City of Clifton, NJ General Provisions

Any part of the premises not occupied by any building thereon;

Any open space on the outside of any building; or

Any part of any building which is exposed to the elements.

EXTERMINATION

The control and elimination of insects, rodents, vermin and other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal method of pest elimination which may be approved by the Health Officer.

GARBAGE

The mineral, animal or vegetable or any other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

HAZARD

Any physical condition on or near the premises which may reasonably be deemed to be actually or potentially dangerous to human life or detrimental to the public health or safety, and shall include but is not limited to the following:

Any condition which may present an actual or potential threat of combustion or of ignition.

Foundation walls which are not structurally sound, free from defects and damage and capable of bearing imposed loads safely.

Chimneys, flue and vent attachments which are not structurally sound, free from defects and so maintained as to perform at all times the functions for which they were designed and constructed, it being required hereby that chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment and shall be structurally safe, sound, durable, smoke-tight and capable of withstanding the action of flue gases.

Exterior porches, landings, balconies, stairs and fire escapes which are not structurally sound and free of defects and damage, and which are not provided with banisters or railings properly designed and maintained and structurally sound and in good repair, and which are not maintained in a well painted condition or otherwise provided with a preservative treatment to prevent deterioration.

(5)

Any inadequately protected well, shaft, basement, excavation, abandoned motor vehicle, appliance or equipment, structurally unsound fence or building or other similar condition detrimental to the safety of persons.

INFESTATION

The presence in, on or about a premises of any insects, rodents, vermin or other pests.

KITCHEN

Any space containing plumbing fixtures in conjunction with other facilities for the storage and preparation of food.

[Added 7-20-1999 by Ord. No. 6072-99]

MIXED OCCUPANCY

Any building containing one or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.

MULTIPLE DWELLING

Any dwelling containing more than one dwelling unit.

NUISANCE

Any public nuisance known in law or in equity or equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the City of Clifton, and shall include but is not limited to the following:

Any growth or accumulation of lumber, trash, debris or vegetation such as poison ivy, oak or sumac.

Sources of infestation.

Any accumulation of brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.

ORDINARY MINIMUM WINTER CONDITION

Dead and dying trees, limbs and other natural growth which, by reason of rotting or deterioration or storm damage, are or may be dangerous to persons, it being hereby required that trees shall be kept pruned and trimmed to prevent such conditions.

(5)

Loose, overhanging and projecting objects and accumulations of ice and snow which by reason of location above ground level are or may be dangerous to persons.

(6)

Holes, excavations, breaks, piles or heaps of material, ungraded fill, projections, obstructions and excretions of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas, and other parts of the exterior of a premises which are accessible to and used by persons lawfully on the premises.

(7)

Accumulations of stormwater, it being hereby required that adequate runoff drains shall be provided and maintained in workable condition to eliminate recurrent accumulations of stormwater.

OCCUPANCY UNIT

Any room or group of rooms or part thereof forming a single usable unit (used or intended to be used, or designed to be used, for nonresidential purposes) and located within a building used or intended to be used or designed to be used in whole or in part for commercial business, industrial or any other nonresidential occupancy.

OCCUPANT

Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit, and any person or persons having actual possession of or using or occupying an entire building or an occupancy unit in a building.

OPERATOR

Any person, firm, association or corporation who or which has charge, care or control of a building or part thereof containing dwelling or rooming or occupancy units, whether with or without the knowledge and consent of the owner.

The temperature of 15º F.

OWNER

Any person, firm, association or corporation who or which, alone or jointly or severally, shall have:

Legal title to any premises, with or without accompanying actual possession thereof; or

Charge care or control of any premises or part thereof as owner or agent of the owner or in a fiduciary capacity to the estate of the owner, and any such person, firm or corporation having or exercising such charge, care or control shall be bound to comply with the provisions of this article and of the rules and regulations adopted pursuant thereto to the same extent as though he or it was the "owner."

PARTIES IN INTEREST

Any persons, firms, associations or corporations who or which have an interest of record in a premises and any who may be in actual possession of all or a part thereof.

PERSON

For purposes of the construction and interpretation of this article, the same meaning as is assigned to said word by N.J.S.A. 1:1-2, and as the same may be amended and supplemented.

PLUMBING

Includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, sink tops and counters, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

PREMISES

A lot, tract, plot or parcel of land, whether or not the same has improvements situated thereon, and includes any improvements which may be situated thereon.

PUBLIC AUTHORITY

Any officer in charge of a department or branch of the City government, the activities of which relate to public health, fire, building or other matters concerning dwellings, buildings, structures and/or premises in the City or the agent of any such officer.

PUBLIC OFFICER

The City Manager of the City of Clifton or his duly designated and authorized agent or agents.

REFUSE

All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street sweepings, dead animals, abandoned motor vehicles or parts thereof and solid market and industrial wastes.

