The purpose of this chapter is to protect the public health,
safety, morals, and welfare by establishing minimum standards governing
the maintenance, appearance, condition, and occupancy of residential
and nonresidential premises; to establish minimum standards governing
utilities, facilities, and other physical components and conditions
essential to make the aforesaid facilities fit for human habitation,
occupancy, and use; to fix certain responsibilities and duties upon
owners and operators, and distinct and separate responsibilities and
duties upon occupants; to authorize and establish procedures for the
inspection of residential and nonresidential premises; to fix penalties
for the violations of this chapter; and to provide for the repair,
demolition or vacation of premises hereby declared to be remedial
and essential for the public interest, and it is intended that this
chapter be liberally construed to effectuate the purposes as stated
herein.
As used in this chapter, the following terms shall have the
meanings indicated:
BASEMENT
That portion of the building that is partly underground and
which has more than 1/2 of its height, measured from clear floor to
ceiling, above the average adjoining ground level. When natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level should be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching.
CELLAR
Lowermost portion of the building that is partly or totally
underground and which has 1/2 or more of its height, measured from
clear floor to ceiling, below the average adjoining ground level.
When the natural contour of the ground level immediately adjacent
to the building is interrupted by ditching, pits, or trenching, then
the average adjoining ground level shall be the nearest natural contour
line parallel to the walls of the building without regard to the levels
created by the ditching, pits, or trenching.
DWELLING UNIT
Any room or group of rooms located within a dwelling forming
a single habitable unit which includes facilities for living, sleeping,
cooking, eating, bathing and sanitary purposes.
ENFORCEMENT PERSONNEL/INSPECTOR
The following employees of the Township of Morris are authorized
to enforce the provisions of this chapter:
B.
Construction Code representative, as designated by the Construction
Code Official.
C.
Fire Department representative, as designated by the Fire Chief.
D.
Any member of the Police Department.
E.
Any member of the Health Department.
FIRE HAZARD
Anything or any act which increases or may cause an increase
in the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing, or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, delay, hazard, or
hindrance to the prevention, suppression, or extinguishment of fire.
IMMEDIATE FAMILY
The head of the family, spouse, the parents, and children
(including legally adopted children) of either the head of the family
or spouse. There shall be a rebuttable presumption that three or more
persons occupying any dwelling unit or rooming unit are not related
to one another, and the burden of establishing immediate family relationship
shall be on the person or persons asserting it.
NET FLOOR AREA
The net floor area within the dwelling unit or rooming unit,
as the case may be, shall be computed by deducting from the gross
floor area the following:
A.
Built-in equipment, wardrobes and closets, bathrooms, water
closet compartments, laundries, serving and storage pantries, cellars,
heating rooms, boiler rooms, utility rooms, kitchens, kitchenettes,
and areas utilized for cooking purposes.
B.
Other rooms or spaces that are not used frequently and regularly
for living purposes.
C.
Such parts thereof as are used exclusively as hallways or corridors,
entrance foyers and vestibules, or, when part of the larger area,
so much thereof as is required to provide a means of passage three
feet in width through the room or foyer immediately adjoining from
any point of ingress from the exterior of the dwelling unit to any
exit from such room or foyer.
D.
Such part of any room where the floor-to-ceiling height is less
than seven feet six inches.
E.
Any room or part remaining after eliminating areas in Subsection
C or
D above which would then contain less than 50 square feet.
NUISANCE
A.
Any public nuisance known in common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Township of Morris.
B.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but is not limited
to abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation such as poison
ivy, oak, or sumac, which may prove a hazard for inquisitive minors.
C.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
D.
Overcrowding of a room with occupants in violation of this chapter.
E.
Insufficient ventilation or illumination in violation of this
chapter.
F.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this chapter.
G.
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this chapter.
H.
Whatever renders air, food or drink unwholesome and is detrimental
to the health of human beings.
OCCUPANT
Any person living, sleeping or having actual possession of
a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care and control of a dwelling
or premises or a part thereof, whether with or without the consent
and knowledge of the owner.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to a premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit as owner or agent of the
owner, or fiduciary responsibility, including but not limited to executor,
executrix, administrator, administratrix, trustee, receiver, or guardian
of the estate, or as a mortgagee in possession, regardless of how
such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of a dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by said lessee.
