[Adopted 6-15-2009 by Ord. No. 09-19]
As used in this article, the following terms shall have the meanings indicated:
BEDROOM
Any room in a dwelling used principally for sleeping purposes, irrespective of whether the room may be utilized for other purposes as well, and being in full compliance with § 189-14, Bedroom requirements.
DWELLING UNIT
One or more rooms designed to be occupied or intended as separate living quarters, with one kitchen and sleeping and sanitary facilities provided completed within the dwelling unit for the exclusive use of a single family.
HABITABLE SPACE
A space used for living or sleeping, with kitchens, bathrooms, toilet rooms, closets, halls, storage and utility areas being considered nonhabitable spaces for the purposes of this article.
OCCUPANT
Any individual above six years of age living or sleeping in a building or portion thereof which is the individual's primary residence.
A. 
A bedroom, as the same is defined hereinabove, must provide minimum living space of 80 square feet for the first occupant of the bedroom and an additional 60 square feet for each additional occupant. The area requirements referenced herein shall be calculated as habitable space only as the same is defined herein. Nonhabitable areas shall not be included in calculating the minimum square footage required hereunder.
B. 
Bedrooms shall comply with the requirements of N.J.A.C. 5:23 of the Uniform Construction Code and its adopted standards and must include sufficient light, ventilation, heating, electrical requirements, means of ingress and means of emergency escape requirements and smoke and carbon monoxide detectors as required by local, state or federal laws or regulations.
C. 
Bedrooms must not constitute the only access to other bedrooms or habitable spaces and shall not serve as the only means of ingress from other habitable spaces; provided, however, that in units that contain not more than three bedrooms, access to another bedroom or habitable space and egress from the habitable space may be accomplished through not more than one bedroom.
A. 
Prohibited occupancy. Spaces within a unit determined to be nonhabitable areas shall not be used for sleeping purposes, and no person shall occupy a space for sleeping or living purposes other than habitable space as defined herein.
B. 
Overcrowding. Dwelling units shall not be occupied by more persons than may be permitted by the minimum area requirement of § 189-14 hereof.
C. 
Any tenant that permits a prohibited occupancy and the overcrowding of a habitable area as defined herein shall be in violation of this article.
D. 
Any landlord who permits, suffers or allows the tenancy or overcrowding of any bedroom as defined herein shall be guilty of a violation of this article.
The Construction Code Official and the Fire Official/Fire Marshal/Fire Code Official shall be responsible for the enforcement of the provisions of this article.
A. 
The person or entity violating the terms and conditions of this article shall be subject to a minimum fine of $500 for the first violation and $1,000 for each violation occurring thereafter. Each day a violation is permitted to continue shall constitute a separate violation within the terms hereof.
B. 
In addition to the penalties provided for hereinabove, the Township of Clark, upon a finding of a violation of this article, shall have the right to bring an action in the Superior Court of New Jersey to abate the violation in a summary fashion, and all fees and expenses in connection with any such application shall become a lien on the property which is the subject of the litigation. Prior to the filing of any such litigation, the Construction Code Official or Fire Official/Fire Marshal/Fire Code Official shall give written notice to the tenant and landlord of the Township's intention to proceed, unless the tenant or landlord causes the violation to be abated within 30 days of the date of such notice. The notice shall contain a statement setting forth:
(1) 
The address and apartment number at which the violation exists;
(2) 
The name and address of the owner of the property;
(3) 
The name and address of the tenant of the property;
(4) 
A statement describing the violation;
(5) 
That said violation is to be corrected or abated within 30 days from the date of said notice; and
(6) 
If such violation is not abated, the Township will bring a summary action in the Superior Court of New Jersey, Law Division, Union County, to abate the same and for counsel fees and costs which shall be charged as a lien against the property.
C. 
Each day that a violation occurs or is committed shall constitute a separate offense.
D. 
In a circumstance where either the landlord and/or tenant knowingly violates or suffers the violation of this article by failing to take appropriate action to cause the same to be complied with, both the landlord and the tenant shall be subject to the penalties heretofore provided.