[Adopted 4-3-2006 by Ord. No. 2006-5]
[Amended 11-30-2020 by Ord. No. 2020-30]
A.
Property Maintenance Code. The International Property Maintenance
Code 2000, together with all amendments, supplements, revisions and
updates, as the same are approved and published every three years
by the International Code Council, be and is hereby adopted as the
Property Maintenance Code of the Borough of South River in the State
of New Jersey for the control of all buildings, structures and properties,
both residential and commercial, which are located within the Borough
of South River, and a copy of the International Property Maintenance
Code 2000 shall be on file in the office of the Borough Clerk of the
Borough of South River.
B.
Hotel and Multiple Dwelling Law. The Hotel and Multiple Dwelling
Law, N.J.S.A. 55:13A-1 et seq. and N.J.A.C. 5:10-1 et seq., is hereby
adopted and incorporated herein, for the maintenance and control of
all hotel and multiple dwellings as defined by the Hotel and Multiple
Dwelling Law, and a copy of said documents shall be on file in the
office of the Borough Clerk of the Borough of South River.
C.
Uniform Fire Code. The Uniform Fire Safety Act, N.J.S.A. 52:27D-192
et seq. and N.J.A.C. 5:18-1 et seq.,[1] is hereby adopted and incorporated herein for the purpose
of establishing a system for the enforcement of minimum fire standards
for all buildings and structures located within the Borough of South
River.
[1]
Editor's Note: See now N.J..A.C. 5:70-1.1 et seq. of the Uniform
Fire Code.
A.
Every owner of any building or structure, other than owner-occupied
single-family, which comes under the provisions of this article, shall,
within 30 days of the enactment of this article, file with the Borough
of South River a written registration statement (hereinafter referred
to as an "owner registration statement") upon a form designated by
the Borough Clerk and made available to the public; said form shall
contain the following information:
(1)
The names and addresses of the owners in title of the property.
(2)
If the record owner is a corporation, the names of the register agent
that will accept all legal notices on behalf of the corporation.
(3)
If the owner is an entity other than an individual, the name and
address of each partner and/or owner or person having a beneficiary
interest. In the case of a corporation, the names and addresses of
each stockholder if the total number of stockholders is 20 or fewer.
In the event, with regard to corporate ownership, the registry shall
disclose the names and addresses of any stockholder who either owns
directly or beneficially 10% of the stock of the corporation.
(4)
The names, address and telephone number of the managing agent of
the premises, if any.
(5)
The names, address and telephone number, including the dwelling unit,
apartment or room number, of the superintendent, janitor, custodian
or other individual employed by the record owner or managing agent
to provide regular maintenance service, if applicable.
(6)
The name, address and telephone number of an individual or representative
of the record owner or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
property or any unit or dwelling or commercial space therein, who
has authority to make emergency decisions concerning the building
or property and any repair thereto or expenditure in connection therewith.[1]
[1]
Editor’s Note: Former Subsection A(7), regarding number
of units, which immediately followed, was repealed 3-12-2018 by Ord.
No. 2018-10.
B.
Said form
shall be obtained from and filed with the Borough Clerk.
[Amended 3-12-2018 by Ord. No. 2018-10; 8-24-2020 by Ord. No. 2020-18]
A.
Property Maintenance Code. The Borough of South River shall have
the right to conduct inspections on all structures that come within
this article. All inspections conducted pursuant to this article shall
be performed in accordance with the procedures set forth in the current
International Property Maintenance Code, with the exception that any
inspections conducted pursuant to the Uniform Fire Code[1] shall be performed in accordance with the provisions set
forth in the Uniform Fire Code and any inspections under the Hotel
and Multiple Dwelling Law[2] shall be performed in accordance with the Hotel and Multiple
Dwelling Law. The Borough of South River may at any time contract
with third-party agencies to conduct said inspections.
B.
Certificate of occupancy. No person, agency, corporation, partnership,
firm, company, owner, real estate agent, broker or any other individual
shall hereafter sell a newly constructed home or reconstruct a home
or business that cannot be occupied during construction without first
obtaining from the office of the Construction Official a certificate
of occupancy stating that, at the time of the proposed sale or reconstruction
by such person, the premises complies with all applicable ordinances
of the Borough of South River.
C.
