[HISTORY: Adopted by the Borough Council of the Borough of Hampton 12-27-1983. Amendments noted where applicable.]
This chapter may be known and referred to as the "Hampton Borough Housing Code."
There is hereby adopted a Housing Code for the Borough of Hampton. The substantive provisions of said code are as set forth in Article II of this chapter.
[Amended 11-9-1992 by Ord. No. 14-92]
The Hampton Borough Board of Health is hereby designated as the body to exercise the powers prescribed by virtue of this chapter. Said Board shall be empowered to designate individual inspectors to enforce the provisions of this chapter in accordance with its existing procedures. Said Board may also retain from time to time licensed or otherwise qualified plumbers, electricians, building contractors and the like to carry out its inspection functions and may call upon the Borough Construction Official and Subcode Officials, as well as the County Board of Health, for technical assistance.
The Hampton Borough Board of Health is hereby authorized to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough of Hampton in order that it may perform the duty of safeguarding the health and safety of the occupants of dwellings and of the general public. Such inspections shall be made only if the Board of Health has some reason to believe that a violation of the Housing Code exists. The Board shall have reason to believe a violation exists upon the written complaint of any person alleging such violation or in emergency circumstances upon the verbal complaint of any person. The Board may, however, decline to make an inspection if it believes such complaint is unfounded or if the alleged violation is unsubstantial. For the purpose of making such inspections, the Hampton Borough Board of Health is hereby authorized to enter, examine and survey, at all reasonable times, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the Hampton Borough Board of Health or its inspector free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter. As used herein, and absent emergent circumstances, "reasonable times" are those times that are convenient to both the Board of Health inspector and the owner or occupant. A reasonable time is when the owner and/or occupant is normally at home but not normally asleep.
Whenever the Hampton Borough Board of Health or its inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, it shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing; include a statement of the reasons why it is being issued; allow a reasonable time for the performance of any act it requires; and be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally or if a copy thereof is sent, by certified mail, return receipt requested, to his last known address and if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized and required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Hampton Borough Board of Health, provided that such person shall file in the office of the Hampton Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Hampton Borough Board of Health shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Hampton Borough Board of Health may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the Hampton Borough Board of Health shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Hampton Borough Board of Health sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Hampton Borough Clerk within 10 days after such notice is served. The proceedings at such hearing, including the findings and decisions of the Hampton Borough Board of Health, shall be summarized, reduced to writing and entered as a matter of public records in the office of the Hampton Borough Clerk. Such records shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Hampton Borough Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state, or appeal such decision to the Hampton Borough Council as provided in § 147-8.
Whenever the Hampton Borough Board of Health finds that an emergency exists which requires immediate action to protect the public health or safety, it may, upon consultation with and informal approval by any appropriate official of the County Board of Health, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Hampton Borough Board of Health, shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Hampton Borough Board of Health shall continue such order in effect or modify it or revoke it.
Any person aggrieved by a decision of the Hampton Borough Board of Health under this chapter may, in addition to any other remedies, have such decision reviewed by the Hampton Borough Council. Such review shall be obtained by filing with the Hampton Borough Clerk a notice of appeal, in writing, setting forth a brief statement of the grounds for such appeal. A notice of appeal must be filed within 10 days of the date the Board of Health makes its decision. Upon receipt of such notice of appeal, the Borough Council shall hold a hearing on the appeal no later than the second regularly scheduled Borough Council meeting following the date the notice of appeal is filed. The Borough Council may, however, meet in special session before such time if it so desires. The hearing shall consist of a review of the findings made by the Board of Health and arguments concerning the same. The Borough Council may remand the appeal to the Board of Health for further findings or supplement the record by hearing other evidence. The Borough Council may affirm, reverse or modify any decision under review. Any person aggrieved by the decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction.
The Hampton Borough Board of Health is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter, nor in any wise alter, amend or supersede any of the provisions thereof. The Hampton Borough Board of Health shall file a certified copy of all rules and regulations which it may adopt in its office and in the office of the Hampton Borough Clerk.
No person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the Hampton Borough Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Amended 11-9-1992 by Ord. No. 14-92]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $2,000, imprisonment in the county jail for a period of not to exceed 90 days and/or a period of community service not to exceed 90 days.
The provisions of this code shall constitute the standards to guide the Hampton Borough Board of Health or its agents in determining the fitness of a building for human habitation, use or occupancy.
The words, terms or phrases listed below for the purpose of this code shall be defined and interpreted as follows:
- ADMINISTRATIVE AUTHORITY
- The Hampton Borough Board of Health or its agents.
- Any building or structure or part thereof used for human habitation, use or occupancy, and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
- A building or structure or part thereof containing one or more dwelling units or lodging units.
- DWELLING UNIT
- Any room or group of rooms or any part thereof located within a building and forming a single habitable unit, with facilities which are used or designed to be used for living, sleeping, cooking and eating.
- The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
- HABITABLE ROOM
- A room or enclosed floor space within a dwelling unit used or designed 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.
