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 and
abated 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:
A.
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris,
B.
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.
C.
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.
D.
Ground surface hazards or unsanitary conditions: holes, excavations,
breaks, projections, obstructions and excretion 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.
[Amended 5-4-1993 by Ord.
No. 13-93]
E.
Recurring
accumulations of stormwater. Adequate runoff drains shall be provided
and maintained to eliminate any recurrent or excessive accumulation
of stormwater.
F.
Sources
of infestation.
G.
Foundation
walls. Foundation walls shall be kept structurally sound, free from
defects and damage and capable of bearing imposed loads safely.
H.
Chimneys
and all flue vent attachments thereto. Chimneys and all flue 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.
I.
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 hazards of falling; and the same shall be kept structurally sound,
in good repair and free from defects.
J.
Removal
of snow and ice. The owner of any land or premises within the city
shall remove or cause to be removed all snow and ice from the sidewalks,
walkways, parking lots and parking areas, outside trash receptacle
areas and other areas used for access by tenants within the first
twelve (12) hours of daylight after any such snow or ice shall be
formed or shall fall therein.
[Added 5-4-1993 by Ord.
No. 13-93]
[Added 5-4-1999 by Ord.
No. 11-99]
A.
When any lot has been vacant for a period of thirty (30) or more
days or becomes vacant as a result of demolition of any structure
thereon, the owner of the vacant lot shall erect and maintain a fence
around the perimeter of such lot as required to fully enclose and
protect the property. The specifications for said fence are as follows:
(1)
Height of fence shall be six (6) feet.
(2)
Fencing material must be of galvanized metal;
(3)
Minimum two (2) inch outside diameter galvanized pipe for all
line posts;
(4)
Minimum two and one-half (2 1/2) inch outside diameter
for all terminal posts, gates, ends and corner posts;
(5)
All terminal posts must be set in concrete footings, at a minimum
of thirty (30) inches into the ground;
(6)
All line posts shall be driven a minimum thirty (30) inches
into the ground;
(7)
Fencing material must be of minimum number 9 gauge galvanized
wire with a two (2) inch mesh; and
(8)
Coil spring minimum number 7 gauge wire to provide proper tension.
(9)
Install a swing gate, minimum four (4) feet wide.
The fence shall not be equipped with or contain barbed wire,
spikes or any other similar device.
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 or such higher standards as may be adopted as
part of a plan of urban renewal by the City of Orange Township and
such that the appearance of the premises and structures shall not
constitute a blighting factor for adjoining property owners or an
element leading to the progressive deterioration and downgrading of
the neighborhood with the accompanying diminution of property values,
including the following:
(1)
There shall not to 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
Ordinance. Inoperable motor vehicles (cars, SUVs or trucks) commercial
vehicles and construction equipment (back hoes, pay loaders, cranes,
etc.) shall also not be located in a visible manner as described above
in all residential zones.
[Amended 4-7-2009 by Ord.
No. 5-2009]
(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.
(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 conditions 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, stop or stand any motor
vehicle or permit 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 city ordinances
and not less than three (3) feet from the interior front sidewalk
line adjacent to the premises, and only when permitted to park in
the front yard by the Zoning Ordinance.[1]
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 reflect a level of maintenance
in keeping with the standards of the neighborhood or such higher standards
as may be adopted as part of a plan of urban renewal by the City of
Orange and such that the appearance of the premises and structures
shall not constitute a blighting factor for adjoining property owners
or 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.
(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, 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 the 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 a clean and attractive manner and in a good
state of repair.
(4)
Store fronts. All store fronts shall be kept in good repair, painted,
where required, and shall not constitute a safety hazard or nuisance.
In the event that repairs to a store front become necessary, such
repairs shall be made with the same or similar materials used in the
construction of the store front in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a store
front shall be kept painted, where required, and in good repair.
(5)
Signs or advertising, removal.
(a)
Except for "for rent" signs, any temporary sign 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 sixty (60)
days after erection, whichever occurs sooner.
(b)
Except during the course of repairs or alterations, no more
than thirty-three and one-third percent (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 the 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 that 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 the awnings or marquees are
made of cloth, plastic or similar materials, the 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.
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.
Upon determining that use or access to the roof of any dwelling by
the occupants thereof may result in danger to life or limb or by reason
of the condition of the roof, lack of railings, inadequate parapets,
loose materials, condition of chimneys or other circumstances which
create hazards, the public officer may direct the owner or operator
of the dwelling to lock or otherwise bar access to the roof by occupants
and others; provided, however, that the Public Officer shall first
obtain from the Fire Chief a determination that such action will not
block necessary fire escape routes for tenants or access by the Fire
Department in case of emergency to control fires in the premises.
(2)
Painting and other protective coating. All exposed surfaces susceptible
to decay shall, at all times, be kept painted or otherwise provided
with a protective coating sufficient to prevent deterioration.
(3)
Weather- and watertightness. Every dwelling shall be so maintained
as to be weather- and watertight, so as not to affect the required
minimum temperature within the dwelling unit.
[Amended 5-4-1993 by Ord.
No. 13-93]
(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 shall be repaired
or replaced promptly; places showing signs of rot, leakage, deterioration
or corrosion are to be restored and protected against weathering or
seepage.
B.
Nonresidential.
(1)
The exterior of every structure or accessory structure, including
fences, signs and store fronts, 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 conditions 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.
(2)
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.
Basements, cellars and crawl spaces shall be free of moisture
resulting from seepage, and cross ventilation shall be required where
necessary to prevent accumulations of moisture and dampness.