ROOMING HOUSE

Any dwelling or that part of any dwelling containing one or more rooming units in which space is let by the owner or operator to two or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

RUBBISH

Combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

STRUCTURE

An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING

Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.

TRANSLUCENT

The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.

UTILITIES

Include electric, gas, heating, water and sewerage services, and equipment therefor.

WATER CLOSET COMPARTMENT

An enclosure containing a single water closet and a wash basin supplied with hot water.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

WINDOW

An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.

WINDOW DISPLAY AREA

The inner surface of a window which is designed or used for the viewing of the interior of a building and for the display of items representative of any goods or services pertaining to the business conducted in said building.

Whenever the words "dwelling," "dwelling unit," "occupancy unit," "rooming house," "rooming unit," "premises," "building" or "structure" are used in this article, they shall be construed as though they were followed by the words "or any part thereof"; and whenever in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the name shall be understood to import and include the plural number or male gender, and to apply to bodies corporate as well as to individuals and, wherever opposite, a word shall be deemed to have retroactive as well as prospective application.

§ 273-2 Public officer designated.

[Added 1-19-1971 by Ord. No. 4027-71]

The City Manager of the City of Clifton is hereby designated and appointed as the public officer who shall exercise the powers prescribed by and shall enforce the provisions of this article.

§ 273-3 Issuance of complaint; notice to owner.

Whenever a petition is filed with the public officer by a public authority or by at least five residents of the City charging that any building is unfit for human habitation or occupancy or use, or whenever it so appears to the public officer on his own motion, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice which shall be served as provided in § 273-24. The notice shall state that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than 10 days nor more than 30 days after the service of said complaint; that the owner and parties in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer.

§ 273-4 Determination of unfitness.

[Amended 2-6-1968 by Ord. No. 3814; 11-18-1968 by Ord. No. 3884]

If, after such notice and hearing, the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest, in the manner provided in § 273-24, an order requiring:

The repair, alteration or improvement of said building to be made by the owner, within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or have said building vacated and closed within the time set forth in the order; and

If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish said building within a reasonable time as specified in said order of removal.

If, after such notice and hearing, the public officer further determines that the electric wiring system in the building is defective and unsafe, he shall order and direct that the public utility company supplying electricity to the building discontinue such service until such electric wiring system is made to conform to the requirements of the National Electrical Code, Revision of 1968, which has been approved by the American Standards Association as to electrical construction and by the Underwriters' Laboratories, Inc., as to electrical equipment.

§ 273-5 Failure to comply.

If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved, or to be vacated and closed. The public officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."

If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.

§ 273-6 Costs to be lien against property.

The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal and demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, and the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceedings taken under this article determined in favor of the City shall be a municipal lien against the real property upon which such cost was incurred.

If the building is removed or demolished by the public officer, he shall sell the materials of such building. The officer shall credit against the cost of the removal or demolition of the building the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building.

If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or the custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail.

If the total of the credits exceeds such costs, the balance, if any, remaining shall be deposited by the public officer in the Superior Court of New Jersey and shall be secured in such manner as may be directed by such court. The deposit in court shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court.

Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

Nothing in this section or in the preceding sections of this article shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.

§ 273-7 Relief from decisions and orders.

Any person aggrieved by the decision or any order of the public officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.

§ 273-8 Minimum requirements.

[Amended 7-5-1967 by Ord. No. 3782; 10-15-1968 by Ord. No. 3877; 11-18-1968 by Ord. No. 3885]

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements:

Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Health Officer.

Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin and a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Health Officer.

Such water closet, lavatory basin and bathtub or shower shall be in good working condition and properly connected to a water and sewer system approved by the public officer.

Every kitchen sink, lavatory, basin and bathtub or shower required under the provisions of Subsections A, B and C of this section shall be properly connected with both hot- and cold-water lines. The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than four gallons per minute.

Every dwelling unit shall be supplied with adequate rubbish and garbage storage facilities and adequate disposal facilities. Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. At least one approved-type garbage receptacle shall be provided for each dwelling unit, in accordance with §§ 273-12 and 273-13 of this article.

Every water closet, lavatory and bathtub or shower for each dwelling unit shall be accessible from within the building without passing through any part of any other dwelling unit.

Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot-water lines required under the provisions of Subsection D of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120º F. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of Subsection E of § 273-9 are not in operation.

Every dwelling unit shall have safe unobstructed means of egress, every part of which shall be at least 30 inches in width, leading to safe and open space at ground level, as required by the laws of this state and the ordinances of the City.

