[Adopted 3-8-1977 by Ord. No. 3173 (Ch.
373, Art. I, of the 2004 Code)]
This article is intended to establish standards
of maintenance for the safety, health and welfare of occupants of
multiple dwellings.
The owner of any multiple dwelling shall be
responsible at all times to the extent of his responsibilities described
herein for the following:
A.
Clean and free
of infestation and hazards to the health or safety of occupants and
other persons in or near the premises.
B.
Avoiding, eliminating
or abating any noises, light, odors, radiation or vibrations arising
out of the use or occupancy of the premises which shall constitute
a nuisance that is harmful to the health and well-being of persons
of ordinary sensitivity occupying or using the premises.
C.
That every unit
of dwelling space shall be so maintained as to be fit for human use
and habitation and to prevent progressive deterioration of the unit
to the detriment of the health, safety and well-being of its occupants.
D.
That the exterior
of the premises and all structures thereon shall be kept free of all
nuisances, unsanitary conditions and any hazards to the health or
safety of occupants, pedestrians and other persons utilizing the premises.
Any of the foregoing conditions shall be promptly removed and abated
by the owner or operator.
E.
To keep the premises
free of such conditions which include, but which are not limited to,
the following:
(1)
Brush, weeds,
broken glass, stumps, roots, obnoxious growth, filth, garbage, trash,
refuse and debris.
(2)
Dead and dying
trees and limbs or other natural growth which, by reason of rotting
or deteriorating conditions or storm damage, constitute a hazard to
persons in the vicinity thereof. Trees shall be kept pruned and trimmed
to prevent any of the foregoing conditions.[1]
(3)
Loose and
overhanging objects and accumulations of ice and snow which, by reason
of location above ground level, constitute a danger of falling on
persons in the vicinity thereof.
(4)
Holes, excavations,
breaks, projections, obstructions, litter, icy conditions, uncleared
snow and excretion of pets and other animals on paths, walks, stoops
and steps, driveways, parking lots and parking areas and other parts
of the premises. Holes and excavations shall be filled and repaired,
walks and steps replaced and other conditions removed where necessary
to eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery.
(5)
Accumulations
of water, vegetation or other matter which might serve as a source
of food or as a harboring or breeding place for infestation.
(6)
Walks, court
and other paved areas shall be kept clean and free of litter, dirt,
mud, snow, ice or other conditions, hazardous to pedestrians.
F.
All parts of the
premises shall be so graded and, where necessary, provided with runoff
drains and other means to carry off the dispose of surface waters
in such a manner as to eliminate any recurrent or excessive accumulations
of stormwater on the premises without causing excessive accumulations
of water on adjoining properties.
G.
Foundations of
all structures shall be kept, maintained and repaired to eliminate
all exposed holes, cracks and other defects so that the foundation
shall be at all times capable of resisting the penetration of liquids
into the building and be weathertight and serve to protect the building
against infestation. They shall also be maintained to prevent or correct
erosion around footings.
H.
The exterior of
every structure or accessory structure, fence or other improvement
on the premises shall be kept in good repair, and all exposed surfaces
thereof, subject to deterioration, shall be protected against weathering
or deterioration by a protective coating appropriate for the particular
material involved as needed.
(1)
All exterior
windows and window frames shall be painted with at least one coat
of suitable exterior paint or other preservative as needed, except
where constructed of an approved atmospheric corrosion-resistant metal
or other equivalent material.
(2)
The exterior
surfaces shall be maintained to eliminate conditions reflective of
deterioration or inadequate maintenance, such as broken glass, loose
shingles, crumbling stone or brick or excessive peeling of paint.
(3)
The exterior
of the building shall be free of loose material that may create a
hazard by falling on persons utilizing the premises.
I.
Leaders and drainpipes
shall be securely fastened to the building and maintained in good
condition, free of leaks, kept clean and free of obstructions and
shall direct stormwaters into draining systems and away from the foundation
walls of the structure.
J.
Sufficient illumination.
(1)
Every garage
or other accessory structure regularly utilized by occupants after
dark shall be equipped with artificial lighting which shall be maintained
and operated so as to render all parts of the garage that are unlocked
and accessible, visible to occupants and also to illuminate all areas
commonly used by occupants sufficiently to enable persons of normal
vision to traverse from such areas safely to the point of egress from
the garage. In garages or structures not kept locked, lighting as
required herein shall be kept on continually from 1/2 hour before
sunset to 1/2 hour after sunrise, unless the lighting is connected
to a dusk-to-dawn photoelectric control device. In garages or structures
which are locked at all entrances, lighting may be provided which
is operated manually by individual occupants in lieu of continual
night lighting, and in such cases, the lighting fixtures shall be
operable from a switch located near the point of ingress into the
interior of the space to be lighted. Illumination of common areas
shall be situated so as not to shine into adjacent dwelling units.
