[HISTORY: Adopted by the City Council of the City of Garfield 9-1-1970 by Ord. No. 1445 (Ch. 121 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Certificates of continued occupancy — See Ch. 105.
Uniform construction codes — See Ch. 114.
Dwelling certificates — See Ch. 128.
Unlawful dwellings — See Ch. 134.
Housing standards — See Ch. 181.
Moving permits — See Ch. 216.
Zoning — See Ch. 341.
[Amended 7-22-2008 by Ord. No. 2530]
Not more than one person over four years of age for each 125 square feet of floor space therein usable for living purposes shall live, sleep or otherwise occupy any dwelling unit.
[Added 2-1-1994 by Ord. No. 2143[1]]
No bedroom shall be utilized for sleeping purposes by more than two adult occupants. Every bedroom occupied or utilized for sleeping purposes shall be deemed to be a bedroom for the purposes of this Code section notwithstanding the fact that said room may be utilized for other purposes. Every said room occupied for sleeping purposes by one occupant shall be at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall be at least 50 square feet for each occupant thereof.
[1]
Editor's Note: This Ordinance also provided that this section shall be enforceable under the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and shall be enforced by the Fire Safety Officials in the City of Garfield as well as the Housing Inspectors, Zoning Officer and Police Department.
[Amended 7-23-2013 by Ord. No. 2662]
Within the limits of the City of Garfield no person, firm or corporation shall operate, conduct, carry on, lease or rent, or cause, permit or allow any property under his or its control to be used as, a boarding house, rooming house or other place or building used for sleeping purposes, as the same is hereinafter defined, or engage in the business of the operation of, or work in, occupy or directly or indirectly in any manner whatsoever utilize, such place unless and until there shall be granted a permit by a City of Garfield Zoning Officer in accordance with the terms of this chapter, and shall be in force and effect, a license so to do for the place and premises in or at which such use shall be conducted or carried on. A "boardinghouse," as per N.J.S.A. 55:13B-3, shall mean any building together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1), any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single-room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, and any facility or living arrangement operated by, or under contract with, any state department or agency, upon the written authorization of the Commissioner. A "rooming house" means a boardinghouse wherein no personal or financial services are provided to the residents.
Every licensed place or premises shall at all times comply with all of the terms and provisions of all of the ordinances of the City of Garfield and all of the statutes of the State of New Jersey in relation to the construction, maintenance and use of buildings or structures containing more than two dwelling or rooming units, including but not limited to the zoning ordinances, the Building Code, the Health Code, the Garbage Disposal Ordinance, the ordinances of the City establishing minimum heat requirements, the police ordinances,[1] the provisions of this chapter, the provisions of Chapter 66, L. 1962 (N.J.S.A. 40:48-2.12a et seq.), and the provisions of Chapter 76, L. 1967 (N.J.S.A. 55:13A-1 et seq.), as well as the regulations promulgated under the said Chapter 76 as provided for in N.J.S.A. 55:13A-7. The application for and issuance of a license hereunder shall constitute the consent of the applicant to an inspection of the entire licensed premises at reasonable times by the police, fire, health, zoning, building and other authorized agencies of the City of Garfield for the purpose of determining whether there is any violation on the rented place or premises of any ordinance of the City or of any law of the state.
[1]
Editor's Note: See Ch. 341, Zoning; Ch. 114, Construction Codes, Uniform; Ch. 260, Sanitation; Ch. 164, Garbage, Rubbish and Refuse; Ch. 181, Housing Standards.
A. 
Pursuant to N.J.S.A. 40:48-2.12f, the City Council may by resolution abate a nuisance, correct a defect or put any premises in proper condition so as to comply with the requirements of Chapter 76, L. 1967 (N.J.S.A. 55:13A-1 et seq.), or the rules and regulations promulgated by the Commissioner of the Department of Community Affairs under N.J.S.A. 55:13A-7, or in accordance with the provisions of any other applicable ordinance of the City or statute of the state, in order to protect the health, safety and welfare of the occupants of any dwelling space licensed under the terms of this chapter. The same shall be at the cost of the owner or lessor and shall be charged as a lien against the premises.
B. 
The Director hereinafter named is hereby designated by the City Council as its agent to administer and enforce this chapter and also to act as custodian on behalf of the City of any building or structure against which proceedings are brought by the City Council, and such Director hereinafter named is authorized to enter into and take charge of said premises and supervise abatement of the nuisance, correction of the defective condition or maintenance of the premises in the proper condition.
C. 
As to any premises which have not been licensed hereunder as provided in § 131-3 hereof and where no agent of the owner for said premises residing in the municipality has been designated by the owner or, if designated, cannot be located, service of any notice to or upon any owner, lessor and agent under any ordinance of the City or under any state law applicable to the City hereunder shall be sufficient notice to said owner or said lessor by posting it upon the premises in a conspicuous place.