Security requirements. The following provisions shall apply to all buildings hereafter erected that may be classified a residential occupancy:

Building entrance doors and other exterior exit doors shall be equipped with heavy-duty lock sets. Latch sets shall have stopwork in the inside cylinder controlled by a master key only. Outside cylinders of main entrance door locks shall be operated by the tenant's key, which shall not be keyed to also open the tenant's apartment entrance door. Main entrance door locks shall be kept in the locked position and shall be freely operable from the inside at all times. Other exterior exit doors shall be locked to prevent entry and shall be freely openable from the inside at all times.

Doors to dwelling units shall be equipped with a heavy-duty lock set equipped with stopwork for control of the knob and an additional dead bolt or auxiliary latch bolt to prevent manipulation by means other than a key. Except in dormitories, these doors shall also be equipped with a chain door guard so as to permit partial opening of the door. Except in dormitories and garden apartments, dwelling unit entrance doors shall also be equipped with a viewing device located so as to enable a person on the inside of the entrance door to view a person immediately outside.

All openable windows shall be equipped with sash locks designed to be openable from the inside only. Grilles lockable from the inside only may be placed on the inside or outside of windows that are accessible from grade but that do not serve to provide access to exits.

§ 273-9 Light, ventilation and heat.

[Amended 7-5-1967 by Ord. No. 3782]

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 10% of such room.

Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size, as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Building Inspector.

Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the public officer.

Every habitable room shall contain at least three separate wall-type electric convenience outlets, or two such convenience outlets and one ceiling or wall-type electric light fixture. Every such outlet and fixture shall be maintained in good and safe condition and shall be connected to the source of electric power. No temporary wiring shall be used except extension cords which run directly from portable electrical fixtures to convenience outlets, and which do not lie under rugs or other floor coverings, nor extend through doorways, transoms or other openings through structural elements.

It shall be the duty of every person who shall have contracted, undertaken or shall be bound to heat or furnish heat for any building or portion thereof, occupied as a home or place of residence of one or more persons, to comply with the provisions of Chapter 269, Heating of Buildings.

Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility room, and all similar nonhabitable space located in a dwelling shall have either natural or artificial light available at all times, with an illumination of at least two lumens per square foot (two footcandles) in the darkest portions. Every portion of any interior or exterior passageway or stairway common to two or more families in a dwelling shall be illuminated by at least two lumens per square foot (two footcandles) in the darkest portion of the normally traveled stairs and passageways. In dwellings comprising two dwelling units, such illumination shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.

During that portion of each year when the Health Officer deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device. Every window or other device with openings to outdoor space used or intended to be used for ventilation shall likewise be supplied with screens.

Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

Every space heater, except electrical, shall be properly vented to a chimney or duct leading to the outdoors. Unvented portable space heaters burning solid, liquid or gaseous fuels shall be prohibited.

§ 273-10 Space and location requirements.

[Amended 2-17-1970 by Ord. No. 3964]

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

Every dwelling unit shall contain at least 150 square feet of floor space for each occupant thereof up to a maximum of two occupants and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable area.

In every dwelling unit of two or more rooms, at least one room occupied for sleeping purposes by two occupants shall contain at least 70 square feet of floor space; and any other room occupied for sleeping purposes shall contain at least 70 square feet of floor space for one occupant and at least 50 additional square feet of floor space for each additional occupant thereof.

[Amended 6-5-1995 by Ord. No. 5751-95]

No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

No room in a dwelling may be used for sleeping if the floor level of the room is lower than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room unless the provisions of Subsection F hereof are complied with.

No bed may be located or placed in a basement for sleeping purposes. A bed may be stored in a basement in a disassembled or upright position only. Where a room is partly underground and having more than 1/2 of its clear height above the finished grade, said space may be used as a dwelling unit subject to meeting the following criteria in addition to any other applicable provisions of the Zoning Ordinance of the City of Clifton:[1]

[Amended 3-6-2001 by Ord. No. 6185-01]

The floor level of rooms used for sleeping is less than 3 1/2 feet below the average grade of ground adjacent to and within 15 feet of the exterior walls of such rooms and the floors and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness, and provided that the windows thereof are at least 15 feet from the nearest building or wall.

The total of window area in each room is equal to at least the minimum window area size as required in Subsection A of § 273-9.

Such required minimum window area is located entirely above the grade of the ground adjoining such window area.

The total of openable window area in each room is equal to at least the minimum as required under Subsection B of § 273-9, except where there is supplied some other device affording adequate ventilation and approved by the public officer.

[1]

Editor's Note: See Ch. 461, Zoning.

§ 273-11 Safety and sanitary maintenance requirements.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodentproof, capable of affording privacy, and shall be kept in good repair.

Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof, and shall be kept in sound working condition and good repair.

Every inside and outside stair, porch and appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.

Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.

Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

Every supplied facility, piece of equipment or utility which is required under this article shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.

No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this article to be removed from, or shut off from, or discontinued for, any occupied dwelling let or occupied by him except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the public officer.

