[Ord. No. 77-2 § 1; Ord. No. 92-13; Ord. No.
95-2 § 1; Ord. No. 99-10; Ord. No. 2001-14; Ord. No. 2003-12 §§ 1, 2; Ord. No. 2015-10 § 1]
a.
The Borough of Elmer hereby relinquishes its jurisdiction of the
administration and enforcement of the Uniform Construction Code to
the Township of Pittsgrove, County of Salem, State of New Jersey pursuant
to a certain Shared Services Agreement dated January 1, 2005.
[Ord. No. 94-5 § 1; Ord. No. 2015-10 § 2]
The intention of this section is to promote the health, safety
and welfare of the residents of the Borough of Elmer by enforcing
the New Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., and the
International Property Maintenance Code, 2012, and as subsequently
amended and revised.
[Ord. No. 94-5 § 2]
As used in this section:
Shall mean a structure or portion of a structure containing
a room or space, or group of rooms or spaces, combined to provide
working or living facilities for one or more persons. This shall include
but shall not be limited to single-family dwellings, multiple-family
dwellings, office buildings, and all appurtenant structures. Excluded
from this definition are hospitals, restaurants, manufacturing plants,
factories, or government owned buildings.
Shall mean the individual or individuals whose name appears
as buyer on a deed of record.
Shall mean a person or persons, other than the owner of the
building or his immediate family, who occupy the structure.
[Ord. No. 94-5 § 3;
New; Ord. No. 2015-10 § 3]
The Borough shall designate the Housing Officer to exercise
the powers and duties prescribed by this section and he shall be known
as the Borough Housing Officer.
[Ord. No. 94-5 § 4; Ord. No. 2006-9 § 4]
The New Jersey State Housing Code as approved by the State Departments
and filed in the Secretary of State's Office is hereby accepted, adopted
and established as standards to be used as a guide in determining
the fitness of a building for human habitation, occupancy or use.
[Ord. No. 94-5 § 5; Ord. No. 2006-9 § 5]
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" and established hereby as the standards to be
used in determining whether a dwelling is safe, sanitary and fit for
human habitation.
[Ord. No. 94-5 § 6; Ord. No. 2017-4]
An inspection, in accordance with the provisions of this section,
shall be made at the following times:
a.
New construction — prior to occupancy.
b.
Change of title — prior to buyer occupying premises.
c.
Change of Use or change or addition of occupancy - prior to any person
occupying the premises upon change of use or persons who did not previously
occupy the premises when the existing Certificate of Occupancy was
issued.
d.
Rental properties — upon each change or addition of tenant/tenants
or annually, whichever event occurs first.
[Ord. No. 94-5 § 7; Ord. No. 2019-4]
Application to secure a certificate of occupancy shall be made
to the Borough Housing Officer upon an approved form, submitting all
required information, which forms can be acquired from the Borough
Clerk or the Housing Officer.
Upon the making of an application, the Borough Housing Officer shall arrange for an inspection of the building or appurtenant structure, if necessary, to determine that the condition of the building in question complies with the standards as set forth in Subsection 11-2.4. Individual subsurface sewer disposal systems are exempt from the inspection requirements of this section.
[Ord. No. 94-5 § 8; Ord. No. 2006-9 § 8]
The fees for activities and services performed by the department
in carrying out its responsibilities under this code shall be as indicated
in the following schedule: The Borough of Elmer shall be entitled
to receive a fifty ($50) dollar fee for the initial inspection and
for first reinspection. Any failed reinspection shall be a twenty-five
($25) dollar fee for each reinspection.
[Ord. No. 94-5 § 9]
By the making of the application, the applicant shall consent
to and give free access to such building to the Housing Officer for
the purpose of making examination of the premises and issuance of
the certificate.
[Ord. No. 94-5 § 10]
Upon completion of inspection, the Housing Officer shall give
notice to the applicant of any repairs or alterations of such building
which are necessary to effect compliance with the provisions of this
section. Such notice shall be in writing, setting forth the repairs
or alterations to be made and served upon the applicant or its agents.
[Ord. No. 94-5 § 11]
a.
