[HISTORY: Adopted by the Borough of Rutherford
Council 9-6-1978 by Ord. No. 2239-78. Amendments noted where applicable.]
GENERAL REFERENCES
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."
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.