No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

Every porch, balcony, roof and/or similar place higher than 40 inches above the ground used for egress or for use by occupants shall be provided with adequate railings or parapets. Such protective railings or parapets shall be properly balustraded and shall be not less than three feet in height.

Every building, dwelling and dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and other hazards to safety. Lawns, hedges and bushes shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Brush, weeds, uncut grass and/or obnoxious growths shall not exceed six inches in height.

[Amended 6-1-1999 by Ord. No. 6054-99]

Fences shall be kept in good repair.

[Added 6-1-1999 by Ord. No. 6054-99]

§ 273-12 Responsibilities of owner.

[Amended 10-19-1976 by Ord. No. 4364-76]

It shall be the duty and responsibility of the owner:

To keep every dwelling and every part thereof, including the roof, walls, floors, provided carpeting, ceilings, attics, halls, stairs, stairways, porches, plumbing providing heating, plants and provided fixtures and equipment for heating water, including chimneys and smoke pipes, doors, windows, foundations and rubbish containers in a state of sound repair and in a clean and sanitary condition.

To maintain such dwelling so there will not be excessive heat loss caused by lack of or improper maintenance of the doors, windows, walls, roofs or other parts of the building.

To refrain from shutting off or causing to have discontinued or disconnected provided utilities for any occupied dwelling, except where such interruption of utility service is necessary while in the actual process of making repairs or during temporary emergencies for which repairs are being arranged.

To keep the basement or cellar dry and ventilated. The floors of such basement or cellar shall be paved with brick, cement, tile, asphalt or some other impervious material. The side walls and ceilings of every basement and cellar shall be kept free from dampness. The basement or other cellar shall be kept clean and free from any accumulation of filth, ashes, garbage, rubbish, refuse, junk, soil matter, wood, paper and other combustible or putrefactive nature, and, if not and request therefor is made by the Health Officer or his agent, the cellar shall be cleaned and disinfected. The use of any cellar for sleeping purposes is prohibited.

To keep side walls and ceilings of such dwelling, dwelling unit and every habitable room, hall, closet and compartment clean and well and sufficiently plastered, painted or papered, so that the same may have clean, smooth and washable surfaces.

To keep the flooring of the halls, stairs and landing clean and free from filth, ashes, garbage, rubbish, refuse, junk, soil water, drainage water, slop, wood, paper and other material of a putrefactive or combustible nature and free from fire and accident hazards.

To keep the exterior of the premises and all structures thereon free of all nuisances or any hazards to the safety of occupants, pedestrians or other persons utilizing the premises or free of insanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of nuisances or free of unsightly conditions or free of insanitary conditions or free of hazard or any combination of the foregoing, which include but are not limited to the following:

[Amended 4-21-1987 by Ord. No. 5762-87]

Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.

Natural growth: dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.

In every dwelling in which the owner does not reside, to provide for a janitor, caretaker, housekeeper or other person designated by the owner, who shall at all times keep the court, yard, alley, areaway, sidewalk and other exterior surfaces clean and free from any accumulation of waste material. Garbage and all waste material shall be moved from such dwelling premises at regular intervals and at the convenience and collection schedule of the garbage removal agency of the City.

To maintain and keep chimneys, smokestacks, smokepipes and flues and provided heating equipment of such dwelling free from defect and in such condition as to prevent coal or illuminating gas, soot, smoke or noxious fumes or odors from entering such dwelling, dwelling unit or habitable rooms, or any dwelling or dwelling unit adjacent thereto.

To keep the roof, gutters, leaders, side walls, windows and window frames of such dwelling, and every part thereof, structurally sound and free from leakage of rainwater. All drainage therefrom shall be conveyed so as to prevent the dripping of such water upon the ground or onto property adjacent thereto.

To make and maintain the dwelling reasonably verminproof and rodentproof and to exterminate same. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the common parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

To keep and maintain structurally sound and free from any defects the exterior of the dwelling and the masonry walls, clapboards, sheathing, shingles, exterior studs, main cornices, foundation wall, wood sills, corner posts, wood plates, supporting rafters, roofing boards and coverings; the stoops and porches, flooring, railing and stair treads; the risers, posts, handrails, balustrades and newels; window sash frames, sills, stools and apron; the doors and door frames; the fire escape, floorings, railings, ladders, passageways, weights, chains, basket and stairs; and the joists and crossbeams of any dwellings and parts thereof of frame construction and parts subject to erosion and deterioration. Foundation walls shall be kept structurally sound and free from any defects.

Not to permit any room in any dwelling to be used for sleeping purposes by one occupant if it contains less than 70 square feet of floor space and every room occupied for sleeping purposes by more than one occupant if it contains less than 50 square feet of floor space for each occupancy thereof, except as set forth in § 273-10B hereof.

