[Ord. No. 3242]
For reference purposes, this chapter shall be known as the "Illegal
Dwelling Ordinance" of the Township of Belleville.
[Ord. No. 3242]
For the purpose of this chapter, the words and terms listed
shall be defined as follows:
Shall mean the open, non-habitable space between the ceiling
beams of the top habitable story and the roof rafters in any building.
Habitable and non-habitable space is determined through the use of
this State's floor-to-ceiling height regulations.
Shall mean a story partly underground and having more than
one-half (1/2) of its clear height below the finished grade. A basement
shall not be considered a story for purposes of height measurement
in determining the permissible number of stories when used solely
for incidental or accessory storage or for the housing of mechanical
equipment, to include a hot-water heater and furnace, for a washer,
dryer, recreation room and a bathroom, either partial or full.
Shall mean any enclosed space which contains a bathtub and/or
shower, a lavatory and/or a sink or fixtures serving similar purposes.
Shall mean any enclosed space which contains a lavatory and
a sink or fixtures serving a similar purpose.
Shall mean an inspection conducted to determine a unit's
compliance with the housing standard of the Township of Belleville.
Shall mean any room or group of rooms located within a building
or portion thereof, forming a single habitable unit with facilities
that are used, designed or arranged to be used for living, sleeping,
cooking and sanitary facilities.
See Impermissible Dwelling Unit.
Shall mean a dwelling unit:
Shall mean any space containing plumbing fixtures, in conjunction
with other facilities, for the storage and preparation of food.
shall mean the holder or holders of the title for the premises
in fee simple or having charge, care or control of the premises, as
owners, agent of the owner or as executor or mortgagee in possession,
regardless of how such possession was obtained.
Shall mean any person residing with the consent of the owner
in an apartment or unit of housing space.
[Ord. No. 3242]
Any one of the following shall constitute an "illegal" apartment
or dwelling unit:
a.
an apartment or dwelling unit which exceeds the legal dwelling/occupancy
units that are on record with the Township Code Enforcement,
b.
an apartment or dwelling unit which would exceed the number of units
permitted under the Belleville Zoning Ordinance or any approvals granted
by a land use agency of the Township of Belleville,
c.
an apartment or dwelling unit which fails to meet the requirements
of any regulation affecting health, safety or welfare of the general
public; or
d.
an apartment or dwelling unit which the owner has permitted occupancy
thereof without obtaining the required plumbing, electrical or building
permits.
[Ord. No. 3242]
No person shall rent, or allow to be occupied, an "illegal"
apartment or dwelling unit, or permit same to be occupied by a tenant
or other person, in:
[Ord. No. 3242]
Unapproved occupancy of an attic is prohibited.
[Ord. No. 3242]
Any residential attic used for any purpose other than incidental
storage must meet the following criteria:
a.
under no circumstances shall a bathroom be permitted in the attic,
whether partial or full, after enactment of this section (adopted
September 14, 2010, by Ord. No. 3242;
b.
there shall be no kitchen or any semblance of same (i.e., hotplate,
refrigerator, food cabinets, sink . . .);
c.
except for required fire exits, access to the attic or basement shall
be through the dwelling unit, rooming unit or independent rooming
unit;
d.
under no circumstances shall the attic be offered as a separate dwelling
unit, rooming unit or independent rooming unit; and
e.
an attic must be an integral part of the dwelling unit and shall
not be leased to any party that does not have full access and rights
to the dwelling unit.
[Ord. No. 3242]
Unapproved occupancy of a cellar or basement is prohibited.
[Ord. No. 3242; Ord. No. 3286]
Any residential cellar or basement used for living space must
meet the following criteria:
a.
except for required fire exits, access to the cellar or basement
shall be through the dwelling unit;
b.
a cellar or basement must be an integral part of the dwelling unit
and shall not be leased to any party that does not have full access
and rights to the dwelling unit; and
c.
a full or partial bathroom shall be permitted, provided the only
access to same is through the existing dwelling unit.
d.
Exception. A basement bathroom within a dwelling without access through
the existing dwelling unit shall be permitted if such bathroom existed
or was constructed in the basement prior to January 1, 1991 and shall
be permitted upon the owner providing proof to the Zoning Officer
by way of tax records, zoning records, and affidavits of previous
owners that such basement bathroom existing prior to January 1, 1991.
If no such proof is available, or if it is unobtainable after the
exercise of due diligence, the Zoning Officer may consider oral history
or other parol evidence that would assist him/her in making a determination
that the basement bathroom having no access through the existing dwelling
unit was in existence on or prior to January 1, 1991.
[Ord. No. 3242]
Any tenant who receives a notice of eviction resulting from
zoning or code enforcement activity for an illegal occupancy, shall
be considered a displaced person and shall receive relocation assistance
paid by the landlord in an amount up to six (6) times the monthly
rent.
[Ord. No. 3242]
The owner of the structure shall be liable for the payment of
relocation assistance pursuant to this section and shall make payments
for assistance directly to the displaced tenant.
[Ord. No. 3242]
In addition to paying damages, as set forth in this section,
the owner of the real property shall also return to the displaced
person any security deposit, together with interest, plus any rental
payment required to the apportioned upon notifications by the enforcement
official that the illegal apartment or dwelling unit must be vacated.
[Ord. No. 3242]
In additional to eviction and relocation expenses, as outlined in Section 24-5, any person who violates this Chapter shall be subject to the following fines:
a.
for the first (1st) offense, a mandatory fine of a minimum of one
hundred ($100.00) dollars up to a maximum of one thousand two hundred
fifty ($1,250.00) dollars shall be imposed;
b.
for the second (2nd) offense, a mandatory fine of a minimum of one
hundred ($100.00) dollars up to a maximum of two thousand ($2,000.00)
dollars shall be imposed; and
c.
for the third (3rd) and all subsequent offenses, a mandatory fine
of two thousand ($2,000.00) dollars shall be imposed or imprisonment
for a term not to exceed ninety (90) days, or community service for
a term not to exceed ninety (90) days.
[Ord. No. 3242]
For purposes of determining violations under this Chapter, each
and every day of continued rental or occupancy shall be deemed a separate
and distinct violation.
[Ord. No. 3242]
The provisions of this Chapter shall be enforced by the Construction
Code Official, and/or his designee.
