[1980 Code § 121-13; Ord. No. O-44-93 Ord. No. O-24-04]
a.
Free of hazards and unsanitary conditions. The exterior of the premises
and all structures thereon shall be kept free of all nuisances and
any hazards to the safety of occupants, pedestrians and other persons
utilizing the premises and free of unsanitary conditions, and any
of the foregoing shall be promptly removed by the owner or operator.
It shall be the duty of the owner or operator to keep the premises
free of hazards, which include, but are not limited to the following:
1.
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
2.
Natural growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
3.
Overhangings. Loose and overhanging objects and accumulations of
ice and snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
4.
Icy conditions and uncleared snow on paths, walks, driveways on multiple
dwelling properties, parking lots and parking areas and other parts
of the premises which are accessible to and used by persons on the
premises shall be cleared within 12 hours after it stops snowing.
5.
Ground surface hazards or unsanitary conditions. Holes, excavations,
breaks, projections, obstructions and excretions of pets and other
animals on paths, walks, driveways, parking lots and parking areas
and other parts of the premises which are accessible to and used by
persons on the premises. All such holes and excavations shall be filled
and repaired, walks and steps replaced and other conditions removed
where necessary to eliminate hazards or unsanitary conditions with
reasonable dispatch upon their discovery.
b.
Recurring accumulation of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any such recurrent or excessive
accumulation of stormwater.
c.
Sources of infestation. Every owner of a dwelling other than a single-family
dwelling shall be responsible for the elimination of infestation in
and upon the structure and grounds. Every owner of a single-family
dwelling under his exclusive control shall be responsible for the
elimination of infestation in and upon the structure and grounds.
d.
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
e.
Chimneys and all flue and vent attachments thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed. Chimneys, flues,
gas vents or other draft-producing equipment shall provide sufficient
draft to develop the rated output of the connected equipment and shall
be structurally safe, durable, smoketight and capable of withstanding
the action of flue gases.
f.
Exterior porches, landings, balconies, stairs and fire escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained to minimize
the hazard of falling, and the same shall be kept structurally sound,
in good repair and free from defects.
g.
Brush and hedges near roadways and intersections. All brush, hedges
and other plant life, growing within 10 feet of any roadway and within
25 feet of the intersection of two roadways shall be cut to a height
of not more than 2 1/2 feet.
[1980 Code § 121-14; Ord. No. O-33-92]
a.
Residential. The exterior of the premises, the exterior of dwelling
structures and the condition of accessory structures shall be maintained
so that the appearance of the premises and all buildings thereon shall
reflect a level of maintenance in keeping with the residential standards
of the neighborhood, such that the appearance of the premises and
structures shall not constitute a blighting factor for adjoining property
owners nor an element leading to the progressive deterioration and
downgrading of the neighborhood with the accompanying diminution of
property values, including the following:
1.
Storage of commercial and industrial material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas, equipment and materials relating to commercial
or industrial uses unless permitted under the Zoning Regulations for
the premises.
2.
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting
factor depreciating adjoining property and impairing the good residential
character of the neighborhood. The grass on lawns and on grass strips
located on sidewalks abutting the property shall be cut to a height
not exceeding six inches.
3.
Signs. All signs permitted by reason of other regulations or as a
lawful nonconforming use shall be maintained in good repair, and printed
matter, pictures or illustrations contained thereon shall be completely
maintained or, when no longer in use, completely removed.
4.
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the residential character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that by their appearance
under prevailing appraisal practices and standards will depreciate
the values of neighboring and adjoining premises as aforesaid.
5.
General maintenance. The exterior of every structure or accessory
structure, including fences, shall be maintained in good repair and
all surfaces thereof shall be kept painted or whitewashed where necessary
for purposes of preservation and appearance. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration or inadequate
maintenance, to the end that the property itself may be preserved,
safety and fire hazards eliminated and adjoining properties and the
neighborhood protected from blighting influences.
6.
Front yard parking. No person shall park or stop any motor vehicle,
or permit or suffer the same to be done, in any front yard area of
premises occupied by a dwelling or hotel, except on driveways and
parking areas constructed and installed in compliance with applicable
Town ordinances and not less than three feet from the interior front
sidewalk line adjacent to said premises.
b.
Nonresidential. The exterior of the premises and the condition of
accessory structures shall be maintained so that the appearance of
the premises and all buildings thereon shall reflect a level of maintenance
in keeping with the standards of the neighborhood and such that the
appearance of the premises and structures shall not constitute a blighting
factor for adjoining property owners nor an element leading to the
progressive deterioration and downgrading of the neighborhood with
the accompanying diminution of property values, including the following:
1.
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed and from becoming overgrown and unsightly
where exposed to public view and where the same constitute a blighting
factor depreciating adjoining property. The grass on lawns and on
grass strips located on sidewalks abutting the property shall be cut
to a height not exceeding six inches.
2.
Signs and billboards. All permanent signs and billboards exposed
to public view permitted by reason of other regulations as a lawful
nonconforming use shall be maintained in good repair. Any signs which
have excessively weathered or faded or those upon which the paint
has excessively peeled or cracked shall, with their supporting members,
be removed forthwith or put into a good state of repair. All nonoperative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
3.
Windows. All windows exposed to public view shall be kept clean and
free of marks or foreign substances except when necessary in the course
of changing displays. No storage of materials, stock or inventory
shall be permitted in window display areas or other areas ordinarily
exposed to public view unless said areas are first screened from the
public view by drapes, venetian blinds or other permanent rendering
of the windows opaque to the public view. All screening of interiors
shall be maintained in clean and attractive manner and in a good state
of repair.
4.
Storefronts.
(a)
All storefronts shall be kept in good repair, painted where
required, and shall not constitute a safety hazard or nuisance. In
the event repairs to a storefront become necessary, such repairs shall
be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
(b)
No metal accordion-grate or grill-type security doors shall
be used to cover storefronts or commercial establishments where the
security door is visible from the street, unless the property owner
can demonstrate the following: (1) that he has installed a burglar
alarm system and has taken all reasonable steps to secure the property;
(2) that notwithstanding the precautions taken, the property has been
burglarized more than once, and that a security door or cage is necessary
for the continued security of the property.
Any property owner seeking relief under this Paragraph (b) shall
submit an application to the Chief of Police or his designee.
(c)
This section shall not apply to garage doors.
5.
Signs or advertising: removal.
(a)
Except for "for rent" signs, any temporary signs or other paper
advertising material glued or otherwise attached to a window or windows
or otherwise exposed to public view shall be removed at the expiration
of the event or sale for which it is erected or within 60 days after
erection, whichever shall occur sooner.
