As used in this chapter, the following words shall
have the meanings indicated:
BASEMENT
A portion of a building located partly underground but having
less than 1/2 of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
BATHROOM
Any enclosed space which contains one or more of the following:
bathtub, shower, water closet, lavatory, water closet compartment,
wash bowl, sink or fixtures serving similar purposes.
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, including any outbuildings and appurtenances
belonging thereto or usually enjoyed therewith.
CELLAR
A portion of a building located partly or wholly underground
and having 1/2 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
DETERIORATION
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
DWELLING
Any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, provided that temporary
housing, as hereinafter defined, shall not be regarded as a dwelling.
DWELLING UNIT
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking or eating.
EXPOSED TO PUBLIC VIEW
Any premises or part thereof which may be lawfully viewed
by the public or any member thereof from a sidewalk, street, alleyway,
parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES
(1)
Any part of the premises not occupied by any
building thereon;
(2)
Any open space on the outside of any building;
or
(3)
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:
(1)
Any condition which may present an actual or
potential threat of combustion or of ignition.
(2)
Foundation walls which are not structurally
sound, free from defects and damage and capable of bearing imposed
loads safely.
(3)
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.
(4)
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.
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:
(1)
Any growth or accumulation of lumber, trash,
debris or vegetation, such as poison ivy, oak or sumac.
(3)
Any accumulation of brush, weeds, broken glass,
stumps, roots, obnoxious growths, filth, garbage, trash, rubbish,
refuse and debris of any description.
(4)
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.
OWNER
Any person, firm, association or corporation who or which,
alone or jointly or severally:
(1)
Shall have legal title to any premises with
or without accompanying actual possession thereof; or
(2)
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.
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.