City of Burlington, NJ Minimum Standards

Unless otherwise expressly stated, the following terms, for the purpose of this article, shall have the meanings indicated in this section.

BOARDINGHOUSE, LODGING HOUSE, TOURIST HOUSE

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."

ACCESSORY STRUCTURE

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.

APPROVED

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.

BASEMENT

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.

BUILDING

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.

BUILDING CODE

The building code officially adopted or authorized by the state legislature for the regulation of construction, alteration, additions or repairs.

CELLAR

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.

CONSTRUCTION OFFICIAL

The official designated herein or otherwise charged with the responsibilities of administering this article, or his/her authorized representative.

DWELLING

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.

DWELLING UNIT

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.

EXTERIOR PROPERTY AREAS

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

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.

FAMILY or FAMILY STATUS

A group of persons related by blood, marriage or adoption within and including the degree of parents, siblings, aunts, uncles, first cousins;

MULTIFAMILY APARTMENT HOUSE

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]

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

GROSS FLOOR AREA

The total of all habitable space in a building or structure.

HABITABLE ROOM

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.

HOTEL

A building arranged or used for sheltering, sleeping or feeding more than 20 individuals for compensation.

INFESTATION

The presence, within or contiguous to a multifamily dwelling, dwelling unit, rooming house, rooming unit or premises, of insects, rodents, vermin or other pests.

MOTEL

The same as a "hotel."

A building containing more than two dwelling units.

MULTIFAMILY (MULTIPLE) DWELLING

Any dwelling containing more than two dwelling units.

NUISANCE

[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.

(d)

Insufficient ventilation or illumination in violation of this code.

(e)

Inadequate or insanitary sewage or plumbing facilities in violation of City ordinances.

(f)

Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this code.

(g)

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

(h)

Fire hazards.

OCCUPANT

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.

OPENABLE AREA

That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR

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.

OWNER

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

PLUMBING or PLUMBING FIXTURES

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.

PREMISES

A lot, plot or parcel of land, including the building or structure thereon.

RESIDENCE BUILDING

A building in which sleeping accommodations and cooking facilities, as a unit, are provided, except when classified as an institution under the building code.

ROOMING HOUSE

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.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

RUBBISH

Combustible and noncombustible waste materials, except garbage. 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.

SUPPLIED

Installed, furnished or provided by the owner or operator.

TWO-FAMILY DWELLING

A building containing two units.

VENTILATION

The process of supplying and removing air by natural or mechanical means to or from any space.

WORKMANLIKE

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.

YARD

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.

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.

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.

§ 195-13 Applicability.

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.

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]

Editor's Note: See Ch. 125, Construction Codes, Uniform.

Zoning regulations. Nothing in this article shall permit the establishment or conversion of a multifamily dwelling in any zone, except where permitted by Chapter 207, Article VII, Zoning; nor the continuation of such nonconforming use in any zone, except as provided therein.

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.

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.

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.

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.

§ 195-14 Enforcement.

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]

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.

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.

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.

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.

Access to property.

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.

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.

Interference with inspection.

No person shall refuse entrance to or impede an inspector or officer authorized under this article in the performance of his/her duties.

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.

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.

§ 195-15 Registration certificate.

[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]

Registration certificate required.

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.

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.

Fees. The fee for any resale inspections and reinspections shall be in accordance with the fee schedule set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.

§ 195-16 Environmental requirements.

Scope.

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.

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.

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]

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]

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]

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]]

Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.

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.

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.

Grass. All exterior property areas shall be kept maintained as needed so that the grass on all property areas does not exceed 10 inches.

All driveways, sidewalks and curb areas shall be kept maintained and free of grass and weeds.

Editor's Note: This ordinance also redesignated former Subsection E as Subsection 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.

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]

$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.

§ 195-17 Exterior structure.

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:

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.

Foundations. The foundation elements shall adequately support the building at all points.

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.

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]

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.

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.

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:

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.

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.

Windows. Each window sash shall:

Fit reasonably tightly within its frame and be kept in sound condition and repair;

Be fully supplied with glass window panes or approved substitute, which are without open cracks or holes;

Other than a fixed window, all windows shall be capable of being easily opened and held in position by window hardware.

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.

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.

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.

Screening. Guards and screens shall be supplied for protection against rodents and insects in accordance with the following requirements:

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.

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.

Satellite dishes.

[Added 2-7-2017 by Ord. No. 01-2017]

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.

