Borough of Prospect Park, NJ Housing Standards

Any part of the premises not occupied by any building thereon;

Any open space on the outside of any building; or

Any part of any building which is exposed to the elements.

EXTERMINATION

The control and elimination of insects, rodents, vermin and other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, by spraying, by fumigating, by trapping or by any other recognized and legal method of pest elimination which may be approved by the Health Officer.

GARBAGE

The mineral, animal, vegetable or any other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

HAZARD

Any physical condition on or near the premises which may reasonably be deemed to be actually or potentially dangerous to human life or detrimental to the public health or safety, and shall include but is not limited to the following:

Any condition which may present an actual or potential threat of combustion or of ignition.

Foundation walls which are not structurally sound, free from defects and damage and capable of bearing imposed loads safely.

Chimneys, flue and vent attachments which are not structurally sound, free from defects and so maintained as to perform at all times the functions for which they were designed and constructed, it being required hereby that chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment and shall be structurally safe, sound, durable, smoketight and capable of withstanding the action of flue gases.

Exterior porches, landings, balconies, stairs and fire escapes which are not structurally sound and free of defects and damage and which are not provided with bannisters or railings properly designed and maintained and structurally sound and in good repair and which are not maintained in a well-painted condition or otherwise provided with a preservative treatment to prevent deterioration.

(5)

Any inadequately protected well, shaft, basement, excavation, abandoned motor vehicle, appliance or equipment, structurally unsound fence or building or other similar condition detrimental to the safety of persons.

INFESTATION

The presence in, on or about a premises of any insects, rodents, vermin or other pests.

MIXED OCCUPANCY

Any building containing one or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.

MULTIPLE DWELLING

Any dwelling containing more than one dwelling unit.

NUISANCE

Any public nuisance known in law or in equity or equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Prospect Park, including but not limited to the following:

Any growth or accumulation of lumber, trash, debris or vegetation, such as poison ivy, oak or sumac.

Sources of infestation.

Any accumulation of brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.

ORDINARY MINIMUM WINTER CONDITIONS

Dead and dying trees, limbs and other natural growth which, by reason of rotting or deterioration or storm damage, are or may be dangerous to persons, it being hereby required that trees shall be kept pruned and trimmed to prevent such conditions.

(5)

Loose, overhanging and projecting objects and accumulations of ice and snow which, by reason of location above ground level, are or may be dangerous to persons.

(6)

Holes, excavations, breaks, piles or heaps of material, ungraded fill, projections, obstructions and excretions of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking areas and other parts of the exterior of a premises which are accessible to and used by persons lawfully on the premises.

(7)

Accumulations of stormwater, it being hereby required that adequate runoff drains shall be provided and maintained in workable condition to eliminate recurrent accumulations of stormwater.

OCCUPANCY UNIT

Any room or group of rooms or part thereof forming a single usable unit used or intended to be used or designed to be used for nonresidential purposes and located within a building used or intended to be used or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.

OCCUPANT

Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit, and any person or persons having actual possession of or using or occupying an entire building or an occupancy unit in a building.

OPERATOR

Any person, firm, association or corporation who or which has charge, care or control of a building or part thereof containing dwelling or rooming or occupancy units, whether with or without the knowledge and consent of the owner.

The temperature of 15° F.

OWNER

Any person, firm, association or corporation who or which, alone or jointly or severally:

Shall have legal title to any premises with or without accompanying actual possession thereof; or

Shall have charge, care or control of any premises or part thereof as owner or agent of the owner or in a fiduciary capacity to the estate of the owner; and any such person, firm or corporation having or exercising such charge, care or control shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant thereto to the same extent as though he or it was the owner.

PARTIES IN INTEREST

Any persons, firms, associations or corporations who or which have an interest of record in a premises and any who may be in actual possession of all or a part thereof.

PERSON

Shall be given the same meaning for purposes of the construction and interpretation of this chapter as is assigned to said word by N.J.S.A. 1:1-2 and as the same may be amended and supplemented.

