[1980 Code § 117-64; Ord. No. O-34-90; Ord. No. O-2-08]
a.
Duty of owner to provide heat. It shall be the duty of the owner,
in the absence of a lease, contract or agreement to the contrary,
to maintain the heating system in proper working order at all times
where such heating system or systems are a permanent part of the property
where the building or any portion thereof is occupied as a home or
place of residence for one or more persons or is a business establishment
where one or more persons are employed.
b.
Health officer or property maintenance manager as agent of the landlord.
Whenever it is necessary to protect the health and safety of the residential
tenants, the Health Officer or Property Maintenance Manager shall
act as an agent for the landlord in engaging a fuel oil dealer to
deliver fuel oil at a reasonable price per gallon and to refire the
burner to restore the proper heating of any residential property rented
by said landlord; provided, however, that at least 12 hours have elapsed,
if the outside air temperature is between 33° F. and 55° F.,
inclusive or at least four hours have elapsed, if the outside temperature
is 32° F. or less, since the tenant has lodged a complaint with
any municipal officer or agency, prior to which complaint a bona fide
attempt has been made by the tenant or his representative to notify
the landlord of the lack of heat, and the landlord has failed to take
appropriate action. Lack of heat means maintaining less heat than
required by N.J.S.A. 26:3-31.
c.
Billing to the landlord or municipality. Any fuel oil dealer who
delivers fuel oil or refires the burner in accordance with Paragraph
b may bill the landlord directly, or the Town may issue a voucher
to the fuel oil dealer who delivered the oil for the money due on
the fuel oil delivered and the service charge for refiring the burner,
if any. The voucher shall be paid in the manner provided for the approval
and payment of claims pursuant to N.J.S.A. 40A:5-17.
d.
Penalty for landlord's negligence or failure to act resulting
in municipal action. Any landlord or his agent whose negligence or
failure to act results in Town action pursuant to Paragraph b shall
be liable to a civil penalty of not more than $300 for each affected
dwelling unit in the residential property. Such penalty shall be recoverable
by the Town in a civil action by summary proceeding under "The Penalty
Enforcement Law" (N.J.S.A. 2A:58-1 et seq.). Any action to collect
or enforce any such penalty shall be brought in the Superior Court,
or Municipal Court. The amount of such penalty shall be paid to the
municipality to be used for general municipal purposes.
e.
Penalty enforcement proceeding. In any penalty enforcement proceeding
brought pursuant to this article, the Court shall also order the landlord
or his agent to reimburse the municipality for actual costs incurred
for any fuel oil delivered and the service charge for refiring the
burner, if any, and for reasonable attorneys fees and costs. The Court
shall further be empowered to issue any appropriate injunctive orders,
and to authorize immediate collection of reimbursable costs due the
municipality out of the goods and chattels of the landlord, including
all sums due or which may become due, as present or future rents.
Any landlord who prevails in such an action shall be entitled to reimbursement
by the Town for all reasonable costs and expenses. Such landlord,
however, shall remain responsible for the cost of any fuel oil delivered
and any charge for refiring the burner incurred by the Town.
[1980 Code § 117-65]
No person shall rent, let, lease or allow to be occupied for
business or domestic purposes any building which shall not have a
plentiful supply of hot and cold potable running water on each floor
and to each apartment.
[1980 Code § 117-66]
The owner or person in charge of any building used or occupied
by human beings shall provide at all times an adequate supply of water
from a source approved by the Health Officer, properly piped under
pressure for domestic purposes. Every dwelling unit shall contain
a kitchen sink of nonabsorbent, pervious material, at least one flush-type
water closet, lavatory and a bathtub or shower, available only for
the use of the occupants of that dwelling unit. At least one water
closet shall be provided for every six occupants in every licensed
rooming or boarding house. When the Division of Health considers it
necessary in order to protect the public health, it may require additional
water closets or urinals in any building by directing a notice to
the owner to make the additional installations.
[1980 Code § 117-67]
The owner or person in charge of any building used or occupied
by human beings shall connect such building with a public sewer wherever
such facility is available. The sewer for any such building erected
or constructed after the passage of this code shall be made immediately
after the cellar has been excavated and the foundation for the building
has been laid, and such sewer connection shall be made before any
of the structural work upon such building shall be begun.
[1980 Code § 117-68]
No owner, tenant, occupant, lessee or person in charge of any
building, house, store, apartment, room or place shall maintain the
same or permit the same to be maintained in any state of uncleanliness
or filthiness or in an unsanitary manner which may be or become a
detriment to health. Whenever any building or part thereof is in such
condition as to be a menace or detriment to the health of human beings
occupying the same, the same may be ordered by the Division of Health
to be vacated and to remain vacant until such building or part thereof
shall be, in the opinion of the Division of Health, no longer a menace
or a detriment to human health. Any person receiving such an order
shall comply with all the provisions and terms thereof.
[1980 Code § 117-69]
a.
No building shall be let, leased or occupied by humans, which building
is infested with vermin. The owner, lessee or occupant of any such
place shall proceed to eliminate the premises of such vermin by any
method and in such frequency and extent as ordered by the Division
of Health and shall provide the Division of Health with an exterminator's
certificate evidencing the elimination of such vermin. No owner, tenant,
lessee or person in charge of any building, house, store, apartment,
room or place shall permit infestation by insects or other vermin
to exist or be maintained.
b.
Any such order for examination issued by the Division of Health pursuant
to Paragraph a shall at all times be subject to such reasonable rules
and regulations as the Division of Health may from time to time determine
to be necessary and proper in the best interest of the citizens of
the Town.
[1980 Code § 117-70]
a.
Garbage or other organic waste shall be stored in watertight, rodentproof
receptacles of metal or other approved material. Such receptacles
shall be provided with tight-fitting covers. At least one approved-type
garbage receptacle shall be provided for each dwelling unit. In dwellings
containing no more than three dwelling units, it shall be the responsibility
of the occupant of each dwelling unit to furnish the receptacles outside
the dwelling units as needed for the storage of garbage and rubbish
until removed from the premises. In lodging houses and in dwellings
containing five or more dwelling units, it shall be the responsibility
of the owner to furnish such receptacles outside the lodging units
or dwelling units as are needed for the storage of garbage and rubbish
until removal from the premises.
b.
It shall be the responsibility of the owner, occupant or tenant or
his agents, servants or employees not to allow debris from the alteration
or construction of any building to remain on the ground unconfined
for a period not to exceed four days.
[1980 Code § 117-71]
The Division of Health shall have the right to condemn any building or part thereof as unfit for human habitation whenever conditions detrimental to health exist therein. Such condemnation shall be for unsanitary conditions, overcrowding or other reasons harmful to health. Whenever the Division of Health shall condemn any building or part thereof as unfit for human habitation, a notice citing the grounds for condemnation shall be posted on such building commanding all occupants to vacate it within a ten-day period from the assigned date. A copy of notice shall be given to occupants, lessee and owner of the building. Anyone who shall fail to vacate the property after condemnation shall be subject to such fine as provided in Subsection 25-25.1 for each day that he remains on the property past the due date to vacate. The same penalty schedule shall apply against the lessee or owner who shall cause the property to be rented past the due date to vacate.
[1980 Code § 117-72]
No person shall construct, maintain or operate any mobile home
parks without providing proper facilities for connection of each home
with the public sewer and potable water systems and proper facilities
for the storage and disposal of trash and garbage.
[1980 Code § 117-73]
No building shall be demolished before the following requirements
are met:
