[Amended 2-1-1972 by Ord. No. 1925]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
See "dwelling unit."
The portion of a building which is partly underground but
which has more than 1/2 of its height, measured from clear floor to
ceiling, above the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
Enclosed space containing one or more bathtubs, showers,
or both, and toilets, lavatories, or standard fixtures serving similar
purposes.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residential, business, industrial or storage purposes.
The Uniform Construction Code of the State of New Jersey.[1]
The lowermost portion of the building, partly or totally
underground, having half or more of its height measured from clear
floor to ceiling below the average adjoining ground level. Where the
natural contour of the ground level immediately adjacent to the building
is interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
A heating system serving all dwelling units in a structure
and which (unless it is a direct central electric heating system without
a boiler) is located in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, and which, if it is
fired by combustible fuel, is permanently affixed on a fireproof base
and connected by breaching to a stack in accordance with the Building
Code and Fire Prevention Code.[2]
The condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any person who by reason of his or her physical or mental
condition is not sufficiently ambulatory to reach or use the two means
of egress most accessible to his or her living quarters without assistance
and with reasonable facility, or who is unable to attend to his or
her daily personal and bodily needs.
Any structure designed for habitable use by human occupants.
Any room or group of rooms located within a dwelling forming
a single habitable unit which includes facilities for living, sleeping,
cooking, eating, bathing and toilet purposes.
An apartment where living, cooking and sleeping facilities
are located in the same room.
Any person under the age of 18, who is gainfully employed
and self-supporting or who is married to a spouse who is gainfully
employed and supports said minor, or who is a student living away
from home and in regular attendance at a learning institution.
Any rooming house or boardinghouse, which is required to
be licensed pursuant to this code.
Any premises, or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public, or any member
thereof, from a sidewalk, street, alleyway, open-air parking lot or
from any adjoining or neighboring premises.
The control and elimination of insects, rodents and vermin
by elimination of their harborage places, by removing or making inaccessible
material that may serve as their food, or by approved means of pest
elimination.
The Chief of the Fire Department of the City.
Any device or condition likely to cause fire and which is so
situated as to endanger either persons or property.
The creation, maintenance or continuance of any physical condition
by reason of which there exists a use, accumulation or storage of
combustible or explosive material sufficient in amount, or located
in such a manner, as to put in jeopardy, in event of ignition, either
persons or property.
The obstruction of fire escapes, ladders which may be used as
escapes, stairways, aisles, exits, doors, windows, passageways or
halls likely, in the event of fire, to interfere with the operations
of the Fire Department or of the safety and ready egress of occupants.
The violation of any rule now or hereafter promulgated by the
Fire Department or the City.
The net floor area within the enclosing walls of the room
excluding built-in equipment such as wardrobes, cabinets, closets,
kitchen units or fixtures which are not readily removable.
Putrescible animal and vegetable waste resulting from handling,
preparation, cooking or consumption of food for humans or animals.
See Refuse; Rubbish.
Any letters, numbers, word or words, writing, inscription, symbol, drawing, carving, etching or other marking of any nature, other than any words, letters, symbols, logos, or numbers which convey information, an announcement, a direction or an advertisement which are in compliance with the regulation concerning signs as set forth in Article XV of Chapter 250, Land Use, on any exposed surface on public or private property or which defaces, obliterates, covers, alters, damages, mars or destroys public or private property; provided, however, that it shall not include the occasional and temporary marking of public streets or sidewalks with chalk for traditional children's games.
[Added 6-6-1994 by Ord. No. 94-05]
Opens spaces on the premises outside of any building thereon.
Rooms used or designed for use by one or more persons for
living, sleeping, cooking or eating, but not including bathrooms,
water closet compartments, washrooms, laundries, serving and storage
pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler
rooms, utility rooms, or any rooms or spaces with less than 60 square
feet of superficial floor area.
The officer or employee of the City or the City Board of
Health designated as Health Officer by the Council or the Board of
Health in accordance with state law or other applicable law.
A rooming unit in other than a single-family dwelling which
opens directly to the exterior of the premises by way of a common
hallway, common areaway or common stairway or door to the exterior
of the premises without passing through any other rooming unit or
dwelling unit.
The presence of insects, rodents, vermin or other pests on
the premises, which constitutes a health hazard.
Any room or part of a room used for cooking or the preparation
of food.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses.
The person, association, or corporation holding any real
estate mortgage on a parcel of real property.
Includes:
Any public nuisance known at common law or as provided by the
statutes of the State of New Jersey or the ordinances of the City.
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, including but not limited to
abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, swimming pools, structurally unsound
fences or structures, lumber, trash, debris or vegetation such as
poison ivy, oak, sumac or weeds in general which may prove a hazard
for inquisitive children.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Overcrowding of a room in violation of this code.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or unsanitary sewerage or plumbing facilities in
violation of this code.
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, one year of age or over, living or sleeping in
or having actual possession of a dwelling unit or rooming unit.
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner thereof.
Any person or organization who, alone or jointly or severally
with others, has legal or equitable title to any premises, with or
without accompanying actual possession thereof; or has charge, care
or control of any dwelling or dwelling unit, as owner or agent of
the owner, or as executor, executrix, trustee, receiver, or guardian
of the estate, or as a mortgagee in possession, regardless of how
such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
"Owner" also means the holder or holders of the title in fee simple
and individuals, firms and corporations having the right to lease
rental units without the consent of the holder of the fee simple title,
but shall not include any individual, firm or corporation having such
right with respect to one rental unit only.
Includes any natural person, corporation, partnership, association
or any other similar entity.
Any person who does not suffer from such physical or mental
incapacity as to be classified as a disabled person but who, by reason
of physical or mental limitations or advanced years, does require
a limited degree of care and attention at all times to assure personal
safety.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, sewer vents and any other fixtures or devices which receive
and/or discharge water or gas, together with all connections to water,
sewers or gas lines, and lines utilized in conjunction with air-conditioning
equipment.
A lot, plot or parcel of land or one or more adjoining lots,
plots or parcels of land under common ownership, including the buildings
or structures thereon, and including also the land abutting such lot,
plot or parcel of land and lying between the said lot, plot or parcel
of land and the curbline of any abutting street, or if there be no
curb on any such abutting street, then between said lot, plot or parcel
of land and the paved roadway surface of any such abutting street.
[Amended 11-8-1979 by Ord. No. 79-47]
Those trees between the curb and the sidewalk within the
right-of-way of the City and, in the absence of a sidewalk, those
trees that are located within four feet of the pavement edge (as determined
by the Director of the Department of Public Works) or pavement face
of the curb. The location of the tree will be determined by the center
of the diameter at three feet above grade. If more than 50% of the
tree is located with the four-foot measurement, it is considered to
be publicly owned shade tree.
[Added 4-11-2007 by Ord. No. 07-08; amended 8-5-2008 by Ord. No.
08-17]
The Fire Chief of the City or the Chief Inspector of the
City or a person designated by either of them from among the members
of their staffs or departments as a person to enforce this code, or
such other person as may be authorized by law or ordinance or by the
Council to enforce this code.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid and industrial
wastes. See definitions of "garbage" and "rubbish."
Registered mail or certified mail.
All or any portion of a structure which is leased or subleased
for residential occupancy by any tenant, whether for a fixed or variable
term or period and whether pursuant to a written or oral lease or
sublease, and shall include rental units in rooming houses. The term
shall not mean or include any rental or leased space in any hotel,
motel, or established guesthouse.
Space in an enclosed building set apart by a solid, full-height,
permanent partition or partitions and includes but is not limited
to any space in a building used or intended to be used as a bedroom,
living room, dining room, kitchen, library, den, music room, dressing
room, enclosed sleeping porch, sun-room, party room, recreation room,
breakfast room, study, or storage room.
Any dwelling, whether furnished or unfurnished, in which
there are one or more independent rooming units which include sleeping
accommodations for occupancy by two or more persons, where there is
no agreement between the operator and any occupant for feeding, personal
care or special supervision or attention.
Any room or group of rooms forming a single habitable unit
other than a dwelling unit, which is rented or available for rent
for sleeping purposes without cooking facilities.
Nonputrescible solid wastes (but not garbage) consisting
of both combustible and noncombustible wastes, such as but not limited
to the following: paper, wrappings, cigarettes, cardboard, tin cans,
yard clippings, leaves, wood, glass, bedding, crockery and similar
materials. See definitions of "garbage" and "refuse."
Any sewer owned, operated and maintained by the City or the
Bergen County Sewer Authority and available for public use for the
disposal of sewage.
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
Any dwelling containing one and only one dwelling unit, but
which may contain in addition thereto one rooming unit.
Persons living together and sharing the use of common facilities
in a dwelling unit, but does not include boardinghouses or rooming
houses or any arrangement under which rooms are rented or board provided
on a profit-making basis.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling above.
The combination of any materials, whether fixed or portable,
forming a construction, including a fence.
The supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks with or without wind-driven devices.
An enclosed space containing one or more bathtubs, showers,
or both and which may also include toilets, handbasins or fixtures
serving similar purposes.
An enclosed space containing one or more toilets (which may
also contain one or more urinals and other plumbing fixtures) and
one or more handbasins.
Deterioration, decay or damage caused by exposure to the
elements.
[Amended 2-1-1972 by Ord. No. 1925]
Whenever any of the words hereinabove defined are used in this
code, they shall be construed, unless expressly stated to the contrary,
to include the plurals of such words and, where applicable, as if
they were followed by the words "or any part thereof." The word "shall"
shall be applied retroactively as well as prospectively.
