[Adopted by Ord. No. 8-1997 (Sec. 15.20.010 through 15.20.160 and 15.20.170 of the
1996 Municipal Code)]
This article shall be known as the "Minimum Housing Standards
Chapter for Dwellings and Multifamily Dwellings" and shall be herein
referred to as the "Housing Chapter" or "this code."
[Amended 4-9-2019 by Ord.
No. 03-2019]
A.
Findings. It is hereby found and declared that there exist in the
City of Burlington structures used for residential and nonresidential
use which are, or may become in the future, substandard with respect
to structure, equipment or maintenance, or, further, that the conditions,
including but not limited to structural deterioration, lack of maintenance
and appearance of exterior of premises, infestation, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards and insanitary conditions, constitute a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the City of Burlington. It is further found and declared
that, by reason of lack of maintenance and progressive deterioration,
certain properties have the further effect of creating blighting conditions
and initiating slums, and that, if the same are not curtailed and
removed, the conditions stated in this section will grow and spread
and will necessitate in time the expenditure of large amounts of public
funds to correct and eliminate the same, and that, by reason of timely
regulations and restrictions as herein contained, the growth of slums
and blight may be prevented and the neighborhood and property values
thereby maintained, the desirability and amenities of residential
and nonresidential uses and neighborhoods enhanced, and the public
health, safety and welfare protected and fostered.
B.
Purpose. The purpose of this code is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance and condition of residential and nonresidential
premises; to establish minimum standards governing utilities, facilities
and other physical components and conditions essential to make the
facilities fit for human habitation, occupancy and use; to fix certain
responsibilities and duties upon owners and operators and distinct
and separate responsibilities and duties upon occupants; to authorize
and establish procedures for the inspection of residential and nonresidential
premises; to fix penalties for the violations of this code; to provide
for the right of access across the adjoining premises to permit repairs;
and to provide for the repair, maintenance and abatement of nuisances
on premises by the City of Burlington. This code is hereby declared
to be remedial and essential for the public interest, and it is intended
that this code be liberally construed to effectuate the purposes as
stated herein.
A.
Words and terms.
(1)
Unless otherwise expressly stated, the following terms, for the purpose
of this article, shall have the meanings indicated in this section.
(2)
ACCESSORY STRUCTURE
APPROVED
BASEMENT
BOARDINGHOUSE, LODGING HOUSE, TOURIST HOUSE
BUILDING
BUILDING CODE
CELLAR
CONSTRUCTION OFFICIAL
DWELLING
DWELLING UNIT
EXTERIOR PROPERTY AREAS
EXTERMINATION
FAMILY or FAMILY STATUS
(a)
(b)
GARBAGE
GROSS FLOOR AREA
HABITABLE ROOM
HOTEL
INFESTATION
MOTEL
MULTIFAMILY APARTMENT HOUSE
MULTIFAMILY (MULTIPLE) DWELLING
NUISANCE
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
(a)
(b)
PLUMBING or PLUMBING FIXTURES
PREMISES
RESIDENCE BUILDING
ROOMING HOUSE
ROOMING UNIT
RUBBISH
SUPPLIED
TWO-FAMILY DWELLING
VENTILATION
WORKMANLIKE
YARD
Whenever the words "multifamily dwelling," "residence building,"
"dwelling unit," "rooming house," "rooming unit" or "premises" are
used in this article, they shall be construed as though they were
followed by the words "or any part thereof."
A structure, the use of which is incidental to that of the
main building, and which is attached thereto or located on the same
premises.
As applied to a material, device or method of construction,
approved by the Construction Official under the provisions of this
article or approved by other authority designated by law to give approval
in the matter in question.
A portion of the building partly underground, but having
less than half its clear height below the average grade of the adjoining
ground. See also "cellar."
A building arranged or used for lodging, with or without
meals, for compensation, for one or not more than 20 individuals.
Any building or structure, or part thereof, used for human
habitation, use or occupancy and shall include any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
The building code officially adopted or authorized by the
state legislature for the regulation of construction, alteration,
additions or repairs.
The portion of the building partly underground, having half
or more than half of its clear height below the average grade of the
adjoining ground.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or his/her authorized
representative.
Any building, including a so-called motel-type of operation,
which has facilities as described in the following definition of "dwelling
unit," which is wholly or partly used or intended to be used for living
or sleeping by human occupants.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poison, spraying,
fumigating, trapping or by any other approved pest elimination methods.
A group of persons related by blood, marriage or adoption within
and including the degree of parents, siblings, aunts, uncles, first
cousins;
One or more individuals (who have not attained the age of 18
years) being domiciled with a parent or another person having legal
custody of such individual or individuals; the designee of such parent
or other person having such custody with the written permission of
such parent or other person.
[Amended 4-9-2019 by Ord.
No. 03-2019]
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The total of all habitable space in a building or structure.
A room or enclosed floor space arranged for living, eating
and sleeping purposes, not including kitchen, kitchenette, living
room, dining room, bathroom, water closet compartment, laundries,
pantries, foyers, hallways and other accessory floor space.
A building arranged or used for sheltering, sleeping or feeding
more than 20 individuals for compensation.
The presence, within or contiguous to a multifamily dwelling,
dwelling unit, rooming house, rooming unit or premises, of insects,
rodents, vermin or other pests.
The same as a "hotel."
A building containing more than two dwelling units.
Any dwelling containing more than two dwelling units.
[Added 4-9-2019 by Ord. No. 03-2019]
Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the City of Burlington, specifically including Ch. 239 of the Code of the City of Burlington.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes but is not limited
to abandoned wells; shafts; basements; excavations; abandoned iceboxes;
refrigerators; motor vehicles; any structurally unsound fences or
structures; lumber; trash; fences; debris; or vegetation such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or insanitary sewage or plumbing facilities in violation
of City ordinances.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person over one year of age, including the owner or occupant,
living and sleeping in a dwelling unit or having actual possession
of the dwelling or rooming unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a multifamily
dwelling or rooming house, in which dwelling units or rooming units
are let or offered for occupancy.
Any person who alone, or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor, or as executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this article, and the rules
and regulations adopted pursuant thereto, to the same extent as if
he/she were the owner.
Water-heating facilities, water pipes, gas pipes, garbage
and disposal units, waste lavatories, bathtubs, shower baths, installed
clothes washing machines or other similar equipment, catch basins,
drains, vents or other similarly supplied fixtures, together with
all connections to water, gas, sewer or vent lines.
A lot, plot or parcel of land, including the building or
structure thereon.
A building in which sleeping accommodations and cooking facilities,
as a unit, are provided, except when classified as an institution
under the building code.
Any dwelling, including a so-called motel-type of operation,
used for sleeping and living, but not for dwelling, containing one
or more rooming units in which space is let by the owner or operator
to one or more persons who are not husband or wife, son or daughter,
mother or father, sister or brother of the owner or operator.
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.
Combustible and noncombustible waste materials, except garbage.
The term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Installed, furnished or provided by the owner or operator.
A building containing two units.
The process of supplying and removing air by natural or mechanical
means to or from any space.
