A.
B.
Application. This chapter shall apply to the repair, maintenance,
occupancy and use of all rentals, resales, and multiple dwellings
in Plainsboro Township. It shall not supersede other codes and regulations
of the Township.
C.
Interpretation.
(1)
This chapter shall be liberally interpreted to secure the beneficial
purposes thereof.
(2)
Any conflict or inconsistency between the requirements of these regulations
and applicable local, state and federal laws and regulations shall
be resolved in favor of the more restrictive requirements.
(3)
Whenever any standard or code is referred to in this chapter, the
most recent edition of such shall be deemed to be incorporated herein
by reference, notwithstanding the fact that such edition may have
been published subsequent to enactment of this chapter in which the
reference to such standard or code is contained.
(4)
The local enforcing agency, as the term is defined in N.J.A.C. 5:18-1.5,
is authorized to enforce provisions of the Uniform Fire Safety Act,
N.J.S.A. 52:27D-192 et seq. and the Uniform Fire Code, N.J.A.C. 5:18,
applicable to multiple dwellings. Code Officials, as defined by this
chapter and licensed as fire inspectors, shall act as agents of the
local enforcing agency inspecting non-life-hazard uses in multiple
dwellings.
D.
Force and effect of regulations. This chapter shall be administered
and enforced by the Plainsboro Code Enforcement Department, Housing
Division.
E.
Matters covered. The provisions of this chapter shall cover all matters
affecting or relating to single- and two-family residences, individual
dwelling units either listed for resale or rental, and shall extend
to their appurtenant constructions, together with all surface and
subsurface construction.
A.
Right of entry.
(1)
The Code Official is authorized and directed to inspect all dwellings
or dwelling units which are offered for rent or resale to determine
the condition of dwellings or dwelling units and to safeguard the
health and safety of the occupants and the general public. The Code
Official is authorized to enter, examine and survey the premises on
reasonable notice at all reasonable times for the purpose of making
inspections. The owner, occupant or person in charge thereof shall
give these officials free access to such dwellings on reasonable notice
at all reasonable times for the purpose of such inspection, examination
and survey.
(2)
Every occupant of a rental dwelling or dwelling unit shall give the
owner or his/her agent access to any part of the dwelling or dwelling
unit, on reasonable notice at all reasonable times, for the purpose
of making repairs or alterations necessary to comply with this chapter
or with any lawful order issued pursuant to the provisions of this
chapter or the statutes of the State of New Jersey.
B.
Rental multiple dwellings.
(1)
Rental. The Code Official shall inspect every unit prior to reoccupancy.
All inspections and reinspections shall take place within 10 business
days of the requested inspection. Inspection fees shall be paid prior
to the inspection or through escrow accounts. It shall be the responsibility
of the owner or managing agent to maintain an adequate escrow balance
to cover all requested inspections and reinspections. No inspections
shall take place unless adequate funds are available.
C.
Rental single- and two-family units. The Code Official shall inspect
every rental unit in the Township prior to reoccupancy. All inspections
and reinspections shall be completed within 10 business days of the
receipt of the application and fee or request for reinspection. Scheduled
inspections will be canceled unless the completed application and
required fees have been received by the Housing Division at least
24 hours prior to the scheduled inspection or on the last business
day prior to the scheduled inspection.
D.
Resale. The Code Official, prior to the finalization of the sale,
shall inspect every single-family dwelling, two-family dwelling, condominium
and townhouse sold. All inspections and reinspections shall be completed
within 10 business days of the receipt of the application and fee
or request for reinspection. Scheduled inspections will be canceled
unless the completed application and required fees have been received
by the Housing Division at least 24 hours prior to the scheduled inspection
or on the last business day prior to the scheduled inspection.
E.
Requested inspections. The tenant or owner may request general inspections
of rental units at any time. All inspections and/or reinspections
shall be completed within 10 business days of the request for inspection.
The tenant, owner or owner's agent requesting the inspection
shall be responsible for submitting an application and paying the
required fee or fees.
F.
Housing certificate of occupancy.
(1)
The Code Official, upon satisfactory inspection of a dwelling or
dwelling unit, shall issue a housing certificate of occupancy.
