[HISTORY: Adopted by the Township Committee of the Township
of Montague 7-26-94 as Ord. No. 94-3. Amendments noted where applicable.]
As used in this section:
A.
BUILDING — Any non-commercial building or structure or part
thereof, whether used for human habitation or otherwise, and includes
accessory buildings or structures, outhouses or appurtenances belonging
to a building or structure or usually enjoyed therewith.
B.
OWNER — The holder of the title in fee simple.
C.
PARTIES IN INTEREST — All individuals, associations or corporations
who have interests of record in a building or the land upon which
it is located, and any who are in actual possession thereof.
D.
PUBLIC AUTHORITY — The Building Inspector, Construction Official,
the Township Health Officer or any members of the Township Committee
including the Mayor.
E.
CONSTRUCTION OFFICIAL — The person appointed pursuant to Section 32-1A of the Code of the Township of Montague establishing a State Uniform Construction Code enforcing agency, his appointed deputy or the person designated by him, in writing to act as his representative.
F.
DWELLING UNIT — A building or portion thereof used for living
purposes.
G.
PERSON — Includes individuals, corporations, companies, associations,
societies, firms, partnerships, groups or persons or any combination
thereof.
No person shall rent, lease or allow any person to live in or
inhabit any dwelling unit. Unless such a person shall first obtain
from the Construction Official or his designated authorized representative
a certificate of fitness for occupancy certifying that the dwelling
unit is fit for human occupancy. A certificate of fitness for occupancy
shall be required by every apartment that becomes vacant.
The Township Construction Official or his designated authorized
representative is hereby designated as the public officer to exercise
the powers hereinafter prescribed by this section.
The Construction Official shall have such powers as may be necessary
to carry out the intent and purpose of this chapter, including but
not limited to the following enumerated powers;
A.
To investigate the dwelling conditions of the Township of Montague
in order to determine which dwelling units are unfit for human habitation.
B.
To enter into lands and premises at reasonable times for the purpose
of making inspections incidental to his duties.
C.
To delegate any of his functions and powers as may be necessary to
carry out same.
A.
Upon the filing of a petition with the Construction Official by a
public authority or by at least five residents of the township charging
that any building is unfit for human habitation or occupancy or use,
or whenever it appears to the Construction Official on his own motion
that any building is unfit for human habitation or occupancy or use,
the Construction Official shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of and parties in interest in such building a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before the Construction Official at a place therein
fixed not less than 10 days nor more than 30 days after the service
of the complaint. The owner or parties in interest shall have the
right to file an answer to the complaint and appear in person, or
otherwise and give testimony at the time and place fixed in the complaint;
and the rules of evidence prevailing in the courts shall not be controlling
in hearing before the Construction Official.
B.
Any complaint or order issued by the Construction Official pursuant
to this section shall be served upon the owner and parties in interest
either personally or by registered mail, but if the whereabouts of
any such owner or party in interest is unknown and the same cannot
be ascertained by the Construction Official in the exercise of reasonable
diligence, and the Construction Official shall make an affidavit to
that effect, then the service of any such complaint or order may be
made by publishing the same once each week for two successive weeks
in a newspaper printed and published in the township, or, in the absence
of such newspaper in one printed and published in Sussex County and
circulating in the township. A copy of such complaint or order shall
be posted in a conspicuous place on the premises affected by the complaint
or order. A copy of such complaint or order shall be duly recorded
or lodged.
If, after such notice and hearing, the Construction Official
determines that the dwelling unit is not fit for human occupancy then
the Construction Official may order the dwelling unit or any portion
thereof be removed or demolished. The Construction Official may then
order the sale of the materials of such dwelling unit or any portion
thereof, and the proceeds thereof shall be credited against the cost
of the removal or demolition. If there are no such credits or if the
sum total of such cost exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Township Tax Assessor or other custodian of the record of
tax liens and with the Township Tax Collector, and a copy thereof
shall be forthwith forwarded to the owner by registered mail. If the
total of such credits exceeds such costs, the balance remaining shall
be deposited in the Superior Court by the Construction Official, shall
be secured in such manner as may be directed by the Court, and shall
be disbursed according to its order or judgment. Nothing in this subsection
shall be construed to impair or limit in any way the power of the
Township to define and declare nuisances and to cause their removal
or abatement by summary proceedings or otherwise.
The Construction Official may determine that a building is unfit
for human habitation or occupancy or use if he finds that conditions
exist in such building which are dangerous or injurious to the health
or safety of the occupants of such building, the occupants of neighboring
buildings or other township residents. Such conditions may include
the following, without limiting the generality of the adequate ventilation,
light or sanitary facilities, dilapidation; disrepair; structural
defects; uncleanliness.
[Amended 3-13-01 by Ord. No. 2001-12]
A.
A certificate of fitness for occupancy shall be required by every
dwelling unit apartment that becomes vacant. The certificate of fitness
for occupancy to be obtained upon application from the office of the
Construction Official of the Township of Montague and for which a
fee of $30 shall be charged. No person or persons may occupy any dwelling
unit for which a certificate has not been issued by the office of
the Construction Official of the Township of Montague.
B.
In addition, a certificate of fitness shall be obtained on an annual
basis for each and every residential rental property, even if there
is no change in the occupancy of such unit or dwelling space. The
fee for such a certificate of fitness shall be $30 per year per each
unit of dwelling space. Such certificate of fitness, or temporary
certificate of fitness shall be granted or denied within 30 days from
the date written application therefor has been received by the Construction
Official.
The use or occupancy of any building, structure or improvement
thereof before the issuance of a certificate of fitness shall be a
violation of this section.
Violation of any federal, state, county or municipal statutes,
codes, rules and regulations or noncompliance therewith, shall be
the grounds for denial of a certificate of fitness for occupancy.
The provisions of this chapter shall not apply to hotels or
motels which are generally occupied by tenants or guests for less
than 30 successive days, those units regulated by the Department of
Community Affairs of the State of New Jersey and those dwelling units
which are not intended to be occupied.
[Amended 3-13-01 by Ord. No. 2001-12]
The following fees shall be paid upon application for any certificate
pursuant to this chapter:
A.
For each dwelling unit:
(1)
Certificate of fitness for occupancy and initial inspection: $30.
(2)
Annual certificate of fitness and inspection: $30.
(3)
There shall be no fee for a reinspection of a failed unit for the
second inspection. However, if the unit fails again there shall be
an inspection fee of $30 for each required inspection thereafter.
Any person, entity, firm, partnership, or corporation who shall
violate any of the provisions of this chapter or shall fail to comply
with the provisions of this chapter shall, upon conviction in a Court
of Competent Jurisdiction, be subject to a fine of not less than $50
and not more than $500 or to imprisonment of not more than 30 days,
or both. Each day that a violation of this chapter exists and continues
shall be deemed a separate and distinct violation of the chapter.
All sections or parts of this chapter inconsistent herewith
are hereby repealed to inconsistencies only.
In the event that there is a conflict in the provisions of the
code of the Township of Montague and the codes, rules and regulations
and statutes of the State of New Jersey, the higher standards for
the protection of health, safety and welfare shall prevail.