The provisions of this chapter shall apply to every residential
building situated in the Township of Morris 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 chapter, and their respective building permits or licenses
which may have been issued for the use and occupancy of the building
previously.
All buildings and premises subject to this chapter are subject
to inspection from time to time by an enforcing officer of the Township.
At the time of such inspection, all rooms in the building and all
parts of the premises must be available and accessible for such inspections,
and the owner, operator, and occupant are required to provide the
necessary arrangements to facilitate such inspections. Such inspections
shall be made between 8:00 a.m. and 4:00 p.m., unless one of the following
conditions exists:
A. The premises are not available during the foregoing hours for inspections.
B. There is reason to believe that violations are occurring on the premises
which can only be determined and proved by inspections during other
than the prescribed hours or which require immediate inspection after
being reported.
C. There is reason to believe a violation exists of a nature which is
an immediate threat to health or safety, requiring inspection and
abatement without delay.
Enforcement personnel shall be supplied with official identification
issued by the Township of Morris and, upon request, shall exhibit
such identification when entering any dwelling unit, rooming unit,
or any part of any premises subject to this chapter. Inspectors shall
conduct themselves so as to avoid intentional embarrassment or inconvenience
to occupants.
Except as provided in Subsection J, where a violation of this
chapter or the regulations hereunder is found to exist, a written
notice from the enforcement officer shall be served on the person
or persons responsible for the correction thereof.
A. Contents of notice. The notice shall specify the violation or violations committed; what must be done to correct same; a reasonable period of time, not to exceed 30 days, within which to correct or abate the violation; the right of the person served to request a hearing; and that the notice shall become an order of the enforcement officer in 10 days after service unless a hearing is requested pursuant to Subsection
C.
B. Service of notice. Notice may be served personally or by prepaid
telegram or by certified mail, return receipt requested, with postage
prepaid, addressed to the last known address of the person to be served.
In the case of an occupant, notice may be posted upon the door of
his dwelling unit or rooming unit. Where it is ascertained that the
owner does not reside on the premises, the last known address shall
be the address of the owner as shown in the office of the Tax Assessor.
If the last known address cannot be ascertained, the notice may be
posted on the outside front entrance of the building. The enforcement
officer shall file and provide notice to any owner, operator, or occupant
of any violation at any address other than the last known address
provided hereunder if such other address is made known to the Township.
Service upon an owner, operator, or occupant may also be attained
by service of any notice upon a resident member of the family of the
owner, operator, or occupant. Date of service of the notice shall
be determined, where service is by mail, as of the fourth day following
the day of mailing for notices to addresses within the Township, and
as of the fourth day after the day of mailing for notices to addresses
outside the Township. Where the day of service would fall upon a Sunday
or other day when mail is not ordinarily delivered, then the day of
service shall be the next regular delivery day.
C. Notice to become an order unless hearing requested. Within 10 days
of the date of service of a notice, the notice shall constitute a
final order unless any person affected by the notice requests a hearing
thereon and serves a written request within the ten-day period in
person or by mail on the enforcement officer who issued the notice
of violation. Such request for a hearing shall set forth briefly the
grounds or reasons on which the request for a hearing is based and
the factual matters contained in the notice of violation which are
to be disputed at the hearing. The enforcement officer, upon receipt
of the request, shall, within 30 days therefrom and upon five days'
notice to the party aggrieved, set the matter down for hearing. Any
person exercising his right of a hearing pursuant to this provision
who, without just cause, fails to appear or fails to have his representative
appear on the date the matter is set down for hearing shall forfeit
his right of a hearing, and the notice shall become an order to correct
the violations within the time specified.
D. Determination at hearing. At any hearing provided hereunder, the
enforcement officer shall be vested with all the powers provided by
law to compel the attendance of witnesses and parties in interest
by issuance and service of a subpoena, to require by subpoena the
production of books, records, or other documents at any such hearings
which may be pertinent to the matter to be determined by him/her,
and to enforce any such subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
enforcement officer shall issue an order either incorporating the
determinations and directions contained in the notice, modifying the
same or withdrawing the notice.