(b)
Except during the course of repairs or alterations, no more
than 33 1/3% of the square footage of any single window or single
window display area shall be devoted to signs or other temporary advertising
material attached to said window or windows or otherwise exposed to
public view.
6.
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event such awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall, together with their supporting members, be removed forthwith.
In the event that awning and marquees are constructed of cloth, plastic
or similar materials, said cloth or plastic where exposed to public
view shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks or other parts of the public domain.
[Ord. No. O-14-2016]
Defined in accordance with N.J.S.A. 55:19-78 et seq. and
means improved real property that has not been legally occupied for
six months and which meets any one of the criteria set forth in N.J.S.A.
55:19-81, which includes:
The property is in need of rehabilitation in the reasonable
judgment of the public officer, and no rehabilitation has taken place
during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six months as of
the date of a determination by the public officer pursuant to this
section;
At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of the determination by the Chief Financial Officer for the Town of Morristown; or
The property has been determined to be a nuisance by the Director
of Code Enforcement in accordance with Section 5 of P.L. 2003, c.
210 (N.J.S.A. 55:19-82).
A property which contains both residential and nonresidential
space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A.
55:19-78 et seq.) so long as 2/3 or more of the total net square footage
of the building was previously legally occupied for at least six months
at the time of the determination of abandonment by the Director of
Code Enforcement and the property meets the criteria of either Subsection
i or Subsection iv of this definition.
Consistent with Section 3 of P.L. 2008, c. 86, a State chartered
bank, savings bank, savings and loan association or any credit union,
any person required to be licensed under the provisions of the "New
Jersey Residential Mortgage Lending Act," and any entity acting on
behalf of the Creditor named in the debt obligation, including, but
not limited to, servicers.
Any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for six or more months. Such conditions include,
but are not limited to, overgrown or dead vegetation, accumulation
of newspapers, circulars, flyers or mail, past due utility notices
or disconnected utilities, accumulation of trash, junk or debris,
absence of window coverings, absence of furnishings or personal items
consistent with residential habitation, statements by neighbors, delivery
agents, or government employees that the property is vacant or abandoned.
Any person, copartnership, agent, operator, firm, association,
corporation, or fiduciary having a legal or equitable interest in
the property, or appears on the official records of the State, County,
or municipality as holding title to the property, or otherwise exercises
control of the property, including the trustee or guardian of the
estate of any such person, and the executor or administrator of the
estate of such person if ordered to take possession of the real property
by the court.
The Director of Code Enforcement or any designee of the Director
of Code Enforcement.
Any property used or to be used as a residence, commercial,
or industrial structure which is (i) not legally occupied or (ii)
at which substantially all lawful construction operations or occupancy
has ceased, and which is in such condition that it cannot legally
be reoccupied without repair or rehabilitation, including, but not
limited to any property meeting the definition of "abandoned property"
in N.J.S.A. 55:19-81, provided however that any property where all
building systems are in working order, where the building and grounds
are maintained in good order, and which is being actively marketed
by its owner for sale or rental, shall not be deemed a vacant property
for purposes of this section.
[Ord. No. O-14-2016]
a.
Effective immediately, the owner of any property which is, becomes, or is found to be vacant shall within 60 days or, within 30 days of assuming ownership of such property, file a registration statement for each such property with the Department of Code Enforcement. The registration shall remain valid until the subsequent January 1st. The owner shall be required to renew the registration annually as long as the property remains vacant or abandoned and shall pay a registration or renewal fee in the amount prescribed by Subsection 13-14.6 of this section. The initial registration fee shall be pro-rated for registration statements received less than three months prior to January 1.
b.
The owner shall notify the Department of Code Enforcement within
30 days of any change in the registration information by filing an
amended registration statement on a form provided for such purpose.
c.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Town of Morristown against the
owner or owners of the property.
[Ord. No. O-14-2016]
a.
The owner shall provide the following information to the Department
of Code Enforcement, with a copy to the Fire Bureau, on a form prescribed
by the Department:
1.
Name, address, e-mail address and contact telephone number of the
owner(s);
2.
Name, address, e-mail address and contact telephone number of any
local agent(s) or representative for the property;
3.
Name, address, e-mail address and contact telephone number of the
person assigned to the property for the security and maintenance of
the property- the individual or firm responsible for the security
and maintenance of the property shall be available by telephone or
in person on a twenty-four-hour, seven-day per week basis;
4.
Common address and tax assessor's block and lot designation of the
property;
5.
The date on which the property became vacant;
6.
Proof of utility (gas, electric, water) connections or disconnections;
7.
Any other information reasonably required by the Department of Code
Enforcement to ensure the safety of all persons and to prevent neglect;
and
8.
Names, address, e-mail address and contact telephone number of a
licensed pest control company contracted to provide pest control services.
b.
By identifying and designating an authorized agent under the provisions
of this section, the owner consents to receive any and all notices
of code violations concerning the registered vacant property and all
process in any court proceedings or administrative enforcement proceeding
brought to enforce code provisions concerning the registered building
by service of the notice or process on the authorized agent. Any owner
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Town in writing of a change of authorized agent or until the owner
files a new annual registration statement.
[Ord. No. O-14-2016]
After filing a registration statement or a renewal of a registration
statement and upon reasonable notice, the owner of any vacant property
shall provide access to the Town to conduct an exterior and interior
inspection of the building to determine compliance with the municipal
code. Such inspections shall be carried out on weekdays during the
hours of 9:00 a.m. and 4:00 p.m. or during such other times as may
be mutually agreed upon between the Town and the property owner.
[Ord. No. O-14-2016]
The Director of Code Enforcement shall maintain a list of Vacant
and Abandoned Properties. With respect to any property on the Abandoned
Property List, the Town may pursue any statutory remedy, including,
but not limited to, the sale of tax sale certificates subject to the
condition that the purchaser or assignee shall be obligated to complete
any rehabilitation or repairs required to render the property eligible
for removal from the Abandoned Property List.
[Ord. No. O-14-2016]
The initial registration fee for each vacant or abandoned property
shall be $500. The fee for the first renewal shall be $1,000. The
fee for the second renewal shall be $2,000. The fee for any subsequent
renewal shall be $3,500. The renewal fee for the annual registration
shall be due by January 1st of each year. The renewal registration
fee will not be prorated or refunded. The initial registration fee
will be prorated if a registration statement is received less than
three months prior to January 1st.
|
Vacant and/or Abandoned Property Fee Schedule
| |
|---|---|
|
Initial registration
|
$500
|
|
First renewal
|
$1,000
|
|
Second renewal
|
$2,000
|
|
Subsequent renewals
|
$3,500
|
[Ord. No. O-14-2016]
The owner of any vacant or abandoned property shall acquire
or otherwise maintain liability insurance, in an amount not less than
$300,000 for buildings designed exclusively for use as residential
units and not less than $1,000,000 for any other building, including
but not limited to, buildings designed for manufacturing, industrial,
storage or commercial uses, covering any damage to any person or any
property caused by any physical condition of or in the building. Any
insurance policy acquired or renewed after the building has become
vacant shall provide for written notice to the Town within 30 days
of any lapse, cancellation or change in coverage. The owner shall
attach evidence of the insurance to the owner's annual registration
statement. Any registration statement submitted that does not include
such evidence shall not be deemed to be a valid registration.