Unconditional Certificate. An unconditional certificate of occupancy shall be issued by the Borough Housing Officer if, upon inspection, the building is found to be in compliance with those standards mentioned in Subsection 11-2.4.
b.
Conditional Certificate of Occupancy. A conditional certificate of occupancy shall be issued by the Borough Housing Officer if the building complies with the portion of those standards mentioned in Subsection 11-2.4 which affect the safety and welfare of the occupants but fails to meet non-safety-related standards. In the event a conditional certificate of occupancy is issued, the owner of the premises in question shall cause the building to be brought into compliance with the standards in question, and reinspection within a 30 day period.
[Ord. No. 94-5 § 12;
New]
[Ord. No. 2006-9 § 2; Ord. No. 2015-10 § 4]
a.
103.5 Fees. The fees for activities and services performed by the
department in carrying out its responsibilities under this code shall
be as indicated in the following schedule: The Borough of Elmer shall
be entitled to receive a fifty ($50) dollar fee for the initial inspection
and for first reinspection. Any failed reinspection shall be a twenty-five
($25) dollar fee for each reinspection.
b.
302.4 Weeds. All premises and exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches.
c.
304.14 Insect Screens. During the period from April 1 to December
1, every door, window and other outside opening required for ventilation
of habitable rooms, food preparation areas, food service areas or
any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall
be supplied with approved tightly fitting screens of not less than
16 mesh per inch (16 mesh per 25 mm), and every door used for insect
control shall have a self-closing device in good working order.
d.
602.3 Heat Supply. Every owner and operator of any building who rents,
leases or lets one or more dwelling units on terms, either expressed
or implied, to furnish heat during the period from October 1 to May
15 to maintain a temperature of not less than 68º (20ºC)
in all habitable rooms, bathrooms, and toilet rooms.
e.
602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall
be supplied with heat during the period from October 1 to May 15 to
maintain a temperature of not less than 65º (18ºC) during
the period the spaces are occupied.
[Ord. No. 92-9 § 4;
New]
Pursuant to the provisions of N.J.S.A. 52:27d-192, et seq., the Commissioner of the Department of Community Affairs has promulgated regulations/requirements for the installation of smoke detectors which regulations/requirements are set forth in N.J.A.C. 5:70-4.19 and that document entitled "Requirements for the Installation of Smoke Detectors in One/Two Family Dwellings in Accordance with N.J.A.C. 5:70-4.19," which regulations/requirements are hereby accepted, adopted and established as standards to be used as a guide for the installation of smoke detectors in one- and two- family dwellings. The New Jersey State Housing Code, as promulgated in N.J.A.C. 5:28-1 et seq., the International Property Maintenance Code, as adopted by Chapter 10, Property Maintenance, and requirements for the installation of Smoke Detectors in One/Two Family Dwellings in accordance with N.J.A.C. 5:70-4.19 shall be enforced by the Borough.
[Ord. No. 2000-6 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any person designated by the record owner as being
authorized to perform any duty imposed upon the record owner by this
section. The term does not necessarily mean a licensed real estate
broker or salesman of the State of New Jersey as those terms are defined
by N.J.S.A. 45:15-3; however, such term may include a licensed real
estate broker or salesman of the State of New Jersey if such person
designated by the record owner as his agent is so licensed.
See N.J.S.A. 55:13B-3.
Shall mean money or anything of value.
See N.J.S.A. 55:13A-3.
See N.J.S.A. 55:13A-3.
See N.J.S.A. 55:13A-3.
Shall mean any individual, partnership, limited partnership,
corporation, limited liability company, trust, estate or other entity,
or combination thereof.
Shall mean any person who holds record or other legal title
ownership of land upon which a rental unit is located.
Shall mean each and every individual, house, building or
structure, or any separate apartment, unit, room or other space within
any of the foregoing, which is rented, leased, provided or otherwise
made available for residential living, dwelling or sleeping space,
by or through its owner, for consideration. For example, if a single-family
house is leased to a tenant, the house is the rental unit. If a person
owns a duplex which is leased out to tenants, each side or section
is a separate rental unit, and the owner must obtain two rental unit
licenses. Each apartment in an apartment complex is a separate rental
unit. If a person owns a bed and breakfast, guest house or similar
facility where the owner lives in the structure and provides other
rooms therein which do not have a separate entrance/exit to the outside
of the structure for rent, the structure is considered the rental
unit, and only one license need be obtained. In a hotel, motel or
rooming or boarding house, registered with the State, the structure
or structures containing the unit or units is the rental unit, and
only one license need be obtained. In a multiple dwelling, each unit
therein is considered a rental unit.
