[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-20-2007 by Ord. No. 1336]
As used herein, the following words shall have
the following meanings:
The open, nonhabitable space between the ceiling beams of
the habitable story and the roof rafters in any building.
A story partly underground and having more that half of its
clear height below the finished grade. A basement shall not be considered
a story, etc.
An inspection conducted to determine a unit's compliance
with the housing standards of the Borough of Emerson.
One or more persons living together as a single, nonprofit
housekeeping unit whose relationship is of a permanent and domestic
character, as distinguished from fraternities, sororities, societies,
clubs, associations, lodges, combines, halfway houses, shelters, specialized
housing and other forms of transient associations. Nothing herein
contained shall be deemed to interfere with or restrict the placement
of children in a group home pursuant to N.J.S.A. 40:55D, or any other
use of single-family dwellings protected by state statute.
A dwelling unit:
Any space containing plumbing fixtures, in conjunction with
other facilities, for the storage and preparation of food.
The holder or holders of the title to the premises, etc.
Any person residing, with the consent of the owner in an
apartment or unit of housing space.
A.
Any one of the following shall constitute an illegal
apartment or dwelling unit.
(1)
An apartment or dwelling unit which exceeds the legal
dwelling/occupancy units that are on Borough Tax Records or on file
with the Code Enforcement Official.
(2)
An apartment or dwelling unit in which the owner has
permitted occupancy thereof without obtaining the required plumbing,
electrical and building permits.
B.
It shall be unlawful to cause or permit occupancy
of a basement, attic, garage, room or any space as a dwelling unit
created by means of an illegal conversion.
C.
It shall be unlawful for an owner or landlord of a
building to permit occupancy of an apartment or other rental unit
without an appropriately signed certificate of occupancy.
A.
Unapproved occupancies of attics are prohibited.
B.
Any residential attic used for any purpose other than
incidental storage must meet the following criteria:
(1)
Under no circumstances shall a bathroom be permitted
in the attic, whether partial or full, after enactment of this article;
(2)
There shall be no kitchen or any semblance of same
(e.g., hotplate, refrigerator, food cabinets, sink);
(3)
Except for required fire exits, access to the attic
shall be through the dwelling unit;
(4)
Under no circumstances shall the attic be offered
as a separate dwelling unit, rooming unit or independent rooming unit;
(5)
An attic must be an integral part of the dwelling
unit and shall not be leased to any party that does not have full
access and rights to the dwelling unit.
Any residential cellar or basement used for
living space must meet the following criteria:
A.
Except for required fire exits, access to the cellar
or basement shall be through the dwelling unit.
B.
A cellar or basement must be an integral part of the
dwelling unit and shall not be leased to any party that does not have
full access and rights to the dwelling unit.
C.
A full or partial bathroom shall be permitted, provided
the only access to same is through the existing dwelling unit.
A.
Any person violating the provisions of this article
shall be liable to the tenant or occupant of the illegally used premises
for the costs of relocation, up to an amount of six times the monthly
rental that would have been paid by the displaced person to be paid
to the municipality by the owner-landlord for purposes of relocation
assistance.
B.
In addition, the court may impose a fine equal to
the annual tuition costs of any resident of the illegally occupied
unit attending a public school, which fine shall be recovered in a
civil action by a summary proceeding in the name of the municipality
pursuant to Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et
seq.). The Municipal Court and the Superior Court shall have jurisdiction
of the proceedings for the enforcement of the penalty provided by
this section. The tuition costs shall be determined in the manner
prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19,
and the payment of the fines shall be remitted to the appropriate
school district.
A.
Any person may file a complaint alleging a violation
of this article, and, within 14 days thereafter, the Building Inspector
or Code Enforcement Official shall conduct an inspection as provided
for herein.
B.
The Building Inspector or Code Enforcement Official
may observe a property or act upon any anonymous calls regarding possible
existence of illegal dwellings.
C.
Every residential rental unit to which this article
applies shall be inspected at least annually by the Borough of Emerson's
Building Inspector, Code Enforcement Official, Fire Official or other
designated official to insure compliance with building, health, safety
and fire codes and ordinances and statutes of the Borough of Emerson
and State of New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The Building Inspector or Code Enforcement Official
or other official designees of the Borough of Emerson are hereby authorized
to make unannounced inspections to determine the condition of buildings
and structures in order that they may perform their duty of safeguarding
the health, safety and welfare of the occupants thereof and that of
the general public. In order to carry out such inspections, the Building
Inspector or Code Enforcement Official or designee is hereby authorized
to enter, examine and survey buildings and structures at all reasonable
times. The owner, operator, personal representative, agent or occupant
of every building or structure sought to be inspected shall give the
Building Inspector or Code Enforcement Official or other designated
official free access to the building or structure at all reasonable
times for the purpose of making such inspections as may be necessary
to insure compliance with the provisions of this article.
A.
Any person violating any provision of this article
shall be subject to a fine of not less than $3,000 for the first offense,
unless the violation is addressed and corrected within 30 days of
the discovery of same (in such case, the violation can be reduced
to a minimal fine of $100 due to the required inspection and reinspection
costs), in addition to possible imprisonment for a term not exceeding
30 days, or both, for each separate violation.
B.
For the second offense, a mandatory fine of $6,000
shall be imposed and, in addition, possible imprisonment for a term
not exceeding 60 days, or both, for each separate violation.
C.
For the third offense, a mandatory fine of $10,000
shall be imposed and, in addition, possible imprisonment for a term
not exceeding 90 days, or both, for each separate violation.
D.
The Borough of Emerson hereby determines and declares
that, prior to beginning a program of active enforcement designed
to eliminate illegal apartments throughout the Borough, the Borough
will allow a period of time which will expire on December 31, 2007,
for property owners to voluntarily eliminate illegal occupancies.
Nothing in this section shall prevent the Borough, or any of its duly
authorized officials, from enforcing zoning laws and building code
laws prior to December 31, 2007. Rather, the foregoing is an expression
of the general policy of the Borough to withhold active and aggressive
enforcement prior to that date in order to allow homeowners to voluntarily
comply with zoning laws.