[Ord. No. O-14-2016]
a.
All vacant or abandoned buildings shall comply with the following
minimum standards for safe and sanitary maintenance:
1.
Every foundation, exterior wall and exterior roof shall be weathertight,
watertight and rodent proof, shall be kept in sound condition and
good repair, and shall be safe to use and capable of supporting the
load which normal use may cause to be placed thereon.
2.
A Pest Control Report documenting dates and type of service must
be submitted to the Division of Housing and Property Maintenance at
the time of initial registration and every 90 days thereafter.
3.
Every floor, interior wall and ceiling shall be substantially rodent
proof, shall be kept in sound condition and good repair and shall
be safe to use and capable of supporting the load which normal use
may cause to be placed thereon.
4.
Every window, exterior door and basement or cellar door and hatchway
shall be weathertight, watertight, rodent proof and locked and shall
be kept in sound working condition and good repair.
5.
Every inside and outside stair, porch and any appurtenance thereto
shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition
and good repair.
6.
Every yard shall be properly graded so as to prevent the accumulation
of stagnant water.
7.
There shall be a controlled method of disposing of water from roofs
by use of gutters and downspouts, which shall be installed and maintained
in sound condition, free of leaks and obstructions.
8.
Every building's cellar, basement and crawl space shall be maintained
reasonably free from dampness.
9.
The exterior of every structure or accessory structure shall be maintained
free of broken windows, loose shingles, crumbling stone, brick or
excessive peeling paint, or loose siding and/or soffits.
10.
The exterior of the premises and the condition of accessory
structures shall be maintained so that the appearance of the premises
and all buildings thereon shall reflect a level of maintenance in
keeping with the standards of the neighborhood such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values.
11.
Any yard area (front, side and rear) adjacent to a vacant or
abandoned building shall be cleared and maintained free of trash,
solid debris or any other materials that cause litter to accumulate
to unhealthy and blighting proportion. The delivery of all mail, newspapers,
advertisements and circulars to the property shall cease.
12.
Grass, weeds or vegetation shall not be permitted to grow or
remain on the side, front and/or rear yards of any vacant or abandoned
building so as to exceed a height of 12 inches. Any edible vegetation
or vegetation planted for some useful or ornamental purpose shall
not be governed by this provision.
13.
Vacant or abandoned buildings shall not be utilized for storage
of any materials, whether solid or liquid, including the yard portion
of that building.
14.
When a vacant building is found to be infested with rats, termites,
roaches and/or any other insects and vermin, the owner shall undertake
an expedient means of extermination of such nuisances.
15.
All doors and/or lids on appliances, furniture utilized for
storage or on heating furnace shall be locked in order to deny entry
to an individual(s) where the potential for physical harm or death
may result should said door close and prevent the individual's escape.
16.
A sign shall be posted and affixed to the vacant and/or abandoned
building indicating the name, address and telephone number of the
owner, the owner's authorized agent for the purpose of service of
process and the person responsible for day-to-day supervision and
management of the building, if such person is different from the owner
holding title or the authorized agent. The sign shall be of a size
and placed in such a location so as to be legible from the nearest
public street or sidewalk, whichever is nearer, but shall be no smaller
than 18 inches by 24 inches. The sign shall be maintained until the
building is either legally occupied or demolished.
17.
Every abandoned and/or vacant building shall be secured and
enclosed from unauthorized entry until the building is legally occupied
or demolished or until repair or rehabilitation of the building is
complete.
[Ord. No. O-14-2016]
a.
All owners of vacant or abandoned properties shall comply with the
applicable provisions of the New Jersey Uniform Fire Code, N.J.A.C.
5:70, and the following additional standards for safety from fire:
1.
No vacant or abandoned building shall contain any space utilized
for the storage of flammable liquids.
2.
No room within any vacant or abandoned building shall be used for
the storage of junk, rubbish or wastes, furniture or building materials
not intended to be used in the existing building.
3.
The early detection and containment of fire being a valid municipal
concern, the boarding up of doors and windows shall not be permitted
except with the permission of the Fire Official in emergency situations.
When doors and windows are boarded up, they shall be covered with
no less than 1/2 inch exterior plywood or equivalent. No property
owner shall board up doors and windows for periods exceeding 90 days
except under the following circumstances:
(a)
The Fire Official may extend the time that the property may
be boarded up for periods up to 90 days, where the property owner
is able to demonstrate that the property must remain vacant for longer
than 90 days by reason of a pending State or local application that
is required prior to the building being occupied. The Fire Official
may extend the periods for additional periods of time so long as the
property owner diligently pursues the processing of the application.
In the event that the Fire Official finds that the property owner
is not diligently pursuing approval of the application, he may direct
that a notice of violation of this section be issued to the property
owner.
(b)
The property owner shall paint the exterior boards that cover
the windows and doorways of a vacant or abandoned property so that
they either match or reasonably coordinate with the color of the rest
of the building's exterior.
4.
All windows within 20 feet of the ground or which may be readily
accessible shall be secured with security screens, bars and/or grills,
and the security screens, bars and/or grills on open windows shall
include quick-release mechanisms, both of which shall be subject to
the approval of the Fire Official.
[Ord. No. O-14-2016]
Pursuant to the provisions of Public Laws of 2014, Chapter 35,
a creditor filing a summons and complaint to foreclosure a lien on
a residential property that is vacant and/or abandoned, whether the
filing of the summons and complaint is made before or after the determination
that the property is vacant and/or abandoned, shall be responsible
for the care, maintenance, security and upkeep of the exterior of
the residential property and any applicable registration fee.
[Ord. No. O-14-2016]
If the Director of Code Enforcement determines that a creditor
obligated to care, maintain, secure and keep up a vacant and/or abandoned
property has failed to do so in violation of the provisions of this
section, he/she shall issue a notice of violation to the creditor
that has filed a summons and complaint to foreclose on the property
in question. The notice shall require the person or the entity to
correct the violation within 30 days of receipt of the notice, or
within 10 days of receipt of the notice if the violation presents
an imminent threat to the public health and safety. The issuance of
the notice shall constitute evidence that the property is "vacant
and abandoned" for purposes of N.J.S.A. 2A:50-73.
