It is the intent of this article to establish an "Unlawful Residential
Units" Ordinance and authorize new policies and procedures for the
monitoring of illegal dwellings as a mechanism to protect and preserve
the public health, safety, welfare, security, neighborhood vitality,
economic vitality and the quiet enjoyment of residents, by:
A. Investigating all complaints of illegal dwellings.
B. Assisting those who unknowingly lease illegal dwellings.
C. Issuing notices and/or summons to those who intend to profit from
illegal dwellings.
For the purposes of this article, certain words and phrases
used are defined as follows:
ATTIC
The space between the ceiling beams of the top story and
the roof rafters.
ILLEGAL DWELLING
A dwelling unit for which no certificate of occupancy has
been issued, or which is without the approval of requisite agencies
or boards of the Borough of Roselle.
OCCUPYING
Using a room or rooms or space or spaces for a specific purpose,
including but not limited to sleeping.
PERMITTING OCCUPANCY
Allowing a person or persons to utilize a room or rooms,
space or spaces for a specific purpose, including but not limited
to sleeping. An owner or operator of any premises shall be responsible
for the utilization of any room or rooms or space or spaces within
any premises under his/her ownership/control. There shall be a rebuttable
presumption that a property owner shall be the cause of occupancy
of any portion of his/her property.
PUBLIC OFFICER
The Code Enforcement Officer, or any other Borough Official,
as authorized by this chapter to exercise the powers prescribed by
this article. Notwithstanding any other provision of law to the contrary,
nothing shall prevent the Mayor and Council from designating more
than one public officer for different purposes as provided by law.
That a certain portion of the New Jersey Statutes Annotated,
more specifically N.J.S.A. 2A:18-61.1 et seq., sometimes commonly
referred to as the "Tenant's Bill of Rights," and as amended or supplemented
from time-to-time, is adopted in its entirety by reference, as if
fully set out in this chapter.
Any tenant who receives a notice of eviction pursuant to the
provisions of N.J.S.A. 2A:18-61.2 that results from zoning or code
enforcement activity for an illegal occupancy shall be considered
a displaced person and shall be entitled to relocation assistance
in an amount equal to six times the monthly rental paid by the displaced
person. The owner and/or landlord of the structure shall be liable
for the payment of relocation assistance pursuant to this section
for permitting occupancy in an illegal dwelling.
Within 10 days following receipt of a notice to abate an unlawful
occupancy in violation of the Zoning Ordinance of the Borough of Roselle
or within 10 days following receipt of a summons for violation of
this section or the Zoning Ordinance of the Borough of Roselle or
prior to the institution of dispossess proceedings to correct an illegal
occupancy, whichever first occurs, the owner of residential premises
within the Borough of Roselle shall serve upon all of the unlawful
occupants using or occupying said residential premises a copy of this
section and shall post a copy of this section in a common area of
the premises accessible to all the occupants thereof for inspection.
As defined in Chapter
595, Property Maintenance, §
595-53B, all premises within the Borough of Roselle covered by this section shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he/she may perform his/her duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, examine and survey, at all reasonable times, all such premises; provided, however, that such entries are made in such manner so as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the Public Officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of premises at reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section, and to issue summonses for any violations.
As defined in Chapter
595, Property Maintenance, §
595-53C, the Public Officer may determine that a building is unfit for human habitation, use or occupancy if found that conditions exist in such building which are dangerous or injurious to the health and/or safety of persons occupying or using the same or neighboring buildings or to other residents of the Borough of Roselle. Such conditions may include the following, without limiting the generality of the foregoing: the hazards of fire, accident or other calamities, dilapidation and deterioration.
Basements shall be used only in conjunction with the dwelling
unit above. Use of basements as a separate dwelling unit is prohibited.
Any modifications to an existing basement must be approved by the
Planning Board.
Any residential attic used for other than incidental storage
must meet the following criteria:
A. Under no circumstances shall the attic be offered as a separate dwelling
unit.
B. The attic must be an integral part of the dwelling unit below and
shall not be leased to any party. Attic occupant(s) shall have full
use of the floor below.
C. Access to the attic shall be through the dwelling unit immediately
below the attic. If fire exits are required, only egress shall be
allowed. Entrance to the attic through fire exits shall be prohibited,
and proper door hardware shall be installed to prevent entry.
D. Egress windows must be installed in every attic bedroom prior to
occupancy.
E. The attic must be inspected and approved by all applicable Borough
agencies before occupancy.
F. No portable heating appliances shall be used in an attic.
The administrative and enforcing authority for the provisions
of this chapter shall be the Borough of Roselle Code Enforcement Officer.
Additionally, enforcement authority shall also be vested in, but not
limited to, the Building Department, Health Department, as well as
the Police Department, Fire Department, and the Department of Public
Works.
For any and every violation of the provisions of this article,
the owner, realtor, general agent or contractor of a building or premises
in which part such violation has been committed or shall exist, and
the realtor, general agent, architect, builder, contractor or any
other person who commits, takes part or assists in such violation
or who maintains any building or premises in which any such violation
shall exist, shall, for each and every violation and for each and
every day that such violation continues, be subject to a fine of not
more than $1,000 per day or be subject to imprisonment in the county
jail for a period of 90 days or by a period of community service not
exceeding 90 days. The court may impose all, some or any combination
of these sanctions.