[Adopted 12-20-1960 by Ord. No. 3319 as Article 3 of Chapter 9 of the
Revised Ordinances of the City of Clifton, New Jersey, 1960; amended
in its entirety 11-4-1964 by Ord.
No. 3593]
[Amended 1-19-1971 by Ord. No. 4027-71]
A.
BASEMENT
BATHROOM (FULL)
BATHROOM (PARTIAL)
BUILDING
CELLAR
DETERIORATION
DWELLING
DWELLING UNIT
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
GARBAGE
HABITABLE ROOM
HAZARD
(1)
(2)
(3)
(4)
(5)
INFESTATION
KITCHEN
MIXED OCCUPANCY
MULTIPLE DWELLING
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
OCCUPANCY UNIT
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITION
OWNER
(1)
(2)
PARTIES IN INTEREST
PERSON
PLUMBING
PREMISES
PUBLIC AUTHORITY
PUBLIC OFFICER
REFUSE
ROOMING HOUSE
ROOMING UNIT
RUBBISH
STRUCTURE
SUPPLIED
TEMPORARY HOUSING
TRANSLUCENT
UTILITIES
WATER CLOSET COMPARTMENT
WEATHERING
WINDOW
WINDOW DISPLAY AREA
As used in this article, the following terms shall
have the meanings indicated:
A story partly underground and having more than 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. A basement may not be used for sleeping purposes.
A bathroom shall not be permitted in the basement unless the only
access to same is through an existing dwelling unit.
[Amended 6-5-1995 by Ord. No. 5751-95; 1-15-2002 by Ord. No. 6258-02; 5-18-2004 by Ord. No.
6410-04]
Any enclosed space which contains a bathtub or shower, a
lavatory and a sink or fixtures serving similar purposes.
[Amended 5-18-2004 by Ord. No. 6410-04]
Any enclosed space which contains a lavatory and a sink or
fixtures serving a similar purpose.
[Added 5-18-2004 by Ord. No. 6410-04]
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outbuildings and
appurtenances belonging thereto or usually enjoyed therewith.
A story partly underground and having more than 1/2 of its
clear height below the finished grade. A "cellar" 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, bathroom, stall shower, stove
and/or recreation room. A "cellar" may not be used for sleeping purposes.
[Amended 6-5-1995 by Ord. No. 5751-95]
The condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing as hereinafter defined shall not be regarded as a "dwelling."
Any room or group of rooms located within a building forming
a single habitable unit with facilities which are used, designed or
arranged to be used for living, sleeping, cooking and sanitary facilities.
A dwelling unit shall only be permitted to have one kitchen. If the
dwelling unit contains a basement, a full bathroom shall not be permitted
in the basement. A partial bathroom shall be permitted (a sink and
lavatory), provided the only access to same is through an existing
dwelling unit. If the dwelling unit contains an attic, a bathroom,
either partial or full, shall not be permitted in the attic.
[Amended 6-5-1995 by Ord. No. 5751-95; 7-20-1999 by Ord. No. 6072-99; 1-15-2002 by Ord. No. 6258-02; 5-18-2004 by Ord. No. 6410-04]
Any premises, or part thereof, which may be lawfully viewed
by the public, or any member thereof, from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighboring premises.
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.
The mineral, animal or vegetable or any other organic waste
resulting from the handling, preparation, cooking and consumption
of food or other products.
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.
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.
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.
The presence in, on or about a premises of any insects, rodents,
vermin or other pests.
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]
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.
Any dwelling containing more than one dwelling unit.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
The City Manager of the City of Clifton or his duly designated
and authorized agent or agents.
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.
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.
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.
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.
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.
Paid for, furnished or provided by or under the control of
the owner or operator.
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.
The property of admitting the passage of light but diffusing
it so that objects beyond it cannot be clearly distinguished.
Include electric, gas, heating, water and sewerage services,
and equipment therefor.
An enclosure containing a single water closet and a wash
basin supplied with hot water.
Deterioration, decay or damage caused by exposure to the
elements.
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.
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.
B.
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.
[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.
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.
[Amended 2-6-1968 by Ord. No. 3814; 11-18-1968 by Ord. No. 3884]
A.
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:
(1)
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
(2)
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.
B.
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.
A.
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."
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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.