[Amended 6-5-1995 by Ord. No. 5751-95]

To provide in every room and hall in every dwelling a window or skylight, opening directly to the outer air. The total area of such window or skylight shall not be less than 10% of the floor area of such room. All windows and skylights shall be enclosed with glass and shall be provided with suitable hardware and sash cords and made to open to the extent of 5% of the floor area. Every dwelling, habitable room and hall shall be equipped with a safe artificial lighting service, and all electrical wiring, outlets and fixtures thereof shall be installed and maintained in accordance with the provisions of § 273-9 hereof. In the absence of natural ventilation, every habitable room shall be ventilated by mechanical means.

In every tenancy where the owner has furnished or has agreed to furnish window and door screens, or either, as a preventative against fly and mosquito infestation, it shall be the duty of the owner at all times to keep such screening in good and serviceable condition for the benefit of the occupant.

In all dwellings to be hereafter constructed, it shall be the duty of the owner to provide the occupant of every dwelling with adequate window and door screens and to maintain the same at all times in good and serviceable condition.

In rooming houses, and in dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the rooming units as are needed for the storage of garbage and rubbish until removal from the premises.

To keep the exterior of the premises, the exterior or dwelling structures and the condition of accessory structures maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the residential standards of the neighborhood, or such higher standards as may be adopted as part of a plan of urban renewal and/or community development by the City of Clifton, and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighbor hood, with the accompanying diminution of property values, including the following:

[Amended 4-21-1987 by Ord. No. 5162-87]

Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance[1] for the premises.

[1]

Editor's Note: See Ch. 461, Zoning.

Landscaping. Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept neatly trimmed and from becoming overgrown and unsightly so as not to constitute a blighting factor depreciating adjoining property or impairing the good character of the neighborhood.

To keep any front yard area of premises occupied by a dwelling, except on driveways and parking area constructed and installed in compliance with applicable City ordinances and not less than three feet from the interior front sidewalk line adjacent to said premises, free from the parking, stopping or standing of any motor vehicle.

[Added 4-21-1987 by Ord. No. 5162-87]

To provide and maintain adequate runoff drains in accordance with existing applicable codes.

[Added 4-21-1987 by Ord. No. 5162-87]

To prevent, repair and eliminate ground surface hazards or insanitary conditions, holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow and the excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or insanitary conditions with reasonable dispatch upon their discovery.

[Added 4-21-1987 by Ord. No. 5162-87]

§ 273-13 Responsibilities of occupant.

It shall be the duty and responsibility of the occupant:

To keep his dwelling, and the portion of the dwelling and premises over which he has exclusive control, in a clean and sanitary condition.

To place all garbage and refuse in proper legal containers supplied by himself or provided by the owner for such purposes. In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish the receptacles outside the dwelling unit as are needed for the storage of garbage and rubbish until removal from the premises.

Every occupant of a dwelling comprising a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner.

To refrain from willfully or maliciously damaging or permitting any member of his family to damage any part or portion of the dwelling.

To refrain from using any fuel which, by its combustion, may cause smoke and the rapid discoloration of side walls and ceilings of the dwelling.

To refrain from chopping wood or other material in any dwelling.

To maintain in a clean and sanitary condition plumbing fixtures used by himself or his family. No occupant shall knowingly, willfully or maliciously deposit or permit any member of his household to deposit any material in any fixture which would result in stoppage of or damage to the fixture.

To refrain from using for sleeping purposes for one occupant any room containing less than 70 square feet of floor space and every room occupied for sleeping purposes by more than one occupant if it contains less than 50 square feet of floor space for each occupant thereof.

§ 273-14 Operation of rooming houses.

No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this article, except the provisions of §§ 273-8 and 273-12 hereof.

§ 273-15 Rooming house permit required.

No person shall operate a rooming house unless he holds a valid rooming house permit issued by the Health Officer in the name of the operator and for the specific dwelling or dwelling unit.

The operator shall apply to the Health Officer for such permit, which shall be issued by the Health Officer upon compliance by the applicant with the applicable provisions of this article and of any rules and regulations adopted pursuant thereto.

This permit shall be displayed in a conspicuous place within the rooming house, at all times.

No such permit shall be transferable. Every person holding such permit shall give notice in writing to the Health Officer within 24 hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in or control of any rooming house. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house.

Every rooming house permit shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided.

The permit fee for each rooming house shall be $50. For any reinspection required for any reason during any calendar year, there shall be a reinspection fee of $50.

[Added 6-19-2007 by Ord. No. 6669-07]

§ 273-16 Denial of permit; hearing.

Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the public officer, under the procedure provided by § 273-3 hereof.

§ 273-17 Notice of violations to operator; suspension of permit.

