[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]
ABANDONED PROPERTY
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:
a. 
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;
b. 
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;
c. 
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
d. 
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).
e. 
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.
CREDITOR
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.
EVIDENCE OF VACANCY
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.
OWNER
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.
PUBLIC OFFICER
The Director of Code Enforcement or any designee of the Director of Code Enforcement.
VACANT PROPERTY
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 § 121-19]
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 § 121-23]
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.
1. 
Residential. The owner or operator shall have the duty and responsibility of removing garbage wherever a janitor is required for the premises in accordance with § 13-26.
2. 
Nonresidential. The owner or operator shall have the duty and responsibility of removing garbage.
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]
Every facility required under §§ 13-28, 13-29 and 13-30 shall be maintained in a sanitary condition, free of defect and in operating condition at all times. Where the facility or plumbing fixture shall be clogged, overflow or otherwise necessitate repairs, such repairs shall be performed forthwith.
[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:
1. 
Residential. All dwelling units and rooming units used or available for human habitation.
2. 
Nonresidential. Nonresidential buildings regularly utilized for business, industrial, commercial or institutional work and activities.
3. 
Garages. Garages designed for use by four or more vehicles.
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:
1. 
Rooms utilized for sleeping purposes in which there are cooking facilities.
2. 
Rooms rented or available for rent in establishments subject to licensing.
d. 
Cellar and basement requirements.
1. 
No cellar, kitchen, foyer, vestibule or living area used in common by residents of a dwelling unit or rooming unit shall be used for sleeping purposes, except a living room area may be used by no more than one person either:
(a) 
Where the total occupancy does not exceed two persons, or
(b) 
In dwelling units having an excess of 500 square feet of net floor area; provided, however, that all other standards of occupancy as prescribed herein are satisfied.
2. 
This section shall not apply to any single-family dwellings.
e. 
Basements may be used for human habitation, provided that:
1. 
There is sufficient light and ventilation as more particularly required by § 13-40 and § 13-41 Paragraphs a, b and c1 and c2, and natural light and ventilation are not restricted by reason of walls or other obstructions located within six feet of any window required pursuant to this article.
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.
b. 
Bathrooms in independent rooming houses. Bathrooms containing all facilities required under § 13-29 shall be provided for occupants of independent rooming units in accordance with § 13-33.
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.
5. 
Flooring in compliance with § 13-22b.
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.