[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Security requirements. The following provisions shall
apply to all buildings hereafter erected that may be classified a
residential occupancy:
(1)
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.
(2)
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.
(3)
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.
[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
[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:
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
F.
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]
(1)
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.
(3)
Such required minimum window area is located entirely
above the grade of the ground adjoining such window area.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
No owner shall occupy or let to any other occupant
any vacant dwelling unit unless it is clean, sanitary and fit for
human occupancy.
I.
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.
J.
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]
K.
Fences shall be kept in good repair.
[Added 6-1-1999 by Ord. No. 6054-99]
[Amended 10-19-1976 by Ord. No. 4364-76]
It shall be the duty and responsibility of the
owner:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
(1)
Refuse: brush, weeds, broken glass, stumps, roots,
obnoxious growths, filth, garbage, trash, refuse and debris.
(2)
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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]
N.
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.
O.
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.
P.
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.
Q.
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.
R.
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]
(1)
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.
(2)
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.
S.
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]
T.
To provide and maintain adequate runoff drains in
accordance with existing applicable codes.
[Added 4-21-1987 by Ord. No. 5162-87]
U.
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]
It shall be the duty and responsibility of the
occupant:
A.
To keep his dwelling, and the portion of the dwelling
and premises over which he has exclusive control, in a clean and sanitary
condition.
B.
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.
C.
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.
D.
To refrain from willfully or maliciously damaging
or permitting any member of his family to damage any part or portion
of the dwelling.
E.
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.
F.
To refrain from chopping wood or other material in
any dwelling.
G.
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.
H.
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.
A.
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.
B.
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.
C.
This permit shall be displayed in a conspicuous place
within the rooming house, at all times.
D.
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.
E.
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.
F.
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]
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.
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.
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.
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
[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:
A.
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.
B.
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:
(1)
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.
(2)
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]
(3)
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.
(4)
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.
C.
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.
D.
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]
E.
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.
F.
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.
G.
Supporting structural members shall be and shall be
kept and maintained structurally sound, free from deterioration and
capable of safely bearing imposed loads.
H.
Storage bins, rooms and areas shall be and shall be
kept and maintained free of accumulated garbage and rubbish unless:
(1)
Such rubbish is stored in watertight receptacles of
metal or other material approved by the enforcing officer and provided
with tight-fitting covers.
(2)
Such rubbish is stored in nonleaking receptacles of
metal or other material approved by the enforcing officer.
(3)
Such storage bins, rooms and areas are of smooth,
easily cleanable construction and are kept in a sanitary condition.
(4)
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.
[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:
A.
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.
B.
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.
C.
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.
D.
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.
[Added 1-19-1971 by Ord. No. 4027-71]
Except as hereinafter provided, it shall be
the duty and responsibility of the occupant to:
A.
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.
B.
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]
C.
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.
D.
Report to the public officer forthwith upon discovery
any condition on the occupied premises which constitutes a violation
of this article.
E.
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.
F.
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.
[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.
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.
[Amended 3-18-1993 by Ord. No. 5629-93]
A.
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.
B.
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.
C.
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]
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.
[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.
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:
A.
To administer oaths and affirmations, and to examine
witnesses and receive evidence.
B.
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.
C.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this
article.
D.
To delegate any of his functions and powers under
this article to such officers and agents as he may designate.
A.
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.
B.
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.
[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]
A.
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]
B.
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]
C.
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]
D.
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]
E.
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.
F.
Tenants.
[Amended 4-17-2000 by Ord. No. 6127-00]
(1)
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.
(2)
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.
(3)
For the purposes of this section, a "second or subsequent
violation for an illegal occupancy" shall be limited to those violations
that are new and are a result of distinct and separate zoning or code
enforcement activities, and shall not include any continuing violations
for which citations are issued by a zoning or code enforcement agent
during the time period required for summary dispossession proceedings
to conclude if the owner has initiated eviction proceedings in a court
of proper jurisdiction.
G.
In addition, any person, partnership, firm or corporation
who or which rents, leases or causes to be rented, leased or otherwise
occupied any dwelling unit in violation of any provision of this article
or any other articles of the Code of the City of Clifton which results
in the displacement of tenants shall be responsible for all relocation
costs as set forth in N.J.S.A. 20:4-6.1 et seq.