[Adopted 3-21-2006]
For the purposes of this article, the following definitions
shall apply:
Any structure, whether public or private, whether vacant
or occupied, that is adapted to or used for dwelling occupancy; for
the transaction of business; for the rendering of professional services;
amusement; the display or sale or storage of goods, wares, merchandise,
articles or equipment; for the performance of work or labor; for office
buildings, public buildings, stores, theaters, markets, restaurants,
warehouses, worships, garages or structures where domestic or other
animals or fowl are kept; for sheds, outbuildings, or other structures
or premises used as accessory to any such use.
The actual owner of the buildings, whether an individual,
partnership or corporation, or the agent of the building or other
person having custody of the buildings or to whom the rent is paid.
The elimination or extermination of rodents/vermin within
buildings by any or all accepted measures, such as poisoning, fumigation
or trapping, so that the buildings are completely freed of rodents
and there is no evidence of rodent infestation.
Any condition which provides shelter or protection for rodents/vermin,
thus favoring their multiplying and continued existence.
One which is so damaged, decayed, dilapidated, unsanitary,
unsafe, vermin-infested or so located that it creates a serious hazard
to the health or safety of the occupants and/or lacks illumination,
ventilation, is structurally unstable, constitutes a fire hazard,
lacks exit and sanitation facilities adequate to protect the health
or safety of the occupants or of the public.
Includes rodents and other objectionable little animals or
insects, such as, but not limited to, larvae, flies, Cimex lectularius
L., commonly known as "bed bugs," roaches, fleas, lice and mites.
A.Â
Whenever it shall be decided by the Health Officer or his/her designee
that any building or part thereof occupied as a residence or business
is unfit for human habitation by reason of its unsanitary condition,
the Health Officer or his/her designee shall cause a notice of such
decision, together with the reasons therefor, to be served in the
following manner:
B.Â
The notice shall state that the building or a designated part thereof
shall be vacated within the time as is specified in the notice and/or
to abate the violations within the time as is specified in the notice.
No owner or lessee of any building or any part thereof shall
lease or let or hire out the same or any portion thereof to be occupied
by any person or allow the same to be occupied as a place in which
or for anyone to dwell or lodge, except when such building or such
part thereof is sufficiently lighted and ventilated and is in all
respects in that condition of cleanliness and wholesomeness required
by this code, any ordinance of the City of Union City or any law of
this state or in which they require such premises to be kept.
No person shall occupy or let to another for occupancy any basement
space within a dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
A.Â
The floor level of rooms used for sleeping is less than 3Â 1/2
feet below the average grade of ground adjacent to and within 15 feet
of the exterior walls of such rooms. The floors and walls must be
impervious to leakage of underground and surface runoff water and
insulated against dampness, and provided that the windows thereof
are at least 15 feet from the nearest building or wall.
B.Â
The total of window area in each room is equal to at least the minimum,
not less than 8%, of the floor area.
C.Â
Such required minimum window area is located entirely above the grade
of the ground adjoining such window area.
D.Â
The total of openable window area in each room is equal to at least
the minimum of 4% of the floor area being ventilated, except where
there is supplied some other device affording adequate ventilation
and approved by the public officer.
E.Â
Prior zoning approval, Uniform Construction Code approval and a certificate
of occupancy to occupy the basement area have been received.
[Added 5-21-2013]
No owner, agent, lessee or keeper of any tenement house, lodging
house or boardinghouse or dwelling shall cause so great a number of
persons to dwell, be or sleep in any such house or any portion thereof
as to provide less than the minimum standards of the Housing Code
of the City of Union City in regard to occupancy and air space.
A.Â
Every house, apartment, building or dwelling and every yard, court,
passage, area and alley connected therewith or belonging thereto shall
be kept clean.
B.Â
The owner, agent, lessee and occupant of any tenement house, apartment,
house, building or dwelling or part thereof shall maintain the interior
and exterior premises free of garbage, filth, decaying organic matter,
organic waste, stagnant water, vermin or any condition that may become
a detriment or menace to the health of the inhabitants of this municipality.
C.Â
The use of any paint or any pigmented liquid substance applied to
surfaces by brush, roller or spray or other means, in which the total
nonvolatile ingredients contain more than 0.5% of lead by weight or
5,000 parts per million (ppm) by atomic absorption analysis or one
milligram per square centimeter, on the interior or exterior surfaces
of any dwelling or dwelling unit is prohibited.