- The presence, within or around a building, of any insects, rodents or other pests.
- A room with conveniences for washing, which may include sinks, tubs, showers, toilets, wash basins and the like.
- LODGING HOUSE
- Any building or that part of any building containing one or more lodging units, each of which is rented by one or more persons not related to the owner.
- LODGING UNIT
- A rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
- Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.
- Any person properly authorized to exercise powers of, or for an owner of property for purpose of, its purchase, sale, use, occupancy or maintenance.
- The same meaning as defined in N.J.S.A. 1:1-2.
- PLUMBING FIXTURES
- Includes all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
- Includes all combustible and noncombustible waste material, except garbage.
- The absence of conditions that are hazardous to human health.
- Includes electric, gas, heating, water and sewerage services and equipment therefor.
Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards as set forth in Potable Water Standards, as published by the New Jersey State Department of Health and Senior Services.
The source of such water supply shall be approved by the New Jersey State Department of Health and Senior Services and/or the County Board of Health.
The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall not be less than one gallon per minute.
In the case of change of occupancy of any building with a private water supply, no owner shall lease, sell or otherwise permit occupancy for any purpose of that building without first obtaining from the Board of Health a certificate evidencing that the private water supply meets the standards set forth in Potable Water Standards, as published by the New Jersey Department of Health and Senior Services. This certificate will be granted upon proof that the private water supply has been tested by a laboratory certified by the State of New Jersey for such purposes and shall be made within three months of the sale, lease or change in occupancy of said building.
[Added 10-24-1994 by Ord. No. 11-94]
Every dwelling unit shall contain a kitchen sink of nonabsorbent impervious material, at least one flush-type water closet, a lavatory and a bathtub or shower, available only for the use of the occupants of that dwelling unit.
Every lodging house shall be provided with a minimum of one flush-type water closet, a lavatory and a bathtub or shower for every eight persons or part thereof.
Every water closet, lavatory and bathtub or shower for each dwelling unit or lodging house shall be accessible from within the building without passing through any part of any other dwelling.
Every plumbing fixture shall be connected to water and sewer systems approved by the County Board of Health and shall be maintained in good working condition.
Every kitchen sink, lavatory and bathtub or shower required by this code shall be connected to both hot and cold waterlines.
Every dwelling shall have water-heating facilities which are installed and maintained in good and safe working condition, connected with the hot waterlines required under the provisions of Subsection E of this section, and capable of delivering water at a minimum temperature of not less than 120° F.
Every kitchen sink, lavatory, bathtub and shower shall be maintained so as to prohibit penetration of water or moisture into adjoining floors or walls.
Garbage or other organic waste shall be in watertight receptacles capable of being closed tightly, of sufficient size or number to prevent overflow and of sufficient strength to prevent unwanted discharge. Such receptacles shall be provided for each dwelling unit in accordance with § 147-23I of this article.
Rubbish shall be stored whenever possible in receptacles or metal or other suitable material. Rubbish which cannot be stored in receptacles will be confined to an area out of public view and in such a manner that it shall not create a hazard to public health and safety. At least one rubbish receptacle shall be provided for each dwelling unit in accordance with § 147-23I of this article.
Every habitable room shall have at least one window or skylight facing directly to the outdoors.
Every dwelling shall be provided with electric service.
Every habitable room shall contain at least two separate wall-type electric convenience outlets or one such convenience outlet 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. No permanent or temporary wiring shall be installed so as to visibly extend along interior walls or floors.
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 staircase in a dwelling unit shall be capable of being illuminated naturally or artificially at all times with an illumination of at least two lumens per square foot (two footcandles) in the darkest portion of the normally traveled stairs and passageways. In dwellings comprising two or more dwelling units, such illumination shall be required at all times except if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
Every bathroom and water closet compartment shall have either natural or artificial light available at all times, with an illumination of at least three lumens per square foot (three footcandles). Such light shall be measured 36 inches from the floor at the center of the room. Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.
Artificial ceiling or wall lighting for work areas involving stoves, refrigerators, dryers, washing machines, trash compactors, dishwashers, water supply fixtures and water containers shall be controlled by a wall switch located in a way that avoids the danger of electrical hazards.
All convenience outlets and wall switches shall be maintained to prohibit entry of all foreign objects into the electrical box behind the cover or into the wiring leading to the outlet.
Means of ventilation shall be provided for every habitable room, lavatory, water closet compartment and bathroom. Such ventilation may be provided either by an easily operable window, skylight or exhaust fan.
A means of ventilation shall be provided for every clothes dryer. Such ventilation shall direct air flow to the exterior of the building and shall be so constructed so as to prohibit entry of rodents, vermin and insects.
Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments located therein to a temperature of at least 70° F. when the outside temperature is 0° Fahrenheit. The temperature shall be read at a height of three feet above floor level at the center of the room.
Every permanent heating device, except electrical, shall be properly vented to a chimney or duct leading to outdoors.