Whenever the words "workmanlike state of maintenance and
repair" are used in this article, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
An open unoccupied space on the same lot with a building
extending along the entire length of a street, or rear or interior
lot line.
B.
Terms defined in building code. Where terms are not defined in this
section and are defined in the building code, they shall have the
meanings ascribed to them in the building code.
C.
Terms not defined. Where terms are not defined under the provisions
of this article or under the provisions of the building code, they
shall have ascribed to them their ordinarily accepted meanings or
such as the context herein may imply.
A.
Statement of minimum standards. The provisions of this article shall apply to all structures used for human habitation which are now, or may become in the future, substandard with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, and overcrowding or otherwise be deemed to constitute a menace to the safety, health and welfare of their occupants, except as provided in Subsection E of this section. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.
B.
Construction code. Any alterations to buildings, or changes of use
therein, which may be caused directly or indirectly by the enforcement
of this article shall be done in accordance with applicable sections
of the Uniform Construction Code.[1]
D.
Conflict with other ordinances. Except as provided in Subsection E of this section, in any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the City existing on the effective date of this article, the provisions best providing for the safety and health of the people shall prevail. In any case, where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this article, which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this article shall prevail, and such other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with this article.
E.
Existing buildings. This article establishes minimum requirements
for the initial and continued occupancy of all buildings, including
commercial, used for human habitation and shall not replace or modify
requirements otherwise established for the construction, repair, alteration
or use of buildings, equipment or facilities, except as provided in
this article.
F.
Existing remedies. Nothing in this article shall be deemed to abolish
or impair existing remedies of the City or its officers or agencies
relating to the removal or demolition of any buildings which are deemed
to be dangerous, unsafe or unsanitary.
G.
Combination with apartment house prohibited. No building in the City
shall be used both as a boardinghouse or tenement house and an apartment
house, exclusive of those buildings where one apartment is used by
the owner or operator and the rest of the building is used as a tenement
or boardinghouse.
A.
Enforcing agent. The Construction Official, Chief Code Enforcement
Officer or his/her authorized representative shall enforce the provisions
of this article.
[Amended 4-9-2019 by Ord.
No. 03-2019]
B.
Modification. The Construction Official shall have the power to modify
any of the provisions of this article when there are practical difficulties
in the way of carrying out the strict letter of this article, provided
that the spirit of this article shall be observed, public safety secured
and substantial justice done. The particulars of such modification
when granted or allowed and the decision of the Construction Official
thereon shall be entered upon the records of the Department, and a
signed copy shall be furnished the applicant.
C.
Coordination of enforcement. Inspection of premises and the issuing
of orders in connection therewith under the provisions of this article
shall be the exclusive responsibility of the Department of Buildings.
Wherever, in the opinion of the Construction Official, it is necessary
or desirable to have inspections of any condition by any other department,
he/she shall arrange for this to be done in such a manner that the
owners or occupants of the buildings shall not be subjected to visits
by numerous inspectors nor to multiple or conflicting orders. No order
for correction of any violation under this article shall be issued
without the approval of the Construction Official. Before issuing
any order for correction, the Construction Official shall determine
that the order has the concurrence of any other department or officer
of the government concerned with any matter involved in the case in
question.
D.
Administrative liability. Except as may otherwise be provided by
statute or local law or ordinance, no officer, agent or employee of
the City charged with the enforcement of this article shall render
himself/herself personally liable for any damage that may accrue to
persons of property as a result of any act required or permitted in
the discharge of his/her duties under this article. No person who
institutes or assists in the prosecution of a criminal proceeding
under this article shall be liable to damages hereunder unless he/she
acted with actual malice and without reasonable grounds for believing
that the person accused or prosecuted was guilty of an unlawful act
or omission. Any suit brought against any officer, agent or employee
of the City as a result of any act required or permitted in the discharge
of his/her duties under this article shall be defended by the legal
representative of the City, until the final determination of the proceedings
therein.
E.
Inspections. The Construction Official shall make, or cause to be
made, inspections to determine the conditions of dwellings, multifamily
dwellings, dwelling units, rooming houses, rooming units and premises
in order to safeguard the safety, morals and welfare of the public
under the provisions of this article. The Construction Official or
his/her representative shall be authorized to enter, examine or survey
all premises, grounds, structures, dwellings or rooming houses, and
every part thereof, at all reasonable times for the purpose of performing
his/her duties, upon display of proper identification.
F.
Access to property.
(1)
Access by inspector. The owner, operator or occupant of every dwelling,
multifamily dwelling, dwelling unit, rooming unit, or the person in
charge thereof, shall give the Construction Official free access thereto
and to all parts thereof and to the premises on which it is located
at all reasonable times for the purpose of such inspection, examination
and survey.
(2)
Access by owner or operator. Every occupant of a dwelling unit or
rooming unit shall give the owner or operator thereof, or his/her
agent or employee, access to any part of such dwelling unit, rooming
unit or its premises, at reasonable times for the purpose of making
such inspections, maintenance, repairs or alterations as are necessary
to comply with the provisions of this article.
G.
Interference with inspection.
(1)
No person shall refuse entrance to or impede an inspector or officer
authorized under this article in the performance of his/her duties.
(2)
If any owner, occupant or other person in charge of a dwelling, dwelling
unit or rooming unit or a multifamily or rooming house subject to
the provisions of this article refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to any part of
the structure or premises where inspection authorized by this article
is sought, such person shall be in violation of this article and subject
to the penalties hereunder.
H.
Search warrant. In addition to the provisions of Subsection G of this section, the Construction Official may, upon affidavit, apply to the Municipal Judge of the City for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this article exists on the premises. If the Judge is satisfied as to the matter set forth in the affidavit, he/she shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Amended by Ord. No. 15-1998; 9-16-2008 by Ord. No.
17-2008; 4-7-2009 by Ord. No. 10-2009; 4-19-2022 by Ord. No. 09-2022]
A.
Registration certificate required.
(1)
No owner, owner of rental properties, agent of owner, real estate
agent or broker, firm, company, partnership, corporation, person or
persons shall sell, rent, transfer, grant, lease, let, mortgage with
the right or occupancy or otherwise dispose of the ownership of occupancy
thereof, whether or not for a consideration and whether such disposal
of ownership or occupancy is temporary or permanent, any dwelling
unit, hotel, motel, rooming house, rooming unit, boardinghouse or
premises on which a building is located and used for human occupancy
or commercial purposes unless a registration certificate is first
obtained from the Code Enforcement Officer, certifying that the building
and premises are in compliance with all other ordinances of the City.
A registration certificate shall be granted or denied within 10 days
from the date of the application for the same. The responsibility
is upon the owner to see that a registration certificate is applied
for, is signed by the owner as well as the occupant and that a copy
of the registration certificate is furnished to the tenant for his/her
records.
(2)
The Code Enforcement Officer shall cause appropriate application
forms and registration certificate forms to be prepared. Forms and
certificates shall be available at the office of the Code Enforcement
Officer.
A.
Scope.
(1)
The provisions of this section shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans, except as exempted by § 195-13E, and the premises on which it stands, shall comply with conditions herein prescribed as they may apply.
