[Ord. No. 53-2014]
The Township of Wayne shall enforce the provisions of N.J.A.C.
5:10-1A et seq., Maintenance of Hotels and Multiple Dwellings.
A.
No person shall own, operate or manage any building or structure
within the Township which is occupied by three or more units as tenants
of such building or structure without registering the owner and management
of said building or structure with the Township Clerk upon a form
provided by the Township Clerk. Each registration form shall include
the name and address of the owner of such premises, the name and address
of the lessor (if other than the owner), and the name and address
of the agent in charge of the premises residing in the Township.
[Ord. No. 53-2014]
B.
The owner or lessor (if other than the owner) of any such premises within the Township shall register such premises as required in Subsection A hereof. Any person who shall become the owner or lessor (if other than the owner) of any such premises in the Township shall comply with such registration provision within 30 days from and after the date he/she shall become such owner or lessor.
The Construction Official and Health Officer or designee of
the Township are hereby designated and authorized to administer and
enforce the provisions of this article.
A.
The Construction Official and Health Officer or designee of the Township
or their duly authorized representatives are hereby authorized and
directed to make inspections of all buildings and structures and the
common walkways, halls, garages, landscaped areas and lawns accessory
thereto within the Township occupied by three or more families as
tenants of the owner or lessor of such buildings and structures, and
for the purpose of making such inspections the said Construction Official
and Health Officer or their duly authorized representatives may enter,
inspect, examine and survey any such buildings and structures, common
walkways, halls, garages, landscaped areas and lawns at all reasonable
times.
[Ord. No. 53-2014]
B.
The, owner or lessor and occupant of such premises occupied by three
or more families as tenants of the owner or lessor of such buildings
and structures shall give such officers free access to such buildings
and structures, common walkways, halls, garages, landscaped areas
and lawns at all reasonable times.
[Ord. No. 53-2014]
A.
Provide in every multiple-dwelling building containing three or more
dwelling units, rooming units or combination thereof a superintendent,
janitor, caretaker or housekeeper who shall at all times maintain
the premises in compliance with this article and keep the premises
free from filth, garbage, refuse and rubbish. The said person shall
be regularly available on the premises to perform the foregoing duties.
In the event said superintendent, janitor, caretaker or housekeeper
shall not reside in said premises, the owner or operator shall make
his/her name, address and telephone number known to all tenants and
shall register the same with the Health Officer or designee, and shall
also make available and known to all tenants and the Health Officer
or designee the name of an alternative individual who shall be responsible
during the absence of said superintendent, janitor, caretaker or housekeeper.
In any building containing 25 or more dwelling units, rooming units
or combination thereof, said superintendent, janitor, caretaker or
housekeeper shall reside on the premises and be a full time employee.
In any building containing 50 or more dwelling units, rooming units
or combination thereof, an additional superintendent, janitor, caretaker
or housekeeper shall be required. When more than one building on adjoining
premises or premises in near proximity to each other are in common
ownership or under common management or maintenance supervision, the
requirements contained herein shall apply separately to each building
unless the owner or manager thereof can demonstrate to the satisfaction
of the Health Officer or designee that proper operation of the premises
and of all essential services and facilities as required under Township
ordinances can be provided by a resident superintendent, janitor,
caretaker or housekeeper of one building who shall assume the responsibility
for the other building or buildings adjoining or in near proximity
to his/her place of residence.
[Ord. No. 53-2014]
B.
Maintain the potable water system in good and operable condition
at all times so that sufficient and positive pressure shall be available
at all installed hot and cold water faucets, and supply hot water
at a minimum temperature of 120°F and a maximum temperature of
140°F at outlets. The system must be capable of producing hot
water even when heating system is not operational.
[Ord. No. 53-2014]
C.
Maintain the heating facilities and all parts thereof in good operating
condition, free of defects, corrosion and deterioration at all times,
and, where necessary, maintain adequate heat in accordance with existing
ordinances of the Township; and install an independent heating control
in all existing dwelling units by means of a valve or other apparatus
which permits a resident to turn heat on and off in the dwelling unit
occupied by that resident.
D.
Maintain a common laundry room, tubs and all common cleaning facilities,
if any, in proper operating condition, free of defects and foreign
substance. Waste receptacles shall be placed in the laundry area to
provide proper disposal of lint and any other substances that are
produced by the washing and drying processes. The lint and dirt shall
be placed in the waste receptacles that are placed there by the owner
or lessor.
E.
Certificate of occupancy; fee.
(1)
Whenever any tenant shall vacate a dwelling unit as herein described,
such dwelling unit shall not be permitted to be occupied by a new
tenant unless and until the same shall have been inspected by a representative
of the Health Department and a certificate of occupancy shall have
been issued after said inspection by the Health Department. In such
case, the landlord or other person in control of said premises shall
request an inspection by the said department, and said inspection
shall be made within three days from the said request for the purpose
of determining whether or not the premises in question complies with
the requirements of this chapter.
[Ord. No. 53-2014; Ord. No. 30-2014; deleted by Ord. No.
1-2018]
A.
