[HISTORY: Adopted by the City Council of
the City of Trenton 9-7-1967 as § 12-19 of the Revised General
Ordinances. Amendments noted where applicable.]
A.
It is found and declared that there exists in the
City of Trenton structures used for nonresidential purposes which
are, or may become in the future, substandard with respect to structure,
equipment and maintenance; further that such conditions, including,
but not limited to, structural deterioration, lack of essential heating,
plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the City.
B.
It is further found and declared that by reason of
lack of maintenance and progressive deterioration, certain properties
have the further effect of creating blighting conditions and initiating
slums, and that if they are not curtailed and removed, such conditions
will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that by reason of timely regulations and restrictions as contained
in this chapter, the growth of slums and blight may be prevented and
the neighborhood and property values thereby maintained, the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
The purpose of this chapter is to protect public
health, safely, morals and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
nonresidential premises; establish minimum standards governing utilities,
facilities and other physical components and conditions essential
to make the aforesaid facilities fit for human habitation, occupancy
and use; fix certain responsibilities and duties upon owners and operators,
and distinct and separate responsibilities and duties upon occupants;
authorize and establish procedures for the inspection of premises;
and provide for the repair, demolition or vacation of premises unfit
for human habitation or occupancy or use. This chapter is declared
to be remedial and essential for the public interest and it is intended
that it be liberally construed to effectuate the purposes as stated
herein.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
Those structures or buildings upon which the prevalent land
use or business conducted therein is industry, commerce, office or
trade and not the provision or retail goods and services.
A structure adapted to permanent or continuous occupancy
or use for public, institutional, business, industrial or storage
purposes.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any device or condition likely to cause fire
and which is so situated as to endanger either persons or property.
The creation, maintenance or continuance of
any physical condition by reason of which there exists a use, accumulation
or storage of combustible or explosive material sufficient in amount
or so located or in such a manner as to put either persons or property
in jeopardy in event of ignition.
The obstruction to or of fire escapes, ladders
which may be used as escapes, stairways, aisles, exits, doors, windows,
passageways or halls, which are likely in the event of fire to interfere
with the operations of the Fire Department or of the safety and ready
egress of occupants.
All kitchen refuse of residences, hotels, restaurants or
other places where food is prepared for human consumption, and all
offal from fish, meat and vegetable markets, and all vegetable or
organic substances unfit for food that are subject to immediate decay.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any person who has charge, care or control of a premises
or a part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control as owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee, receiver or guardian of the
estate, or as a mortgagee in possession regardless of how such possession
was obtained.
All gas pipes, gas-burning equipment, water pipes, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes washing machines, catch basins, vents
and any other similar supplied fixtures, together with all connections
to water, sewer or gaslines, and water pipes and lines utilized in
conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the building or
structures thereon.
An enclosed space containing one or more toilets and one
or more lavatories or fixtures serving similar purposes.
All combustible and noncombustible waste materials, except
garbage; and shall include, but not be limited to, the residue from
the burning of wood, coal, coke and other combustible material, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, plastic or
other synthetic materials, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass crockery, abandoned automobiles and
dust.
Any combination of materials, whether fixed or portable,
forming a construction, including buildings.
The purchase and sale of goods or the provision of services
between businesses, municipalities, states and nations.
The supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by an opening to outer air through windows, skylights,
doors or stacks, with or without wind-driven devices.
Deterioration, decay or damage caused by exposure to the
elements.
Every building and the premises on which it
is situated shall comply with the provisions of this chapter, whether
or not such building has been constructed, altered or repaired before
or after February 19, 1970, and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the building
or premises for the construction or repair of the building, or for
the installation or repair of equipment or facilities prior to February
19, 1970.
This chapter establishes minimum standards for
the initial continued occupancy and use of all buildings and does
not replace or modify standards otherwise established for the construction,
repair, alteration or use of the building, equipment or facilities
contained therein.
In any case where the provisions of this chapter
impose a higher standard than that set forth in any other ordinance
or law, then the standards as set forth herein shall prevail, but
if the provisions of this chapter impose a lower standard than any
other ordinance or law, then the higher standard contained in such
other ordinance or law shall prevail.
No license or permit or other certification
of compliance with this chapter shall constitute a defense to any
violation of any other ordinance of the City applicable to any structure
or premises, nor shall any provision herein relieve any owner, operator
or occupant from complying with any such other provision, nor any
official of the City from enforcing such other provision.
A.
Owners and operators shall have all the duties and responsibilities as prescribed in § 56-9 and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereto by reason of the fact that the occupant is also responsible therefor and in violation thereof.
B.
Occupants shall have all the duties and responsibilities as prescribed in § 56-10 and all the regulations promulgated pursuant thereto, and the occupant shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation therefor by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
C.
