[1980 Code § 121-5; Ord. No. O-37-05 § I; Ord. No. O-28-12]
As used in this chapter:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
A systematic inspection of more than one premises in close
geographic proximity within an area designated in the Town for concentrated
area code enforcement.
The 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. Where 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.
The enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets and sinks.
A combination of materials to form a structure adapted to
permanent or continuous occupancy or use for public, institutional,
residential, business or storage purposes.
Lowermost portion of the building partly or totally underground,
having half or more of its height, measured from clear floor to ceiling,
below the average adjoining ground level. Where 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.
A heating system in a fire-resistant enclosed space or spaces
separate and apart from the area to be heated, which system is permanently
affixed on a fireproof base in accordance with the State Uniform Construction
Code and all other applicable codes of the State of New Jersey and
the Town of Morristown. Direct electric and/or gas heating systems
without the use of a boiler, serving all dwelling units in a structure,
are exempt from the above requirements.
A kitchen facility shared by occupants of one or more rooming
units or dwelling units.
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
The Chief Housing Inspector of the Division of Property Maintenance
and Inspections of the Department of Code Enforcement and such other
persons as may be designated by him to act on his behalf.
The Division of Health of the Department of Code Enforcement
of the Town of Morristown.
A space in a building where group sleeping accommodations
are provided in one room, or in a series of closely associated rooms,
for persons not members of the same family group, under joint occupancy
and single management, as in college dormitories or fraternity houses.
[Added 3-13-2018 by Ord.
No. O-5-2018]
Any structure designated for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that the foregoing
shall not apply to hotels.
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 toilet purposes.
Any person under the age of 18 who is gainfully employed
and self-supporting or who is married to a spouse who is gainfully
employed and who supports the minor, or who is a student living away
from home and in regular attendance at an institution of higher learning.
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public or any member
thereof from a sidewalk, street, alleyway, licensed open-air parking
lot or from any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside any building erected
thereon.
The control and elimination of insects, rodents and vermin
by elimination of their harboring places; by removing or making inaccessible
material that may serve as their food; by poisoning, spraying, fumigating,
trapping or by other approved means of pest elimination.
One or more persons occupying a premises and living as a permanent and stable single housekeeping unit, as distinguished from a group occupying a boardinghouse, rooming house or hotel, as herein defined in Chapter 30.
[Added 3-13-2018 by Ord.
No. O-5-2018]
The Fire Chief of the Town of Morristown.
Any thing or any act which increases or may cause an increase
of 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, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
The total area within a dwelling unit or rooming unit available
and accessible to the occupants thereof for all purposes associated
with living in the unit.
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater and boiler rooms, utility
rooms and other rooms or spaces that are not used frequently or for
an extended period of time or that have less than 50 square feet of
net floor area, all of which shall not be considered as "habitable
rooms."
All officials, officers or employees of the Town of Morristown
entrusted with the enforcement of this Code.
A rooming unit in other than a single family dwelling which
opens directly to the exterior of the premises by way of a common
hallway, common areaway or common stairway or door to the exterior
of the premises without passing through any other rooming unit or
dwelling unit.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any room or part of a room used for cooking or the preparation
of food.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
Any building or structure and land appurtenant thereto containing
three or more apartments, as rented or offered for rent to three or
more tenants or family units.
The net floor area within the dwelling unit or rooming unit,
as the room may be, computed by deducting from the gross floor area
the following:
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.
Other rooms or spaces that are not used frequently and regularly
for living purposes.
Such parts thereof as are used exclusively as hallways or corridors,
entrance foyers or vestibules, or, where part of a 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.
Such part of any room where the floor-to-ceiling height is less
than seven feet six inches.
Any room or part remaining after eliminating areas in any subsection
above which would then contain less than 50 square feet.
Any public nuisance known at common law or as provided by the
statutes of the State of New Jersey or the ordinances of the Town
of Morristown.
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 refrigerators,
motor vehicles; any structurally unsound fences or structures; unfenced
swimming pool, lumber, trash, fences, debris or vegetation such as
poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Overcrowding of a room with occupants in violation of this Code.
Insufficient ventilation or illumination in violation of this
Code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions, noxious smells, or conditions dangerous
to health in violation of this Code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person living, sleeping or having actual possession of
a dwelling unit or rooming unit.
Any person who has charge, care or control of a dwelling
or premises or a part thereof, whether with or without the consent
and knowledge of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any 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 as fiduciary, 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 much
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any 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.
All of the following supplies, facilities and equipment:
gas pipes, gas burning equipment, water pipes, garbage disposal units,
waste pipes, toilets, sinks, installed dishwashers, bathtubs, shower
stalls, installed clothes-washing machines, catch basins, vents and
any other similar supplied fixtures, together with all connections
to water, sewer or gas lines, and water pipes and lines utilized in
conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to: garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
Registered mail or certified mail.
Space in an enclosed building, or space set apart by a partition
or partitions, and any space in a building, used or intended to be
used as a bedroom, dining room, living room, kitchen, sewing room,
library, den, music room, dressing room, enclosed sleeping porch,
sunroom, party room, recreation room, breakfast room, study, storage
room and similar uses.
Any room or group of rooms forming a single habitable unit
other than a dwelling unit, which is rented or available for rent
for sleeping purposes, with or without cooking facilities.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, wood, glass, bedding, crockery and similar
materials.
Any sanitary sewer owned, operated and maintained by the
Town of Morristown and available for public use for the disposal of
sewage.
Waste from a flush toilet, bathtub, sink, dishwashing or
laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
Any dwelling containing one dwelling unit, which may also
contain one rooming unit, and which is occupied by not more than one
family.
[Amended 3-13-2018 by Ord. No. O-5-2018]
The New Jersey State Uniform Construction Code, as set forth
in N.J.S.A. 52:270-119 et seq. or amendments thereto.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling directly above a basement or cellar
is more than six feet above grade, such basement or cellar shall be
considered a "story."
Combination of any materials, whether fixed or portable,
forming a construction, including buildings.
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets or sinks.
Enclosed space containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
Deterioration, decay or damage caused by exposure to the
elements.
