[Adopted 3-21-2006]
[Amended 3-27-2018 by Ord. No. 2018-11]
For the purposes of this article, the following definitions shall apply:
BUILDING
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.
CLEAR FILM
A material that, when applied over factory-installed glazing, has a neutral gray appearance.
OWNER
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.
REFLECTANCE
The percentage of visible light reflected by the sun-screening material or product.
RODENT/VERMIN ERADICATION
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.
RODENT/VERMIN HARBORAGE
Any condition which provides shelter or protection for rodents/vermin, thus favoring their multiplying and continued existence.
TRANSMITTANCE
The percentage of visible light and/or UV radiation that passes through a sun-screening material or product and the factory-installed glazing to which it is attached.
UNFIT BUILDING, DWELLING OR DWELLING UNIT
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.
VERMIN
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.
VISIBLE LIGHT
That portion of the electromagnetic spectrum that is directly observable, having wavelengths that range from 400 nanometers to 760 nanometers with a corresponding appearance of violet to red in color.
A. 
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:
(1) 
The notice shall be served upon the owner of the property and its occupants by certified mail or personal service.
(2) 
If the owner or occupants cannot be served in accordance with Subsection A(1), the notice shall be posted in a conspicuous place on the building.
B. 
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.
[Amended 3-27-2018 by Ord. No. 2018-11; 2-1-2022 by Ord. No. 22-02-01-9]
A. 
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.
B. 
Owners of all occupied buildings shall be required to submit an annual certification form to the City of Union City Health Department certifying that there is no visible mold in any area of the building and there are no pending tenant complaints concerning the presence of mold.
C. 
A copy of the certification form shall be available on the City website and must be submitted annually no later than June 30 of each year.
D. 
In the event that there is visible mold or that there is a pending tenant complaint concerning the presence of mold, remediation efforts must be taken immediately in order to submit the annual certification form.
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. 
The floor level of rooms used for sleeping is less than 3 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. 
The total of window area in each room is equal to at least the minimum, not less than 8%, of the floor area.
C. 
Such required minimum window area is located entirely above the grade of the ground adjoining such window area.
D. 
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. 
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. 
Every house, apartment, building or dwelling and every yard, court, passage, area and alley connected therewith or belonging thereto shall be kept clean.
B. 
The owner, agent, lessee and occupant of any tenement house, apartment, house, commercial or residential 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, animal droppings originating from the premises, including droppings from wild animals such as pigeons, or any condition that may become a detriment or menace to the health of the inhabitants of this municipality.
[Amended 11-21-2023 by Ord. No. 2023-77]
C. 
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. 
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. 
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. 
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. 
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.
[1]
Editor's Note: See Ch. 122, Construction Codes, Uniform.
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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.