Unless expressly provided to the contrary in this
chapter, the respective obligations and responsibilities of the owner
and operator on one hand, and the occupant on the other, shall not
be altered or affected by any agreement or contract by and between
any of the aforesaid or between them and other parties.
The following duties and responsibilities are
imposed on every owner and operator of any building covered by the
provisions of this chapter:
A.
The exterior of the premises and all structures thereon
shall be kept free of all nuisances and any hazards to the safety
of occupants, pedestrians and persons utilizing the premises, and
free of unsanitary conditions, and any of the foregoing shall be promptly
removed and abated by the owner or operator. The items prohibited
shall include, but not be limited to, brush, weeds, broken glass,
stump roots, obnoxious growths, filth, garbage, trash, refuse, debris,
dead and dying trees and limbs or other natural growth, loose and
overhanging objects, and ground surface hazards.
B.
Foundation walls shall be kept structurally sound,
free from defects and damage, and capable of bearing imposed loads
safely.
C.
Chimneys and all flue and vent attachments thereto
shall be maintained structurally sound, free from defects and maintained
at all times so as to capably perform the functions for which they
were designed. Chimneys, flues, gas vents or other draft-producing
equipment; shall provide sufficient draft to develop the rated output
of the connected equipment shall be structurally safe, durable, smoketight
and capable of withstanding the action of flue gases.
D.
Exterior porches, landings, balconies, stairs and
fire escapes shall be provided with banisters or railings properly
designed and maintained to minimize the hazard of falling, and they
shall be kept structurally sound, in good repair and free from defects.
E.
The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and all buildings thereon shall reflect a level of maintenance
in keeping with standards of the neighborhood.
F.
Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed.
G.
All permanent signs and billboards exposed to public
view permitted by reason of other ordinances or laws shall be maintained
in good repair. Any signs which have excessively weathered or faded
or those on which the paint has been excessively peeled or cracked
shall, with their supporting members, be removed forthwith or put
in a good state of repair by the owner of the sign.
H.
All display windows or storefronts constructed of
plate glass shall be kept clean and free of cracks, and no storage
shall be permitted therein unless shielded from public view.
I.
All storefronts shall be kept in good repair, painted
where required, and shall not constitute a safety hazard or nuisance.
In the event repairs to a storefront become necessary, such repairs
shall be made with the same, similar or comparable materials used
in the construction of the storefront in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a storefront
shall be kept painted where required, and in good repair.
J.
Except for "For Rent" and "For Sale" signs, any temporary
sign or other paper 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
within 60 days after erection, whichever shall occur first.
K.
Any awnings or marquees and their accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be maintained in good repair and shall not constitute
a nuisance or a safety hazard. In the event such awnings or marquees
are not properly maintained in accordance with the foregoing, they
shall, together with their supporting members, be removed forthwith.
In the event awnings or marquees are made of cloth, plastic or similar
materials, where exposed to public view the cloth or plastic shall
be maintained in good condition and shall not show evidence of excessive
weathering, ripping, tearing or other holes. Nothing herein shall
be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
L.
The exterior of any structure or accessory structure
shall be kept in good repair and painted where necessary for the purposes
of preservation and appearance. All surfaces shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration or inadequate
maintenance.
M.
Rest rooms shall be surfaced with waterproof floors
and shall be kept dry, clean and sanitary at all times. Sufficient
rest rooms shall be installed and maintained for each sex commensurate
with the use of the premises. Every rest room shall be provided with
a permanently installed artificial lighting fixture and a wall switch
therefor which is free from danger of short circuiting.
N.
All premises shall be properly connected to and provided
with electric power as requested for the operation of the structure.
All such connections and electrical equipment shall be installed and
maintained in conformity with the provisions of the Electrical Code
and other applicable ordinances.[1]
O.
Maximum fuse sizes consistent with safety shall be
posted conspicuously, and no fuse shall be installed in a fuse box
in excess of the stated maximum, except that owners and operators
shall not be responsible for violations in fuse installations without
their knowledge where the correct maximum is stated and the fuse box
is located within any part of the premises which is in exclusive possession
of the occupant who shall be responsible for such violations.
P.
It shall be the responsibility of the owner of a commercial
establishment to supply suitable trash containers of a minimum size
of 30 gallons at each entrance/exit to the establishment as a convenient
means for customers to dispose of discarded products that were purchased
within and to prevent the accumulation of trash and debris in front
and around said commercial property.
[Added 6-20-2002 by Ord. No. 02-53]
The following duties and responsibilities are
imposed on every occupant of any building covered by the provisions
of this chapter:
A.
Upon discovery by an occupant of any condition on
the premises which constitutes a violation of the provisions of this
chapter, (s)he shall first report it to the owner or operator, and
upon failure of the owner or operator to act in five days, then the
occupant shall immediately report the same to the Housing Inspector.