Shall mean the land, specifically the tax lot and street
address, upon which a rental unit is situated.
See N.J.S.A. 55:13B-3.
[Ord. No. 2000-6 § 2; Ord. No. 2017-4 § 2]
No person shall rent, lease, provide or make available any rental
unit to any person unless and until that rental unit is registered
with the Borough in accordance with this section.
[Ord. No. 2000-6 § 3; Ord. No. 2017-4 § 3]
The record owner, or authorized agent of the record owner, of
every rental unit shall register each rental unit as follows:
a.
The initial registration for existing rental units shall be filed
on or before June 15, 2000.
b.
Thereafter, a new application for each existing rental unit shall
be filed by the 15th day of January in each year.
c.
Following June 15, 2000, the record owner, or authorized agent for
the record owner, shall register each rental unit no later than the
time of occupancy by the first tenant in any newly constructed, reconstructed
or other newly created rental unit.
d.
Upon the change of record of ownership of a rental unit premises,
the new record owner shall make registration for any rental unit.
[Ord. No. 2000-6 § 4]
[Ord. No. 2000-6 § 5; Ord. No. 2007-2; Ord. No.
2017-4 § 4; amended 7-8-2020 by Ord. No. 2020-8]
a.
No rental unit may be leased, rented or occupied until the record
owner of the Borough rental unit files or causes to be filed a registration
certificate on forms provided by the Borough with the Borough Housing
Officer for the rental unit, which shall include the following information:
1.
The name and address of the record owner or owners of the rental
unit premises and the record owner or owners of the rental business
if not the same persons. In the case of a partnership, the names and
addresses of all general partners shall be provided together with
the telephone numbers for each such individual indicating where such
individual may be reached both during the day and evening hours. If
the record owner is a corporation, the name and address of the registered
agent and corporate officers of said corporation shall be provided,
together with the telephone numbers for each such individual indicating
where such individual may be reached both during the day and evening
hours.
2.
If the address of any record owner is not located in Salem County,
the name and address of a person who resides in Salem County and who
is authorized to accept notices from a tenant and to issue receipts
therefor and to accept service of process on behalf of the record
owner.
3.
The name and address of the agent of the rental unit premises, if
any.
4.
The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian or other individual employed by
the owner or agent to provide regular maintenance service, if any.
5.
The name, address and telephone number of an individual representative
of the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the rental unit, including
such emergencies as the failure of any essential service or system,
and who has the authority to make emergency decisions concerning the
rental unit premises and any repair thereto or expenditure in connection
therewith.
6.
A specification of the exact number of sleeping rooms contained in
the rental unit.
7.
The number and names of all tenants authorized to occupy the rental
unit if the same is then currently occupied.
8.
Such other information as may be required by N.J.S.A. 46:8-28, as
amended or supplemented, so that the registration certificate contains
all information required to be disclosed thereby.
9.
Such other information as may be prescribed by the Borough Housing
Office.
b.
Every person required to file a registration certificate pursuant
to this section shall file an amended registration certificate within
20 days after any change in the information required to be included
thereon. No fee shall be required for the filing of an amendment to
the registration certificate. However, an amendment for the sole reason
that tenancy in a rental unit has changed shall not be applicable
to rental units that are motels, hotels, bed and breakfasts or rooming
or boarding houses:
c.
Every landlord shall provide the occupant or tenant occupying a rental
unit with a copy of the registration certificate required by this
section. If there is an amended certificate, if filed, the landlord
shall furnish each occupant or tenant with a copy of the amended certificate
within seven days of the filing thereof. This particular provision
shall not apply to any multiple dwelling, hotel, motel or rooming
or boarding house registered with the State of New Jersey. This provision
may be complied with by posting a copy of the registration certificate
in a conspicuous place within the rental unit.
d.