D. 
Subject at all times to the ultimate control of the City Council, the Director hereinafter named is authorized and directed to require the administration and enforcement of this chapter by the other officers and employees of the City. The City Council may from time to time appoint or employ other officers and employees to administer and enforce this chapter.
[Amended 4-27-2004 by Ord. No. 2395]
A. 
The several enforcement authorities of the City, provided that said enforcement authorities are duly authorized and properly licensed by the State of New Jersey, are hereby authorized and directed to enforce the provisions of the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.), together with any rules and regulations promulgated thereunder by the Commissioner of the Department of Community Affairs including N.J.A.C. 5:10-1.1 et seq.
B. 
It shall be the duty of these local enforcement authorities to perform such inspections as may be required of the City pursuant to the agreement between the City and the Department of Community Affairs of the State of New Jersey under its State-Local Cooperative Housing Inspection Program in the enforcement of N.J.S.A. 55:13A-1 et seq. and the regulations for the maintenance of hotels and multiple dwellings, N.J.A.C. 5:10-1.1 et seq.
C. 
The compensation of the City shall be as provided for under the said State-Local Cooperative Agreement and shall be derived solely from the fees charged as provided by law and said agreement.
D. 
This chapter may also be enforced under the Uniform Fire Safety Act and by Fire Safety Officials, Housing Inspectors, Zoning Officer and Police Department. [1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the other regulations herein prescribed in licensed premises, each lavatory and bathroom shall have natural ventilation. Such licensed premises shall have a single general heating system, and no gas-burning appliances shall be permitted except only for cooking in rooming or dwelling units. All sidewalks, driveways, parking facilities, porches and entryways in any licensed premises shall be adequately lighted at least between one hour after sundown and 1/2 hour before sunrise. Every licensed premises shall be in charge of a custodian or caretaker who shall be responsible for the enforcement of and compliance with the terms of the several ordinances of the City of Garfield applicable to the licensed premises.
If and when it shall appear that any application for a license does not comply with this chapter or should for any reason be refused, or, having been issued, should be revoked, the Director hereinafter named shall refer the application or complaint to the City Council, who, after a hearing, on reasonable notice to the party affected, shall determine whether cause under this chapter or any other ordinance or law exists to refuse, suspend or revoke said license, in which case the license shall be refused, suspended or revoked, as the case may be.
A. 
There shall be charged and collected for the granting of the license hereunder, which license fee is imposed for and shall be a part of the general revenues of the City, a license fee per annum as follows: [1]
(1) 
Rooming units: $50 per unit.
(2) 
Dwelling units: $30 per unit for each unit more than two in any licensed premises.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Excepted from each such license fee shall be any one owner-occupied or custodian-occupied unit.
C. 
Said license fee shall be payable in advance for each year or part thereof. All said licenses shall expire on January 1 of each year, and as to any and all licenses issued hereunder, the fee therefor shall be prorated for the portion of the year then remaining.
For the purpose of the administration and enforcement of this chapter, there shall be created a board consisting of four members to be known as the "Environmental Control Commission." The members of said Commission shall be the Chief of the Fire Department, the Building Inspector, one member of the City Council and a fourth member who shall be the Director. The Chief of the Fire Department and the Building Inspector shall continue to hold said office on said Commission for the time being so long as they shall continue in their other offices. The member of the City Council on said Commission and the Director on said Commission shall be appointed by the City Council. The Director shall be appointed from among the other full-time officers or employees of the City of Garfield. The Councilmanic member of the Commission and the Director shall each hold office for terms of two years commencing on January 1, except that the first appointments hereunder shall be for an unexpired term ending January 1. In addition to the Commission, the City Council shall name 10 citizens as an advisory committee to aid and assist the Commission in the better administration of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing contained in this chapter is intended or shall be construed to in any manner whatsoever be less restrictive than Chapter 76, L. 1967( N.J.S.A. 55:13A-1 et seq.) or the rules or regulations promulgated thereunder, and in case any provision in this chapter is deemed to reduce any restriction imposed by said Chapter 76, L. 1967, or the rules and regulations promulgated thereunder, the restrictions under the said state Act shall control and the less restrictive provisions of this chapter shall be deemed to be modified accordingly.
[Amended 4-25-2006 by Ord. No. 2457; 4-12-2016 by Ord. No. 2734]
In addition to any other remedies or penalties provided by any other statute or ordinance, each day that a violation of the terms or provisions of this chapter shall continue shall constitute a separate offense. Any person, firm or corporation who shall violate any of the terms or provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following: a minimum fine of $1,500; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days. The court before which any conviction is had shall have the power to impose any fine or term of imprisonment not exceeding the maximum fixed herein. The minimum fine under this section shall not be applicable to violations under Chapter 105 for failure to obtain a continued certificate of occupancy or violations under Chapter 128 for failure to obtain a dwelling certificate.