[Amended 2-22-2011 by Ord. No. 2-11, effective 3-20-2011]
The purpose of this code is to ensure the health, safety and
welfare of all residents of and visitors to the Borough of Lincoln
Park by establishing minimum standards governing the condition and
occupancy of residential premises; to establish minimum standards
governing the physical components and conditions essential to make
the aforesaid facilities fit for human habitation, use and occupancy;
to fix certain responsibilities on the owner-operators as well as
the occupants of said facilities; to authorize and establish procedures
for the inspection of residential premises; and to fix penalties for
any violation of this code, and it is intended that this code be liberally
construed to effectuate the purposes stated herein.
As used in this article, the following terms shall have the
meanings indicated:
Any room containing a bed or convertible bed used primarily
for sleeping that contains at least one openable fire egress window
facing directly to the outdoors or to a courtyard. Every bedroom must
have access to at least one bathroom without passing through another
bedroom. Bedrooms shall not constitute the only means of access to
other bedrooms. Kitchens, bathrooms, closets, halls, storage or utility
spaces, common areas, and similar areas shall not be utilized as bedrooms.[1]
The rooms within the dwelling unit shared by all occupants
for non-sleeping purposes.
A building or part of a building consisting of a single unit
providing complete, independent living facilities, intended for occupancy
as a residence for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
The Zoning Officer, Construction Code Official, Fire Inspector,
Health Officer, police officer, or his/her authorized designee.
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable spaces.
The space within a dwelling unit utilized for living, sleeping,
eating, cooking, bathing, washing and sanitation purposes.
Any person living or sleeping in a building or having possession
of a space within a building. For the purpose of this article, a child
under one year of age shall not be considered an occupant.
A dwelling unit that has more individuals residing therein
than square footage available in the permitted bedrooms to accommodate
all occupants, as determined by the number of permitted bedrooms and
the permitted occupancy of each bedroom. Dwelling units shall not
be occupied by more occupants than allowed under permitted occupancy.
The number of individuals permitted to reside in the dwelling
pursuant to the square footage of each bedroom as set forth in this
article.
Any room or space containing a bed or convertible bed or
used for sleeping purposes that does not meet the definition of "bedroom"
as contained herein.
One or more persons customarily living together as a single
housekeeping unit, whether related or not related to each other by
birth or marriage, as distinguished from a group of individuals, not
related, living together, financially independent of one another.
A.
Minimum standards. All residential dwellings shall meet the following
requirements:
(1)
Every bedroom occupied by an occupant shall contain at least 70 square
feet of floor area and every bedroom occupied by more than one person
shall contain at least 50 square feet of floor area for each other
occupant thereof.
(2)
Every bedroom shall have access to at least one bathroom without
passing through another bedroom.
(3)
A bedroom shall not constitute the only means of access to other
bedrooms or habitable space.
(4)
No kitchen, foyer, vestibule, or living area used in common by residents
of a dwelling unit shall be used for sleeping purposes.
(5)
Basements with habitable spaces and every sleeping room shall have
at least one openable emergency escape and rescue opening.
B.
Basements for human habitation. Basements may be used for human habitation,
provided that:
(1)
There is a minimum ceiling height of seven feet in at least 75% of
the living area.
(2)
There is sufficient light and ventilation and at least 50% is above
grade.
(3)
All furnaces or other heating facilities are located separate and
insulated from the living areas by fireproof partitions or walls necessary
so that the same do not constitute an undue hazard to the safety and
health of the occupants.
(4)
The habitable area is free from visible moisture and seepage at all
times.
A.
B.
A dwelling unit in which a single family resides that is technically
considered to be in violation of exceeding the permitted occupancy
may not be subject to the violation. The occupants shall have the
burden of proving that they are a single family.
A.
All buildings and premises subject to this article are subject to
inspection from time to time by an enforcement official of the Borough.
At the time of inspection, all rooms in the building and all parts
of the premises must be available and accessible for such inspection.
B.
All enforcement officials shall be supplied with official identification
issued by the Borough and upon request shall exhibit such identification
when entering any dwelling unit or any part of any premises subject
to this code. All enforcement officials shall conduct themselves so
as to avoid intentional embarrassment or inconvenience to occupants.
C.
Where an enforcement official is refused entry or free access or
is otherwise impeded, inhibited, restricted, obstructed, or prevented
by the owner/occupant, or someone acting on his/her behalf, from conducting
an inspection of the premises or any part thereof, such person shall
be in violation of this article.
D.
If deemed necessary, due to extenuating circumstances, a search warrant
may be obtained from the Borough Municipal Court, pursuant to law.
Any inspection conducted in connection with a duly issued search warrant
shall be accompanied by a uniformed police officer.
A.
The enforcement official, on discovery of a violation of this article,
may immediately issue a summons, answerable in Municipal Court, to
any person or entity who or which is in violation of any section of
this article. For each and every violation, a separate summons may
be issued.
B.
The summons may be served personally or by certified mail, return
receipt requested, at the last known address of the owner or any address
made known to the Borough and/or, in the case of a violation by an
occupant, may be posted on the door of the dwelling unit.
Where violations or conditions on the premises constitute an
immediate threat to life or limb unless abated without delay, the
enforcement official may either abate the condition immediately or
order the owner or occupant to correct the violation or condition
within a period of time not to exceed three days or, upon failure
to do so, the enforcement official shall abate the condition immediately
thereafter.
When the abatement of a condition so as to bring the premises
into compliance with municipal ordinances or state law requires the
expenditure of municipal funds, the appropriate Borough official shall
present a report of the proposed work to the Borough Administrator
with an estimate of the cost thereof and a copy of the notices provided
to the owner and/or occupant. The Borough Administrator shall review
and recommend the undertaking of remedial work and the adoption of
an authorizing resolution to the Borough Council for its consideration.
Upon passage of the resolution, the appropriate Borough official shall
undertake the necessary work, the cost of which shall not exceed the
amount set forth in the authorizing resolution. Upon completion of
the specified work, a report, including the total expenditure, shall
be submitted to the Borough Administrator and Council for approval,
whereupon the same shall become a lien against said property, collectible
as provided by law. A copy of the resolution approving the expenditure
shall be filed with the Borough Tax Collector and served upon the
owner/occupant along with the report supporting the same.
A.
Any violation of any ordinance other than this article discovered
by an enforcement official during an authorized inspection shall be
reported to the official or agency responsible for enforcement of
said other ordinance.
B.
Any Borough official who witnesses a violation of this article during
an authorized visit or inspection of a dwelling unit shall refer said
violation to the appropriate enforcement official for inspection.
The provisions of this article shall apply to every residential
building situated in the Borough of Lincoln Park used or intended
to be used for occupancy purposes, whether or not such building shall
have been constructed, altered, or repaired before or after the enactment
of this code, and irrespective of building permits or licenses which
may have been issued for the use and occupancy of the building previously.
