[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 153.
Fire prevention — See Ch. 186.
Flood damage prevention — See Ch. 189.
Sewers — See Ch. 320.
Storm sewers — See Ch. 349.
Streets and sidewalks — See Ch. 361.
Water — See Ch. 407.
Zoning and land use — See Ch. 415.
Housing standards — See Ch. 452.
Individual sewage disposal systems — See Ch. 477.
Individual and semipublic water supplies — See Ch. 490.
[Adopted 4-14-1992 by Ord. No. 4-92 (Ch.
77, Art. I, of the 1974 Code)]
There is hereby established in the Borough of
Totowa the position of Housing Officer to be filled by appointment
by the Mayor and Council of the Borough of Totowa. Such Housing Officer
shall be and is hereby designated as the Officer to exercise the power
prescribed by this article.
Pursuant to the provisions of 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 article, and three copies of the same have been placed on
file in the office of the Borough Clerk and are available to all persons
desiring to use and examine the same.
The Housing Officer is hereby authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Borough
of Totowa in order that he may perform his 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 Housing Officer
is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units and premises. The
owner or occupant of every dwelling, dwelling unit and rooming unit,
or the person in charge thereof, shall give the Housing Officer 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 for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this article.
A.
Whenever the Housing Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this article, or of any rule or regulation adopted
pursuant thereto, he shall give notice of such alleged violation to
the person or persons responsible therefor as hereinafter provided.
Such notice shall be put in writing, include a statement of the reasons
why it is being issued, allow a reasonable time for the performance
of any act it requires and be served upon the owner or his agent,
or the occupant, as the case may require; provided that such notice
shall be deemed to be properly served upon such owner or agent, or
upon such occupant, if a copy thereof is served upon him personally;
or if a copy thereof is sent by registered mail to his last known
address; or if a copy thereof is posted in a conspicuous place in
or about the dwelling affected by the notice; or if he is served with
such notice by any other method authorized or required under the laws
of this state. Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
article and with rules and regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Mayor and
Council, provided that such person shall file in the office of the
Borough Clerk a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor within 10 days after
the day the notice was served. Upon receipt of such petition, the
Borough Clerk shall, upon the advice and consent of the Mayor and
Council, set a time and place for such hearing and shall give the
petitioner written notice thereof. At such hearing, the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 30 days after the day on which the petition was filed;
provided that, upon application of the petitioner, the Mayor and Council
may postpone the date of the hearing for a reasonable time beyond
such thirty-day period if, in its judgment, the petitioner has submitted
a good and sufficient reason for such postponement.
C.
After such hearing, the Mayor and Council shall sustain,
modify or withdraw the notice, depending upon its findings as to whether
the provisions of this article and of the rules and regulations adopted
pursuant thereto have been complied with. If the Mayor and Council
sustains or modifies such notice, it shall be deemed to be an order.
Any notice served pursuant to this article shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Borough Clerk within 10 days after such notice is served.
D.
The proceedings at such hearing, including the findings
and decision of the Mayor and Council, shall be summarized, reduced
to writing and entered as a matter of public record in the office
of the Borough Clerk. Such record shall also include a copy of every
notice or order issued in connection with the matter.
E.
Any person aggrieved by the decision of the Mayor
and Council may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this state.
Whenever the Housing Officer finds that an emergency
exists which requires immediate action to protect the public health
or safety, he may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. 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 Mayor and Council
shall be afforded a hearing as soon as possible. After such hearing,
depending upon its findings as to whether the provisions of this article
and of the rules and regulations adopted pursuant thereto have been
complied with, the Mayor and Council shall continue such order in
effect, or modify it, or revoke it.
The Housing Officer 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 article; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this article, nor
in anywise alter, amend or supersede any of the provisions thereof.
The Housing Officer shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Borough
Clerk of the Borough of Totowa.
No person shall occupy as owner 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 5-14-2002 by Ord. No. 09-2002]
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
by a fine not to exceed $1,250 for each offense or by imprisonment
for a term not to exceed 90 days, or a requirement of community service
for a period not to exceed 90 days. A separate offense shall be deemed
committed on the day on which a violation occurs and each day the
violation continues to occur.
[Adopted 1-11-2000 by Ord. No. 13-99 (Ch.
77, Art. II, of the 1974 Code)]
As used in this article, the following terms
shall have the meanings indicated:
As defined by the Uniform Construction Code.[1]
The holder or holders of the title to the premises in fee
simple or having charge, care or control of the premises, as owner
or agent of the owner or as executor or mortgagee in possession, regardless
of how such possession was obtained.
Any person residing with the consent of the owner in an apartment
or unit of housing space.
Any one of the following shall constitute an
"illegal apartment or unit":
A.
An apartment or unit for which no certificate of occupancy
or certificate of continuing occupancy has been issued.
B.
