner the Housing Inspector may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Housing Inspector shall sustain, modify, or withdraw the notice, 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. If the Housing Inspector sustains or modifies such 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 Housing Inspector within 10 days after such notice is served. The proceedings at such hearings, including the findings and decision of the Housing Inspector shall be summarized, reduced to writing and entered as a matter of public record in the office of the Housing Inspector. Such 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 Housing Inspector may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State. Whenever the Housing Inspector finds that an emergency exists which requires immediate action to protect the public health, or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Housing Inspector 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 Housing Inspector shall continue such order in effect, or modify it, or revoke it.
The Borough Council is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this section, provided however, that such rules and regulations shall not be in conflict with the provisions of the Housing Code, nor in any way alter, amend or supersede any of the provisions thereof. The Housing Inspector shall file a certified copy of all rules and regulations which may be adopted in his office and in the office of the Borough Clerk.
No person shall occupy as owner 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 herein as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
No person shall maintain a permanent structure to which the public has access which does not conform to the provisions of the "New Jersey State Housing Code" established herein as the standard to be used for determining whether a permanent structure is safe, sanitary and fit for the general public.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine of not to exceed $1,250 or by imprisonment in the County Jail for a period not to exceed 90 days, or by both such fine and imprisonment. Each violation of any of the provisions of this section and each day and the same is violated shall be deemed and taken to be a separate and distinct offense.
[Adopted by Ord. No. 89; amended 11-12-1996 by Ord. No. 89-1; 2-9-2004 by Ord. 89-2]
No person shall sell, transfer, assign, rent, lease or sublet to another, or suffer or permit any change in occupancy of use of any building or a part thereof, without first obtaining from the Housing Inspector a Certificate of Occupancy stating that, at the time of the proposed sale transfer, assignment, rental, lease or subletting by such other persons, the premises comply with all ordinances of the Borough of Roosevelt.
[Ord. No. 16-006 § 1]
All applications for a Certificate of Occupancy shall be obtained by contacting the Housing Inspector. A charge of $100 to cover the cost in connection with such application and one inspection, shall be paid to the Borough of Roosevelt at the time the application is filed. Additionally, there shall be paid a filing fee of $15.
Any and all reinspections shall be at a charge of $10 each.
The Certificate of Occupancy shall be granted or denied by the Housing Inspector within 10 days from the date of application for same.
The waiver of the aforesaid inspection and Certificate of Occupancy requirement may be granted by the Housing Inspector, upon written application to said officer, if the building or part thereof was previously inspected within six months of the proposed change in occupancy of such building or part thereof, or where it is certified to the Housing Inspector that the premises are being purchased for purposes of demolition and that the buildings thereon will be demolished within 60 days from the date of closing.
When there is a transfer of title, and it is certified to the Housing Inspector of the Borough of Roosevelt that the required repairs or alterations will be completed by the purchaser within 90 days, and that the burden of compliance with this section shall be that of the purchaser, as stipulated by the purchaser in said certification, a Certificate of Occupancy shall be issued.
Failure to correct the said repairs or alterations within 90 days shall constitute a violation of this section.
Buildings used for human habitation shall be required to meet the provisions of the "State Housing Code" as it shall be amended from time to time.
A copy of this section shall be included in each tax search provided by the appropriate tax official, and said enclosure shall act as notice to any and all purchasers of property in the Borough of Roosevelt.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine of not more than $1,250 nor less than $100. Said notice of violations shall be issued by the Housing Inspector, Zoning Officer or Borough Clerk.
[Adopted 6-9-1997 by Ord. No. 182]
Every owner of residential rental property to which this section is applicable shall apply to the Mayor and Council for a license to rent the property for residential purposes. Any such license shall be valid for a period of one year from the date of issuance.
Any property owner who intends to convert the property to use as residential rental property shall obtain a license to rent the property for residential purposes prior to commencing such rental.
All properties subject to licensure as residential rental properties shall be subject to inspection at least once every year by the Housing Inspector in order to ensure compliance with maintenance standards established by ordinance.
[Ord. No. 16-006 § 2]
Each license application shall be accompanied by a filing fee in the amount of $100.
The Mayor and Council may deny the issuance of a license, or revoke or suspend a license that was previously issued, upon a finding that the owner has failed to abate Code violations cited by the Housing Inspector and to maintain the property in a manner conducive to the health, safety and welfare of the residents of the property and of the community.