Certificate of continuing occupancy. No person, agency, corporation,
partnership, firm, company, owner, real estate agent, broker or any
other individual shall hereafter sell an existing residential or commercial
property without first obtaining from the office of the Code Enforcement
Official a certificate of continuing occupancy stating that, at the
time of the proposed sale by such person, the premises complies with
all applicable ordinances of the Borough of South River.
D.
Rental certificate of occupancy. No person, agency, corporation,
partnership, firm, company, owner, real estate agent, broker or any
other individual shall hereafter rent, lease or sublet an existing
residential or commercial property without obtaining from the office
of the Code Enforcement Official an annual rental certificate of occupancy
stating that, at the time of the annual inspection, the premises complies
with all applicable ordinances of the Borough of South River.
E.
In the event the owner or lessor of a premises fails to correct a
nuisance, defect or other violation, following proper notice of same,
the Mayor and Council may adopt a resolution to abate said nuisance,
correct said defect or violation or put said premises in proper condition
in accordance with state laws and local ordinances, at the cost of
the owner or lessor. Pursuant to N.J.S.A. 40:48-2.12f, the cost expended
by the municipality for such purpose shall be charged to the owner
or lessor and shall become a lien against said premises as provided
by law.
[Amended 12-17-2007 by Ord. No. 2007-29; 12-14-2009 by Ord. No. 2009-50; 3-12-2018 by Ord. No. 2018-10; 8-24-2020 by Ord. No. 2020-18]
A.
Property Maintenance Code. All inspections conducted pursuant to
this article shall be performed in accordance with the procedures
set forth in the International Property Maintenance Code, with the
exception that any inspections conducted pursuant to the Uniform Fire
Safety Act shall be performed in accordance to said Act, and any inspections
pursuant to the Hotel and Multiple Dwelling Law shall be conducted
in accordance with procedures set forth therein.
B.
Certificate of occupancy. The Construction Official shall prepare appropriate application forms for a certificate of occupancy and shall make said forms available in the office of the Construction Official. These forms shall be requested and completed by the owner, agent, broker or other individual of such properties stated in § 258-25B, inspections arranged for and completed, and the certificate granted before any actual occupancy shall take place. The owner or his designee shall make application for an inspection under this section at least 10 business days prior to taking occupancy, and the certificate of occupancy inspection shall occur before occupancy is permitted. The Construction Official or his designee shall make an inspection and issue a certificate of occupancy if the building and property complies with the Building Code and the Property Maintenance Code of the Borough of South River. The certificate of occupancy shall be valid for a period of 60 days from the date of issue.
C.
Certificate of continuing occupancy. The Code Enforcement Official shall prepare appropriate application forms for a certificate of continuing occupancy and shall make said forms available in the office of the Code Enforcement Official. These forms shall be requested and completed by the owner, agent, broker or other individual of such properties stated in § 258-25C, inspections arranged for and completed, and the certificate granted before any actual change in occupancy shall take place. The owner or his designee shall make application for an inspection under this section at least 10 business days prior to any change in occupancy, and the certificate of continuing occupancy inspection shall occur before a change in occupancy is permitted. The Code Enforcement Official or his designee shall make an inspection and issue a certificate of continuing occupancy if the building and property complies with the Property Maintenance Code of the Borough of South River. The certificate of continuing occupancy shall be valid for a period of 60 days from the date of issue.
D.
Rental certificate of occupancy. The Construction Official shall
prepare appropriate application forms for a rental certificate of
occupancy and shall make said forms available in the office of the
Construction Official. These forms shall be requested and completed
by the owner, agent, broker or other individual of such rental properties,
inspections arranged for, completed and certificate granted annually.
The rental certificate of occupancy shall be valid for a period of
one year from the date of issue.
(1)
All existing leased, rented or sublet properties required to register pursuant to § 258-24 of this chapter shall, within 30 days of the enactment of this provision, request and complete rental certificate of occupancy forms by the owner, agent, broker or other individual of such rental properties and arrange the inspection. The Construction Official or his designee shall make an inspection and issue a rental certificate of leased occupancy, if the dwelling unit complies with the Property Maintenance Code of the Borough of South River.