PLUMBING

Includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, sink tops and counters, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

PREMISES

A lot, tract, plot or parcel of land, whether or not the same has improvements situated thereon, and includes any improvements which may be situated thereon.

PUBLIC AUTHORITY

Any officer in charge of a department or branch of the Borough government, the activities of which relate to public health, fire, building or other matters concerning dwellings, buildings, structures and/or premises in the Borough, or the agent of any such officer.

PUBLIC OFFICER

The Construction Code Official or his duly designated and authorized agent or agents.

REFUSE

All putrescible and nonputrescible solid wastes, except body wastes, including but not limited to garbage, rubbish, ashes, street sweepings, dead animals, abandoned motor vehicles or parts thereof and solid market and industrial wastes.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.

RUBBISH

Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.

STRUCTURE

An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.

SUPPLIED

Paid for, furnished or provided by or under the control of the owner or operator.

TEMPORARY HOUSING

Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.

TRANSLUCENT

The property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.

UTILITIES

Includes electric, gas, heating, water and sewerage services and equipment therefor.

WATER CLOSET COMPARTMENT

An enclosure containing a single water closet and a wash basin supplied with hot water.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

WINDOW

An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.

WINDOW DISPLAY AREA

The inner surface of a window which is designed or used for the viewing of the interior of a building and for the display of items representative of any goods or services pertaining to the business conducted in said building.

Whenever the words dwelling, dwelling unit, occupancy unit, rooming house, rooming unit, premises, building or structure are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof"; and whenever describing or referring to any person, party, matter or thing any word importing the singular number or masculine gender is used, the name shall be understood to import and include the plural number or female gender and to apply to bodies corporate as well as to individuals and, wherever opposite, a word shall be deemed to have retroactive as well as prospective application.

§ 221-2 Enforcing officer.

The Construction Code Official of the Borough of Prospect Park is hereby designated and appointed as the Public Officer, who shall exercise the powers prescribed by and shall enforce the provisions of this chapter.

§ 221-3 Petitions; complaint; notice of hearing; Maintenance Committee.

Whenever a petition is filed with the Public Officer by a public authority or by at least five residents of the Borough charging that any building is unfit for human habitation or occupancy or use or whenever it so appears to the Public Officer on his own motion, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice which shall be served as provided in § 221-18.

The notice shall state:

That a hearing will be held before the Borough Maintenance Committee at a place therein fixed not less than 10 days nor more than 30 days after the service of said complaint.

That the owner and parties in interest shall have the right to file an answer to the complaint and to appear, in person or otherwise, and give testimony at the place and time fixed in the complaint.

That the rules of evidence prevailing in the courts shall not be controlling in hearings before the Borough Maintenance Committee.

The Borough Maintenance Committee shall be appointed by the Mayor and Council. The Committee shall include the Public Officer, a Councilman and a citizen of the Borough.

§ 221-4 Determination of condition; procedure.

If, after such notice and hearing, the Borough Maintenance Committee determines that the building under consideration is unfit for human habitation or occupancy or use, the Committee shall state, in writing, its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest, in the manner provided in § 221-18, an order requiring:

The repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or have said building vacated and closed within the time set forth in the order.

If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish said building within a reasonable time as specified in said order of removal.

If, after such notice and hearing, the Borough Maintenance Committee further determines that the electric wiring system in the building is defective and unsafe, it shall order and direct that the public utility company supplying electricity to the building discontinue such service until such electric wiring system is made to conform to the requirements of the National Electrical Code, revision of 1975, or such successor code as approved by the Commissioner of the Department of Community Affairs, pursuant to the authority of the State Uniform Construction Code Act.[1]

[1]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 221-5 Failure to comply with orders.

If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved or to be vacated and closed. The Public Officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."

If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.

§ 221-6 Payment of costs.

The amount of the cost of such repairs, alterations or improvements or vacating and closing or removal and demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof and the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter, determined in favor of the Borough, shall be municipal lien against the real property upon which such cost was incurred.