[Ord. No. O-14-2016]
Where a creditor is located Out-of-State, the creditor shall
appoint an In State representative who shall be responsible for the
care, maintenance, security and upkeep of the property. The Out-of-State
creditor shall provide the full name and contact information for the
In-State representative or agent responsible for the care, maintenance,
security and upkeep of the property in the notice required to be provided
to the municipal clerk pursuant to Paragraph 1 of N.J.S.A. 46:10B-51.
An Out-of-State creditor found by a court of competent jurisdiction
to have violated this provision shall be subject to a fine of $2,500
for each day of the violation commencing on the day after the ten-day
period set forth in Paragraph 1 of N.J.S.A. 46:10B-51, which requires
notice to the municipal clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
[Ord. No. O-14-2016]
a.
Any person who violates any provision of this section or the rules
and regulations issued hereunder shall be fined not less than $500
and not more than $1,000 for each offense. Every day that a violation
continues shall constitute a separate and distinct offense. Fines
assessed under this section shall be recoverable from the owner and
shall be a lien on the property.
b.
For purposes of this section, the failure to file a registration
statement within 30 calendar days after a building becomes vacant,
or within 30 calendar days after assuming ownership of a vacant property,
whichever is later, or within 10 calendar days of receipt of notice
by the municipality, or the failure to provide correct information
on the registration statement, or the failure to comply with any of
the provisions contained herein, shall be deemed to be a violation.
c.
Any creditor required under this section to care, maintain, secure
and keep up the exterior of vacant residential property, found to
be in violation of this requirement and cited in a notice issued pursuant
to this section, shall be subject to a fine of $1,500 for each day
of the violation. Any fines imposed against a creditor pursuant to
this section shall commence 31 days following the creditor's receipt
of the notice of violation, except if the violation presents an imminent
risk to the public health and safety, in which case any fine shall
commence 11 days following receipt of the notice.
[Ord. No. O-14-2016]
The standards and requirements of this section shall apply as
long as any building remains vacant or unoccupied. Upon occupancy,
the other appropriate sections of this Code shall prevail.
[1980 Code § 121-16]
a.
Residential. Every dwelling and accessory structure and every part
thereof shall be kept structurally sound and in a state of good repair
to avoid safety, health or fire hazards, including:
1.
Exterior walls, sidings and roofs. Exterior walls, sidings and roofs
shall be kept structurally sound, in good repair and free from defects.
2.
Painting and other protective coating. All exposed surfaces susceptible
to decay shall be kept at all times painted or otherwise provided
with a protective coating sufficient to prevent deterioration.
3.
Weathering and watertightness. Every dwelling shall be so maintained
as to be weathertight and watertight.
4.
Exterior walls, roofs, etc. Exterior walls, roofs, windows, window
frames, doors, door frames, foundations and other parts of the structure
shall be so maintained as to keep water from entering the structure
and to prevent excessive drafts. Damaged materials must be repaired
or replaced promptly, places restored and protected against weathering
and seepage.
b.
Nonresidential. The exterior of every structure or accessory structure
(including fences, signs and storefronts) shall be maintained in good
repair and all surfaces thereof shall be kept painted or whitewashed
where necessary for purposes of preservation and appearance. All surfaces
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
1.
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, such that the materials
used will not be of a kind that by their appearance under prevailing
appraisal practices and standards will depreciate the value of neighboring
and adjoining premises as aforesaid.
[1980 Code § 121-17]
Basements, cellar and crawl spaces are to be free of moisture
resulting from seepage, and cross ventilation shall be required where
necessary to prevent accumulations of moisture and dampness.
[1980 Code § 121-18]
All parts of the premises shall be maintained so as to prevent
infestation.
[1980 Code § 121-19]
Properly fitting screens in good repair shall be supplied for each exterior door and window of each dwelling unit or rooming unit. Such screens shall have a mesh of not less than No. 16. In establishments subject to licensing and in all buildings where janitor service is required pursuant to § 13-26, screens shall be installed and maintained by the owner on all doors and windows from May 1 to October 1 of each year.
[1980 Code § 121-20]
All parts of the dwelling shall be kept in a clean and sanitary
condition free of nuisance and free from health, safety and fire hazards.
a.
All dwelling exterior entrance doors and all apartment and rooming
unit entrance doors shall be equipped with key locks. Entrance doors
of dwelling units in multifamily dwellings of three units or more
shall also be equipped with a chain door guard so as to permit partial
opening of the door and a viewing device located so as to enable a
person on the inside of the entrance door to view a person immediately
outside.
b.
Windows accessible from ground level fire escapes or porch landings
shall be equipped with sash locks.
[1980 Code § 121-21]
No accumulation or obstruction from garbage, refuse or rubbish shall be permitted on common stairways, areaways, balconies, porches, hallways, basements or cellars, except that garbage stored in proper containers may be set out for removal pursuant to the Chapter 19, Solid Waste Management, which provides for the time set for pickup of garbage.
[1980 Code § 121-22]
Floors, interior walls and ceilings of every structure shall
be structurally sound and maintained in a clean and sanitary condition.
[1980 Code § 121-23]
a.
Floors generally. Floors shall be considered to be structurally sound
when capable of bearing imposed loads and shall be maintained at all
times in a condition so as to be smooth, clean and free from cracks,
breaks and other hazards.
b.
Bathroom, water closet compartment and kitchen floors.
1.
Residential. Bathroom, water closet compartment and kitchen floors
shall be surfaced with water-resistant material and shall be kept
at all times in a dry, clean and sanitary condition, and shower room
floors shall be kept clean and in a sanitary condition.
2.
Nonresidential. Washroom and water closet compartment floors shall
be surfaced with water-resistant material and shall be kept in a dry,
clean and sanitary condition at all times.
c.
Cellar and basement floors. Floors of basements and cellars shall
be paved with stone or concrete not less than four inches thick and
shall be maintained at all times in a condition so as to be smooth,
clean and free from cracks, breaks and other hazards.
d.
Supporting structural members. Supporting structural members are
to be kept structurally sound, free of deterioration and capable of
bearing imposed loads safely.
[1980 Code § 121-24; Ord. No. O-2-08]
Walls and ceilings shall be considered to be in good repair
when clean, free from cracks, breaks, loose plaster and similar conditions.
Walls shall be provided with paint, paper, sealing material or other
protective covering so that the walls and ceilings shall be kept clean,
free of visible foreign matter or significant discoloration, sanitary
and well maintained at all times.