(2)
No person shall occupy as owner-occupant, or let to another for occupancy,
any dwelling unit, for the purpose of living therein, or premises,
which does not comply with the requirements herein. The Construction
Official of the City shall cause periodic inspections to be made of
dwelling premises to secure compliance with these requirements.
B.
Maintenance of exterior of premises. The exterior of the premises
and all structures thereon shall be kept free of all nuisances and
any hazards to the safety of occupants, pedestrians and other persons
utilizing the premises and free of unsanitary conditions, and any
of the foregoing shall be promptly removed and abated by the owner
or operator. It shall be the duty of the owner or operator to keep
the premises free of hazards, which include but are not limited to
the enumerations and provisions in the following subsections.
[Amended 4-9-2019 by Ord.
No. 03-2019]
C.
Refuse containers. Refuse containers shall be constructed to hold
their contents without leaking and shall be provided with a tight-fitting
cover. Plastic bags properly sealed may be substituted if the total
weight when filled does not exceed the capability to carry the weight
without tearing or breaking. No container or bag shall exceed 65 pounds
in weight when loaded. No container shall be larger than thirty-gallon
size. Refuse containers shall be placed at curbsides on days designated
for collection and shall be returned to their proper storage area
within eight hours after collection.
[Amended 4-9-2019 by Ord.
No. 03-2019]
D.
Noxious weeds. All exterior property areas, including fence lines,
shall be kept free from species of weeds or plant growth which are
noxious or detrimental to the public health.
[Amended 4-9-2019 by Ord.
No. 03-2019]
E.
Landscaping. The landscaping of premises shall be maintained in an
orderly state with lawns and bushes trimmed and free from becoming
overgrown, littered and unsightly where that would constitute a blighting
effect, depreciating any adjoining and nearby property. Open areas
shall be graded evenly to eliminate holes, depressions, gullies, mounds,
accumulations of debris or other unsightly or unsafe conditions.
[Added 4-9-2019 by Ord.
No. 03-2019[1]]
(1)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(2)
Natural growth: dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent those conditions.
(3)
Leaves shall be gathered into piles and left at roadside for pickup
during October 1 through March 31. From April 1 to September 31, leaves
and grass clippings shall be placed into proper containers for pickup.
Brush pickup outside of the above schedule is held during the first
full week of every month.
(4)
Grass. All exterior property areas shall be kept maintained as needed
so that the grass on all property areas does not exceed 10 inches.
(5)
All driveways, sidewalks and curb areas shall be kept maintained
and free of grass and weeds.
[1]
Editor's Note: This ordinance also redesignated former Subsection
E as Subsection F.
F.
Grading and drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water on such premises
or within any building or structure located thereon.
G.
Penalties: Any person, firm or corporation who shall violate any
of the provisions of this subsection shall be subject to the following
fines or penalties:
[Added 4-9-2019 by Ord.
No. 03-2019]
(1)
$100 for the first offense plus an administrative fee of $50; $250
for the second offense plus an administrative fee of $50; $500 for
the third offense and each successive offense plus an administrative
fee of $50.
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or multifamily dwelling, dwelling unit,
rooming house, rooming unit or portion thereof, for the purpose of
living therein, which does not comply with the following requirements:
A.
Foundations, walls and roof. Every foundation, exterior wall and
all other exterior surfaces shall be maintained in a workmanlike state
of maintenance and repair and shall be kept in such condition as to
exclude rodents.
B.
Foundations. The foundation elements shall adequately support the
building at all points.
C.
Exterior walls. Every exterior wall shall be free of holes, breaks,
loose or rotting boards or timbers and any other conditions which
might admit rain or dampness to the interior portions of the walls
or to the occupied spaces of the building.
D.
Appearance of exterior of premises and structures. The exterior of
the premises, the exterior of structures, and the condition of accessory
structures shall be maintained so that the appearance of the premises
and all buildings thereon shall reflect a level of maintenance in
keeping with the standards of that particular area and so that the
appearance of the premises and structures shall not constitute a depressing
factor for adjoining property owners nor an element leading to the
progressive deterioration and downgrading of the particular area with
the accompanying diminution of property values. This would include
but not be limited to unpainted guardrails or fascia or other molding
framework or window or door bordering materials, or unpainted or siding
or any other surface to the exterior; any and all chipped, cracked
or otherwise damaged or peeled paint on the exterior of the structure,
cracked or otherwise damaged windows, or any other condition similar
thereto.
[Amended 4-9-2019 by Ord.
No. 03-2019]
E.
Roofs. The roof shall be structurally sound, tight and have no defects
which might admit rain. Roof drainage shall be adequate to prevent
rain water from causing dampness in the walls or interior portion
of the building.
F.
Drainage. Leaders and drainpipes shall be securely fastened to the
building and maintained in good condition, free of leaks, kept clean
and free of obstructions and shall direct stormwaters into drainage
systems and away from foundation walls of the structure.
G.
Stairs, porches and railing. Stairs and other exit facilities shall
be adequate for safety as provided in the Construction Code, and shall
comply with the following requirements:
(1)
Structural safety. Every outside stair, every porch and every appurtenance
attached thereto shall be so constructed as to be safe to use and
capable of supporting the loads to which it is subjected, as required
by the Construction Code, and shall be kept in sound condition and
good repair.
(2)
Handrails. Where the Construction Official deems it necessary for
safety, every flight of stairs which is more than two risers high
shall have handrails, which shall be located as required by the Construction
Code. Every porch which is more than two risers high shall have handrails
located and of a design required by the Construction Code. Every handrail
and balustrade shall be firmly fastened and shall be maintained in
good condition.
H.
Windows. Each window sash shall:
(1)
Fit reasonably tightly within its frame and be kept in sound condition
and repair;
(2)
Be fully supplied with glass window panes or approved substitute,
which are without open cracks or holes;
(3)
Other than a fixed window, all windows shall be capable of being
easily opened and held in position by window hardware.
I.
Doors. Every exterior door, when closed, shall fit reasonably well
within its frame. Doors, door hinges and door latches shall be maintained
in good condition. Every door available as an exit shall be capable
of being opened from the inside easily and without the use of a key.
J.
Window and door frames. Every window, door and frame shall be constructed
and maintained in such relation to the adjacent wall construction
so as to exclude rain as completely as possible and to substantially
exclude wind from entering the dwelling or multifamily dwelling.
K.
Basement hatchways. Every basement hatchway shall be reasonably tight
and so constructed and maintained as to prevent the entrance of rodents,
rain and surface drainage water into the dwelling or multifamily dwelling.
Hatchways shall be kept in sound condition and repair.
L.
Screening. Guards and screens shall be supplied for protection against
rodents and insects in accordance with the following requirements:
(1)
Guards for basement windows. Every basement or cellar window which
can be opened shall be supplied with corrosion resistive rodent-proof
shields or wire mesh screens, storm windows or with other materials
affording equivalent protection against entry of rodents.
(2)
Insect screens. From June 1 to October 15 of each year, every door
opening directly from any dwelling or multifamily dwelling to the
outdoors and every window or other outside opening used for ventilation
purposes shall be supplied with a screen, and every swinging screen
door shall have a self-closing device in good working condition, except
that no such screen shall be required for a dwelling unit on a floor
above the fifth floor.