If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. The Public Officer shall credit against the cost of the removal or demolition of the building the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building.

If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or the custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail.

If the total of the credits exceeds such costs, the balance remaining, if any, shall be deposited by the Public Officer in the Superior Court of New Jersey and shall be secured in such manner as may be directed by such court. Said deposit in court shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court.

Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

Nothing in this section or in the preceding sections of this chapter shall be construed to impair or limit in any way the power of the Borough to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

§ 221-7 Relief from decisions and orders.

Any person aggrieved by the decision or any order of the Public Officer may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.

§ 221-8 Minimum standards for dwellings.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements:

Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the Health Officer.

Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin and a bathtub or shower in good working condition and properly connected to a water and sewer or septic system approved by the Health Officer.

Such water closet, lavatory basin and bathtub or shower shall be in good working condition and properly connected to a water and sewer or septic system approved by the Public Officer.

Every kitchen sink, lavatory, basin and bathtub or shower required under the provisions of Subsections A, B and C of this section shall be properly connected with both hot and cold waterlines. The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than four gallons per minute.

Every dwelling unit shall be supplied with adequate rubbish and garbage storage facilities and adequate disposal facilities. Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. At least one approved type of garbage receptacle shall be provided for each dwelling unit in accordance with §§ 221-12 and 221-13 of this chapter.

Every water closet, lavatory and bathtub or shower for each dwelling unit shall be accessible from within the building without passing through any part of any other dwelling unit.

Every dwelling shall have water-heating facilities supplied which are properly installed, are maintained in safe and good working condition, are properly connected with the hot waterlines required under the provisions of Subsection D of this section and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120° F.

Every dwelling unit shall have safe and unobstructed means of egress, every part of which shall be at least 30 inches in width, leading to safe and open space at ground level as required by the laws of this state and the ordinances of the Borough.

§ 221-9 Light, ventilation and heating requirements.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 10% of such room.

Every habitable room shall have at least one window or skylight which can easily be opened or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required in Subsection A of this section, except where there is some other device affording adequate ventilation supplied and approved by the Building Inspector.

Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Subsections A and B of this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the Public Officer.

Every habitable room shall contain at least three separate wall-type electric convenience outlets or two such convenience outlets and one ceiling or wall-type electric light fixture. Every such outlet and fixture shall be maintained in good and safe condition and shall be connected to the source of electric power. No temporary wiring shall be used, except extension cords which run directly from portable electrical fixtures to convenience outlets and which do not lie under rugs or other floor coverings nor extend through doorways, transoms or other openings through structural elements.

It shall be the duty of every person who shall have contracted, undertaken or shall be bound to heat or furnish heat for any building or portion thereof occupied as a home or place of residence of one or more persons to comply with the provisions of applicable law.

Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility room and all similar nonhabitable space located in a dwelling shall have either natural or artificial light available at all times, with an illumination of at least two lumens per square foot (two footcandles) in the darkest portions. Every portion of any interior or exterior passageway or stairway common to two or more families in a dwelling shall be illuminated by at least two lumens per square foot (two footcandles) in the darkest portion of the normally traveled stairs and passageways. In dwellings comprising two dwelling units, such illumination shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.

During that portion of each year when there are flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have screens supplied and a self-closing device. Every window or other device with openings to outdoor space used or intended to be used for ventilation shall likewise be supplied with screens.

Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively prevent their entrance.

Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors. Unvented portable space heaters burning solid, liquid or gaseous fuels shall be prohibited.

§ 221-10 Space and location requirements.

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

Every dwelling unit shall contain at least 150 square feet of floor space for each occupant thereof up to a maximum of two occupants and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable area.

In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.

No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

No room in a dwelling may be used for sleeping if the floor level of the room is lower than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room, unless the provisions of Subsection F hereof are complied with.