[1980 Code § 121-25]
Interior stairs of every structure used for human habitation
shall be structurally sound and free from defects. Handrailings or
banisters shall be provided for all stairs, balconies, fire escapes
and stairwells, and the handrails or banisters shall be securely attached,
maintained free from defects and shall be of sufficient height to
guard against accidents and to be appropriate for use by persons of
normal height utilizing the stairway. Stairs shall be adequately lighted
in all places, with control switches operable from each story to permit
safe use at night for persons ascending or descending, except in establishments
subjects to licensing or where janitorial service is provided and
artificial lighting for hallways and common areaways is supplied in
accordance with State law from a master control switch.
[1980 Code § 121-26; Ord. No. O-28-12]
a.
Garbage container to be supplied for each occupant. Each dwelling
unit containing cooking facilities shall be provided with a watertight
noncombustible container with a tight-fitting lid for the temporary
storage of rubbish, garbage and other refuse.
b.
Garbage container for exterior of building. Where there are one or more occupants in a dwelling unit other than the one occupied by the owner, the owner shall supply a waterproof, noncorrosive, noncombustible container at the exterior of the premises for the removal of garbage and refuse, which container shall conform to the provisions of Chapter 19, Solid Waste Management, and all other applicable codes.
c.
Responsibility for removal.
d.
Accumulating refuse and nonfireproof storage prohibited.
1.
Residential. Storage bins, rooms and areas shall not be used for
accumulated garbage or refuse; provided, however, that enclosed spaces
or rooms in the interior of the dwellings which are used exclusively
as garbage collection points equipped with garbage containers complying
with Paragraph a, from which room or space containers are removed
by the janitor at least once daily, shall not be prohibited. Flammable
or combustible liquids or other materials may not be stored on the
premises unless they are of a type approved for storage by the Fire
Chief and all other applicable codes, and then only in such quantities
and in such fireproof storage containers as may be prescribed by the
regulations.
2.
Nonresidential. Storage bins, rooms and areas shall not be used for
accumulated garbage or refuse. Flammable or combustible liquids may
not be stored on the premises unless they are of a type approved for
storage under the State Uniform Fire Safety Code and all other applicable
codes, and then only in such quantities and in such fireproof storage
containers as may be prescribed by the regulations.
e.
Storage areas. In dwellings containing four or more dwelling units, storage areas or storage bins shall be of fireproof construction and contain fireproof walls and partitions of at least two hours' rating and, in addition thereto, shall have self-closing fireproof doors; provided, however, that storage in existing framework, wood frame bins or nonfireproof storage areas shall be permitted, provided that the storage of combustible materials, containers for the same and means of storage shall be in compliance with the State Uniform Fire Safety Code, designed to minimize the existence of fire hazards in dwellings. Excessive accumulations of combustible materials are prohibited and responsibility for removal thereof shall be with the owner and operator of the premises as well as the occupant to whom the materials may belong. Where storage areas or storage bins are available to more than one tenant, the area shall be numbered or otherwise identified and a list of the names of the tenants utilizing each such area or bin shall be kept at all times available for examination by the Division Manager in the office of the person in charge of the premises. The provisions governing § 13-26 shall be supplemented by regulations to be prepared jointly by the Director of the Department of Code Enforcement and Fire Chief as well as appropriate enforcement procedures, which will include notification to the superintendents and tenants of apartment buildings which may be affected thereby.
[1980 Code § 121-27; Ord. No. O-2-08]
In every dwelling containing six or more dwelling units or rooming
units or combination of dwelling and rooming units thereof, the owner
shall provide or designate a superintendent, janitor, caretaker or
housekeeper who shall at all times maintain the premises in compliance
with this Code and keep the premises free from filth, garbage, refuse
and rubbish, and who shall be responsible for the daily collection
of garbage and other refuse from the occupants on a regular schedule
and at a reasonable time, and place the same out for collection in
accordance with the regulations of the Morristown Division of Health
and this Code. The said person shall be regularly available on the
premises to perform the foregoing duties.
a.
In the event the superintendent, janitor, caretaker or housekeeper
shall not reside on the premises, the owner or operator shall make
his name, address and telephone number known to all tenants and shall
register same with the Division Manager and shall also make available
and known to all tenants and the Division Manager the name of an alternative
individual who shall be responsible during the absence of the superintendent,
janitor, caretaker or housekeeper.
b.
In any premises containing 35 or more dwelling units, rooming units
or combination thereof, the superintendent, janitor, caretaker or
housekeeper shall reside on the premises. In any premises containing
70 or more dwelling units, rooming units or combination thereof, the
superintendent, janitor, caretaker or housekeeper shall be a full-time
employee. Where more than one building on adjoining premises or premises
in near proximity to each other are in common ownership or under common
ownership or under common management or maintenance supervision, the
requirements contained herein shall apply separately to each building
unless the owner or manager thereof can demonstrate to the satisfaction
of the Division Manager that proper operation of the premises and
provision of all essential services and facilities as required under
Town codes can be provided by a resident superintendent, janitor,
caretaker or housekeeper of one building who shall assume responsibility
for the other building or buildings adjoining or in near proximity
to his place of residence.
c.
The superintendent, janitor, caretaker or housekeeper shall have
sufficient knowledge, competence and responsibility and shall have
authority from the owner or operator to attend to or arrange for continual
operation of all essential services and facilities required under
this Code. Where violations arise under this Code, and by reason of
the same the Division Manager is doubtful of the qualifications, competence
and sense of responsibility of any superintendent, janitor, caretaker
or housekeeper, he shall provide notice to the owner or operator and
meet with the superintendent, janitor, caretaker or housekeeper to
review those sections of the Code that the Division Manager believes
evidence the incompetence. If the superintendent, janitor, caretaker
or housekeeper is unable to demonstrate competence within a sixty-day
period following the meeting with the Division Manager, then the Division
Manager shall cite the owner and the superintendent, janitor, caretaker
or housekeeper for incompetence, and order the owner or operator to
provide a suitable person be placed in charge and be responsible for
said premises. An owner or operator's failure to replace the superintendent,
janitor, caretaker or housekeeper shall be a violation of this section.
d.
The failure of any superintendent, janitor, caretaker or housekeeper
to comply with the provisions of this Code, even in disobedience of
instructions, shall not relieve the owner or operator from the duties
and responsibilities imposed by this Code.
[1980 Code § 121-28]
Every facility using running water for domestic purposes within
any building shall be connected to the public water supply system
of the Town. The water system shall be maintained in good and operable
condition at all times so that sufficient and positive pressure shall
be available at all installed hot- and cold-water faucets.
[1980 Code § 121-29]
Every kitchen sink, bathroom sink and basin, tub or shower as
required under this Code shall be connected to both the hot- and cold-water
lines. There shall be sufficient and adequate equipment maintained
in good working condition to supply water at a minimum temperature
of 100° F. at all times to each hot-water outlet.