The Borough Housing Officer (as the designee of the Borough Clerk)
shall index and file the registration certificate in a manner consistent
with the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented,
so that the filing of the registration certificate will simultaneously
satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent
that it applies to the property being registered and will also satisfy
the registration requirements of this section.
e.
No rental unit shall be rented, leased or occupied unless:
1.
The rental unit has been inspected and a certificate to occupy has been issued for the rental unit by the Housing Officer, in accordance with § 11-2, Housing Standards, and this section.
2.
The prohibitions as contained in this subsection do not apply if
the rental unit is a hotel, motel or rooming or boarding house, registered
with the State of New Jersey, the rental unit has been inspected by
the State and a validated certificate of registration for the rental
unit has been issued by the State.
f.
Registration Fee. Fee of $30 annually.
g.
Late Registration Fee. A late fee of $30 shall be submitted with the registration fee for every registration application submitted 30 days after the due date specified in § 11-5.3 herein.
[Added 9-11-2019 by Ord.
No. 2019-6[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
g as Subsection h.
h.
No rental unit certificate shall be issued unless the real estate
taxes, water charges and/or other municipal assessments or charges
due to the Borough associated with the rental unit premises are paid
current.
[Ord. No. 2000-6 § 6]
a.
In addition to any other penalty prescribed herein, a rental unit
registration filed under this section may be subject to the revocation
or suspension of the registration approved hereunder upon the happening
of one or more of the following:
1.
A finding that there was any misstatement of material fact in the
registration certificate.
2.
The occurrence of any fact which, had it occurred and been known
before filing of the registration, would have resulted in the denial
of the application.
3.
Repeated violations, or prolonged failure to correct any violation, of any applicable building, housing, health or safety code or regulations, and/or failure to submit the registration fee in the time and manner required by §11-5.3 herein.
[Amended 9-11-2019 by Ord. No. 2019-6]
4.
Refusal to allow access to any portion of the rental premises at
all reasonable times, with or without advance notice, in order that
officers or agents of the Borough, or any official charged with enforcement
of any building, housing, health or safety code or regulations applicable
to the rental unit premises, may determine compliance with such codes
or regulations.
5.
Revocation by the Department of Community Affairs of the operator's
license or other authorization to operate, if the rental unit is a
hotel, multiple dwelling or rooming or boarding house regulated by
the State of New Jersey.
6.
Notification by the Department of Community Affairs that the rental
unit premises is not, or is no longer, suitable for operation, if
the rental unit is a hotel, multiple dwelling, or rooming or boarding
house regulated by the State of New Jersey.
7.
Failure or refusal to comply with any lawful regulation or order
of the Borough.
8.
Conviction of a violation of this chapter in the municipal court
or any other court of competent jurisdiction.
b.
Procedure; Complaints; Hearings.
1.
A complaint seeking the revocation or suspension of a registration
may be filed by any person interested in the matter, or initiated
directly by the Housing Officer. In the event that the complaint is
initiated by a person other than the Housing Officer, the complaint
shall be referred to the Housing Officer, who shall promptly review
and investigate the matter. In the event that the Housing Officer's
investigation indicates that there is not sufficient evidence or probable
cause to justify further proceedings, the Housing Officer shall notify
the complainant of such conclusion and the reasons therefor in writing,
and the matter shall be concluded. In the event that the complaint
is initiated directly by the Housing Officer, or in the event that
a third party complaint is investigated and the Housing Officer determines
that sufficient evidence or probable cause exists, and therefor further
proceedings are warranted, the Housing Officer shall file the complaint
with the Municipal Court Clerk on notice to the Borough Clerk.
2.
Upon filing of such complaint with the Court Clerk, the Borough Council
shall be immediately informed, and a date for a hearing shall be scheduled
in accordance with the policies and procedures of the Municipal Court.
3.
A failure to notify the Borough Clerk or Borough Council in accordance
with this section shall not be a defense to a violation of this section
nor grounds for dismissal of the complaint.
[Ord. No. 2000-6 § 8;
New]
[Ord. No. 2000-6 § 9]
The Housing Officer shall perform an annual review of the process
regulated by this section. A written report shall be submitted to
the Borough Council which shall include, but not be limited to, the
following information:
