FOR IMMEDIATE RELEASE

RESIDENTS ASKED TO COMMENT ON
 PROPOSED PROPERTY MAINTENANCE ORDINANCE

The Township is looking for residents to comment on Franklin’s proposed revisions to its Property Maintenance Ordinance.  In addition to updating the minimum requirements and standards for equipment and facilities, occupancy, safety and sanitation, and the responsibility of owners and operators to maintain these conditions, the proposal will target overcrowding, illegal multi-family dwellings, and construction work that was done without required permits.

            The Township Council had a special hearing on April 1 to discuss the proposed ordinance. The meeting can be viewed on the government access channel, FTTV-25, and the audio of the meeting accessed through the Township website, www.franklintwp.nj.org. Copies of the proposed ordinance can be obtained by calling Municipal Clerk, 732-873-2500, ext. 212, or by looking on the Township website.

            Comments can be sent to the Municipal Clerk until April 30 via mail, 475 DeMott Lane, Somerset, NJ 08873, via e-mail, Annmarie.McCarthy@twp.franklin.nj.us, or via fax, 732-873-1059.
One goal of the proposed ordinance is to assist the Board of Education in identifying and removing from Franklin schools students who either do not live in the Township or attend due to illegal housing conditions.  At a cost of approximately $12,650 to educate each student annually, it is estimated that students who are using Franklin addresses but actually live in other towns or who are living in overcrowded rentals are costing the Township hundreds of thousands of dollars.  In addition to the standard fines in the ordinance of up to $2,000 per day for noncompliance, landlords/property owners who allow a resident to attend a public school in the Township while illegally occupying a dwelling unit or a nonresident to use a dwelling unit to illegally attend a public school will also be fined the cost of tuition.

Regarding the occupancy standards set forth in the proposal, Vincent Lupo, the Director of Community Development and Township Construction Official, said “Much research was done before we arrived at the occupancy standards; and our ordinance is based on the standards used by new Jersey’s Bureau of Housing Inspections for the Hotel and Multiple Dwelling regulations (N.J.A.C. 5:10.).”  According to Mr. Lupo, 40 to 50 illegal apartments are identified each year due to complaints from neighbors.  This overcrowding adversely affects the health and welfare of occupants, as well as putting strains on the taxpayer base, most notably the school system and emergency services.   Landlords would not be responsible for overcrowding fines if it is proven through the lease or rental agreement that the overcrowding was not permitted and was done without the consent of the landlord.

Another feature of the proposal is to eliminate the liability to buyers of buildings in Franklin.  Currently, correction of construction done without permits and discovered after the sale would be the responsibility of the new owner.  As Mr. Lupo put it, “New owners not only buy the assets, but also the liability.”  Similar to ordinances now in place in many municipalities, this ordinance would protect the new owner by requiring an inspection of the building and the issuance of a Certificate of Continued Building Compliance before any structure is sold.  At present, the only requirement for resale is certification of compliance with requirements for smoke detectors and carbon monoxide detectors.