[1980 Code § 121-30]
Every bathroom required hereunder shall be provided with a flush
toilet connected to the cold-water line and with a shower or tub and
a washbasin connected to running water. Bathrooms shall also be provided
with adequate light and ventilation as more particularly set forth
in § 13-41d.
[1980 Code § 121-31]
[1980 Code § 121-32]
All plumbing fixtures shall be connected to the sanitary sewer
through lines which are free of leaks, corrosion and deterioration
and provide unobstructed passage from the plumbing facilities within
the dwelling to the sanitary sewer.
[1980 Code § 121-33; Ord. No. O-37-05 § I]
Every dwelling unit with six or fewer occupants shall have at
least one bathroom containing a toilet, washbasin, and bathtub or
shower. Every dwelling unit with more than six occupants shall have
at least two bathrooms containing a toilet, washbasin, and bathtub
or shower. Every sleeping room in a dwelling unit shall have access
to a bathroom so equipped on the same story as the sleeping room or
on a story immediately above or below the sleeping room. Any required
bathrooms shall be located entirely within the dwelling unit and shall
be completely enclosed so as to provide privacy to their occupants.
[1980 Code § 121-34]
There shall be a bathroom meeting the same requirements as set forth in § 13-32, which shall be directly accessible to a common hallway or areaway which is either on the same floor as or one floor above or below all rooming units it is designed to serve, and which hallway is directly accessible to the occupants of all such rooming units without passing through any other dwelling unit or rooming unit. The number of bathrooms required for persons who do or may occupy the rooming units shall be as follows:
|
Number of Bathrooms
|
Occupants to Be Accommodated
|
|---|---|
|
1
|
1 - 6
|
|
2
|
7 - 12
|
|
3
|
13 - 18
|
[1980 Code § 121-35]
a.
Every dwelling unit shall contain heating facilities of sufficient
capacity to maintain a minimum inside temperature of 70° F. in
all habitable rooms, bathrooms and water closet compartments, measurable
36 inches above the floor at the center of any such room or compartment,
when the outside temperature is 0° F. Where the facilities are
found to be of inadequate size or capacity to accomplish the foregoing,
then the owner or operator shall, at the direction of the Division
Manager, either increase the capacity of the heating system or close
off habitable space so that the standard as established herein shall
be met, provided that such space can be removed as habitable space
without creating a violation of the standards established by this
Code.
b.
Alternative modes of heating. Heating systems other than central
heating shall not be permitted unless application for approval thereof
is made to the Division Manager and a permit is issued therefor under
a finding that the facility is so designed and installed that it does
not constitute a hazard to the safety of the occupants of the building.
Fuel for operation of the heating equipment shall be stored outside the premises unless stored in the interior pursuant to regulations of the Fire Chief as to storage of flammable materials set forth under § 13-26d.
[1980 Code § 121-37]
No heating units shall be converted in any dwelling or part
thereof between October 1 and May 1 where there are occupants other
than the owner or operator dependent on heat from the unit without
written consent of all such occupants, but nothing herein shall be
construed as preventing emergency alterations or repairs.
[1980 Code § 121-38]
New or used sidearm gas water heaters shall not be installed.
Existing sidearm gas water heaters shall only be permitted where they
are installed in separate, enclosed and ventilated spaces which are
not a part of the normal living area of a dwelling unit or rooming
unit.
[1980 Code § 121-39]
Heating equipment shall be installed in a manner which will
avoid dangerous concentration of fumes and gases. Heating equipment
shall not be forced to operate beyond the safe capacity for which
it is designed. Where necessary, exposed heating risers, heating ducts
and hot-water lines shall be covered with an insulating material or
guard. The heating facilities and all parts thereof shall be kept
in good operating condition, free of defects, corrosion and deterioration
at all times.
[1980 Code § 121-40]
a.
It shall be the duty of every person who shall have contracted or
undertaken or shall be bound to heat or to furnish heat for any building
or portion thereof where one or more persons reside or are employed,
to heat or to furnish heat for every occupied room in such building
or portions thereof so that a minimum temperature of 70° F., without
regard to outside temperature, shall be maintained therein at all
times daily from September 15 of each year to May 15 of the next succeeding
year, both dates being inclusive; and from May 16 to September 14
in each year, both dates being inclusive, when the outside temperature
shall fall below 55° F., then the owner, lessee, manager, operator
or agent shall at all times daily provide heat so as to maintain a
minimum temperature of 70° F.; provided, however, that the provisions
of this section shall not apply to buildings or portions thereof used
or occupied for trades, business or occupants where high or low temperatures
are essential.
b.
For the purposes of §§ 13-27 through 13-42, wherever a building is heated by means of a furnace, boiler or other apparatus under control of the owner, agent or lessee of such building, such owner, agent or lessee, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section.
c.
The term "during the entire day" shall include the hours from 5:30
a.m. to 10:30 p.m. for dwelling units, and for nonresidential buildings
shall include the usual working hours for the business being conducted
thereat.
d.
Where owner not required to supply heat. Any owner or operator who
has an express contractual agreement with an occupant under which
the occupant undertakes to supply his own heat through facilities
under the occupant's exclusive control shall be excepted from the
requirements to supply heat hereunder.
e.
Duty to maintain equipment. Notwithstanding a contract by the occupant
to supply his own heat as provided herein, where the heating unit
is installed by or owned by the owner or operator, then the duty to
maintain the same in operable and functioning condition as provided
herein shall remain the duty of the owner or operator.
f.
Heat required to be maintained: presumption of duty of owner. The presence of heating outlets, radiators, risers or returns in any building or portion thereof subject to §§ 13-27 through 13-42 shall constitute a presumption that the owner is to supply heat as required under this chapter, and in the absence of clear and convincing proof to the contrary, this presumption shall control.
g.
Heat required to be maintained: occupant supplying heat as owner.
As set forth in Paragraph d, occupants who undertake to supply heat
to buildings or portions thereof other than their own shall be responsible
as owners under this chapter to the occupants of such buildings or
portions thereof.
[1980 Code § 121-41; Ord. No. O-2-08]
a.
Habitable rooms: windows and skylights. Every habitable room shall
have at least one window or skylight facing directly to the outdoors.
The minimum aggregate window or skylight area available to unobstructed
light shall be not less than 10% of the floor area of such room or
12 square feet, whichever is greater. The window or skylight shall
either open to 45% of the required area or be supplied with a mechanical
ventilation system of sufficient capacity provided with proper openings
for incoming or outgoing air to assure comparable ventilation. Openings
for ventilation as required herein shall include windows, skylights,
louvers, monitors or other openings, provided all such openings are
easily operable by the occupants.
b.