Any person who shall lease any real property subject to this section, under either an oral or written lease, without having a license to do so shall be subject to a penalty not exceeding $1,250 and/or 60 days imprisonment for each violation. Each week or part thereof during which such unlicensed rental continues following service of the initial violation notice shall be deemed to be a separate violation.
This section shall be enforced by the Housing Inspector.
This section shall not apply to any multifamily housing project that is subject to regulation by any Federal or State agency, to housing that is provided to the occupant on a rent-free basis, or to housing occupied exclusively by a person who is an ancestor, descendant or sibling of the owner and any member(s) of that person's immediate family.
[Adopted 5-12-1997 by Ord. No. 77-1; New]
In the event that a dwelling that has been lawfully occupied for residential purposes in accordance with the ordinances of the Borough of Roosevelt is rendered uninhabitable by fire, flood, storm or other sudden and unexpected event, the legal owner(s) of such dwelling, or any other person acting as the authorized agent of said owner(s), shall have the option of applying for a permit authorizing the temporary use of a trailer for a period of 180 days or until such time as the damaged dwelling is rendered habitable, whichever is sooner.
Application for a trailer permit shall be made to the Borough Clerk. Application shall include the name, current address and telephone number of the applicant, the street address and/or lot and block of the property on which the trailer is to be placed, a statement either that the applicant is the owner of the property or is acting as the agent of the owner (in which case a written authorization from the owner shall be attached), and a statement as to the reason why the dwelling has become uninhabitable. The applicant shall also file an application for a construction permit with the Construction Official. Issuance of the permit shall be contingent upon the following determination being made.
Determination by the Housing Inspector: (i) that the dwelling is uninhabitable; (ii) that the condition of the dwelling is due to fire, flood, storm or some other sudden and unexpected condition, and not to any lack of proper maintenance; (iii) that use of a trailer at the location for residential purposes will not have any adverse impact upon the health, safety or welfare of the community or of any individual resident; and (iv) that the owner is, or will be, exercising reasonable efforts to return the dwelling to a habitable condition in a expeditious manner; and
Determination by the Construction Official that the trailer that is proposed to be used meets the requirements for the issuance of a construction permit for such structure established by the State Uniform Construction Code.
Any setback requirement established by the Zoning Ordinance of the Borough of Roosevelt shall be waived with respect to the placement of any such trailer, unless the Zoning Officer shall determine that enforcement of the setback requirement, or of the less restrictive setback requirement, is necessary for the protection of the safety or welfare of other persons living in the vicinity of the property or of the public generally.
Upon the expiration of 180 days, a person to whom a trailer permit has been issued may apply for an extension of the permit for no more than 60 days, subject to the conditions set forth in paragraph b above.
In the event that an application for a permit or an extension is denied by reason of a determination made by the Housing Inspector, the applicant may appeal the denial to the Governing Body by delivering a written appeal to the Borough Clerk within five calendar days of the applicant's receipt of the written denial. Receipt shall be deemed to occur upon personal delivery to the applicant at the address designated on the permit application or, if service is by regular mail, on the third day following the mailing of such notice to the address designated on the application. Any appeal shall be heard at the Borough Hall, at a time and date designated by the Governing Body, but in no event later than 10 calendar days following actual receipt by the Borough Clerk of the appeal. Any appeal of a denial based upon the determination made by the Construction Official may be appealed to the Monmouth County Construction Board of Appeals, in accordance with the requirements and procedures established by State Law.
Use of the trailer in contravention of Chapter 3, subsection 3-6.3a during the pendency of an application for a permit or of an appeal shall be deemed to be a violation of this section; provided, however, that the granting of a permit shall be deemed to be retroactive to the date on which any such trailer was placed upon the property and such violation shall, in such case, be deemed to have cured and any penalty that may have been assessed for such violation shall be waived.
Any person, firm or corporation, including without limitation any individual responsible for the actions of a firm or corporation, that is found guilty of any violation of this section shall be subject to a penalty of not more than $1,250 and/or imprisonment for a period not exceeding 90 days. Each day that the violation continues after notice to terminate the violation is given shall constitute a separate violation.
This section shall be enforced by the Housing Inspector.