The purpose of this chapter is to provide for
the protection of the health and welfare of the residents of the City
of Garfield and to establish a uniform policy of treatment of owners
who allow unlawful occupancy of dwelling units and tenants who must
relocate by reason of the actions of the owner.
As used in this chapter, the following terms
shall have the meanings indicated:
DWELLING UNIT
A building or portion thereof containing cooking and plumbing
facilities for one family, including rooms used more or less for transient
occupancy.
FAMILY
One or more persons related by blood or marriage, or a group
of not more than four persons, not necessarily related by marriage
or blood, living together as a single housekeeping unit.
REAL ESTATE PROPERTY OWNER
All natural persons, partnerships, joint ventures and corporations
as shown on the official tax records of the City of Garfield.
RELOCATION COSTS
The actual and reasonable expense of moving a person and/or
personal property.
UNLAWFUL DWELLING
A dwelling unit for which no valid certificate of occupancy
has been issued by either the City of Garfield code enforcement agent
or state housing code official.
No real estate property owner shall permit or
allow any person or family to occupy an unlawful dwelling unit.
[Added 9-21-1993 by Ord. No. 2130]
The code enforcement official or agent shall
be the Building Department, Police Department, Housing Inspector or
any other municipal employee or department designated by the City
Manager.
[Amended 3-8-1988 by Ord. No. 1971; 6-21-1988 by Ord. No.
1985; 4-25-2006 by Ord. No. 2457; 4-12-2016 by Ord. No. 2735; 9-12-2023 by Ord. No. 3008]
For violation hereof, the court shall impose one or more of the following for each violation hereof: a minimum fine of $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days. Each day in which the owner violates a provision of this chapter shall be deemed as a separate offense. The minimum fine under this section shall not be applicable to violations under Chapter
105 for failure to obtain a continued certificate of occupancy or violations under Chapter
128 for failure to obtain a dwelling certificate.