[HISTORY: Adopted by the Township Council of the Township of Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-1994 as § 12-7 of the 1994 Code]
[Amended 7-14-2004 by Ord. No. 2004-13]
The 2003 International Property Maintenance Code, as published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the Township of Springfield. Each and all of the regulations, provisions, penalties, conditions and terms of such code are hereby adopted by reference as if fully set out in this section, with the additions, insertions, deletions and changes, if any, hereinafter set forth.
No person shall occupy as owner, 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 code adopted pursuant to § 150-1, above, established as a standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
No person shall rent or sell to another for occupancy any dwelling or dwelling unit for the purpose of living therein without first having had the premises inspected by the Construction Code Official. Any person proposing to rent or sell such premises shall submit a written request to the Construction Code Official setting forth the location of the premises to be rented or sold, the date upon which occupancy is to be taken of the premises by the prospective tenants or owners, and the name of such person to whom he or she intends to rent or sell the premises. The Construction Code Official, within seven days after receipt of a completed application, payment of the appropriate fee, a heating system certification and a chimney certification shall make an inspection of the premises. The Construction Code Official shall make a written report of his/her inspection and shall give a copy thereof to the owner of the premises, to the person who proposes to rent or buy the premises, and to the Township Clerk who shall retain a copy for his or her records. The inspection may be conducted by the Construction Code Official or his or her designee. No certificate of occupancy or a continuing certificate of occupancy will be issued if Township real estate taxes are due and owing.
[Amended 7-14-2004 by Ord. No. 2004-13; 12-12-2007 by Ord. No. 2007-11]
There shall be an inspection fee, as set forth in Chapter 91, Fees, § 91-7, for each rental and/or sale inspection. There shall be a reinspection fee, as set forth in § 91-7, for each reinspection required because either the premises were not ready or available at the time the inspection was scheduled or for inspection of corrections of previously noted violations.
[Amended 7-14-2004 by Ord. No. 2004-13]
In the event the Construction Code Official determines, as a result of the inspection, that the premises are unfit for human habitation, and the owner rents or sells the property without taking the necessary corrective measures, or the person to whom the property is to be rented or sold actually enters into occupancy of the premises, the owner and occupant shall be subject to the penalties set forth in Chapter 1, General Provisions, Article III, Enforcement and Penalties.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
This article is adopted pursuant to the authority granted by N.J.S.A. 40:48-2.13 and 40:48-2.14.
In the event that the Construction Code Official or his designated agent finds that it is necessary and expedient for the preservation of the public health, safety or general welfare, or to eliminate a fire hazard, to remove from any lands situate in the Township of Springfield or destroy thereon any brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the Construction Code Official or his designated agent is hereby authorized and directed to notify, in writing, the owner and, if occupied by a tenant, the tenant or tenants thereof, to remove or destroy the same. The notice shall contain a copy of this article. If the owner or tenant does not remove or destroy the same within 10 days after written notice from the Construction Code Official, the Construction Code Official is hereby authorized and directed to cause the offending material to be removed or destroyed.
Any owner or tenant affected by an order of the Construction Code Official hereunder shall have the right, within the ten-day notification period, to file an appeal from the order of the Construction Code Official to the Township Manager. The appeal shall be in writing and the Township Manager shall set the matter down for hearing in a summary manner. The Township Manager shall have the authority to affirm, deny or modify the order of the Construction Code Official. The decision of the Township Manager shall be in writing and, if action by the owner or tenant is required thereby, the Township Manager shall furnish the owner or tenant an additional period of time up to a maximum of 10 days to comply. Failure of the owner or tenant to comply within said period shall authorize the Construction Code Official to move forthwith in accord with the terms of this article.
In the event that any of the aforementioned are removed or destroyed by the Township of Springfield, the Construction Code Official shall certify the costs thereof to the governing body, which shall review the cost and if found correct, shall cause the cost as shown thereon to be charged as a lien against said lands.
The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon said lands and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.