No basement space shall be used as a dwelling unit unless:

The floor level of rooms used for sleeping is less than 2 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of such rooms, and the floors and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness, and provided that the windows thereof are at least 15 feet from the nearest building or wall.

The total of window area in each room is equal to at least the minimum window area size as required in § 221-9A.

Such required minimum window area is located entirely above the grade of the ground adjoining such window area.

The total of openable window area in each room is equal to at least the minimum as required under § 221-9B, except where there is supplied some other device affording adequate ventilation and approved by the Public Officer.

§ 221-11 Safety and sanitary maintenance requirements.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodent-proof, shall be capable of affording privacy and shall be kept in good repair.

Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodent-proof and shall be kept in sound working condition and good repair.

Every inside and outside stair, porch and appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition and free from defects, leaks and obstructions.

Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is approved by the Public Officer.

No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

Every porch, balcony, roof and/or similar place higher than 40 inches above the ground used for egress or for use by occupants shall be provided with adequate railings or parapets. Such protective railings or parapets shall be properly balustraded and shall be not less than three feet in height.

Every building, dwelling, dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and other hazards to safety. Fences shall be kept in good repair.

[Amended 12-13-1995 by Ord. No. 1995-9]

No person, firm or corporation owning or occupying any property within the Borough of Prospect Park shall permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises, within 40 feet of a property line, so as to exceed a height of eight inches or to throw off any unpleasant or noxious odor or to conceal any filthy deposit or to create or produce pollen. Any grass, weeds or other vegetation growing upon any premises in the Borough in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough of Prospect Park.

[Added 12-13-1995 by Ord. No. 1995-9]

§ 221-12 Residential buildings: responsibility of owner for maintenance.

It shall be the duty and responsibility of the owner:

To keep every dwelling and every part thereof, including the roof; walls; floors; provided carpeting; ceilings; attics; halls; stairs; stairways; porches; plumbing; provided heating plants and provided fixtures and equipment for heating water, including chimneys and smoke pipes; doors; windows; foundations; and rubbish containers, in a state of sound repair and in a clean and sanitary condition.

To maintain such dwelling so there will not be excessive heat loss caused by lack of or improper maintenance of the doors, windows, walls, roofs or other parts of the building.

To refrain from shutting off or causing to have discontinued or disconnected provided utilities for any occupied dwelling, except where such interruption of utility service is necessary while in the actual process of making repairs or during temporary emergencies for which repairs are being arranged.

To keep the basement or cellar dry and ventilated. The floors of such basement or cellar shall be paved with brick, cement, tile, asphalt or some other impervious material. The side walls and ceilings of every basement and cellar shall be kept free from dampness. The basement or other cellar shall be kept clean and free from any accumulation of filth, ashes, garbage, rubbish, refuse, junk, soil matter, wood, paper and other material of a combustible or putrefactive nature, and, if not and request therefor is made by the Health Officer or his agent, the cellar shall be cleaned and disinfected. The use of any cellar for sleeping purposes is prohibited.

To keep side walls and ceilings of such dwelling, dwelling unit and every habitable room, hall, closet and compartment clean and well and sufficiently plastered, painted or papered so that the same may have clean, smooth and washable surfaces.

To keep the flooring of the halls, stairs and landing clean and free from filth, ashes, garbage, rubbish, refuse, junk, soil water, drainage water, slop, wood, paper and other material of a putrefactive or combustible nature and free from fire and accident hazards.

To keep the porches, stairways, landings, steps, floors, fire escapes, courts, yards, alleys, areaways, passageways and all surrounding exterior surfaces of any dwelling free from any accumulation of filth, ashes, garbage, refuse, junk, paper, wood, soil matter, waste matter, drainage and other material of a combustible or putrefactive nature. Such places shall at all time be kept free from fire and accident hazards.

In every dwelling in which the owner does not reside, to provide for a janitor, caretaker, housekeeper or other person designated by the owner, who shall at all times keep the court, yard, alley, areaway, sidewalk and other exterior surfaces clean and free from any accumulation of waste material. Garbage and all waste material shall be moved from such dwelling premises at regular intervals and at the convenience and collection schedule of the garbage removal agency of the Borough.