M.
Satellite dishes.
[Added 2-7-2017 by Ord.
No. 01-2017]
(1)
Satellite dishes mounted on any structure and/or accessory building
shall be removed within 30 days of the termination of service. Any
satellite dish or other that is no longer receiving signals from a
provider recognized by the Federal Communications Commission shall
be removed within 30 days of the earliest of the effective date of
this subsection, or 30 days of the date such satellite dish or device
ceases to receive such signal communication, or 30 days from the vacancy
of such property by any person, occupant or entity that utilized such
communication.
(2)
Ground-mounted satellite dishes shall not be permitted, unless approved
by Land Use Board.
(3)
No more than one satellite dish shall be permitted to be on the exterior
of the occupancy per unit.
(4)
All satellite dishes must be secured in such a manner as prescribed
by the instructions included with the dish or, absent that, in a manner
determined by the City of Burlington Code Official or City of Burlington
Construction Official.
(5)
Any owner of such property found in violation of this subsection
shall be subject to a fine in an amount not to exceed $500 per day
that the owner is found to be in violation of this section of the
City Code.
N.
Overhangings: loose and overhanging objects and accumulations of
ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof. Further, all
vegetative growth which is or would normally grow to a height greater
than 18 inches shall not be permitted by the owner or operator of
the premises to be planted within 18 inches or to grow within six
inches of an imaginary line extending vertically for 78 inches from
the border of any paved sidewalk or, where there is no sidewalk or
street, within an area of 78 inches as measured vertically from the
surface of the sidewalk or street.
[Added 4-9-2019 by Ord.
No. 03-2019]
O.
Ground surface hazards of insanitary conditions: holes; excavations;
breaks; projections; obstructions; icy conditions; uncleared snow;
and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas, and other parts of the premises which
are accessible to and used by persons on the premises. All holes and
excavations shall be filled and repaired, walks and steps replaced
and other conditions removed where necessary to eliminate hazards
or insanitary conditions with reasonable dispatch upon their discovery.
[Added 4-9-2019 by Ord.
No. 03-2019]
P.
Maintenance of property in accordance with approved site plan. Any
property which has been the subject of a site plan review and approval
shall be maintained and operated in accordance with the approved site
plan, specifically including the parking and landscaping as provided
on the approved site plan. In the event that any of the landscaping
shall die, it shall be replaced not later than the next growing season.
The replacement landscaping shall be of the same type as designated
on the approved site plan and shall be of a size substantially the
same as the surrounding landscaping.
[Added 4-9-2019 by Ord.
No. 03-2019]
No person shall occupy as owner-occupant, or let to another
for occupancy any dwelling, multifamily dwelling, dwelling unit, rooming
house, rooming unit or portion thereof, for the purpose of living
therein, which does not comply with the following requirements:
A.
Free from dampness. In every dwelling, multifamily dwelling, dwelling
unit, rooming house and rooming unit, cellars, basements and crawl
space shall be maintained reasonably free from dampness to prevent
conditions conducive to decay or deterioration of the structure, as
required by the Construction Code.
B.
Structural members. The supporting structural members of every dwelling
and multifamily dwelling used for human habitation shall be maintained
structurally sound, showing no evidence of deterioration which would
render them incapable of carrying the imposed loads, in accordance
with the provisions of the Construction Code.
C.
Interior stairs and railings. Stairs shall be provided in every dwelling,
multifamily dwelling, rooming house and boardinghouse, as required
by the Construction Code.
(1)
The interior stairs of every structure used for human habitation
shall be maintained in sound condition and good repair by replacing
treads and risers that evidence excessive wear or are broken, warped
or loose. Every inside stair shall be constructed and maintained so
it is safe to use and capable of supporting a load, as required by
the provisions of the Construction Code.
(2)
Every stairwell and every flight of stairs which is more than two
risers high shall have handrails or railings located in accordance
with the provisions of the Construction Code. Every handrail or railing
shall be firmly fastened and shall be maintained in good condition.
Properly balustraded railings, capable of bearing normally imposed
loads, as required by the Construction Code, shall be placed on the
open portions of stairs, balconies, landings and stairwell.
D.
Bathroom floors. Every toilet and bathroom floor surface shall be
constructed and maintained so as to be substantially impervious to
water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
E.
Interior floors and doors. Interior floors and doors shall be kept
in good repair and capable of the use intended by its design.
F.
Sanitation. The interior of every dwelling and multifamily dwelling used for human habitation shall be maintained in a clean and sanitary condition, free from any accumulation of rubbish and garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities, as required by the provisions of § 195-20A(8). See also § 195-16C.
G.
Maintenance of interior dwelling units. Interior walls, ceilings
and other exposed surfaces on the interior of units of dwelling space
shall be kept smooth, clean, free of flaking, loose or peeling paint,
plaster or paper and capable of being maintained free of visible foreign
matter, vermin and in a sanitary condition. Where necessary to accomplish
the foregoing, or any part thereof, by reason of the nature of the
surface material, such interior walls shall be painted, papered, plastered
or otherwise provided with a protective coating.
H.
No inspections will be conducted if the required smoke detectors
and/or carbon monoxide detectors and fire extinguisher are not properly
installed.
[Added 4-9-2019 by Ord.
No. 03-2019]
A.
Extermination of insects and rodents from buildings. Buildings used
for human habitation shall be kept free from insect and rodent infestation.
If insects or rodent infestation is found, such insects or rodents
shall be promptly exterminated by acceptable processes which will
not be injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
B.
Owner responsibilities. The owner of a dwelling or multifamily dwelling
shall be responsible for the extermination of insect, rodents, vermin
or other pests:
(1)
Whenever infestation exists in two or more of the dwelling units
or in the shared or public parts of the structure;
(2)
Whenever infestation of rodents is caused by failure of the owner
to maintain any dwelling or multifamily dwelling in a rodent-proof
condition, extermination of such rodents shall be the responsibility
of the owner.
C.
Occupant responsibilities; extermination from single dwelling units.
The occupant of a dwelling unit in a dwelling or multifamily dwelling
shall be responsible for extermination within the unit occupied by
him/her whenever his/her dwelling unit is the only unit in the building
that is infested. The occupant shall also be responsible for extermination
in the exterior areas of the premises of a single-family dwelling.
A.
Basic facilities. Minimum sanitary facilities shall be supplied and
maintained in a sanitary and safe working condition. No person shall
occupy as owner-occupant, or let to another for occupancy, any dwelling
unit for the purpose of living, sleeping, cooking or eating therein
which does not comply with the following requirements:
(1)
Water closet. Every dwelling unit shall contain within its walls
a room separate from the habitable rooms which affords privacy and
which is equipped with a water closet.
(2)
Lavatory. Every dwelling unit shall contain a lavatory which, when
a water closet is required, shall be in the same room with the water
closet.
(3)
Bathtub or shower. Every dwelling unit shall contain a room which
affords privacy to a person in the room and which is equipped with
a bathtub or shower, a water closet and lavatory.
(4)
Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required in Subsection A(2) of this section.