B.
All parts of the premises under the control of the
occupant shall be kept in a clean and sanitary condition.
C.
Storage bins, rooms and areas shall not be used for
the accumulation of garbage or refuse.
D.
Every occupant shall be responsible for the elimination
of infestation in and on the premises subject to his/her control.
E.
No occupant shall install electrical fuses in a fuse
box in excess of the posted limit.
A.
Required.
(1)
The owner of any commercial structure which is let
or rented to another for the purpose of conducting business therein
shall apply for a license for such structure on an application to
be provided by the Division of Housing Inspections and shall pay an
annual nonrefundable license fee of $120 per structure, plus $25 for
each individual business conducted within the structure. The owner
shall include in the application his/her home and business addresses,
day and evening telephone numbers, social security number and date
of birth.
[Amended 10-17-2013 by Ord. No. 13-47]
(2)
In the event the owner of the commercial structure
designates an agent to act on his/her behalf and/or in his/her stead,
including, but not limited to, accepting service of process and acting
as the attorney-in-fact in any hearing, the application shall also
include the agent's name, home and business addresses, day and evening
telephone numbers, social security number and date of birth. The day
telephone number where the owner or agent can be reached during regular
business hours shall be equipped with an answering service or device.
(3)
In the event the owner of the commercial structure is a corporation or entity other than an individual, the application shall include the names, home and business addresses, day and evening telephone numbers, social security numbers and dates of birth for all officers of the corporation or other entity and shall further include the foregoing information of the registered agent. The owner shall comply with the licensing provisions by March 1 of each calendar year. Failure to comply with this provision shall subject the owner to the penalties prescribed in § 132-88, in accordance with the provisions of Article IV of Chapter 132, Housing Standards.
B.
Display of decal.
(1)
Upon a determination by the Division of Housing Inspections that the owner and rental property are in compliance with all of the provisions of this chapter, including, but not limited to, Subsections A, C and E, a licensing decal will be issued for the commercial structure. This decal shall be prominently displayed within the commercial structure, and the license number shall be easily visible. Failure to display this decal shall be deemed by an officer or other employee of the City that the property is not licensed and the owner shall therefor be subject to the appropriate penalties as prescribed in Chapter 1, Article III, General Penalty, of the Code of the City of Trenton, and in accordance with the provisions of Article IV of Chapter 132, Housing Standards.
(2)
In the event of loss or destruction of the decal,
the commercial owner shall request a replacement decal from the Division
of Housing Inspections. The first replacement decal in any calendar
year shall be reissued at no cost. Subsequent replacement decals for
commercial structures in the same calendar year shall be reissued
at a cost of $20.
C.
Required inspections. All commercial structures shall be inspected once every five years to ensure compliance with the Commercial Structure Code. Food-handling establishments, which must be inspected once each year, are expressly exempt from the requirements of this provision. In addition, all vacant commercial structures shall be inspected prior to occupancy. Those persons who fail to comply with this requirement shall be subject to the appropriate penalties as prescribed in Chapter 1, Article III, General Penalty of the Code of the City of Trenton, and in accordance with the provisions of Article IV, of Chapter 132, Housing Standards.
D.
Failure to complete licensing process on due date. A late penalty of 1 1/2 times the cost of the license as set forth in Subsection A shall be imposed upon the owner for failure to complete the licensing process by March 1 of each calendar year. An additional penalty of 1 1/2 times the licensing fee shall be imposed on the first day of each month the licensing process remains incomplete.
E.
Taxes and other municipal charges. All completed applications
for licenses under this chapter shall have attached thereto a sworn
affidavit that property taxes have been paid through the preceding
quarter and that all water, sewer and any other municipal fees are
current and up to date.
F.
License revocation or suspension. Following a hearing in accordance with the provisions of Article IV of Chapter 132, Housing Standards, an owner who is found to be in violation of any of the provisions of this chapter shall be subject to revocation or suspension of the license by the Division of Housing Inspections and the imposition of the penalties prescribed in Chapter 1, Article III, General Penalty, of the Code of the City of Trenton.
G.
Nontransferable license. No license issued under this chapter shall be transferred by the owner. Upon the sale, conveyance or other transfer of title and/or possession of the commercial structure, the new owner shall apply for a new license not later than 30 days after the closing date of the sale or other transfer. The fee required for obtaining the new license shall be waived for the remainder of the licensing year. Thereafter, the new property owner shall adhere to the licensing and fee requirement of Subsection A of this chapter.
H.
Security measures. The Police Director and the Director
of Inspections shall have the discretion to require the owner of any
commercial structure to implement particular security measures where
they have received reports during the licensing year which indicate
that without such measures the property poses a risk to the safety
and welfare of its occupants and the surrounding community.