(2)
In the event the premises is not rented, leased or sublet at the
time of the enactment of this provision, the owner, landlord, agent,
broker or other individual shall request and complete the rental certificate
of occupancy forms, arrange for the inspection, and obtain a rental
certificate of occupancy prior to any initial rental occupancy. The
landlord shall make an application for an inspection under this section
at least 10 business days prior to the creation of the tenancy, and
the rental certificate of occupancy inspection shall occur before
the tenancy is permitted. The Construction Official or his designee
shall make an inspection and issue a rental certificate of leased
occupancy, if the dwelling unit complies with the Property Maintenance
Code of the Borough of South River.
E.
Violations of the kind described within this chapter must be corrected
by the owner of the unit before the issuance of a certificate of occupancy
or certificate of continuing occupancy. The responsibility for correction
of a violation may be assumed by the buyer, except in the case of
a rental certificate of occupancy, with the written notification and
approval of the seller, buyer and Department of Code Enforcement.
At the time of assumption of responsibility, a conditional certificate
of occupancy or a conditional certificate of continuing occupancy
may be issued, and the violation shall be corrected by the buyer within
30 days of the date of issuance of the conditional certificate of
occupancy or conditional certificate of continuing occupancy. Said
conditional certificate of occupancy or conditional certificate of
continuing occupancy may be extended beyond 30 days for two additional
thirty-day periods to allow work to continue.
F.
Any violation of the Electrical Code or Plumbing Code which poses
a major threat to the health, safety or welfare of any potential occupant
in the opinion of the Electrical or Plumbing Subcode Inspector shall
be corrected prior to the issuance of any conditional or final certificate
of occupancy or certificate of continuing occupancy.
Fees shall be as provided in Chapter 155, Fees.
A.
Property Maintenance Code. As set forth herein and in the International
Property Maintenance Code which has been previously adopted by the
Borough of South River, said Code shall be enforced by the Construction
Official or the Code Enforcement Officers. All penalties under the
International Property Maintenance Code, which has been adopted by
the Borough of South River, are set forth in said Code and are set
forth below as it pertains to this article. The Fire Official shall
enforce the Uniform Fire Safety Code. The Borough of South River may
at any time contract with third-party agencies with respect to the
inspections and enforcement of said Code.
B.
The penalty for failure to register or maintain property as set forth
in this article shall be enforced by the Municipal Court of the Borough
of South River and shall be as follows:
(1)
As to owners, pursuant to Section 106.4 of the International Property
Maintenance Code:
(a)
First offense: $500 to $750.
(b)
Second offense: $750 to $1,000.
(c)
Third offense: $1,000 to $1,250.
(d)
Fourth offense: the landlord/owner shall not be issued a certificate
of rental compliance for the rental unit at which the offense occurred
for a period of one year from the third and each subsequent violation
of this article.
A.
Any property owner shall have the right to make an appeal to the
South River Appeals Board with respect to any order and/or fine issued
by the Construction Official with respect to Sections 108, 109, and
110 of the International Property Maintenance Code 2000, together
with all of the amendments, supplements, revisions and updates to
the same.
B.
All appeal requests shall be made on forms designated by the Construction
Official and filed within 10 days of said written order, decision
and/or fine of the Construction Official.
A.
There shall be established within the Borough of South River an Appeals
Board, which shall have the sole responsibility as set forth within
this chapter. Said Appeals Board shall be comprised of five members
appointed by the Mayor with the advice and consent of the Borough
Council. Said terms of the members shall be three-year terms and shall
be appointed at the reorganization meeting of the governing body each
year, except that the first appointments shall be staggered in such
a way that two members shall be appointed upon the effective date
of this article and shall remain in effect until the reorganization
meeting of the governing body, which shall take place in the year
2009; two members shall be appointed as of the effective date of this
article and shall remain in effect until the reorganization meeting
of the governing body in the year 2008; and one member shall be appointed
as of the effective date of this article and shall remain in effect
until the reorganization meeting of the governing body in the year
2007.
B.
The Appeals Board shall meet once per month on a schedule as set
forth by the Appeals Board during its first meeting of each calendar
year, however, if no appeals are filed, said monthly meeting need
not take place.
C.
All appeals filed with the Construction Official shall be forwarded
to the Appeals Board within five days of receipt and shall be heard
at the next regularly scheduled meeting of the Appeals Board as set
forth above; however, said appeal must be received by the Appeals
Board at least five business days prior to said meeting or said appeal
shall be heard at the next succeeding monthly meeting.