(5)
Water and sewer system. Every kitchen sink, lavatory basin, bathtub
or shower and water closet required under the provisions of this subsection
shall be properly connected to either a public water and sewer system
or to an approved private water and sewer system. All sinks, lavatories,
bathtubs and showers shall be supplied with hot and cold running water.
(6)
Water heating facilities. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with hot water pursuant to Subsection A(5) of this section. Water-heating facilities shall be 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, shower, and laundry facility or other similar units, at a temperature of not less than 120° at any time needed.
(7)
Heating facilities. Every dwelling shall have heating facilities
which are properly installed, are maintained in safe and good working
condition and are capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at least 65°, at a distance
three feet above floor level under ordinary winter conditions.
(8)
Rubbish storage facilities. Every dwelling, multifamily dwelling
and dwelling unit shall be supplied with approved containers and covers
for storage of rubbish, and the owner, operator or agent in control
of such dwelling or multifamily dwelling shall be responsible for
the removal of such rubbish.
(9)
Rubbish containers and recycling containers shall not be stored on
the front or address side of any property. Rubbish containers and
recycling containers shall only be stored along the side or rear of
the property.
[Added 4-9-2019 by Ord.
No. 03-2019]
B.
Installation and maintenance. No person shall occupy as owner-occupant,
or let to another for occupancy, any dwelling, multifamily dwelling,
dwelling unit, rooming house or rooming unit for the purpose of living,
sleeping, cooking or eating which does not comply with the following
requirements:
(1)
Facilities and equipment.
(a)
Every supplied facility, piece of equipment or utility which
is required under this article shall be constructed or installed so
that it will function safely and effectively. All such facilities
and equipment shall be maintained in satisfactory working condition.
(b)
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this article to be removed
from, shut off from or discontinued for any occupied dwelling let
or occupied by him/her, except for temporary interruption which may
be necessary while actual repairs or alterations are in process or
during temporary emergencies when discontinuance of service is approved
by the Construction Official.
(c)
All housing facilities shall be maintained in a clean and sanitary
condition by the occupant so as not to breed insects and rodents or
produce dangerous or offensive gases or odors.
(2)
Plumbing facilities. In buildings and structures used for human habitation,
water lines, plumbing fixtures, vents, drains plumbing stacks, waste
and sewer lines shall be properly installed, connected and maintained
in working order and shall be kept free from obstructions, leaks and
defects to prevent structural deterioration and health hazards and
capable of performing the function for which they are designed. All
repairs and installations shall be made in accordance with the provisions
of the Construction Code or Plumbing Code.
(3)
Heating equipment. Every space heating, cooking, water heating device
and incinerator located in a dwelling or multifamily dwelling shall
be properly installed, connected and maintained, and shall be capable
of performing the function for which it was designed, in accordance
with the provisions of the Construction Code or Fire Prevention Code.
(4)
Electrical outlets and fixtures.
(a)
Every electrical outlet and fixture, as required in Subsection D of this section, shall be installed, maintained and connected to the source of electric power in accordance with the provisions of the State Uniform Construction Code, Electrical Subcode.
(b)
If it is found, in the opinion of the Construction Official,
that the electrical system in a building constitutes a hazard to the
occupants of the building by reason of inadequate service, improper
fusing, insufficient outlets, improper wiring or installation, deterioration
or damage or for similar reasons, he/she shall require the defects
to be corrected to eliminate the hazard.
(5)
Unobstructed means of egress. Every dwelling unit shall have safe,
unobstructed means of egress leading to a safe and open space at ground
level, as required by the laws of this state and the City.
C.
Occupancy requirements. No person shall occupy, or let to another
for occupancy, any dwelling unit for the purpose of living therein
which does not comply with the following requirements:
(1)
Minimum ceiling heights. 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 any part of a room where the ceiling height 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.
(2)
Required space in dwelling units. Every dwelling unit shall contain
a minimum gross floor area of not less than 200 square feet for the
first occupancy and 150 square feet for each additional occupant.
The floor area shall be calculated on the basis of the total area
of habitable rooms.
(3)
Required space in sleeping rooms. In every dwelling unit of two or
more rooms, every room occupied for sleeping purposes of one occupant
shall contain at least 90 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.
(4)
Access limitation of dwelling unit to commercial uses. No habitable
room, bathroom or water closet compartment which is accessory to a
dwelling unit shall open directly into or shall be used in conjunction
with a food store, barber or beauty shop, doctor's or dentist's examination
or treatment room or similar room used for public purposes.
(5)
Separation of sleeping rooms. Each room occupied for sleeping purposes
shall be separated from all other rooms by doors that afford privacy.
(6)
Occupancy of dwelling units below grade. No cellar space shall be
used as a habitable room or dwelling unit. No basement space shall
be used as a habitable room or dwelling unit unless:
D.
Light and ventilation. No person shall occupy as owner-occupant,
or let to another for occupancy, any dwelling, multifamily dwelling,
dwelling unit, rooming house or rooming unit for the purpose of living
therein which does not comply with the following requirements:
(1)
Natural light in habitable rooms. Every habitable room shall have
at least one window of approved size facing directly to the outdoors
or to a court. The minimum total window area, measured between stops,
for every habitable room shall be 10% of the floor area of such rooms,
except in kitchens when artificial light may be provided in accordance
with the provisions of the Construction Code. Whenever walls or other
portions of a structure face a window of any room and such obstructions
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 nor to a court and shall not
be included as contributing to the required minimum total window area
for the room.
(2)
Light in nonhabitable work space. Every laundry, furnace room, and
all similar nonhabitable work space located in a dwelling or multifamily
dwelling shall have one supplied electric light fixture available
at all times.
(3)
Light in common halls and stairways. Every common hall and inside
stairway in every dwelling other than a one-family dwelling shall
be adequately lighted at all times with an illumination of at least
five lumens per square foot in the darkest portion of the normally
traveled stairs and passageways.
(4)
Electric outlets required.
(a)
Where there is electric service available from power lines which
are not more than 300 feet away from a dwelling, every habitable room
of such dwelling shall contain at least two separate floor or wall-type
electric convenience outlets, or one such convenience outlet and one
supplied ceiling type electric light fixture. Every such fixture shall
be properly installed, shall be maintained in good and safe working
condition and shall be connected to the source of electric power in
a safe manner.
(b)
Artificial lighting in every bathroom and water closet shall
be controlled by a wall switch located to avoid danger of electrical
hazards. The use of pull chain switches in bathrooms and water closets
shall be prohibited.
(c)
The electrical system in existing structures shall be brought
up to standards whenever alterations to the structure are being made.
(5)
Adequate ventilation. Every habitable room shall have at least one window which can be easily opened or have another device which will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size required in Subsection D(1) of this section, except where mechanical ventilation is provided, in accordance with the provisions of the Construction Code or Fire Prevention Code.
(6)
Ventilation and light in bathroom and water closet. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsection D(1) and (4) of this section, except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system.
E.
Safety from fire. No person shall occupy as owner-occupant, or shall
let to another for occupancy, any dwelling, multifamily dwelling,
dwelling unit, rooming house, rooming unit, lodging house or lodging
unit which does not comply with the applicable provisions of the Fire
Prevention Code of the City[1] and the following additional requirements for safety from
fire:
(1)
Storage of flammable liquids prohibited. No dwelling, multifamily
dwelling, dwelling unit or rooming unit shall be located within a
building containing any establishment handling, dispensing or storing
flammable liquids with a flash point of 110° or lower.
