The Department of Environmental Protection of
the State of New Jersey, in particular, the Division of Environmental
Quality, Bureau of Air Pollution Control, has imposed certain restrictions
upon all incinerators employed within the State of New Jersey, and
the Mayor and Council of the borough through the various departments
of the borough have approved of the construction of various multifamily
dwellings within the borough and issued certificates of occupancy
therefor. The certificates of occupancy were issued upon the representation
that the multifamily dwellings would contain on-floor garbage disposal
units or chutes connected with a central disposal unit, and it is
deemed in the best interest of the citizens of the borough to continue
such on-floor garbage disposal.
As used in this article, the following terms
shall have the meanings indicated:
GARBAGE
Any putrescible animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
REFUSE
Putrescible and nonputrescible solid waste except body wastes,
including but not limited to garbage, rubbish and similar type of
wastes disposed of by residential abodes.
Any and all multifamily dwellings as defined
in the Building Code of the borough which upon the date of issuance
of the certificate of occupancy for the dwellings contained a central
garbage disposal unit with access thereto on each and every floor
or in the alternative central collection points on each floor or thirdly,
an incinerator with access on each floor shall continue to furnish
to the occupants of the multifamily dwelling on-floor garbage disposal
facilities whether same be access to a central incinerator system
as approved by the State of New Jersey, central garbage disposal unit
or individual on-floor receptacles as approved by the Board of Health.
The landlord of any multifamily dwelling which
shall discontinue or not continuously provide the on-floor garbage
disposal facilities as heretofore set forth shall have its certificate
of occupancy revoked and rescinded; provided, however, that a one-week
interruption of services for purposes of conversion shall be permitted.
The Building Subcode Official, upon complaint by any individual within
the borough that a landlord shall have discontinued the aforesaid
services for a period in excess of one week and upon good cause being
shown, shall revoke the certificate of occupancy of the landlord for
the building in question and any occupancy of the building shall be
deemed in violation of the Building Code of the borough as if the
certificate of occupancy had not heretofore been granted and that
the continued occupancy shall be a violation of the Building Code
of the borough as well as this article.
Any person found guilty of a violation of the provisions of this article shall be subject, in addition to the provisions herein set forth, to a fine as established in Chapter
1, Art.
III, §
1-17.