E. Extensions of time. The enforcement officer may extend the time for
correction or abatement of the violation for an additional period
of time not to exceed 30 days.
F. Summary abatement in emergency; notice and hearing not required.
Where the violation or condition existing on the premises is of such
a nature as to constitute an immediate threat to life or limb unless
abated without delay, the enforcement officer may either abate the
condition immediately or order the owner, operator, or occupant to
correct the violation or condition within a period of time not to
exceed three days, and upon failure to do so, the enforcement officer
shall abate the condition immediately thereafter.
G. Cost of abatement to be a lien against premises. Where abatement
of any nuisance as defined herein, correction of a defect in the premises,
demolition or the maintenance of the premises in a proper condition
so as to conform to municipal ordinances or state law applicable thereto
requires expending Township moneys therefor, the appropriate Township
official shall present a report of work proposed to be done to accomplish
the foregoing to the Township Administrator with an estimate of the
cost thereof along with a summary of the proceedings undertaken by
the enforcement officer to secure compliance, including notices served
upon the owners, operators, lessor or agents, as the case may be,
hearings and orders of the enforcement officer with reference thereto,
and costs of emergency abatement of conditions constituting an immediate
threat to life and limb. The Township Administrator shall recommend
to the Township Committee who may thereupon by resolution authorize
the abatement of the nuisance, correction of the defect or work necessary
to place the premises in proper condition and in compliance with ordinances
of the Township and laws of the state. The appropriate Township official
may thereafter proceed to have the work performed in accordance with
the resolution at the Township's expense, not to exceed the amount
specified in the resolution, and shall, upon completion thereof, submit
a report of the moneys expended and costs to the Township Administrator
and the Township Committee. After review of the same, the Committee
may approve the expenses and costs, whereupon the same shall become
a lien against said premises, collectible as provided by law. A copy
of the resolution approving the expenses and costs shall be filed
with the Tax Collector of the Township, who shall be responsible for
the collection thereof, and a copy of this report and resolution shall
be sent by certified mail to the owner.
H. Referral of violations. Any violation of any ordinance other than
this chapter discovered by an inspector shall be reported to the official
or agency responsible for the enforcement of such other ordinance.
I. Extension of time where dispossession action undertaken. Where there
exists a violation of occupancy standards hereunder, an owner or operator,
upon receipt of a notice of violation, if unable to eliminate the
violation by peaceable means within the period of time specified in
said notice, shall commence within such period legal action to dispossess,
evict, or eject the occupant who causes the violation. No further
action hereunder shall then be taken against the owner or operator
so long as the action aforesaid is pending in the court and is prosecuted
expeditiously and in good faith.
J. Where notice and hearing not required prior to court proceedings.
Notwithstanding the requirements of this section, violations of this
chapter may be prosecuted in the Municipal Court by the filing of
a complaint by the enforcement officer.
K. Effect of notice on owner. For the purposes of enforcement of this
chapter, the service of a notice on an owner, whether or not the owner
is also the operator, shall constitute notice of violations set forth
therein until said violations are abated in conformity with this chapter
and the other applicable ordinances of the Township of Morris.
Where premises are ordered vacated by the Township, all doors
to the exterior shall be locked and first-story or basement and cellar
windows barred or boarded to prevent entry. The owner shall be responsible
for the foregoing, as well as the costs thereof. Where an order is
issued pursuant to this section, it shall be served on all persons
affected thereby. When the conditions or the violations complained
of are corrected, the owner or occupant affected thereby may request
a reinspection, which shall be provided upon the payment of a reinspection
fee of $75. Based on the reinspection, the enforcement officer shall
issue a further order, which shall either revoke the previous order
and permit occupancy or state such further conditions or time limits
during which additional repairs or improvements are to be made before
occupancy is again permitted, or order vacation and demolition. Upon
compliance with the conditions contained in any order, the enforcement
officer shall permit the signs to be removed and the premises made
available again for occupancy.