(2)
Cooking and heating equipment. All cooking and heating equipment,
components and accessories in every heating, cooking and water-heating
device shall be maintained free from leaks and obstructions and kept
in good operating condition. All installations and repairs shall be
made in accordance with the provisions of the Construction Code or
other laws or ordinances in the City. Portable cooking equipment employing
flame shall be prohibited. The installation and use of space heaters
shall be prohibited.
F.
Responsibilities of occupants. Occupants of dwellings, multifamily
dwellings and dwelling units and owners or operators of rooming houses
shall be responsible for maintenance thereof as provided in this article.
(1)
Cleanliness. Every occupant of a dwelling unit shall keep that part
of the dwelling unit and premises thereof which he/she occupies, controls
or uses, in a clean and sanitary condition.
(2)
Disposal of rubbish. Every occupant of a dwelling unit shall dispose of all his/her rubbish in a clean and sanitary manner by placing it in the rubbish containers required in Subsection A(1) of this section.
(3)
Disposal of garbage. Every occupant of a dwelling unit shall keep
the supplied plumbing fixtures therein clean and sanitary and shall
be responsible for the exercise of reasonable care in their proper
use and operation.
(4)
Use and operation of supplied plumbing fixtures. Every occupant of
a dwelling unit shall keep the supplied plumbing fixtures therein
clean and sanitary and shall be responsible for the exercise of reasonable
care in their proper use and operation.
(5)
Installation and care of plumbing fixtures furnished by occupant.
Every plumbing fixture furnished by the occupant of a dwelling unit
shall be properly installed and shall be maintained in good working
condition, kept clean and sanitary and free of defects, leaks or obstructions
and in compliance with the Plumbing Subcode of the State Uniform Construction
Code.
A.
Determination.
(1)
Dangerous structures. If all or part of any building or structure,
including a fence, billboard or sign, or the equipment for the operation
thereof, including the heating plant, plumbing, electric wiring, moving
stairway and fire-extinguishing apparatus is found, in the opinion
of the Construction Official, to be in an unsafe condition and dangerous
to life, limb or property, he/she shall proceed to have such building
or structure condemned, pursuant to the applicable provisions of this
section.
(2)
Structures unfit for human occupancy.
(a)
Whenever the Construction Official finds that any dwelling constitutes
a hazard to the safety, health or welfare of the occupant or to the
public because it lacks maintenance or is in disrepair, unsanitary,
vermin infested or rodent infested, or it lacks the sanitary facilities
or equipment, or otherwise fails to comply with the minimum provisions
of this article, but has not yet reached a state of complete disrepair
and condemned as a dangerous structure as hereinbefore provided, he/she
may declare such dwelling or multifamily dwelling as unfit for human
habitation and order it to be vacated.
(b)
If any dwelling or multifamily dwelling or any part thereof
is occupied by more occupants than permitted under this article, or
was erected, altered or occupied contrary to law, such dwelling or
multifamily dwelling shall be deemed an unlawful structure. The Construction
Official may cause such dwelling to be vacated.
B.
Construction Official; powers and duties. The Construction Official
is authorized to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this article,
including the following powers, in addition to others herein granted:
(1)
To investigate the building conditions in the City in order to determine
which buildings therein are unfit for human habitation, occupancy
or use;
(2)
To administer oaths and affirmations, examine witnesses and receive
evidence;
(3)
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
(4)
Appoint and fix the duties of such officers, agents and employees
as he/she deems necessary to carry out the purposes of this article;
(5)
Delegate any of his/her functions and powers under the section to
such officers and agents as he/she may designate.
C.
Notice of violation.
[Amended 4-9-2019 by Ord.
No. 03-2019]
(1)
Whenever the Construction Official determines that there has been
or is a violation, or that there are reasonable grounds to believe
that there has been or is a violation of any provisions of this article,
he/she shall give notice of such violation or alleged violation to
the person responsible. The notice shall be made in any of the ways
as follows:
(a)
By delivery to the owner personally, or by leaving the notice
at the usual place of abode of the owner with a person of suitable
age and discretion, or his/her agent; or
(b)
By certified or registered mail addressed to the owner or his/her
agent at his/her last known address, with postage prepaid thereon;
(2)
If the whereabouts of such persons is unknown and cannot be ascertained
by the Construction Official in the exercise of reasonable diligence,
the Construction Official shall make an affidavit to that effect and
the serving of such complaint or order upon such person may be made
by publishing the same once each week for two successive weeks in
a newspaper printed and published in the county. A copy of such complaint
or order shall be posted in a conspicuous place on the premises affected
by the complaint or order and a copy of such complaint or order shall
be duly recorded with the County Clerk.
D.
Form of notice.
(1)
The notice of violation shall:
(a)
Be in writing;
(b)
Include a description of the real estate sufficient for identification;
(c)
Specify the violation which exists and the remedial action required;
(d)
Allow a reasonable time for the performance of any act required;
(e)
State the time occupants must vacate the dwelling unit or units,
if required.
E.
Posting of notice.
(1)
Any dwelling or multifamily dwelling declared as unfit for human
habitation shall be posted with a placard by the Construction Official.
The placard shall include the following:
(a)
Name of City;
(b)
The name of the authorized department having jurisdiction;
(c)
The chapter and section of the ordinance under which it is issued;
(d)
An order that the dwelling or multifamily dwelling when vacated
shall remain vacant until the provisions of the order are complied
with and the order to vacate is withdrawn;
(e)
The date that the placard is posted;
(f)
A statement of the penalty for defacing or removal of the placard.
(2)
No person shall deface or remove the placard from any dwelling or
multifamily dwelling which has been declared or placarded as unfit
for human habitation except by authority, in writing, from the Construction
Official.
F.
Vacating of unfit building. Any dwelling or multifamily dwelling
which has been declared and placarded as unfit for human habitation
by the Construction Official shall be vacated within a reasonable
time, as required by the Construction Official. The owner or operator
of such dwelling shall not lease the dwelling or portion thereof to
any person for human habitation. No person shall occupy any dwelling
or multifamily dwelling which has been declared or placarded by the
Construction Official as unfit for human habitation after the date
set forth in the placard. Upon such a declaration, the tenant(s) and
authorized occupant(s), as listed on the lease and registration, shall
be considered a displaced person consistent with N.J.S.A. 2A:18-61.1
et seq. and/or N.J.S.A. 2A:18-61.1g, and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental paid
by the displaced person. The owner-landlord of the structure shall
be liable for the payment of relocation assistance pursuant to this
section. The landlord is required, at its cost, to promptly relocate
the tenant(s) and authorized occupant(s), as listed on the lease and
registration, within the time required by N.J. housing law, but in
no instance in greater than eight hours from the receipt of the notice
of the declaration of the dwelling. The landlord shall be subject
to an additional fine for Zoning or Housing Code violation for an
illegal occupancy, up to an amount equal to six times the monthly
rental paid by the displaced person, to be paid to the municipality
by the owner-landlord of the structure as authorized by N.J.S.A. 2A:18-61.1
et seq. For a second or subsequent violation for an illegal occupancy,
there shall be a fine equal to the annual tuition cost 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 the Penalty Enforcement Law of
1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.). The City's Municipal
Court and the Superior Court shall have jurisdiction in proceedings
for the enforcement of the penalty provided by this chapter.