(2)
Exterior parking
areas, pedestrian walkways or other portions of the premises subject
to regular and recurrent use by occupants at night shall be illuminated
continually from 1/2 hour before sunset to 1/2 hour after sunrise,
unless the lighting is connected to a dusk-to-dawn photoelectric control
device to enable safe passage of persons of normal vision.
K.
Basements, cellars
and crawl spaces are to be free of moisture resulting from liquid
penetration from the exterior and shall be provided with ventilation
as required herein to prevent accumulations of moisture and dampness.
Floors of basements and cellars shall have a permanent surface that
is water resistant and capable of being kept broom clean so as not
to create a safety hazard. Subcellars and crawl spaces which are neither
usable nor occupiable need not be permanently surfaces.
L.
Walls, ceilings
and floors.
(1)
All interior
walls, ceilings and other exposed surfaces in units of dwelling space
shall be kept smooth, clean, free of flaking, loose or peeling paint,
plaster or paper and capable of being maintained free of visible foreign
matter, vermin and in a sanitary condition. If and where necessary
to accomplish the foregoing or any part thereof, by reason of the
surface material, such interior surfaces shall be spackled, painted,
papered or otherwise provided with a protective coating as needed
but not more frequently than once every three years. Responsibility
for the cost of said painting, papering, surface preparation or other
protective coating shall be as set forth in the lease to the premises.
Where the lease makes no provision for said cost, it shall be presumed
to be the responsibility of the landlord. It shall also be the responsibility
of the landlord when required to correct conditions under this article
other than normal wear and tear.
(2)
All common
floors, walls, ceilings and other exposed surfaces shall be kept clean,
free from visible foreign matter, sanitary and well maintained at
all times. If necessary to accomplish the foregoing, these surfaces
shall be kept painted, whitewashed, papered, covered or treated with
sealing materials or other protective coatings as needed.
M.
N.
Screens suited
to protect the interior of the building against mosquitoes, flies
and other undesirable insects shall be provided and kept in good repair
for each exterior door and window of each unit of dwelling space.
Screens shall be installed and maintained by the owner of all such
doors and windows at least from May 1 to October 1 of each year. All
operable exterior windows, except those not located in habitable or
occupiable rooms, in a building must be equipped with screens. Fixed
windows need not be provided with screens. Exterior doors in a unit
of dwelling space must be equipped with screens, if the doors provide
any portion of the minimum ventilation area of at least 5% of the
floor area of the room or space ventilated. Screens are not required
on windows or exterior doors in habitable rooms and spaces where a
mechanical ventilation system is provided which conforms to applicable
construction codes.
O.
There shall be
maintained in good operational condition in every multiple dwelling
electrical service, which shall comply with the electrical requirements
in effect at the time the structure first became a multiple dwelling.
P.
Lighting fixtures,
wall plates and other electrical facilities in bathrooms and toilet
rooms shall be of the type or so located and maintained that there
will be no danger of short-circuiting from splashing of water from
any facility therein. No such fixtures shall be located so as to be
reached from a bathtub or shower enclosure.
The tenant or lessee of any multiple dwelling
shall be responsible at all times to the extent of his responsibilities
described herein for the following:
A.
Upon discovery
by a tenant or lessee of any conditions on the premises, failure of
service, or defect in any equipment, which constitutes a violation
hereof, the tenant or lessee shall report the same promptly to the
owner or to the superintendent having charge of the premises.
B.
No tenant or lessee
or any other person shall:
(1)
Remove or
render inoperative any self-closing device on any door which is required
by any provision of law to be self-closing, or cause or permit such
door to be held open by any device.
(2)
Place any
encumbrance on or obstruct any means of egress.
(3)
Take down,
obscure, alter, destroy or in any way deface any notice, certificate
or sign required to be displayed.
(4)
Cause any
breach or substitution of materials which would impair any fire wall
or partition required for fire protection.
(5)
Destroy safety
equipment, empty fire extinguishers or remove fire hoses from racks.
C.
Tenants or lessees
shall place all garbage within the receptacles provided for garbage
disposal. Where janitorial service is not required, they shall place
all containers with sufficient frequency to avoid an unsanitary accumulation
in the exterior area or areas set aside for the same. Garbage, rubbish
and other refuse shall not be thrown out of windows or down dumbwaiters,
nor shall garbage and refuse be set out on stairways or fire escapes
or in common hallways.
D.
Tenants or lessees
of each unit of dwelling space shall be responsible to the extent
of their own use and activities for keeping the interior thereof safe
and sanitary. Tenants or lessees shall prevent any accumulation of
garbage or waste matter, which may become a source of infestation,
a fire hazard or block access to the means of egress from the unit.
