[HISTORY: Adopted by the Borough of Rutherford Council 9-6-1978 by Ord. No. 2239-78. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 21 and Ch. 54.
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.
A. 
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.
B. 
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.
A. 
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.
B. 
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.
C. 
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; 12-28-2020 by Ord. No. 3539-20]
The said code established and adopted by this chapter is described and designated as the "International Property Maintenance Code/2018” as published by International Code Council, Inc.
[Amended 11-23-1993 by Ord. No. 2693-93; 12-28-2020 by Ord. No. 3539-20]
A copy of said International Property Maintenance Code/2018, similarly marked, has been placed on file in the Rutherford Building Department 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;[1] 2-1-1994 by Ord. No. 2698-94; 12-28-2020 by Ord. No. 3539-20]
The following sections of the code adopted under § 78-4 of this chapter are hereby revised or amended as hereafter set forth:
A. 
Section PM-101.1 shall include the "Borough of Rutherford" as the name of the jurisdiction applicable.
B. 
Section PM-106.4, 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."
C. 
Section PM-304.14, Insect screens, shall read as follows: "During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 24mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
D. 
Section PM 602.2, Residential occupancies, shall read as follows: "Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 70° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel burning space heaters be used, as a means to provide required heating."
E. 
Section PM 602.3, Heat supply, shall read as follows: "Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a minimum temperature of 70° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms."
F. 
(Reserved)
G. 
Section 602.4, Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 1 to maintain a minimum temperature of 65° F. (18° C.) during the period the spaces are occupied.
"Exceptions:
"1. Processing, storage and operation areas that require cooling or special temperature conditions.
"2. Areas in which persons are primarily engaged in vigorous physical activities."
[1]
Editor's Note: This ordinance also repealed former § 78-7, Deletions, and § 78-11, Violations and penalties, and provided for the renumbering of former §§ 78-8, 78-9 and 78-10 to become §§ 78-7, 78-8 and 78-9, respectively.
[Added 6-10-2024 by Ord. No. 3692-24[1]]
A. 
Definitions. The following terms shall have the meanings indicated below pursuant to N.J.S.A. 52:27D-437.16, as may be amended and which is incorporated by reference. Additional definitions as may be established by N.J.A.C. 5:28A-1.1 et seq. are incorporated by reference.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
B. 
Inspections by Borough. The Construction Code Official, a designee, or a certified lead evaluation contractor hired by the Borough shall inspect every single-family, two-family, and multiple-rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or by July 22, 2024, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this section. The Borough shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Borough, or designated certified lead evaluation contractor, in advance of any inspection, a fee sufficient to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this section.
C. 
Option for owner/landlord to hire lead evaluation contractor. The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of Subsection B instead of the Borough, or designated certified lead evaluation contractor conducting the inspection. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this section (except for the purposes of Subsection M).
(1) 
The Borough shall have the authority to conduct inspections or investigations of landlords or owners that directly hire lead evaluation contractors to ensure that periodic lead-based paint inspections are being performed.
(2) 
The Borough shall have the authority to prohibit an owner from directly hiring a lead evaluation contractor to conduct a periodic lead-based paint inspection in the following situations:
(a) 
An owner, who previously opted to hire a lead evaluation contractor to perform the periodic lead-based paint inspection failed to have the inspection completed; or
(b) 
The Borough determines there is a conflict of interest between the owner and their lead evaluation contractor of choice.
D. 
Consultation with local health board. The Construction Code Official, designee, or certified lead evaluation contractor responsible for inspecting single-family, two-family, and multiple-rental dwellings pursuant to this section may consult with the local health board, the State of New Jersey Department of Health, and/or the State of New Jersey Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
E. 
Exceptions for inspections. Notwithstanding any language in Subsection B to the contrary, a dwelling unit in a single-family, two-family, or multiple-rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(1) 
Has been certified to be free of lead-based paint;
(2) 
Was constructed during or after 1978;
(3) 
Is in a multiple dwelling that has been registered with the State of New Jersey Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.).
F. 