Every dwelling with a central heating unit shall have a disconnecting switch located remotely from the heating unit. If the central heating unit is located in the basement, the disconnecting switch shall be at the top of the basement stairway. If the unit is located on a ground level floor, the disconnecting switch shall be located near an exit door to the outside. In either case, the disconnecting switch shall be clearly marked as to its purpose.
[Added 4-22-1996 by Ord. No. 6-96]
Every dwelling, dwelling unit or lodging unit shall have safe and unobstructed means of egress. Such means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
A room located below the level of the ground but with the floor level less 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 may be used for sleeping purposes so long as a safe and unobstructed means of egress leading directly to an outside area accessible to a street is provided.
Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be kept in good repair and capable of the use intended by its design, and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well painted.
Every inside and outside stairway, every porch and every 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 stairway having three or more steps shall be properly banistered and safely balustraded.
Every porch, balcony, roof and/or similar place higher than 30 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 be not less than three feet in height.
Every roof, wall, window, exterior door and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
Every foundation, floor and wall of a dwelling shall be free from chronic dampness not attributable to severe weather conditions.
Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodentproofing may be required by the Hampton Borough or Hunterdon County Board of Health. Rodent and vermin extermination shall be carried out in accordance with § 147-23K of this chapter.
Every building, dwelling, dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and hazards to safety. Fences shall be kept in good repair.
Dead and dying trees, limbs or other natural growth which, by reason of deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof shall be removed, pruned or trimmed to correct such conditions.
Holes, excavations, breaks, refuse projections, obstructions and excretions of pets and other animals on paths, walks, driveways, parking lots, parking areas and other parts of the premises which are accessible to and used by persons on the premises shall be considered a ground surface hazard. All such ground surface hazards shall be cleared, filled and/or repaired. Walks and steps shall be replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
Lawns, hedges, trees and bushes shall be kept trimmed and free from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property or constituting a hazard to the public health or safety.
The administrative authority may order the owner to clean and repair walls or ceilings, when a wall or ceiling within a dwelling has deteriorated so as to provide a harborage for rodents or vermin or when such a wall or ceiling has become stained or soiled or the plaster, wallboard or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in § 147-23F of this chapter.
Every water closet compartment floor and bathroom floor shall be constructed and maintained as to be reasonably impervious to water so as to permit such floor to be kept in a clean condition.
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof 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 room area, excluding any part of the room where the ceiling height is less than five feet.
No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this chapter to be removed from, shut off or discontinued in any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is authorized by the administrative authority. In the event that any service or utility which the owner has agreed to supply is discontinued, the owner shall take immediate steps to cause the restoration of such service or utility.
The owner of a dwelling located in an area found by the administrative authority to be infested by rats, insects or other vermin shall carry out such rat stoppage, verminproofing or other means of preventing infestations of said dwellings as may be required by the Hampton Borough or Hunterdon County Board of Health.
No owner shall occupy or let to an occupant any vacant dwelling unit or lodging unit unless it is clean and sanitary.
Every owner of a dwelling containing two or more dwelling units or lodging units shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwellings and premises thereof.
It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in Subsections G and H of this section or not otherwise prohibited by municipal ordinances shall be done in an orderly manner so as to not constitute a health, safety or fire hazard.
Every occupant of a dwelling shall keep in a clean and sanitary condition that part of the dwelling which he occupies and controls.
Every occupant of a dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents by placing it in the garbage disposal facilities or garbage storage receptacles required by § 147-16A of this chapter.
Every occupant of a dwelling unit shall dispose of all his rubbish in a clean sanitary manner by placing it in the rubbish containers required by § 147-16B of this chapter.
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. In lodging houses and in dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the lodging units or dwelling units as are needed for the storage of garbage and rubbish until removal from the premises.
Every occupant of a dwelling unit in a dwelling containing no more than three dwelling units shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage and rubbish from the premises each week in accordance with such regulations of this municipality for the collection of garbage and rubbish. Every owner of a dwelling containing four or more dwelling units shall be responsible for the periodic removal of all garbage and rubbish from the premises each week in accordance with such regulations of this municipality for the collection of garbage and rubbish that may apply or in accordance with such state standards as may be applicable.
Every occupant of a dwelling comprising a single dwelling unit shall 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 ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. 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.
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
In dwellings containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
Every owner of a dwelling who permits to be occupied any dwelling unit or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof shall supply heat adequate to maintain therein a minimum inside temperature of 70° F. in all habitable rooms, bathrooms and water closet compartments.
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever two or more dwelling units or lodging units are heated by a common facility.
The owner shall be responsible for compliance with all provisions of this chapter not specified as the responsibility of occupants.
The owner of any dwelling unit (other than a single-family detached residence) shall have at least one smoke detector installed on each habitable level of each unit.
Nothing in this chapter shall be construed to abrogate or impair the powers of any department of this municipality or any agency of the State of New Jersey to enforce any provisions of its charter or its ordinances, codes, regulations or statutory provisions or to prevent or punish violations thereof.