[Amended 11-10-2020 by Ord. No. 15-2020]
G.
Reoccupancy of unfit building. No dwelling or multifamily dwelling
which has been declared or placarded as unfit for human habitation
shall again be used for human habitation until written approval is
secured from the Construction Official. The Construction Official
shall remove the placard whenever the defect or defects upon which
the declaration and placarding action were based have been eliminated
and the proper certificate of occupancy has been obtained from the
Construction Official.
H.
Vacant buildings. If for any reason a building remains vacant or untended for a period of 120 days, the owner shall close all windows, doors and other openings with plywood or other suitable means so that access into the building is prevented. The owner of any such dwelling shall not cause or permit such dwelling to be used in whole or in part for living purposes until the structure has been rehabilitated in accordance with the provisions of this article and a certificate of occupancy has been issued by the Department of Buildings. Whenever a structure deemed unfit for human habitation or dangerous to life and health remains vacant for a period of one year, proceedings shall be instituted against the owner in accordance with provisions of § 195-22.
I.
Request for hearing before Construction Official.
(1)
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this article, or of any
rule or regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Construction Official,
provided that such person shall file in the office of the Construction
Official 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 Construction
Official shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At the 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 Construction
Official may postpone the date of the hearing for a reasonable time
beyond such ten-day period, if in his/her judgment the petitioner
has submitted a good and sufficient reason for such postponement.
(2)
After such hearing, the Construction Official shall sustain, modify
or withdraw the notice, depending upon his/her findings as to whether
the provisions of this article and of the rules and regulations adopted
pursuant thereto have been complied with. If the Construction Official
sustains or modifies such notice, it shall be deemed to be an order.
Any notice served shall automatically become an order if a written
petition for a hearing is not filed in the office of the Construction
Official within 10 days after such notice is served. After a hearing
in the case of any notice suspending any permit required by this article
or by any rule or regulation adopted pursuant thereto, when notice
has been sustained by the Construction Official, the permit shall
be deemed to have been revoked. Any such permit which has been suspended
by a notice shall be deemed to be automatically revoked if a written
petition for a hearing is not filed in the office of the Construction
Official within 10 days after notice is served.
J.
Public records. The proceedings at such hearing, including the findings
and decisions of the Construction Official, shall be summarized, reduced
to writing, and entered as a matter of public record in the office
of the Construction Official. The record shall also include a copy
of every notice or order issued in connection with the matter. Any
person aggrieved by the decision of the Construction Official may
seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of this state.
K.
Prosecution of violation. In case any violation order is not promptly
complied with, the Construction Official may request the legal representative
to institute an appropriate action or proceedings at law or in equity
against the person responsible for the violations, ordering him/her:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)
To restrain or correct the erection, installation or alteration of
such building;
(3)
To require the removal of work in violation;
(4)
To prevent the occupation or use of the building, structure or part
thereof erected, constructed, installed or altered in violation of,
or not in compliance with, the provisions of this article or in violation
of a plan or specification under which an approval, permit or certificate
was issued;
(5)
To enforce the penalty of this article.
A.
Issuance of complaint. Upon receiving a report from the Construction
Official, or other officer designated by the Construction Official,
that any building, wall or structure in the City is or may become
unsafe and dangerous to life or health, or might tend to increase
the hazards of fire, the Council shall issue and cause to be served
upon the owner or the parties in interest in such building, wall or
structure, a complaint stating the charges.
B.
Service of notice. Complaints or orders issued by the Council shall be served pursuant to § 195-21C.
C.
Hearing.
(1)
The complaint shall include notice of a hearing to be held before
the Council at a place fixed therein not less than 10 days nor more
than 30 days after the serving of the complaint.
(2)
The complaint shall state that at the hearing the Council shall inquire
into and determine whether the building, wall or structure therein
described is or may become dangerous to life or health, or might tend
to increase the hazards of fire and, if so, that an order will be
made requiring the removal or destruction of the building, wall or
structure, and the manner in which such demolition shall be carried
out.
(3)
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.
D.
Order for abatement or demolition. If the Council determines that
the building, wall or structure is or may become dangerous to life
or health, or might tend to increase the hazards of fire, the Council
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 an order:
(1)
To remove or demolish the building, wall or structure within a period
of 30 days after the service of the order;
(2)
The manner in which such demolition is to be carried out;
(3)
That if the owner fails to comply with the order to remove or demolish
the building, wall or structure within such period of time, the City
shall proceed with the removal or destruction or cause such building,
wall or structure to be removed or demolished.
E.
Demolition permit.
(1)
A demolition permit for the removal of any structure, part of a building,
including a fence, billboard or sign, shall be obtained from the Construction
Official.
(2)
The Construction Official shall prepare appropriate application forms
and demolition permit forms which shall be available at the office
of the Construction Official.
F.
Abatement by Cit; costs to be a lien.
(1)
If the owner fails to comply with the order for removal or demolition
or, at the option of the owner, the Construction Official may cause
the building to be demolished subject to the approval, by resolution,
of the Council.
(2)
The cost of removal or demolition of any building wall or structure
shall be a municipal lien against the real property upon which such
cost was incurred. The assessment shall be made upon the Fire Chief
or Construction Official filing a detailed statement, under oath,
of the cost with the Municipal Tax Assessor and Municipal Tax Collector.
A copy of the detailed statement shall be forwarded forthwith to the
owner by registered mail.
(3)
The materials of such building, wall or structure shall be sold at
public or private sale by the Fire Chief and Construction Official,
and the proceeds of such sale shall be credited against the cost of
the removal or demolition of any building, wall or structure. Any
balance remaining shall be deposited in the Superior Court and shall
be secured as may be directed by the Court and shall be disbursed
according to the order or judgment of the Court to the persons found
to be entitled thereto.
A.
Where the violations or conditions existing on the premises under
any section of this article or other ordinances of the City constitutes
an immediate threat to life, health, safety or the well-being of residents
in the City unless abated without delay, the Construction Official
may, without notice or hearing, issue an order reciting the existence
of such an emergency and either abate the violation or condition immediately
or order the owner, operator or occupant to correct the violation
or condition within an appropriate period of time. Notwithstanding
the other provisions of this article, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately but, upon written petition to the Construction
Official, shall be afforded a hearing within 48 hours. After such
hearing, depending upon his/her findings as to whether the provisions
of this article and of the rules and regulations adopted pursuant
hereto have been complied with, the Construction Official shall continue
such order in effect, or modify or revoke it.
B.
Upon failure of the owner to abate the violation within the specified
period of time, the Construction Official shall abate the condition
immediately thereafter. The Construction Official shall submit to
the Council a report of the work done and expenses incurred to abate
the condition and the Council may thereupon, by resolution, approve
the expenses and costs therefor, whereupon the same shall become a
lien against the premises collectible as provided by law. A copy of
the resolution shall be certified by the Municipal Clerk and filed
with the Tax Collector, who shall be responsible for the collection
thereof. A copy of the report and resolution shall be sent by certified
mail to the owner of the premises.