Whenever the Construction Official or Health Officer or their duly
authorized representatives shall determine that a building or structure,
common walkway, hall, garage, landscaped area or lawn or any portion
thereof constitutes a nuisance or contains a defect or defects in
violation of any ordinance of the Township or law of the State of
New Jersey applicable thereto or condition of approval received from
any board or agency of the Township, he/she shall give written notice
thereof to the owner or lessor of such premises. Such notice shall
set forth the condition or conditions constituting the nuisance or
the defect or defects and shall specify a reasonable time, not to
exceed 30 days and not less than 15 days, within which the owner or
lessor, as the case may be, shall abate, correct and eliminate such
nuisance, defect or condition, unless the same cannot be abated, corrected
or eliminated within 30 days, in which event a reasonable time within
which the same can be abated, corrected or eliminated shall be set
by the Construction Official or Health Officer or their duly authorized
representatives by certified mail.
B.
Such notice shall be served personally upon the owner, the lessor (if other than the owner) or the agent in charge of the premises residing in the municipality. If the owner or lessor has failed to register said premises with the Township Clerk and to designate an agent with respect to the premises residing in the municipality, as required in § 99-4A of this article, or where such agent has been designated but cannot be found at the address given in the registration, the posting of said notice upon the premises in a conspicuous place shall constitute sufficient notice to the owner or lessor.
[Ord. No. 53-2014]
Failure to comply with notice may result in the Township making
necessary repairs and placing lien or property.
[Ord. No. 53-2014]
It is hereby found and declared that the existence of occupation
of any building or buildings, or parts thereof, in the Township which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, insanitary or otherwise unfit for human habitation, or occupancy,
or use, are inimical to the welfare and dangerous and injurious to
the health and safety of the people, and that a public necessity exists
for the repair, closing or demolition of such building or buildings,
or part thereof. Whenever the Township finds that there exists in
the Township any building or buildings which are unfit for human habitation
or occupancy, or use, due to dilapidation, defects increasing the
hazards of fire, accidents or other calamities, lack of ventilation,
light or sanitation facilities, or due to other conditions rendering
such building or buildings, or part thereof, unsafe or insanitary,
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the Township, power is hereby conferred
upon the Township to exercise its police powers to repair, close or
demolish, or cause or require the repairing, closing or demolition
of such building or buildings, or part thereof, in the manner herein
provided.
[Ord. No. 53-2014]
The person or persons authorized to undertake the abatement
of the nuisance, the correction of the defect or defects or the maintenance
of the premises in a proper condition so as to conform to the requirements
of applicable ordinances and state laws or conditions of approval
received from any board or agency of the Township shall keep an accurate
account of the cost and expenses thereof and, upon completion of the
work, shall certify a detailed statement of all of said costs and
expenses to the enforcing officer. The enforcing officer shall thereupon
examine the statement may approve and confirm the same with or without
alterations and shall cause the cost to be charged against the premises.
The amount so charged shall forthwith become a lien upon the premises
and shall be added to and become and form a part of the taxes next
to be assessed and levied upon such premises; and such amount shall
bear interest at the same rate as taxes and shall be collected and
enforced by the same officers and in the same manner as taxes.
[Ord. No. 53-2014]
A.
Every occupant shall keep all plumbing fixtures used by him in a
clean and sanitary condition, and he/she shall not deposit any material
in any fixture or sewer system which results in stoppage of or damage
to the fixture or sewer system. Occupants shall keep laundry areas
free from accumulation of garbage and shall dispose of all dirt from
washers and dryers after using them in the proper receptacles which
have been provided by the owners.
B.
Where the owner would not otherwise know of a defect of any facility,
utility or equipment required to be furnished hereunder and the same
is defective or inoperable, each occupant or lessee affected thereby
shall, upon learning of the said defect, provide notice to the owner,
operator or other person in charge of the premises. Nothing herein
shall be construed to provide a defense to any owner or lessor violating
this article. Failure to follow the procedure in this subsection shall
not constitute a violation of this article.
C.
No occupant shall occupy or permit the occupancy of any rooming unit
or dwelling unit in violation of the occupancy standards established
in this article.
D.
No occupant shall cook in any dwelling unit or independent rooming
unit except where all the required sanitary facilities are installed
as required under this article.
E.
No occupant shall occupy or continue to occupy a housekeeping unit
that does not have provisions for bathroom facilities as required
under this article.
F.
Any adult member of the family shall be responsible and liable for
any violation of this article caused by minors under their care or
custody occupying the same dwelling unit if the violation was created
or permitted to continue with the knowledge or acquiescence or consent
of said adult member.
[Ord. No. 53-2014]
Upon discovery by an owner, lessor or occupant of any condition of the premises which constitutes a violation of this article, the occupant shall report the same in writing to the Superintendent of the premises responsible for the supervision of the premises, or the owner or lessor shall report in writing any violation of § 99-14 to the occupant, and if the violation is not rectified in a reasonable time, the owner, lessor or occupant shall then inform the Construction Official or Health Officer of the violation and also dispatch to the Construction Official or Health Officer a copy of the report that he/she had sent to the Superintendent or occupant, and the Construction Official or Health Officer shall then enforce this article. Failure to follow the procedure in this section shall not constitute a violation of this article.