Ground-mounted satellite dishes shall not be permitted, unless approved by Land Use Board.

No more than one satellite dish shall be permitted to be on the exterior of the occupancy per unit.

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.

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.

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]

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]

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]

§ 195-18 Interior structure.

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:

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.

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.

Interior stairs and railings. Stairs shall be provided in every dwelling, multifamily dwelling, rooming house and boardinghouse, as required by the Construction Code.

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.

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.

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.

Interior floors and doors. Interior floors and doors shall be kept in good repair and capable of the use intended by its design.

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.

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.

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]

§ 195-19 Rodent extermination.

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.

Owner responsibilities. The owner of a dwelling or multifamily dwelling shall be responsible for the extermination of insect, rodents, vermin or other pests:

Whenever infestation exists in two or more of the dwelling units or in the shared or public parts of the structure;

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.

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.

§ 195-20 Required minimum standards.

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:

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.

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.

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.

Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required in Subsection A(2) of this section.

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]

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:

Facilities and equipment.

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.

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.

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.

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.

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.

Electrical outlets and fixtures.

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.

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.

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.

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:

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.

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.

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.

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.

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:

Floors and walls are weathertight.

Total window area, total open area and ceiling height are in accordance with this subsection.

Required window area of every habitable room shall be entirely above the grade of the ground adjoining such window area.

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:

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.

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.

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.

Electric outlets required.

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.

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.

The electrical system in existing structures shall be brought up to standards whenever alterations to the structure are being made.

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.

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:

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.

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.

Editor's Note: See Ch. 162, Fire Prevention.

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.

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.

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.

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.

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.

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.

§ 195-21 Unfit dwellings.

Determination.

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.

Structures unfit for human occupancy.

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.

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.

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:

To investigate the building conditions in the City in order to determine which buildings therein are unfit for human habitation, occupancy or use;

To administer oaths and affirmations, examine witnesses and receive evidence;

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;

Appoint and fix the duties of such officers, agents and employees as he/she deems necessary to carry out the purposes of this article;

Delegate any of his/her functions and powers under the section to such officers and agents as he/she may designate.

Notice of violation.

[Amended 4-9-2019 by Ord. No. 03-2019]

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:

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

By certified or registered mail addressed to the owner or his/her agent at his/her last known address, with postage prepaid thereon;

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.

Form of notice.

The notice of violation shall:

Be in writing;

Include a description of the real estate sufficient for identification;

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.

Notice of declaration of any building as unfit for human habitation and the order to vacate such building shall be served as provided in § 195-22 and in such other codes or ordinances of the City pertaining to unsafe buildings.[1]

Editor's Note: See Ch. 108, Buildings, Dangerous.

Posting of notice.

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:

Name of City;

The name of the authorized department having jurisdiction;

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.

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.

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]

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.

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.

Request for hearing before Construction Official.

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.

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.

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.

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:

To restrain, correct or remove the violation or refrain from any further execution of work;

To restrain or correct the erection, installation or alteration of such building;

To require the removal of work in violation;

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;

To enforce the penalty of this article.

§ 195-22 Demolition of buildings.

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.

Service of notice. Complaints or orders issued by the Council shall be served pursuant to § 195-21C.

Hearing.

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.

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.

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.

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:

To remove or demolish the building, wall or structure within a period of 30 days after the service of the order;

The manner in which such demolition is to be carried out;

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.

Demolition permit.

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.

The Construction Official shall prepare appropriate application forms and demolition permit forms which shall be available at the office of the Construction Official.

A fee as provided in Chapter 146, Fee Schedule, shall be paid to the Construction Official at the time the application is filed. Such fee shall not be refundable.

Abatement by Cit; costs to be a lien.

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.

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.

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.

§ 195-23 Emergencies; abatement by City.

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.

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.

§ 195-24 Abandoned and vacant buildings; removal of energy facility.

Purpose. The purpose of this section is to:

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;

Provide supervised entry into abandoned or vacant structures, not deemed to be under reasonable custodial care, for the removal of active energy facility;

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;

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.

Findings.

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.

Removal of these energy facilities will assist in abating the hazard to the general public and municipal employees.

This section will assist in the City's efforts to demolish unsafe and hazardous structures.

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.

The City has authority to enact this section pursuant to N.J.S.A. 40:48-2.3 et seq.

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.

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.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

Procedure. The procedure for removal of energy related facilities from vacant or abandoned structures is as follows:

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.

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.

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.

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.