A.
Purpose. The purpose of this section is to:
(1)
Reduce the level of public hazard which may exist stemming from the
public utility's inability to maintain energy facilities as the result
of denial of access to abandoned or vacant property;
(2)
Provide supervised entry into abandoned or vacant structures, not
deemed to be under reasonable custodial care, for the removal of active
energy facility;
(3)
Provide certain public utilities, as defined in Title 48 of the New
Jersey Statutes, with limited rights to enter certain properties,
subsequent to their meeting the conditions of constructive notice
and municipally required procedure as detailed, herein;
(4)
Eliminate, to the greatest extent possible, any fire and health hazards
which may now exist for the result of a public utility's inability
to remove its facilities from abandoned or vacant structures.
B.
Findings.
(1)
It is necessary to reduce the level of hazards stemming from a public
utility's inability to remove active energy facilities from abandoned
City structures.
(2)
Removal of these energy facilities will assist in abating the hazard
to the general public and municipal employees.
(3)
This section will assist in the City's efforts to demolish unsafe
and hazardous structures.
(4)
All liability for damages resulting from such entry shall be borne
by the utility, as well as the administrative expenses associated
with municipal recordkeeping and the cost of municipal representatives
in supervision at the time of entry.
(5)
The City has authority to enact this section pursuant to N.J.S.A.
40:48-2.3 et seq.
C.
Approval by City for entry. Upon approval of the City, certain public
utilities legally franchised to conduct business within the City will
be permitted access to abandoned structures within the City for the
express and supervised purpose of removing utility owned facilities.
D.
Notice to owner. Upon application by the utility, the City shall
prepare a statement of notice to owners, absentee owners or other
interested parties, posted on a document containing the official City
Seal, a narrative discussing the urgent need to obtain access to the
structure for the purpose of removing live energy facilities which
may present fire, health and/or safety hazards to the public. This
narrative will also state that in not less than 10 days from the date
of posting, the City shall supervise the utility's entry to remove
the energy facilities from within the structure. The narrative will
further contain the information necessary for contacting either the
City or the utility to arrange for owner-admitted entry.
E.
Entry to building; administrative costs. Public utility employees assigned to remove such facilities shall be accompanied by a duly authorized representative of the City who will supervise entry, removal of facilities and reclosure of the subject property. All costs for these as well as all other administrative expenses, as detailed herein, will be borne by the utility, and shall be as set forth in Chapter 146, Fee Schedule.[1]
F.
Liability of utility for damages. The authorized public utility shall
be responsible for any claims arising from damages to the structure
proximately caused by the entry, removal and reclosure. Reasonable
claims will be accepted consistent with conditions prior to obtaining
such access and recorded by photograph both prior to entry and subsequent
to reclosure. The pubic utility shall hold the City harmless from
any damage claims filed by owners, absentee owners or interested parties
as a result of the entry, removal and reclosure.
G.
Procedure. The procedure for removal of energy related facilities
from vacant or abandoned structures is as follows:
(1)
Upon review of internal utility records that a structure has been
sealed preventing normal admission to inside facilities, the utility
shall first apply to the City for right of entry. This notice to the
City will request that the City provide an approved posting, which
will then be affixed by the utility to all access points into the
structure advising that the City will sanction a City supervised entry
into the subject property at a date 10 days from the posting date,
as will be detailed on the notice. This posting shall include telephone
numbers of both the administering City department as well as the utility
in order that the owner or any authorized interested party may make
arrangements for entry to accommodate facility removal. The posting
shall further indicate that if no communication is received within
the prescribed period, that the structure will be deemed abandoned
by the owner and not under reasonable custodial care, warranting City
and utility action for reasons of public safety.
(2)
In accordance with the posted notice, the utility shall, at the prescribed
date, engage the services of a duly authorized City representative,
at the utility's expense, to supervise entry, removal of the electric
and gas facilities and closure of the structure in the same manner
as found prior to entry. Photographic record of the condition both
prior to entry and subsequent to closure will be made by the utility.
(3)
The public utility shall bear all reasonable expenses and claims
made by the owner of the property for damages directly attributable
to entry, facility removal and/or closure. The public utility shall
indemnify the City for any and all damage claims directly attributable
to the entry, removal or closure of the property.
(4)
The utility shall then file records with the City program administrator
of the date and location of the entry and the name of the authorized
City representative in attendance at the time of entry.
(5)
The utility will further set up specific review points with City
management to discuss the program and address any specific concerns
which may arise. The record of these meetings will also be filed with
the Mayor and Common Council for further review and alteration of
procedure, if necessary.
H.
Review of procedures. The Common Council shall review with the utility
on an ongoing basis any problems associated with the administration
of this procedure in order to make alterations as may be necessary.
The Municipal Clerk shall keep in a book provided for that purpose
a correct record of the numbering of all the streets and buildings
within the limits of the City. All property owners shall number their
houses in conformity with the street numbers so filed and recorded
with the Municipal Clerk. When any owner of property erects any building
in this City, he/she shall apply to the Clerk for the correct number
of the building and shall thereupon affix the number to the building
within three months after he/she receives it.
[Amended 4-9-2019 by Ord.
No. 03-2019]
A.
Maintenance responsibilities. In commercial establishments where there is more than one tenant, the owner or owner's agent shall maintain the exterior in a clean, safe and sanitary condition in accordance with the provisions of Chapter 195.
B.
Standards. The exterior of every commercial establishment or accessory structure or other improvement on the premises shall be kept in good repair in accordance with the provisions of Chapter 195.
C.
Any landlord which owns six or more rental properties (not units)
within the City of Burlington must employ or engage a professional
maintenance company to manage and address maintenance and repairs
for all of its rental properties.
[Added 11-10-2020 by Ord.
No. 15-2020]
D.
Consistent with the rights of any such tenant under the lease and applicable New Jersey law for removal of items, when any tenant voluntarily moves out of the property, is evicted, abandons the property, terminates the lease or otherwise vacates the rental unit, the landlord is solely responsible for the removal and safe disposal of any household items abandoned or remaining in the unit by the tenant(s)/occupant(s), including but not limited to personal items, furniture, and appliances. The landlord is prohibited from disposing of such items through the City's waste hauling contractor, or by placing such items on any City curbside for removal by the City or its contractors. The landlord is prohibited from placing such items in the yard or other outdoor areas of the unit so as to cause clutter to accumulate and/or attract unauthorized activity. The landlord is required to either engage a private hauler for the removal and safe disposal of all of such abandoned items or to cause the abandoned items to be removed for disposal at an authorized facility outside of the City, and are not permitted to be disposed of at the City recycling depot (which may commonly be referred to as the "City dump"). A violation of this section shall be subject to a fine/penalty consistent with the schedule of penalties as set forth in § 1-21, Violations Bureau schedule of penalties; court appearances.
[Added 11-10-2020 by Ord.
No. 15-2020; amended 2-2-2021 by Ord. No. 07-2021]