Bathrooms and water closet compartments. Every bathroom and water
closet compartment shall be adequately ventilated with openable area
as described in Paragraph a totaling 1 1/2 square feet or by
comparable mechanical ventilation.
c.
Electrical service generally. Electrical power through safely insulated
conduits conforming to the State Uniform Construction Code and all
other applicable codes shall be supplied to the following:
d.
Electrical outlets in habitable rooms. Every habitable room shall
be equipped with at least two electric convenience outlets and one
wall switch, permanently installed, and/or outlets sufficient to provide
lighting and power and permit the installation of or use of electric
lights sufficient to meet the reasonable lighting requirements for
normal use of the room and other electrical equipment normally expected
to be used in the room.
e.
Lighting of bathrooms, washrooms and water closet compartments. Residential
and nonresidential. Every bathroom, washroom and water closet compartment
shall be provided with permanently installed artificial lighting fixtures
with a switch and wall plate so located and maintained that there
is no danger of short-circuiting from water, from other bathroom facilities
or from splashing of water. In all residential bathroom facilities
there shall be a ground fault intercept outlet.
f.
Lighting of common spaces other than habitable rooms, bathrooms and
water closet compartments.
1.
Residential. Lighting of hallways, stairways, landings and other spaces used by occupants in common as a normal means of passage shall be sufficient to provide at least five footcandles [five lumens] measured in the darkest portion. Light switches for stairs and hallways shall be readily accessible to occupants using the same and so located as to comply with § 13-24. Every cellar, basement, work space and other part of the structure used occasionally and incidentally by the occupants shall be provided with artificial lighting available at all times so that there shall be at least three footcandles [three lumens] measured in the darkest portion trafficked by occupants.
2.
Garages and nonresidential. All garages and nonresidential buildings
required to have electric service under Paragraphs c2 and c3 shall
also be provided with artificial lighting installations and fixtures
conforming to the requirements contained in Paragraph f1. All such
fixtures shall be operable from a switch located near the point of
ingress to the interior of the space lighted. All portions of the
premises which are regularly utilized for work and activities shall
be illuminated by at least five footcandles [five lumens] measured
in the darkest portions thereof, and all other portions regularly
traversed by occupants of the premises shall be illuminated by at
least three footcandles [three lumens] measured in the darkest portions
thereof.
[1980 Code § 121-42]
a.
Loose or exposed wiring. Except as hereinafter stated, all wiring
or cables shall be properly affixed or attached to the structure.
Insulation shall be provided for wiring and cables and kept in good
repair. No loose cords or loose extension lines in excess of six feet
in length shall be permitted, and no ceiling or wall fixture shall
be used for supplying power to equipment other than that for which
they are designed. All fixtures shall be properly affixed or attached
to the structure and maintained in good repair.
b.
Replacement of light bulbs. All required lighting fixtures shall
be supplied at all times with functioning light bulbs of sufficient
wattage to supply the lumen requirements of this Code.
c.
Fuse and/or circuit breaker requirements: prohibitions against overloading
circuits.
1.
Fuses and/or circuit breakers and protection devices.
(a)
Residential. Maximum fuse sizes consistent with safety shall
be posted conspicuously on the inside cover of all fuse boxes and
no fuse and/or circuit breakers shall be installed therein in excess
of the stated maximum, except that owners shall not be responsible
for violations in fuse installations or circuit breakers without their
knowledge where the correct maximum is stated and the fuse box is
located within a dwelling unit or rooming unit in the exclusive possession
of occupants other than the owner.
(b)
Nonresidential. Maximum fuse sizes consistent with safety shall
be posted conspicuously on the inside cover of all fuse boxes and/or
circuit breakers and no fuse or circuit breaker shall be installed
therein in excess of the stated maximum, except that owners shall
not be responsible for violations in fuse or circuit breaker installations
without their knowledge where the correct maximum is stated and the
fuse box or circuit breaker is located within any part of the premises
which is in the exclusive possession of occupants other than the owner.
2.
Overloading of circuits. Overloading of circuits is prohibited. Where
the Division Manager finds, after notice and opportunity to meet with
the Department Head or his designee, that by reason of the appliances
and fixtures there is continuing overloading of an electrical line
creating a hazard, the owner shall be required to install a line of
sufficient capacity to absorb the load to which the line is subjected
or otherwise eliminate the conditions causing the overload. For purposes
of this section, the Division Manager may consider the peak seasonal
load to which the line is subjected.
3.
Suspension of services and utilities. No owner, operator or occupant
shall cause any service, facility, equipment or utility which is required
to be supplied by the provisions of this Code, to be removed from
or discontinued for an occupied dwelling unit or rooming unit, except
for necessary repairs, alterations or emergencies or for such other
reason as may be permitted pursuant to those sections of the Town
ordinance applicable to such service, facility, equipment or utility.
[1980 Code § 121-43]
No tenant shall be obligated to pay for utilities supplied to
housing units other than that of the tenant unless the tenant has
agreed in writing to make such payment.
[1980 Code § 121-44; Ord. No. O-37-05 § I; Ord. No. O-47-05 § I; Ord. No. O-20-06; Ord. No. O-31-2017]
a.
Required rooms. In addition to the required sleeping rooms under Paragraph b and required bathrooms under § 13-32, dwelling units shall have the following rooms of the following minimum sizes:
1.
One or two occupants. One kitchen with a minimum net floor area of
50 square feet, except where the sleeping room satisfies the requirements
of Paragraph c.
2.
Three to five occupants. One kitchen with a minimum net floor area
of 50 square feet, one living room with a minimum net floor area of
120 square feet, and one dining room with a minimum net floor area
of 80 square feet, except that in lieu of the living room and dining
room, one combined living room and dining room with a minimum net
floor area of 200 square feet. Notwithstanding the foregoing, only
new construction, that is, new residential facilities receiving Certificates
of Occupancy after the enactment of this paragraph shall be obligated
to comply with the minimum net floor area requirements for living
rooms and dining rooms as set forth herein.
3.
Six or more occupants. One kitchen with a minimum net floor area
of 60 square feet, one living room with a minimum net floor area of
150 square feet, and one dining room with a minimum net floor area
of 100 square feet, except that in lieu of the living room and dining
room, one combined living room and dining room with a minimum net
floor area of 250 square feet. Notwithstanding the foregoing, only
new construction, that is, new residential facilities receiving Certificates
of Occupancy after the enactment of this paragraph shall be obligated
to comply with the minimum net floor area requirements for living
rooms and dining rooms as set forth herein.
4.
