A.
Any and every person who creates, continues or maintains
any place or condition detrimental to health adjudged by the Board
of Health to constitute a nuisance shall be deemed guilty of a violation
of this chapter and shall be liable for the expense of the abatement
and remedy thereof and be subject to the penalty prescribed for violation
of any of the provisions herein.
B.
NUISANCES
As used in this article, the following terms shall
have the meanings indicated:
Includes, without being limited to, pools of stagnant water,
faulty water drains, faulty sewers, dead animals, discharge of laundry
and kitchen wastes onto streets and alleys, cesspools, privy vaults,
stables, accumulations of filth, garbage and rubbish, discharge of
industrial wastes or raw sewage into streams, noxious weeds, dense
smoke, noxious fumes from industrial plants, stockyards, slaughterhouses,
pigsties, use of a common drinking cup and use of a common towel.
The Board of Health is hereby authorized and
empowered to recommend such rules and regulations as it may deem proper
and necessary for the better protection of public health and the maintenance
of cleanliness and sanitary conditions within the Borough and for
the enforcement of this chapter, upon the approval of Council.
All buildings and other structures used for
human or animal habitation shall conform to the following standards:
A.
All yards, lawns, courts and private driveways shall
be kept free from accumulations of rubbish, which shall include any
discarded animal, vegetable or mineral material, and from vermin and
rodent infestation.
B.
Each basement or cellar shall be kept in such physical
condition as to prevent accumulations of water and/or impure air and
shall at all times be fully ventilated and kept free from accumulations
of rubbish, which shall include any discarded material, whether animal,
vegetable or mineral, and from all vermin and rodent infestation.
C.
Every dwelling and every dwelling unit shall be weatherproof
and capable of being adequately heated, and the heating equipment
in every dwelling and dwelling unit shall be maintained in good order
and repair and shall be of a type to be approved by the Plumbing Inspector
of the Borough.[1]
E.
The floors and walls of every dwelling and every dwelling
unit shall be kept free from dampness.
F.
Every habitable room in a dwelling or dwelling unit
shall contain a window or windows opening directly to the outside
air, and the total area of such window or windows shall not be less
than 10% of the floor area of such room. All window sash shall be
glazed and provided with suitable hardware so that such window or
windows open to the extent of not less than 5% of the floor area of
such room.
G.
No room in any basement or cellar shall be occupied
as a habitable room unless:
(1)
The clear inner height is at least eight feet.
(2)
The uppermost four feet of the required clear inner
height is above the average outside ground level.
(3)
The floors and walls are waterproof and dampproof
in accordance with an approved method, if in contact with earth. Such
waterproofing shall be between the floor or wall finish and the ground.
H.
No room shall be used for sleeping purposes unless
there are at least 400 cubic feet of air space and 50 square feet
of floor space for each person over the age of 12 years and at least
200 cubic feet of air space and 30 square feet of floor space for
each child under the age of 12years occupying such room. No room used
for sleeping purposes shall have a floor area of less than 60 square
feet.
I.
The occupancy of any dwelling unit having more than
one habitable room shall not exceed an average of 1 1/2 persons
per habitable room. For the purpose of this subsection, any child
under one year of age shall not be counted and any child more than
one year of age but under 20 years of age shall be deemed to be 1/2
person.
J.
In every dwelling unit containing two or more rooms,
there shall be running water and at least one sink connected to the
public sewer or to an approved sewage disposal system.
K.
There shall be at least one water closet for each
12 persons or fraction thereof occupying a dwelling, which water closet
shall be within and accessible from within the building, and there
shall be one such toilet or water closet on each floor of the dwelling
which is occupied as an apartment.
L.
All plumbing, water closets and other plumbing fixtures
in every dwelling or dwelling unit shall be maintained in good order
and repair and in accordance with the requirements of the Plumbing
Code of the Borough of Prospect Park[3] and of this chapter and all regulations thereunder.
M.
Every toilet room and every bathroom in a dwelling
shall be provided with such receptacles to contain all garbage, rubbish
and ashes as may be necessary, and all such receptacles shall at all
times be maintained in good order and repair. Receptacles for garbage
shall be watertight and provided with tight covers.[4]
N.
There shall be for each dwelling unit a separate access
to either a hallway, landing, stairway or street.
O.
All courts, yards or other areas on the premises of
every dwelling shall be graded and drained so as to prevent accumulation
of water or waste.
P.
Every dwelling unit shall be provided with a separate
toilet or water closet.
