[Adopted 11-14-1996 by Ord. No. 96-19 (Ch. 209, Art. III,
of the 1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The holder or holders of the title to the premises in fee
simple or having charge, care or control of the premises, as owner
or agent of the owner or as executor, administrator, trustee, receiver
or guardian of the estate or mortgagee in possession, regardless of
how such possession was obtained.
Any person residing with the consent of the owner in an apartment
or unit of housing space.
A.
Any one
of the following shall constitute an illegal apartment or unit:
(1)
An apartment or unit for which no certificate of occupancy or certificate
of continuing occupancy has been issued.
(2)
An apartment or unit which would exceed the number of units permitted under Chapter 365, Zoning, or any approvals granted by a land use agency of the Borough.
(3)
An apartment or unit which fails to meet the requirements of any
regulation affecting the health, safety and welfare of the general
public.
(5)
An apartment or unit which the owner has permitted occupancy thereof
without obtaining therefor required plumbing, electrical and building
permits.
(6)
Any other apartment or unit deemed by the Construction Code Official
or any governmental agency or by judicial decree to be in violation
of any state, county or municipal regulation.
(7)
Any apartment or unit which fails to meet all of the requirements
applicable to habitable rooms as established in the Uniform Construction
Code, Uniform Fire Code and New Jersey State Housing Code.
[Added 6-28-2007 by Ord. No. 2007-05]
B.
No kitchen shall be used for sleeping purposes, and occupancy of
a kitchen for sleeping shall constitute an illegal apartment or unit.
[Added 6-28-2007 by Ord. No. 2007-05]
C.
No portion of any basement or attic shall be used for sleeping purposes
unless it meets all of the requirements of the Uniform Construction
Code, Uniform Fire Code and New Jersey State Housing Code and the
owner has been issued a certificate of occupancy or certificate of
continuing occupancy which specifically includes a basement or attic
as a habitable space, which includes for sleeping purposes.
[Added 6-28-2007 by Ord. No. 2007-05]
[Added 6-28-2007 by Ord. No. 2007-05[1]]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington; and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Added 6-28-2007 by Ord. No. 2007-05]
A.
Public officer. The public officer shall exercise the powers prescribed
by this article. He may appoint or designate such other municipal
officers or employees as his assistants as may be required to perform
such of his functions and powers under this article as he deems necessary
for the enforcement of this article, including the making of inspections
and the holding of hearings.
B.
Inspection of premises. All premises within the Borough of Wallington
covered by this article shall be subject to inspection from time to
time by the public officer to determine the condition thereof in order
that he may perform his duty of safeguarding the health and safety
of the persons occupying the same and of the general public. For the
purpose of making such inspections, the public officer is hereby authorized
to enter, examine and survey, at all reasonable times, all such premises;
provided, however, that such entries are made in such manner so as
to cause the least possible inconvenience to the persons in possession.
The owner, operator and persons occupying the same shall give the
public officer free access to the same at all reasonable times for
the purpose of such inspection. Every person occupying such premises
shall give the owner and operator thereof access to that portion of
such premises at reasonable times for the purpose of making such repairs,
alterations or corrections as are necessary to effect compliance with
the provisions of this article or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
article.
C.
Search warrants. If the public officer is denied the right of inspection
by the owner or operator or occupant of a building, he may, upon affidavit
establishing good cause, apply to the Municipal Court or such other
court of competent jurisdiction for a search warrant to permit entry
into the premises in question.
[Added 6-28-2007 by Ord. No. 2007-05[1]]
The provisions of Chapter 276, Property Maintenance, including the additional remedies provided to the public officer, shall be applicable to apartments controlled by this Article II. To the extent that this Article II shall provide stricter standards or penalties or shall be inconsistent with Chapter 276, this article shall control.
