[HISTORY: Adopted by the Borough of Rutherford Council 9-6-1978 by Ord. No. 2239-78. Amendments noted where applicable.]
Commercial property maintenance — See Ch. 21A.
Garbage, rubbish and refuse — See Ch. 40.
Housing Code — See Ch. 47.
Deposit and removal of materials — See Ch. 56.
Noise control — See Ch. 63.
Numbering of buildings and lots — See Ch. 63A.
Lighting of parking areas — See Ch. 66.
Snow removal — See Ch. 100.
Tent caterpillar control — See Ch. 116.
Trees and shrubbery — See Ch. 120.
Unfit dwellings — See Ch. 123.
Abandoned vehicles and junk — See Ch. 125.
It is hereby found and declared that there exist in the Borough of Rutherford structures used for residential and nonresidential use which are or may be in the future substandard with respect to structure, equipment or maintenance; or, further, that such conditions, including but not limited to structural deterioration, lack of maintenance of the appearance of the exterior of the premises, infestation, lack of essential heating, plumbing, storage space 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 Borough of Rutherford, New Jersey. It is further found and declared that by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighted conditions and initiating slums and that, if the same are not curtailed and removed, the aforesaid 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 herein contained, 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 the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, conditions and occupancy of residential and nonresidential premises; to 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; to fix certain responsibilities and duties upon owners, operators and occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for violations of this chapter; to provide for the right of access across adjoining premises to permit repairs; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use. This chapter is hereby declared to be remedial, preventive and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes as stated herein.
Every residential and nonresidential building, and the premises on which it is situated in the borough, used or intended to be used for a dwelling or for commercial, business or industrial occupancy shall comply with the provisions of this chapter, whether or not such buildings shall have been constructed, altered or repaired before or after the enactment of this chapter 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 and/or facilities prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building or the equipment or facilities contained therein, except as provided in the following subsection. Where there is mixed occupancy, residential or nonresidential use therein shall be, nevertheless, regulated by and subject to the provisions of this chapter.
In any case where the provisions of this chapter impose a standard higher than is set forth in any other ordinances of the borough or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinances of the borough or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
No certification of compliance with this chapter shall constitute a defense against any violation of any other ordinance of the borough applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision or any official of the borough from enforcing any such other provision.
[Amended 11-23-1993 by Ord. No. 2693-93]
A code regulating the establishment of minimum maintenance standards for all structures and premises within the borough is hereby established pursuant to P.L. 1946, c. 21, as amended, (N.J.S.A. 40:49-5.1 et seq.). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein, with additions, deletions and changes as hereinafter set forth.
[Amended 11-23-1993 by Ord. No. 2693-93]
The said code established and adopted by this chapter is described and designated as the "BOCA National Property Maintenance Code/1993, Fourth Edition," as published by the Building Officials and Code Administrators International, Inc.
[Amended 11-23-1993 by Ord. No. 2693-93]
Three copies of said BOCA National Property Maintenance Code/1993, Fourth Edition, similarly marked, have been placed on file in the office of the Clerk of the Borough of Rutherford upon the introduction of this chapter and will remain on file there for use and examination by the public until final action is taken on said chapter.
[Amended 11-23-1993 by Ord. No. 2693-93; 2-1-1994 by Ord. No. 2698-94]
The following sections of the code adopted under § 78-4 of this chapter are hereby revised or amended as hereafter set forth:
Section PM-101.1 shall include the "Borough of Rutherford" as the name of the jurisdiction applicable.
Section PM-106.2, Penalty, shall read as follows: "Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for term not to exceed 90 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense."
Section PM-304.12, Insect screens, shall read as follows: "During the period from April l to November l, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every swinging door shall have a self-closing device in good working condition. Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided that other approved means, such as air curtains or insect repellent fans, are employed."
Section PM-602.2, Residential buildings, shall read as follows: "Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 70º F. (20º C.) in all habitable rooms, bathrooms and toilet rooms when heat is required to be provided as outlined in Section PM-602.2.1."
Section PM-602.2.1, Heat supply, shall read as follows: "Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitories or guest rooms on terms, either expressed or implied, to furnish heat shall supply sufficient heat during the period from October 1 of each year to the next succeeding May 1 to maintain the room temperature specified in Section PM-602.2, during the hours between 6:00 a.m. and 11:00 p.m. of each day and not less than 65º F. (18º C.) during other hours."
Section PM-602-2.2, Room temperature exception, is hereby deleted.
Section PM-602.3, Nonresidential structures, shall read as follows: "Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 of each year to the next succeeding May 1 to maintain a temperature of not less than 65º F. (18º C.) during all working hours.
All penalties and money collected under any provision of this chapter or the code established herein shall be paid to the Treasurer of the Borough of Rutherford.
All ordinances or parts of ordinances inconsistent with any of the provisions of this chapter and the code established herein are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this chapter or the code established herein shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.