[HISTORY: Adopted by the Mayor and Council of the Township
of Vernon 11-14-2016 by Ord. No.
2016-24. Amendments noted where applicable.]
As used herein, the following words shall have the following
meanings:
The open, non-habitable space between the ceiling beams of
the top habitable story and the roof rafters in any building. Habitable
and non-habitable space is determined through use of State floor-to-ceiling
height regulations.
A story partly underground and having more than one-half
(1/2) of its clear height below the finished grade. A basement shall
not be considered a story for purposes of height measurement in determining
the permissible number of stories when used solely for incidental
or accessory storage or for the housing of mechanical equipment, to
include a hot-water heater and furnace, for a washer, dryer, recreation
room and a bathroom, either partial or full.
Any enclosed space which contains a bathtub and/or shower,
a lavatory and/or a sink or fixtures serving similar purposes.
Any enclosed space which contains a lavatory and a sink or
fixtures serving a similar purpose.
An inspection conducted to determine a unit's compliance
with the housing standards of the Township of Vernon.
Any room or group of rooms located within a building or portion
thereof, forming a single habitable unit with facilities that are
used, designed or arranged to be used for living, sleeping, cooking
and sanitary facilities.
A dwelling unit:
Any space containing plumbing fixtures, in conjunction with
other facilities, for the storage and preparation of food.
The holder or holders of the title to the premises in fee
simple or having charge, care or control of the premises, as owner,
agent of the owner or as executor or mortgagee in possession, regardless
of how such possession was obtained.
Any person residing with the consent of the owner in an apartment
or unit of housing space.
A.
Any one of the following shall constitute an "illegal" apartment
or dwelling unit:
(1)
An apartment or dwelling unit which exceeds the legal dwelling/occupancy
units that are on record with the Township's Code Enforcement
Official;
(2)
An apartment or dwelling unit which would exceed the number of units
permitted under the Zoning Ordinance or any approvals granted by the
Land Use Board of the Township of Vernon;
(3)
An apartment or dwelling unit which fails to meet the requirements
of any regulation affecting health, safety or welfare of the general
public;
(4)
An apartment or dwelling unit which the owner has permitted occupancy
thereof without obtaining the required plumbing, electrical and building
permits.
A.
Unapproved occupancies of attics are prohibited.
B.
Any residential attic used for any purpose other than incidental
storage must meet the following criteria:
(1)
Under no circumstances shall a bathroom be permitted in the attic,
whether partial or full, after enactment of this section;
(2)
There shall be no kitchen or any semblance of same (i.e. hotplate,
refrigerator, food cabinets, sink);
(3)
Except for required fire exits, access to the attic or basement shall
be through the dwelling unit;
(4)
Under no circumstances shall the attic be offered as a separate dwelling
unit, rooming unit or independent rooming unit;
(5)
An attic must be an integral part of the dwelling unit and shall
not be leased to any party that does not have full access and rights
to the dwelling unit.
A.
Any residential cellar or basement used for living space must meet
the following criteria:
(1)
Except for required fire exits, access to the cellar or basement
shall be through the dwelling unit;
(2)
A cellar or basement must be an integral part of the dwelling unit
and shall not be leased to any party that does not have full access
and rights to the dwelling unit;
(3)
A full or partial bathroom shall be permitted, provided the primary
access to same is through the existing dwelling unit.
A.
Any tenant who receives a notice of eviction resulting from zoning
or code enforcement activity for an illegal occupancy, shall be considered
a displaced person and shall be entitled to relocation assistance
paid by the landlord in an amount equal to six (6) times the monthly
rent.
B.
The owner of the structure shall be liable for the payment of relocation
assistance pursuant to this section, and shall make payments for assistance
directly to the displaced tenant.
C.
In addition to paying damages, as set forth in this section, the
owner of the real property shall also return to the displaced person
any security deposit, together with interest, plus any rental payment
required to be apportioned upon notification by the enforcement official
that the illegal apartment or dwelling unit must be vacated.
A.
In addition to eviction and relocation expenses permitted under § 325-5, any person who violates this chapter shall be subject to the following fines:
(1)
For the first offense, a mandatory fine of one thousand five hundred
($1,500.) dollars shall be imposed;
(2)
For the second offense, a mandatory fine of five thousand ($5,000.)
dollars shall be imposed;
(3)
For the third offense and all subsequent offenses, a mandatory fine
of eight thousand ($8,000.) dollars shall be imposed or imprisonment
for a term not to exceed ninety (90) days, or both.
B.
For purposes of determining violations under this section, each and
every day of continued rental or occupancy shall be deemed a separate
and distinct violation.
C.
The provisions of this section shall be enforced by all members of
the Township of Vernon Police Department, the Construction Code Official,
and/or the Code Enforcement Official of the Township of Vernon.