(2)
Every rental dwelling or dwelling unit shall be required to have
a housing certificate of occupancy issued prior to the reoccupancy
of such unit. The owner or his agent shall apply for a new certificate,
paying the required fee.
(a)
The Code Official may, at his/her sole discretion, allow occupancy
prior to the issuance of the housing certificate of occupancy for
the following reasons:
[1]
Minor violations of the housing ordinance. Minor violations
shall not include any violation related to the inadequacy of any fire
protections system, unsafe structural conditions or the locking, blocking
or disrepair of a means of egress.
[2]
Absence of documentation required by this chapter that is not
a fire or life safety system. Owner, manager or owner's agent(s)
not providing required documentation within time designated by the
Code Official, and which shall not exceed 30 days, shall be subject
to penalties in accordance with this chapter.
(3)
Every dwelling or dwelling unit sold shall be required to have a
housing certificate of occupancy issued prior to the finalization
of a sale, unless this requirement is waived, in writing, by the Code
Official pursuant to this chapter. The seller or his/her agent shall
apply for an inspection, paying the required fee. The housing certificate
of occupancy will be issued upon the satisfactory completion of an
inspection or as otherwise specified in this chapter. A housing certificate
of occupancy issued for a dwelling or dwelling unit sold shall be
valid for a period of 90 days.
(4)
The Code Official may waive the housing certificate of occupancy
required for dwellings or dwelling units sold under the following
conditions:
(a)
Transfer of ownership between spouses.
(b)
Transfer of ownership between former spouses ordered as a result
of a judicial decree of divorce, not including sales to third parties.
(c)
Transfer of ownership between family members as a result of
inheritance or through an executor's deed.
(d)
Transfer of ownership through an order of the Superior Court.
(5)
Buyer's acceptance agreement.
(a)
The purchaser of a dwelling or dwelling unit may accept responsibility
for outstanding repairs or construction permits under the following
conditions:
[1]
The agreement is in writing on forms provided by the Township.
[2]
The agreement is signed by the buyer(s) or legal representative
and the Code Official.
[3]
The repairs or outstanding permit issues are not substantial
and do not affect the health, safety or general welfare of the occupant
or general public.
[4]
The buyer agrees to pay all required fee(s) and schedule any
required inspections or reinspections by either the Housing or Building
Division(s).
[5]
The buyer acknowledges that if, at the end of the period set
for corrections of violations, such corrections have not been made
to the satisfaction of the Code Official or construction official,
the buyer shall be liable for any penalties assessed.
(b)
The buyer agrees to complete all provisions of the buyer's
acceptance agreement within a reasonable time as provided for in the
agreement; the period shall not exceed six months. If extenuating
circumstances provide sufficient cause, the Code Official may, at
his/her discretion, grant an extension period not to exceed six months.
A.
Multiple dwellings, one- and two-family rental units. All buildings and parts thereof shall be maintained as required by this chapter; the Uniform Fire Safety Act; the Uniform Fire Code; N.J.A.C. 5:18; the Township Property Maintenance Code, Chapter 75A; and by the Township Nuisance Code at Chapter 73.
B.
Violation and/or complaint reporting.
(1)
Any person may report a violation of this chapter to the Code Official.
The Code Official shall inspect the violation within 10 business days
of the report. If the violation constitutes an imminent danger to
life and/or public safety, the Code Official shall inspect the violation
within 24 hours of the report.
(2)
Whenever the Code Official determines that a violation of this chapter
exists, a complaint notice shall be served upon the owner of record/tenant.
Such notice shall be in writing, contain the section(s) and/or paragraph(s)
of the code violated and specify the date by which the violation must
be corrected or abated.
(3)
The time limit to abate the violation shall be at the discretion
of the Code Official but shall not exceed 60 days.
(4)
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
(a)
Personal service. Notice shall be served personally on the owner
or tenant of the dwelling or common area where the violation occurred.
(b)
Service by mail, either first class, certified or electronic
mail with read receipt.
(c)
Service by posting notice. The Public Officer may effect service
by posting a copy of the notice on the building or premises.
(d)
Service by other methods. Notice may be served by any other
method authorized under the laws of the State of New Jersey.
C.
Codes cited. Where other codes or standards are referenced in this
chapter, unless otherwise noted, the most recent adopted code or standard
shall be used.