An apartment or unit which would exceed the number of units permitted under Chapter 415, Zoning and Land Use, or any approvals granted by a land use agency of the Borough.
C.
An apartment or unit which fails to meet the requirements
of any regulation affecting the health, safety and welfare of the
general public.
E.
An apartment or unit which the owner has permitted
occupancy thereof without obtaining therefor required plumbing, electrical
and building permits.
F.
Any other apartment or unit deemed by the Construction
Code Official or any governmental agency or by judicial decree to
be in violation of any state, county or municipal regulation.
A.
Unapproved occupancies of attics are prohibited.
B.
Any residential attic used for other than incidental
storage must meet the following criteria:
(1)
There shall be no kitchen or any semblance of same
(i.e., hotplate, refrigerator, food cabinets, sink).
(2)
Except for required fire exits, access to the attic
shall be through the unit below.
(3)
Under no circumstances shall the attic be offered
as a separate dwelling unit, rooming unit or independent rooming unit.
(4)
The attic must be an integral part of the unit below
and shall not be leased to any party that does not have full access
and rights to the unit below.
(5)
The attic area must have a valid certificate of occupancy.
(6)
All permits must be obtained and a certificate of
occupancy issued after final inspections.
A.
Unapproved occupancies of cellars and/or basements
are prohibited.
B.
Any residential basement or cellar used for other
than incidental storage must meet the following criteria:
(1)
Under no circumstances shall bedroom or sleeping quarters
be allowed in basements and/or cellars.
(2)
Except for required fire exits, access to the basement
or cellars shall be through the unit above.
(3)
Under no circumstance shall a basement and/or cellar
be utilized as separate dwelling unit, rooming unit or independent
rooming unit.
(4)
A basement and/or cellar must be an integral part
of the unit above and shall not be leased to any party that does not
have full access and rights to the unit above.
(5)
The basement and/or cellar area must have a valid
certificate of occupancy.
(6)
All permits must be obtained and a certificate of
occupancy issued after final inspections.
A.
No owner of real property shall rent an illegal apartment
as defined in this article of the Borough of Totowa or permit same
to be occupied by any tenant(s) or other person(s).
B.
In the case of displacement of any person(s) by enforcement
of this article or other applicable laws or regulations, any owner
of real property who, in violation of law or ordinance, rents an apartment
or unit to such person(s) shall pay to the Borough of Totowa all relocation
costs incurred pursuant to the Relocation Assistance Law of 1967,
N.J.S.A. 52:31B-1 et seq., and the Relocation Assistance Act, N.J.S.A.
20:4-1 et seq., upon presentation to the owner of a statement of such
relocation costs from the displaced tenant.
C.
In the event that the relocation costs to be paid
to the Borough of Totowa with regard to any parcel of real property
shall not be paid within 10 days after the date due, interest shall
accrue and be due to the Borough of Totowa on the unpaid balance at
the rate of 18% per annum until the costs and the interest thereon
shall be fully paid to the Borough of Totowa.
D.
In the event that the relocation costs to be paid
to the Borough of Totowa with regard to any parcel of real property
shall not be paid within 10 days after the date due, the unpaid balance
thereof and all interest accruing thereon shall become a lien on the
parcel. To perfect the lien, a statement showing the amount and due
date of the unpaid balance and identifying the parcel, which identification
may be sufficiently made by reference to the Assessment Map of the
municipality, shall be recorded with the Passaic County Register of
Deeds and, upon recording, the lien shall have the priority of a mortgage
lien.
E.
Alternatively, upon adjudication of liability hereunder
by a court of competent jurisdiction, the court may, in its discretion,
order the owner of the parcel of real property to pay directly to
the displaced tenant all relocation costs, for which the tenant has
not received payment from the Borough of Totowa, as required to be
paid pursuant to the Relocation Assistance Law of 1967, N.J.S.A. 52:31B-1
et seq., and the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq.
Any court order or judgment in this regard shall be considered to
be both in personam and in rem.
F.
In addition to paying damages as set forth in Subsections A to E above, the owner of the real property shall also return to the displaced tenant any security deposit, together with interest thereon, plus any rental payment required to be apportioned upon notification by the enforcement official that the illegal apartment or dwelling unit must be vacated.
G.
Any person who violates this section shall be subject
to the following fines:
(1)
For the first offense, a mandatory fine of $1,500
shall be imposed.
(2)
For the second offense, a mandatory fine of $3,000
shall be imposed.
(3)
For the third offense and all subsequent offenses,
a mandatory fine of $5,000 shall be imposed or imprisonment for a
time not to exceed 90 days, or both.
H.
For purposes of determining violations of this article,
each and every day of continued rental or occupancy shall be deemed
to be a separate and distinct violation.
I.
The provisions of this article shall be enforced by
all members of the Borough Police Department, the Construction Code
Official, the Code Enforcement Official and/or the Housing Officer
of the Borough of Totowa.