To maintain and keep chimneys, smokestacks, smoke pipes and flues and provided heating equipment of such dwelling free from defect and in such condition as to prevent coal or illuminating gas, soot, smoke or noxious fumes or odors from entering such dwelling, dwelling unit or habitable rooms or any dwelling or dwelling unit adjacent thereto.

To keep the roof, gutters, leaders, side walls, windows and window frames of such dwelling and every part thereof structurally sound and free from leakage of rainwater. All drainage therefrom shall be conveyed so as to prevent the dripping of such water upon the ground or onto property adjacent thereto.

To make and maintain the dwelling reasonably vermin-proof and rodent-proof and to exterminate the same. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the common parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

To keep and maintain structurally sound and free from any defects the exterior of the dwelling and the masonry walls, clapboards, sheathing, shingles, exterior studs, main cornices, foundation walls, wood sills, corner posts, wood plates, supporting rafters, roofing boards and coverings; the stoops and porches, flooring, railings and stair treads; the risers, posts, handrails, balustrades and newels; window sash frames, sills, stools and apron; the doors and door frames; the fire escape, floorings, railings, ladders, passageways, weights, chains, basket and stairs; and the joists and crossbeams of any dwellings and parts thereof of frame construction and parts subject to erosion and deterioration. Foundation walls shall be kept structurally sound and free from any defects.

To not permit any room in any dwelling to be used for sleeping purposes by one occupant if it contains less than 70 square feet of floor space nor any room occupied for sleeping purposes by more than one occupant if it contains less than 50 square feet of floor space for each occupant thereof.

To provide in every room and hall in every dwelling a window or skylight opening directly to the outer air. The total area of such window or skylight shall not be less than 10% of the floor area of such room. All windows and skylights shall be enclosed with glass and shall be provided with suitable hardware and sash cords and made to open to the extent of 5% of the floor area. Every dwelling, habitable room and hall shall be equipped with a safe artificial lighting service, and all electrical wiring, outlets and fixtures thereof shall be installed and maintained in accordance with the provisions of this chapter.

In every tenancy where the owner has furnished or has agreed to furnish window and/or door screens as a preventative against fly and mosquito infestation, to keep such screening in good and serviceable condition at all times for the benefit of the occupant.

In all dwellings to be hereafter constructed, to provide the occupant of every dwelling with adequate window and door screens and to maintain the same in good and serviceable condition at all times.

In dwellings containing four or more dwelling units, to furnish such receptacles outside the rooming units as are needed for the storage of garbage and rubbish until removal from the premises.

To maintain the exterior of every building, structure or appurtenance thereto in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be and shall be kept and maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influence.

§ 221-13 Residential buildings: responsibility of occupant for maintenance.

It shall be the duty and responsibility of the occupant:

To keep his dwelling and the portion of the dwelling and premises over which he has exclusive control in a clean and sanitary condition.

To place all garbage and refuse in proper legal containers supplied by himself or provided by the owner for such purposes. In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish the receptacles outside the dwelling unit as are needed for the storage of garbage and rubbish until removal from the premises.

Of a dwelling comprising a single-dwelling unit, to be responsible for the extermination of any insects, rodents or other pests therein or on the premises, and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner.

To refrain from willfully or maliciously damaging or permitting any member of his family to damage any part or portion of the dwelling.

To refrain from using any fuel which, by its combustion, may cause smoke and the rapid discoloration of side walls and ceilings of the dwelling.

To refrain from chopping wood or other material in any dwelling.

To maintain plumbing fixtures used by himself or his family in a clean and sanitary condition. No occupant shall knowingly, willfully or maliciously deposit or permit any member of his household to deposit any material in any fixture which would result in stoppage of or damage to the fixture.