E.
Every tenant or
lessee shall maintain all plumbing fixtures used by him in a clean
and sanitary condition, shall not deposit any material in any fixture
or sewer system which would cause stoppage of or damage to properly
maintained fixture or sewer systems and shall be responsible for the
exercise of reasonable care in the proper use and operation of such
fixtures.
F.
Tenants or lessees
shall not damage, remove or destroy screens needed for the building.
G.
Every tenant or
lessee of any unit of dwelling space shall be responsible for removing
conditions resulting from the tenants or lessees own activities or
which may result in infestation conditions which are subject to and
under his exclusive control.
H.
Every tenant or
lessee shall be liable for willfully or maliciously causing damage
to any part of the premises which results in a violation of this article.
Any adult tenants or lessees shall be responsible and liable for any
violation of this section caused by minors under their care or custody
occupying the same unit of dwelling space, if the violations were
created or permitted to continue with the knowledge or acquiescence
or consent of said adult member.
I.
No tenant or lessee
shall cause excessive grease, soot or other foreign matter to accumulate
on side walls, ceilings or other exposed room surfaces by improper
use of heating or cooking equipment. Cooking equipment shall be kept
clean, free of garbage, food particles and grease. Hoods, fans and
ducts used in conjunction with cooking facilities shall be kept free
of grease and other flammable materials and shall be cleaned by the
tenants or lessees as frequently as is necessary to eliminate fire
hazards.
No cooking shall be permitted in any unit of
dwelling space, unless there is provision for the following minimum
cooking and sanitary facilities:
A.
A kitchen sink
of nonabsorbent impervious material and drainboard of appropriate
materials, connected to and having available at all times a supply
of hot and cold water under sufficient pressure. The kitchen sink
shall be connected to a sanitary disposal or sewer system.
B.
Cooking and preparation
of food shall be undertaken only in areas designated therefor.
C.
Means of natural
ventilation or mechanical ventilation sufficient to remove promptly
cooking odors to the exterior of the premises, without first circulating
them within the interior habitable space of the unit.
D.
Place for storage
of food free from infestation.
E.
Facilities for
refrigeration in good operating condition for protection of food from
spoilage permitting maintenance of temperatures for storage above
32° F. and below 50° F., without regard to outside temperature.
F.
A cooking facility
which, if electrical, is connected with safety to an electrical system
of sufficient capacity or, if gas, connected by permanent fixtures
and tubing to avoid leakage of gas. The use of gasoline stove or other
similar fuel-burning appliances using highly flammable liquids and
the use of portable kerosene stoves or other similar fuel-burning
portable appliances for cooking is prohibited.
G.
Cabinets or drawers
or other storage areas for utensils, dishes and other cooking and
eating equipment.
Every unit of dwelling space shall contain the
following minimum sanitary facilities:
A.
A toilet equipped
with a flushing mechanism.
B.
A bathtub or shower
or other complete bathing facility.
C.
A wash basin in
the toilet room or within close proximity thereto.
D.
Every bathroom
and toilet room shall be of sufficient dimension to provide 1 1/2
feet clearance in front of each fixture, including but not limited
to toilet, lavatory, bathtub or shower.
E.
Every toilet,
including the toilet seat, wash basin, shower, bath and other plumbing
or sanitary facility forming part of any toilet room or bathroom,
shall be maintained in good operating condition at all times and shall
be kept clean and free of material that might clog the same or impair
its operation and shall drain into a sanitary sewer or other approved
sanitary disposal system.
As used in this article, the following terms
shall have the meanings indicated:
Any building of one or more stories in which three or more
units of dwelling space are occupied or are intended to be occupied
by three or more persons who live independently of each other.
If, upon inspection of any multiple dwelling,
any violation of this article is discovered, a written notice of violation
will be served upon the owner thereof requiring said owner to terminate
or cause to be terminated such violation within 60 days of the receipt
of said notice, unless the exigencies of the situation require a shorter
period. Authority is hereby given to the various department heads
of the Township of Union to enforce such portions of this article
as lie within their respective jurisdictions and, if need be, to petition
the Superior Court of the State of New Jersey for mandatory injunctive
relief enforcing any order issued by any said department head.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
In addition to the remedies herein provided
for a violation of the terms of this article, any person, firm or
corporation violating any of the terms of this article may, upon conviction
thereof, be subject to one or more of the following: imprisonment
in the county jail or in any other place provided by the municipality
for the detention of prisoners for any term not exceeding 90 days
or by a fine not exceeding $2,000 or by a period of community service
not exceeding 90 days, to become effective on the effective date of
this section. Each day that a violation continues to exist under this
article shall be considered a separate offense.