Notwithstanding the provisions of § 13-45a., where a dwelling
unit does not contain a sleeping room at ground level, and an occupant
is physically unable to access any sleeping room in the dwelling unit
due to an illness or a temporary or permanent disability, the occupant
may use a living room, dining room or combined living room and dining
room for sleeping purposes. This paragraph shall not be interpreted
to permit more individuals to occupy a dwelling unit than would be
permitted if the living room, dining room or combined living room
were not used for sleeping purposes pursuant to this subsection.
5.
Efficiency units. Nothing in this section shall prohibit an efficiency
unit, provided that such unit meets the following requirements:
(a)
A unit occupied by not more than two occupants shall have a
clear floor area of not less than 220 square feet. A unit occupied
by three occupants shall have a clear floor area of not less than
320 square feet.
(b)
The unit shall be provided with a kitchen sink, cooking appliances
and refrigerator facilities, and each have a clear working space of
not less than 30 inches in front.
b.
Required sleeping rooms. Except as required under Subsection c, every
room utilized for sleeping purposes for one occupant shall have a
minimum net floor area of 70 square feet, and every room utilized
for sleeping purposes for two occupants shall have a minimum net floor
area of 120 square feet, except that up to two minor children under
the age of 18 may occupy a room that has a minimum net floor area
of 80 square feet. In no case shall any sleeping room be occupied
by more than two occupants for sleeping purposes. Children under one
year of age shall not be counted as occupants for the purposes of
this section.
[Amended 5-22-2018 by Ord. No. O-9-2018]
c.
Where additional area required in sleeping rooms. Rooms utilized
for sleeping purposes shall have a minimum net floor area of 90 square
feet for the first occupant and 70 square feet for each additional
occupant in:
d.
Cellar and basement requirements.
e.
Basements may be used for human habitation, provided that:
2.
There is a second means of egress conforming to the requirements
of § 13-46f2.
3.
All furnaces or other heating facilities are so located, insulated
and separated from living areas by fireproof partitions or walls necessary
pursuant to the State Uniform Fire Safety Code adopted by the municipality,
the regulations of this Code and all other applicable codes, that
the same do not constitute an undue hazard to the safety and health
of the occupants.
4.
The dwelling units and all walls and floors thereof are free of visible
moisture and seepage at all times.
[1980 Code § 121-45; Ord. No. O-37-05 § I]
a.
Occupancy of dwelling units and single-family dwellings. A dwelling
unit or single-family dwelling shall be occupied by only one family
and shall not be permitted to be used as a dormitory.
[Amended 3-13-2018 by Ord. No. O-5-2018]
b.
Occupancy of independent rooming units. Independent rooming units
shall be rented for occupancy or occupied by adults and emancipated
minors only.
c.
Occupancy of one-room dwelling units or rooming units. Occupancy
of dwelling units or rooming units having only one habitable room
shall be limited to two persons.
d.
Occupancy standards to be cumulative. Nothing contained herein shall
be construed as permitting occupancy in violation of any other occupancy
standard, all occupancy standards being cumulative and not in the
alternative.
[1980 Code § 121-46; Ord. No. O-37-05 § I]
a.
Closet requirements. Sleeping rooms shall have a minimum for four square feet of closet space for each occupant. A shelf and clothes-hanging rod shall be provided in each closet with a depth of two feet or more. The closet may be permanent or portable, but the square footage of any portable closet must be deducted from the square footage of the sleeping room for the purpose of calculating minimum net floor area pursuant to § 13-43b.
c.
Minimum sanitary facilities for all cooking. No cooking shall be
permitted in any independent rooming unit or dwelling unit unless
there are minimum sanitary facilities, which facilities shall include:
1.
Kitchen sink of nonabsorbent impervious material and drainboard of
appropriate materials, said sink to be connected to the hot- and cold-water
lines.
2.
A waterproof washable container for garbage disposal equipped with
a lid or cover to prevent infestation.
3.
Either gas or electric refrigeration.
4.
Means of ventilation sufficient to remove cooking odors to exterior
of premises.
6.
Appropriate facilities for storage of food. Appropriate kitchen storage
space for a one-bedroom unit shall include a minimum of the following:
total shelving in wall and base cabinets of 30 square feet and drawer
area of five square feet. Usable storage shelving in cooking range
or under the sink may be counted in the total shelving required. Kitchen
storage space for living units having two or more bedrooms shall be
proportionately increased in total area to accommodate the need of
more occupants.
d.
Community cooking facilities. Cooking facilities serving more than
one dwelling unit or independent rooming unit or combination thereof
shall not be permitted, except nothing herein shall be construed to
prohibit the operation of establishments subject to State licensing.
e.
When second means of egress required:
1.
Dwelling units. There shall be a second means of egress for all dwelling
units (except in single-family dwellings), which dwelling units are
located in basements or above the first-story level of any structure.
2.
Basement dwelling units. The second means of egress from any basement
dwelling unit may be by a second door located independently from the
first means of egress and leading directly to the outside of the premises
or, in the alternative, a window which shall serve as a means of egress
in accordance with Paragraph e4.
3.
Independent rooming units. Independent rooming units shall, except
in single-family dwellings, have a door opening directly into a common
hallway or areaway. Any independent rooming unit located in the basement
or at ground level of a dwelling shall be provided with a second means
of egress with the same requirements as provided in Paragraph e2.
Where there is an independent rooming unit located above the first
story, a common hallway or areaway shall have two means of egress
remote from each other.
4.
Window in path of egress. Where a window forms a part of the path
of egress from a dwelling unit or rooming unit or from a common hallway
or areaway to a fire escape, the said window shall be located no more
than three feet above the floor area and shall provide a minimum opening
of at least three feet in width and four feet in height. The window
shall be easy to open for all occupants and shall lead directly to
the fire escape or to the immediately adjacent outside ground area
with a maximum drop of three feet thereto. Screens, storm windows
and other barriers to the outside shall be readily opened or removed
so as not to form any obstruction to occupants seeking egress in cases
of emergency.
5.
Door in path of egress. Any door in the path of egress shall be at
least 30 inches in width with a minimum height of four feet, shall
open in the direction of exit travel and shall be accessible and free
from obstructions from common hallways or areaways.
6.
Location and number of exits. Where two or more exits are required,
each exit shall be as remote as practicable from the other exit or
exits. All the exits shall be of such number and so located that the
distance of travel from the door of each rooming unit or dwelling
unit on each floor shall not exceed 50 feet except in buildings of
fireproof construction or buildings equipped with automatic sprinkler
systems throughout, in which buildings the maximum distance of travel
from the door of any unit to the nearest exit shall not exceed 100
feet, provided that two of the exits shall be at least 50 feet apart.
