[HISTORY: Adopted by the City Council of the City of Garfield 4-5-1966 by Ord. No. 1335 (Ch. 147 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dwelling certificates — See Ch. 128.
Dwelling and rooming units — See Ch. 131.
Unlawful dwellings — See Ch. 134.
Property maintenance — See Ch. 242.
Snow removal — See Ch. 280.
[Amended 5-20-1980 by Ord. No. 1723; 2-9-2016 by Ord. No. 2729]
The Construction Official, Fire Inspector and Illegal Housing Inspector of the City of Garfield are hereby designated as the officers to exercise the powers prescribed by this chapter, and they shall serve in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this chapter and three copies of the same have been placed on file in the office of the City Clerk and are available to all persons desiring to use and examine the same.
[Added 11-7-2007 by Ord. No. 2514]
As used in this chapter, the following terms shall have the meanings indicated:
ATTIC
Any space above the top floor dwelling unit.
BASEMENT
Any space below the habitable space located on the first floor of a dwelling.
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.
KITCHEN
Any room which may contain a sink, refrigerator, kitchen counter and cabinets and a cooking device, or any other combination of the above, which includes stoves, ovens, microwaves, convection ovens, electric grills, hot plates or any other device in which or on which food can be cooked.
[Added 11-7-2007 by Ord. No. 2514]
A. 
It shall be prohibited to construct or have a kitchen or kitchen facilities, sink or bathroom in the attic.
B. 
Attic spaces may not be used for sleeping areas unless they are approved by the Zoning Board of Adjustment and/or Planning Board and meet all requirements of the Uniform Construction Code. Any approved attic bedroom must be connected directly with the apartment below, without passing through a common hallway.
C. 
Basements shall not contain a kitchen and a bathroom except as follows:
(1) 
If a kitchen unit is installed, then only a partial bathroom with a sink is allowed with no shower or tub.
(2) 
If a bathroom is installed with a sink, toilet and shower, then no kitchen facilities will be allowed in a basement area.
D. 
Renovation of basements shall be restricted to one large habitable area, with no other habitable rooms. Storage rooms may be erected, provided that they remain unfinished without locking doors.
E. 
Bedrooms shall not be permitted in basements or areas below the first floor habitable area.
F. 
All basement areas must be attached directly to the dwelling unit above without passing through a common hallway, nor shall there be locking doors between the basement habitable area and the dwelling unit above.
[Added 11-7-2007 by Ord. No. 2514]
All previously approved basement and attic units which were approved prior to the adoption of this section shall be allowed to continue in use and shall be considered preexisting, nonconforming areas; provided, however, that this approval shall only be permitted if:
A. 
All building and construction permits were obtained and complied with at the time of construction; and
B. 
The Building Department records and tax assessment records confirm existence of this area.
[Added 11-7-2007 by Ord. No. 2514]
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, regarding abatement and removal, was repealed 11-7-2012 by Ord. No. 2639.
B. 
In no event shall a certificate of occupancy or continued certificate of occupancy be issued upon the transfer of title of any property if there are any violations of the above sections. In order to secure a certificate of occupancy or continued certificate of occupancy in order to effectuate transfer of title in accordance with the provisions of the Code of the City of Garfield, all work which was installed or performed without the required permits and approvals must be removed to the satisfaction of the Construction Official.
[Amended 5-20-1980 by Ord. No. 1723; 11-7-2012 by Ord. No. 2638; 12-9-2013 by Ord. No. 2676]
A. 
The Construction Official is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the City of Garfield in order that he or she may perform his or her duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections the Construction Official is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. If the owner or occupant denies the Construction Official access or entry to any dwelling, dwelling unit, rooming unit or premises located within the City of Garfield, the Construction Official or his or her authorized representative shall obtain a proper warrant or other remedy provided by law to secure entry.
B. 
Upon the issuing of a proper warrant, the owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the Construction Official free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times, subject to due process and the laws of the State of New Jersey, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
[1]
Editor's Note: Former § 181-4, Procedure for correction of violations, as amended 5-20-1980 by Ord. No. 1723, was repealed 11-7-2012 by Ord. No. 2639.
[Amended 5-20-1980 by Ord. No. 1723]
The Construction Official is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in anywise alter, amend or supersede any of the provisions thereof. The Construction Official shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the City of Garfield.
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No. 2457; 11-7-2007 by Ord. No. 2514; 11-7-2012 by Ord. No. 2639; 4-12-2016 by Ord. No. 2736; 2-13-2017 by Ord. No. 2759]
A. 
Enforcement.
(1) 
In the event that the Construction Official, Housing Official, Police Department, Health Department, Property Maintenance Officials, Fire Department or any other municipal enforcing agency has upon observation determined that in its opinion a violation of any section of the state building, fire, criminal or municipal ordinances has occurred, the parties are directed to issue a summons to the offending party.
(2) 
The investigative agencies, as noted in Subsection A(1), shall be directed to advise the offending party that each day the summons violation exists shall be deemed and constitute a separate offense, and that the effective enforcing official shall be directed to issue daily summonses from the date that the violation is discovered or determined through the date of court appearance.
B. 
The City Council reserves upon itself by resolution to annually amend the respective penalty provisions in every section of the Municipal Code and Ordinances of the City of Garfield.