D.Â
When it is determined that lead-based paint or any pigmented liquid substance in excess of the standards set forth in Subsection C exists, the Health Officer or his/her designee or his/her authorized agent may order the removal or abatement of such hazard. Such removal or abatement must be conducted in such a manner as not to constitute a threat to the health or safety of residents, occupants or workers and shall be conducted by properly trained workers under the direction of qualified supervisors and utilize currently acceptable industry standards and work practices.
E.Â
Unconfined power sanding or abrasive blasting of the surface coating
of any building is prohibited. Sanding or blasting requires the use
of a dust-catching cover equipped with a high-efficiency particulate
air (HEPA) vacuum. For all methods of paint or surface-coating removal,
adequate measures, including ground cover, must be taken to contain
dust and chips.
A.Â
Every house, apartment, building, business or dwelling shall be provided
with a safe supply of potable water meeting the standards as set forth
in Potable Water Standards, as published by the New Jersey State Department
of Health and Senior Services, and shall be provided with a supply
of hot water with a minimum temperature of 120° F.
B.Â
The minimum rate of flow of hot or cold water issuing from a faucet
shall be not less than two gallons per minute.
In each dwelling, a minimum of one toilet and one sink in good
and serviceable condition or as otherwise prescribed by the Uniform
Construction Code[1] shall be provided for each family living separately. Every
premises occupied as commercial, business or industrial shall be provided
with a minimum of one toilet and one sink in good and serviceable
condition or as otherwise prescribed by the Uniform Construction Code.
The owner, lessor or agent of any building or part thereof used
in any degree for occupation by human beings, whether for business
or dwelling purposes, shall keep the roofs, gutters and sidewalls
of such building so that same shall not leak.
No chimney, smoke pipe, smokestack, flue or any part thereof
or any connection therewith shall be or remain so defective or out
of repair as to allow any noxious fumes or odors to escape into said
building.
A.Â
It shall be unlawful to demolish, raze, or renovate a building, dwelling
or structure vacated or otherwise in the City of Union City unless
provisions are made for rodent and vermin eradication or proof that
such infestation does not exist. Proof of such must be submitted to
the Department of Health 14 days prior to the commencement of renovation,
demolition, razing or moving and once every 30 days thereafter until
the completion of such renovation, demolition, razing or moving. The
owner, agent or individual(s) responsible for the demolition, razing,
moving or renovation of a building, dwelling or structure shall ensure
that the building, dwelling or structure subject to demolition, razing,
or moving or renovation shall remain free of rats, rodents or other
vermin for the duration of the demolition, razing, or moving process
by hiring a commercial pesticide applicator licensed by the State
of New Jersey Department of Environmental Protection.
B.Â
For the duration of the demolition, renovating, razing or moving
process, the owner thereof or person responsible for such demolition
shall provide for a method of containing migrant dusts at the site
by hydrating at intervals reasonably necessary to contain the spread
of migrant dusts on the construction site.
A.Â
The Health Officer or his designee shall be permitted to examine
and inspect any building, dwelling or structure as often as he deems
necessary before, during or after demolition, renovating, razing or
moving occurs to ensure compliance with this article.
B.Â
No person shall obstruct or hinder or cause to obstruct or hinder
the Health Officer or his designee from examining and inspecting all
areas and adjacent areas of sites before, during or after demolition,
renovating, razing or moving occurs to ensure compliance with this
article.
C.Â
The Health Officer or his designee may cause an order stopping the
demolition, renovating, razing or moving of any building, dwelling
or structure if, in his judgment, a public health nuisance is occurring
or may occur.
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punished by
a fine not exceeding $1,000 or imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
a combination thereof, and each violation 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.
A.Â
In any
case where a provision of this article is found to be in conflict
with the provision of any zoning, building, fire, safety or health
ordinance or code of the City of Union City, the provision which establishes
the higher standard for the promotion and protection of the health
and safety of the people shall prevail.
B.Â
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 of Union
City which establishes a lower standard for the promotion and protection
of health and safety of the people, the provisions of this article
shall be deemed to prevail, and such other ordinance or codes are
hereby declared to be repealed to the extent that they may be found
in conflict with this article.
Any person, firm or corporation who rents, leases or causes
to be rented, leased or otherwise occupied any dwelling unit in violation
of any provision of this article or any other chapters of the Code
of the City of Union City which results in the displacement of tenants,
pursuant to N.J.S.A. 20:4-4.1 et seq., shall be responsible for all
relocation costs as set forth in N.J.S.A. 20:4-4.1 et seq.