Whenever upon inspection of any rooming house the Health Officer finds that conditions or practices exist which are in violation of any provision of this article or of any rule or regulation adopted pursuant thereto, the Health Officer shall give notice in writing to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Health Officer, the operator's rooming house permit will be suspended. At the end of such period, the Health Officer shall reinspect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall give notice in writing to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.

§ 273-18 Hearing pending suspension of permit; revocation.

Any person whose permit to operate a rooming house has been suspended or who has received notice from the Health Officer that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected may request and shall be granted a hearing on the matter before the public officer, under the procedure provided by § 273-3. If no petition for such hearing is filed within 10 days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked.

§ 273-19 Rules and regulations for rooming houses.

At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Health Officer and in good working condition, shall be supplied for each six persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of said facilities. In a rooming house where rooms are let only to males, flush urinals may be substituted for not more than 1/2 of the required number of water closets. Every water closet, lavatory and bathtub or shower for each rooming house shall be accessible from within the building without passing through any part of any other rooming unit and shall be located no farther than one floor above or below the rooming units served. Such water closet, lavatory and bathtub or shower shall be contained in a room or rooms which are separate from all other rooms by walls, doors or partitions that afford privacy. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement.

[Amended 1-15-2002 by Ord. No. 6258-02]

The operator of every rooming house shall change supplied bed linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

In every rooming unit every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.

Every rooming unit shall have safe, unobstructed means of egress, every part of which shall be at least 30 inches wide, leading to safe and open space at ground level, as required by the laws of this state and ordinances of this City.

The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for the maintenance of a sanitary condition in every other part of the rooming house. The operator shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by said operator.

Every provision of this article which applies to rooming houses shall also apply to hotels, except to the extent that any such provision may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.

A printed copy of §§ 273-14 to 273-19, both inclusive, containing every provision as adopted and as they may be amended from time to time shall be prepared by the Department of Health and made available to every licensed rooming house. The operator of each licensed rooming house shall post such copy in a prominent place in every bathroom of his establishment.

§ 273-20 Minimum standards for commercial, business, industrial or other nonresidential premises.

[Added 1-19-1971 by Ord. No. 4027-71]

No person shall occupy or let to another for occupancy any building or occupancy unit for use for nonresidential or other than dwelling purposes which does not comply with the following requirements:

The premises, both interior and exterior, shall be and shall be kept and maintained free of litter (including, without limiting the generality of the foregoing, discarded, windblow, deposited or dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass), free of all foreign materials defacing any surface thereof, free of any nuisances or hazards as the same are defined in this article, and free of unsanitary conditions, it being hereby required that any of the foregoing shall be promptly removed and abated.

The exterior of the premises shall be and shall be kept and maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the City of Clifton and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties, nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:

There shall not be stored or used at a location visible from the street, sidewalks or other public areas or exposed to public view any equipment and/or materials relating to commercial or industrial uses unless permitted under the Zoning Ordinance for the premises.

The landscaping of premises shall be and shall be kept and maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Brush, weeds, uncut grass and/or obnoxious growths shall not exceed six inches in height. Open areas shall be graded to eliminate holes, depressions, gullies, mounds, accumulators of debris or other unsightly or unsafe conditions. Walkways and driveways shall be and shall be maintained unobstructed and free of holes, depressions and gullies.

[Amended 6-1-1999 by Ord. No. 6054-99]

All permanent signs and billboards exposed to public view permitted by the Zoning Ordinance and regulated by the Building Code and Zoning Ordinance or other regulations or as a lawful nonconforming use shall be and shall be kept and maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or be put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.

All windows exposed to public view shall be and shall be kept and maintained clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened by drapes, venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.

(5)

Except for for-rent signs, any temporary sign or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it was erected or posted, or within 30 days after it was erected or posted, whichever shall have occurred sooner.

(6)

Not more than 25% of the area of any window shall at any given time be used for the display of any sign or signs or other advertising or printed material glued or otherwise attached to said window. Notwithstanding the foregoing, the following shall be permitted in addition to the allowable coverage:

[Amended 2-3-1998 by Ord. No. 5945-98; 9-19-2006 by Ord. No. 6614-06]

(a)

Signs announcing a charitable event or City event for a period not to exceed 30 days prior to said event.

(7)

All storefronts and the exteriors of all buildings shall be and shall be kept and maintained in good repair and painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance. In the event that repairs to a storefront become necessary, such repairs shall be made in harmony with the original design with the same materials or materials of appearance similar to those used in the construction of the storefront in such a manner as permanently to repair the damaged area or areas.

(8)

Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be and shall be kept and maintained in good repair and shall be so maintained as not to constitute a nuisance or hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.

(9)

No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place after completion of work or beyond a period of three months after erection or placement thereof without permission of the public officer.

The exterior of every building, structure or appurtenance thereto shall be maintained in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be and shall be kept and maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influence.