Remediation. If the Construction Code Official, designee, or certified lead evaluation contractor finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to Subsection B, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods approved in accordance with the provisions of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et seq.) Upon the remediation of the lead-based paint hazard, the Construction Code Official, designee, or certified lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Construction Code Official, or designated certified lead evaluation contractor, shall charge an additional fee sufficient to cover the cost for such additional inspection.
G. 
Lead-safe certification. If the Construction Code Official, designee, or certified lead evaluation contractor finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to Subsection B or following remediation of a lead-based paint hazard pursuant to Subsection F, then the Construction Code Official, designee, or certified lead evaluation contractor shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by Construction Code Official, designee, or certified lead evaluation contractor shall be valid for two years from the date of issuance.
H. 
Production of lead-safe certification. Beginning on July 22, 2024, property owners shall:
(1) 
Provide evidence of a valid lead-safe certification obtained pursuant to this section as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.), unless not required to have had an inspection by the Construction Code Official, designee, or certified lead evaluation contractor pursuant to Subsection E(1), (2), or (3);
(2) 
Provide evidence of a valid lead-safe certification obtained pursuant to this section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Construction Code Official, designee, or certified lead evaluation contractor pursuant to Subsection E(1), (2), and (3), and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
(3) 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by the Construction Code Official, designee, or certified lead evaluation contractor pursuant to Subsection E(1), (2), and (3).
I. 
Notification to Commissioner of Community Affairs. If the Construction Code Official, designee, or certified lead evaluation finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the inspector shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.8).
J. 
Inspection of Two- or three-dwelling units. If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two- or three-dwelling units, then the Construction Code Official, designee, or certified lead evaluation contractor shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The inspector may charge an additional fee sufficient to cover the cost of the inspection.
K. 
Fees.
(1) 
The Borough, or designated certified lead evaluation contractor, shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the periodic lead-based paint inspection.
(2) 
In addition to these fees, the Borough shall assess an additional fee of $20 per unit inspected for the purposes of the Lead Hazard Control Assistance Act (N.J.S.A.52:27D-437.1 et seq.) concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to this section shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this section shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4.
(3) 
In addition to these fees, the Borough shall assess an administration fee of $25.
L. 
Inspections as a result of testing of children six years of age or younger.
(1) 
If less than 3% of children tested in the Borough, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the State of New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the Commissioner (as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16), then the Construction Code Official, designee, or certified lead evaluation contractor may inspect a dwelling located therein for lead-based paint hazards through visual assessment.
(a) 
For a visual assessment, the Construction Code Official, designee, or certified lead evaluation contractor shall examine dwellings, in accordance with HUD guidelines and regulations at 42 U.S.C. § 4851b, for deteriorated paint or visible surface dust, debris, or residue on all painted building components, especially any walls, window, trim, and surfaces that experience friction or impact.
(2) 
If at least 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the State of New Jersey Department of Health pursuant to Section 5 of P.L.1995, c.328 (N.J.S.A. 26:2-137.6), or according to other data deemed appropriate by the Commissioner, then the Construction Code Official, designee, or certified lead evaluation contractor shall inspect a dwelling located therein through dust wipe sampling.
(a) 
For dust wipe sampling, the Construction Code Official, designee, or certified lead evaluation contractor shall collect samples by wiping representative surfaces, including floors, interior windowsills, and other similar surfaces, and testing, in accordance with methods approved by HUD.
(3) 
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two- or three-dwelling units, then the Construction Code Official, designee, or certified lead evaluation contractor shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The inspector may charge fees in accordance with this section for such additional inspections
M. 
Penalties. The Borough and the Construction Code Official, designee, or certified lead evaluation contractor shall be authorized to conduct investigations and issue penalties to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or this section. If the Borough or the inspector determines that a property owner has failed to comply with a provision of N.J.S.A. 52:27D-437.16 et seq. or this section regarding a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts. If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
[1]
Editor's Note: Pursuant to this ordinance, former §§ 78-7 through 78-9 were renumbered as §§ 78-8 through 78-10, respectively.
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.