[Ord. No. 06-28 § 2]
The purpose of this article is to insure the health, safety
and welfare of all residences and visitors of the Township of Rockaway
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; to fix penalties for any violation
of this code; and it is intended that this article be liberally construed
to effectuate the purposes stated herein.
[Ord. No. 06-28 § 2]
As used in this article:
Any room containing a bed or convertible bed used primarily
for sleeping that contains at least one openable 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.
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, 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.
[Ord. No. 06-28 § 2]
All residential dwellings shall meet the following requirements:
A.
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.
B.
Every bedroom shall have access to at least one bedroom without passing
through another bedroom.
C.
A bedroom shall not constitute the only means of access to other
bedrooms or habitable space.
D.
No kitchen, foyer, vestibule, or living area used in common by residents
of a dwelling unit shall be used for sleeping purposes.
E.
Basements with habitable spaces and every sleeping room shall have
at least one openable emergency escape and rescue opening.
[Ord. No. 06-28 § 2]
Basements may be used for human habitation provided:
A.
There is a minimum ceiling height of seven feet in at least 75% of
living area.
B.
There is sufficient light and ventilation and at least 50% is above
grade.
C.
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.
D.
The habitable area is free from visible moisture and seepage at all
times.
[Ord. No. 06-28 § 2]
A dwelling unit is in violation of exceeding the permitted occupancy
if any of the following exist:
[Ord. No. 06-28 § 2]
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.
[Ord. No. 06-28 § 2]
All buildings and premises subject to this article are subject
to inspection from time to time by an enforcing officer of the Township.
At the time of inspection, all rooms in the building and all parts
of the premises must be available and accessible for such inspection.
[Ord. No. 06-28 § 2]
All enforcement officers shall be supplied with official identification
issued by the Township and upon request shall exhibit such identification
when entering any dwelling unit or any part of any premises subject
to this code. All enforcement officers shall conduct themselves so
as to avoid intentional embarrassment or inconvenience to occupants.
[Ord. No. 06-28 § 2]
Where an enforcement officer 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.
[Ord. No. 06-28 § 2]
If deemed necessary, due to extenuating circumstances, a search
warrant may be obtained from the Township Municipal Court, pursuant
to law. Any inspection conducted in connection with a duly issued
search warrant shall be accompanied by a uniformed Police Officer.
[Ord. No. 06-28 § 2]
The enforcement officer, on discovery of a violation of this
article, may immediately issue a summons, answerable in Municipal
Court, to any person or entity who is in violation of any section
of this article. For each and every violation, a separate summons
may be issued.
[Ord. No. 06-28 § 2]
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 Township, and/or in the case of a violation by an
occupant, may be posted on the door of the dwelling unit.
[Ord. No. 06-28 § 2]
An individual or entity found to be in violation of overcrowding,
as set forth in this article, shall be subject to a fine in an amount
not to exceed $2,500 for the first violation, $5,000 for the second
violation, and $10,000 for all subsequent violations.
[Ord. No. 06-28 § 2]
Where violations or conditions on the premises 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 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 officer shall abate the condition immediately
thereafter.
[Ord. No. 06-28 § 2]
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 Township official
shall present a report of the proposed work to the Township Administrator
with an estimate of the cost thereof and a copy of the notices provided
to the owner and/or occupant. The Township Administrator shall review
and recommend the undertaking of remedial work and the adoption of
an authorizing resolution to the Township Council for their consideration.
Upon passage of the resolution, the appropriate Township 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 Township Administrator and Council for approval,
whereupon same shall become a lien against the said property, collectible
as provided by law. A copy of the resolution approving the expenditure
shall be filed with the Township Tax Collector and served upon the
owner/occupant along with the report supporting same.
[Ord. No. 06-28 § 2]
Any violation of an ordinance other than this article discovered
by an enforcement officer during an authorized inspection shall be
reported to the official or agency responsible for enforcement of
said other ordinance.
Any Township 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 enforcing officer for inspection.
[Ord. No. 06-28 § 2]
The provisions of this article shall apply to every residential
building situated in the Township of Rockaway 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 their respective building permits or licenses which
may have been issued for the use and occupancy of the building previously.