Any means of access to the roof of any building shall be and shall be kept and maintained in good and safe condition and repair, and the public officer may, upon determining that access to the roof or the means of any such access has become dangerous to life or limb by reason of the condition of the roof, lack of railings, inadequate parapets, loose materials or other conditions creating a hazard, may direct the owner or operator of the premises to lock or otherwise bar access to the roof; provided, however, that the public officer shall first have determined that such action will not block necessary fire escape routes or access by the Fire Public Safety Department in case of emergency.

[Amended 4-6-1971 by Ord. No. 4037-71]

Floors shall be and shall be kept and maintained in a structurally sound condition capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be free of hazards.

Bathroom and water closet compartment floors shall be surfaced with water-resistant material and shall be and shall be kept and maintained in a dry, clean and sanitary condition at all times.

Supporting structural members shall be and shall be kept and maintained structurally sound, free from deterioration and capable of safely bearing imposed loads.

Storage bins, rooms and areas shall be and shall be kept and maintained free of accumulated garbage and rubbish unless:

Such rubbish is stored in watertight receptacles of metal or other material approved by the enforcing officer and provided with tight-fitting covers.

Such rubbish is stored in nonleaking receptacles of metal or other material approved by the enforcing officer.

Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.

Such storage areas, if located outside of a building and exposed to public view, are shielded by a method approved by the public officer and constructed in compliance with the applicable provisions of the Building Code of the City of Clifton.

§ 273-21 Required utilities and facilities.

[Added 1-19-1971 by Ord. No. 4027-71]

No person shall occupy or let to another for occupancy any building or occupancy unit for use for nonresidential or other than dwelling purposes which does not comply with the following requirements:

Every building shall be provided with electric service, where required, in accordance with the standards of the National Electrical Code, as amended from time to time.

Every bathroom and water closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water supply fixture.

Maximum fuse sizes as specified by the National Electrical Code, as amended from time to time, shall be posted conspicuously on the inside cover of all fuse boxes, and no fuse shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants other than the owner.

In buildings containing not more than four occupancy units, it shall be the responsibility of each of the occupants, and in buildings containing more than four occupancy units, it shall be the responsibility of the owner or operator to furnish such receptacles as are needed for the proper temporary storage of garbage and rubbish pending removal thereof from the premises, and it shall be the duty and responsibility of the owner or operator to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the City of Clifton.

§ 273-22 Responsibilities of occupant of nonresidential premises.

[Added 1-19-1971 by Ord. No. 4027-71]

Except as hereinafter provided, it shall be the duty and responsibility of the occupant to:

Place or keep all rubbish or garbage temporarily stored on the premises within the building located thereon or not nearer to the street line than the building line or nearer to the street line than the wall of the building facing such street, whichever distance from the street line is the greater, except during cleanup week designated by the City's administration.

Maintain the premises entirely free and clear of any flammable or combustible liquids, chemicals or other materials unless they are of a type approved for storage by regulation of the Fire Public Safety Department, in which event, the occupant may store on the premises only such quantities and in such fireproof storage containers as may be prescribed by applicable Fire Public Safety Department regulations.

[Amended 4-6-1971 by Ord. No. 4037-71]

Maintain the premises free and clear of any infestation whatsoever and promptly to provide for the extermination of any insects, rodents or other pests in, on or about the premises. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by the failure of the owner or operator to maintain any such building in a reasonably pestproof condition, extermination shall be the duty and responsibility of the owner or operator.

Report to the public officer forthwith upon discovery any condition on the occupied premises which constitutes a violation of this article.

Keep and maintain all parts of the occupied premises in a clean, sanitary and safe condition free of hazards and nuisances, and refrain from performing any acts which render any other parts of the premises unclean or unsanitary or unsafe or which prevent the owner or operator from performing any duty required by this article.

Generally, keep and maintain the occupied premises in such a manner so that the same shall comply with the requirements of § 273-20 of this article, and no occupant shall be relieved from such duty or responsibility by reason of the fact that the owner or operator is or may also be responsible therefor and in violation of this article.

§ 273-23 Responsibility of owner or operator of nonresidential premises.

[Added 1-19-1971 by Ord. No. 4027-71]

Except as may be otherwise provided in any such section, it shall be the duty and responsibility of the owner or operator to keep and maintain any commercial, business, industrial or nonresidential premises in the City of Clifton in such state or condition so that the same shall comply with the requirements of §§ 273-20, 273-21 and 273-22 of this article, and no owner or operator shall be relieved from such duty and responsibility by reason of the fact that the occupant also is or may be responsible therefor and in violation of any provision of said sections.

§ 273-24 Service of complaints and orders.

Complaints or orders issued by the public officer pursuant to this article shall be served upon persons either personally or by registered mail. If the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once every week for two successive weeks in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulating in the City. A copy of such complaint or order shall be duly recorded or lodged for record with the county register of deeds and mortgages.