To refrain from using any room containing less than 70 square feet of floor space for sleeping purposes for one occupant and to refrain from using any room occupied for sleeping purposes by more than one occupant if it contains less than 50 square feet of floor space for each occupant thereof.

§ 221-14 Minimum standards for nonresidential buildings.

No person shall occupy or let to another for occupancy any building or occupancy unit, for use for nonresidential or other than dwelling purposes, which does not comply with the following requirements:

The premises, both interior and exterior, shall be and shall be kept and maintained free of litter, including, without limiting the generality of the foregoing, discarded, windblown, deposited or dropped or strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass; free of all foreign materials defacing any surface thereof; free of any nuisances or hazards as the same are defined in this chapter; and free of unsanitary conditions, it being hereby required that any of the foregoing shall be promptly removed and abated.

The exterior of the premises shall be and shall be kept and maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Borough of Prospect Park and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:

There shall not be stored or used any equipment and/or materials relating to commercial or industrial uses at a location visible from the street, sidewalks or other public areas or exposed to public view unless permitted under the Zoning Ordinance for the premises.

The landscaping of premises shall be and shall be kept and maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect and depreciating adjoining and nearby property. Open areas shall be graded to eliminate holes, depressions, gullies, mounds, accumulators of debris or other unsightly or unsafe conditions. Walkways and driveways shall be and shall be maintained unobstructed and free of holes, depressions and gullies.

All permanent signs and billboards exposed to public view permitted by Chapter 235, Land Development, and regulated by the Building Code or other regulations or as a lawful nonconforming use shall be and shall be kept and maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.

All windows exposed to public view shall be kept and maintained clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened by drapes, venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.

(5)

Except for "for rent" signs, any temporary sign or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it was erected or posted or within 30 days after it was erected or posted, whichever shall have occurred sooner.

(6)

Not more than 10% of the area of any window shall at any given time be used for the display of any sign or signs or other advertising or printed material glued or otherwise attached to said window.

(7)

All storefronts and the exteriors of all buildings shall be and shall be kept and maintained in good repair and painted where required or otherwise provided with protective treatment sufficient to prevent deterioration and shall not constitute a safety hazard or nuisance. In the event that repairs to a storefront become necessary, such repairs shall be made in harmony with the original design with the same materials or materials of appearance similar to those used in the construction of the storefront in such a manner as permanently to repair the damaged area or areas.

(8)

Any awning or marquee, with its accompanying structural members, which extends over any street, sidewalk or other portion of the premises shall be and shall be kept and maintained in good repair and shall be so maintained as not to constitute a nuisance or hazard. In the event that any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain.

(9)

No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place after completion of work or beyond a period of three months after erection or placement thereof without the permission of the Public Officer.

The exterior of every building, structure or appurtenance thereto shall be maintained in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance. All exterior surfaces thereof shall be and shall be kept and maintained free from broken glass, loose shingles or siding, crumbling masonry, excessively peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influence.

Any means of access to the roof of any building shall be and shall be kept and maintained in good and safe condition and repair, and the Public Officer may, upon determining that access to the roof or the means of any such access has become dangerous to life or limb by reason of the condition of the roof, lack of railings, inadequate parapets, loose materials or other conditions creating a hazard, direct the owner or operator of the premises to lock or otherwise bar access to the roof; provided, however, that the Public Officer shall first have determined that such action will not block necessary fire escape routes or access by the Fire Department in case of emergency.

Floors shall be and shall be kept and maintained in a structurally sound condition and capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be free of hazards.

Bathroom and water closet compartment floors shall be surfaced with water-resistant material and shall be and shall be kept and maintained in a dry, clean and sanitary condition at all times.

Supporting structural members shall be and shall be kept and maintained structurally sound, free from deterioration and capable of safely bearing imposed loads.

Storage bins, rooms and areas shall be and shall be kept and maintained free of accumulated garbage and rubbish unless:

Such rubbish is stored in watertight receptacles of metal or other material approved by the enforcing officer and provided with tight-fitting covers.

Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.