§ 273-25 Emergency orders.

[Amended 3-18-1993 by Ord. No. 5629-93]

Whenever the public officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without a hearing, issue an order reciting the existence of such a hazardous or serious violation or emergency and requiring that such action be taken as he deems necessary to meet the emergency or to remedy the hazardous or serious violation. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the public officer shall be afforded a hearing as soon as possible. After such hearing, depending on his findings as to whether the provisions of this article have been complied with, the public officer shall continue such order in effect or modify it or revoke it.

In the event that the owner of the premises fails to correct said emergency condition within the time period set forth in such order, the order may provide for the City to take such action as it deems necessary to remedy said emergent condition, and the cost of said remedy, together with any other charges incurred, shall be a principal lien against the real property upon which said cost was incurred.

There shall be an administrative fee of $100 in connection with the preparation and administration of all emergency orders issued by the City of Clifton, which shall be a principal lien against the real property upon which said cost was incurred.

[Added 5-15-2012 by Ord. No. 7021-12]

§ 273-26 Actions for relief.

Any person aggrieved by an order issued by the public officer under this article may, within 60 days after the posting and service of such order, bring an action for injunctive relief to restrain the public officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with an order of the public officer.

§ 273-27 Inspections.

[Added 1-19-1971 by Ord. No. 4027-71; amended 3-7-1972 by Ord. No. 4094-72]

The public officer is hereby authorized and directed to make such inspections, both exterior and interior, as may be necessary to determine the conditions of dwellings, dwelling units, rooming units, buildings, occupancy units and premises located within the City in order that he may perform his duty of safeguarding the health and safety of the occupants thereof and of the general public. The public officer is hereby directed to conduct any such inspections in the manner required by law. Every occupant of a dwelling, dwelling unit, rooming unit, building, occupancy unit or premises shall give the owner thereof or his agent or employee access thereto at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or any lawful order issued pursuant to the provisions of this article.

§ 273-28 Additional powers of public officer.

The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others herein granted:

To administer oaths and affirmations, and to examine witnesses and receive evidence.

To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession.

To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this article.

To delegate any of his functions and powers under this article to such officers and agents as he may designate.

§ 273-29 Higher standards to prevail.

In any case where a provision of this article is found to be in conflict with the provision of any zoning, building, fire, safety or health ordinance or code of the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

In any case where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the City which establishes a lower standard for the promotion and protection of health and safety of the people, the provisions of this article shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.

§ 273-30 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969; 3-18-1993 by Ord. No. 5629-93; 5-3-1994 by Ord. No. 5681-94; 6-5-1995 by Ord. No. 5751-95]

Any person, partnership, firm or corporation violating any of the provisions of this article shall, upon conviction, be punished by one or more of the following:

[Amended 8-20-2002 by Ord. No. 6299-02]

A fine not exceeding $1,250.

Confinement in the municipal jail or in the county jail for a period not exceeding 90 days.

A period of community service not exceeding 90 days.

The minimum penalty or fine for the violation of any of the provisions of this article shall be $100.

[Amended 8-20-2002 by Ord. No. 6299-02]

Each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

[Amended 8-20-2002 by Ord. No. 6299-02]

In addition to the foregoing fines or penalties, any person, partnership, firm or corporation violating any of the provisions of this article within one year of the date of a previous violation of the provisions of this article shall be subject to be sentenced to an additional fine as a repeat offender. The additional fine shall not be less than the minimum nor exceed the maximum fine as set forth above and shall be calculated separately from the fine imposed for a violation of the provisions of this article.

[Amended 8-20-2002 by Ord. No. 6299-02]

The imposition of a penalty for a violation of this article shall not excuse the violation and shall not prevent the enforced removal of the prohibited conditions, and each day the prohibited condition continues shall constitute a separate offense.

Tenants.

[Amended 4-17-2000 by Ord. No. 6127-00]

Any tenant who receives a notice of eviction pursuant to Section 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results from zoning or code enforcement activity for an illegal occupancy, as set forth in Paragraph (3) of Subsection g of Section 2 of P.L. 1974, c. 49 (N.J.S.A. 2A:18.61.2), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner of the structure shall be liable for the payment of relocation assistance pursuant to this section. In addition to being required to pay reimbursement for relocation assistance, an additional fine shall be paid by the owner of the structure for each illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person.

In addition, after being afforded an opportunity for a hearing on the matter, an individual, partnership, corporation or any other entity convicted of a second or subsequent violation for an illegal occupancy shall be fined in an amount equal to the annual tuition cost of any resident of the illegally occupied unit attending a Clifton public school, which fine shall be recovered in a civil action by a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19 and the payment of the fine shall be remitted to the Clifton Board of Education.