All parts of the premises shall be maintained so as to prevent
infestation.
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. Screens shall not be required in rooms deemed by the Public Officer, pursuant to regulation, to be located sufficiently high to be free of mosquitoes, flies and other undesirable insects or otherwise protected from serving as a means of access for infestation. In establishments subject to licensing and in all buildings where janitor service is required, pursuant to § 156-19N below, screens shall be installed and maintained by the owner or operator on all doors and windows from May 1 to October 1 of each year.
All parts of the dwelling shall be kept in a clean, sanitary
condition, free of nuisances and free from health, safety and fire
hazards.
A.
Freedom from accumulations and obstructions. 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
within one (1) hour of the time set for pickup of the garbage.
B.
Floors, interior walls and ceilings. Floors, interior walls and ceilings
of every structure shall be structurally sound and maintained in a
clean and sanitary condition.
C.
Floors generally. Floors shall be considered to be structurally sound
when capable of safely 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.
D.
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 sanitary.
(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.
E.
Cellar and basement floors. Floors of basements and cellars shall
be paved with stone or concrete not less than four (4) inches thick,
troweled to a smooth finish, or equal, and shall be maintained at
all times in a condition so as to be smooth, clean, free from cracks,
breaks and other hazards.
F.
Supporting structural members. Supporting structural members are
to be kept structurally sound, free of deterioration and capable of
bearing imposed loads safely.
G.
Walls and ceilings generally. 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, sanitary
and well maintained at all times.
H.
Stairs and railings. 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 subject 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.
I.
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.
J.
Garbage container for exterior of building. Where there are one (1)
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 Ordinance
No. 953 of the City of Orange.[1]
K.
Responsibility for removal.
L.
Accumulating refuse and nonfireproof storage prohibited; residential.
(1)
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 Subsection I above, from which room or space containers are removed by the janitor at least once daily, shall not be prohibited.
(2)
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 regulations of the Fire Department, and then only in such quantities
and in such fireproof storage containers as may be prescribed by the
regulations.
M.
Storage areas.
(1)
In dwellings containing four (4) or more dwelling units, storage
areas or storage bins shall be of fireproof construction and contain
fireproof walls and partitions of at least two (2) hours' fire rating;
and in addition thereto shall have self-closing fireproof doors; provided,
however, that 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 regulations promulgated by
the Public Officer with the approval of the Fire Chief, designed to
minimize the existence of fire hazards in dwellings.
(2)
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 (1) 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 Public Officer in the office of the person in charge of the premises. The provisions governing Subsection N below shall be supplemented by regulations to be prepared jointly by the public officer and the 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.
N.
Janitorial service. In every dwelling containing six (6) or more
dwelling units or rooming units, or combination 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 provisions of Ordinance No. 953.[2] Such person shall be regularly available on the premises
to perform the foregoing duties.
(1)
In the event that 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 Public Officer and shall also make available
and known to all tenants and the Public Officer the name of an alternative
individual who shall be responsible during the absence of the superintendent,
janitor, caretaker or housekeeper.
(2)
In any premises containing thirty-five (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 seventy (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 (1) building on
adjoining premises or premises in near proximity to each other are
in 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 Public Officer that proper operation of the premises and provision
of all essential services and facilities as required under city codes
can be provided by a resident superintendent, janitor, caretaker or
housekeeper of one (1) building who shall assume responsibility for
the other building or buildings adjoining or in near proximity to
his place of residence.
(3)
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
same, the Public Officer 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
to the superintendent, janitor, caretaker or housekeeper and thereafter
shall provide an oral and written examination or hearing to determine
the qualifications, competence and sense of responsibility of the
superintendent, janitor, caretaker or housekeeper. In the event the
Public Officer finds that such person is not capable or competent
to regularly perform the duties required by this code, the Public
Officer shall order the owner or operator to provide that a suitable
person be placed in charge and be responsible for the premises.
(4)
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.
[Amended 12-21-1971 by Ord. No. 53-71; 2-17-1976 by Ord. No. 8-76; 12-19-1978 by Ord. No. 45-78; 12-19-1978 by Ord. No. 46-78; 3-3-1981 by Ord. No. 13-81; 5-18-1982 by Ord. No. 16-82; 10-19-1982 by Ord. No. 47-82; 4-19-1994 by Ord. No. 12-94; 12-4-2006 by Ord. No. 36-2006; 3-6-2018 by Ord. No. 6-2018]
A.
Adequate supply of City water. Every facility using running water
for domestic purposes within any building shall be connected to the
public water supply system of the City. 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.
B.
Hot and cold water. 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.
C.
Facilities required in bathroom. Every bathroom required hereunder shall be provided with a flush toilet connected to the cold-water line and a shower or tub and a wash basin connected to running water as set forth in Subsection B above. Bathrooms shall also be provided with adequate light and ventilation as more particularly set forth in Subsection V(3) below.
D.
Maintenance of plumbing facilities. Every facility required under Subsections A, B and C above shall be maintained in a sanitary condition, free of defects and in operating condition at all times. Where the facility or plumbing fixtures become clogged, overflow or otherwise necessitate repairs, such repairs shall be performed forthwith.
E.
Connection to sanitary sewer. All plumbing fixtures shall be connected
to the sanitary sewer through lines which are free of leaks, corrosion
or deterioration and provide unobstructed passage from the plumbing
facilities within the dwelling to the sanitary sewer.
F.
Bathroom requirements for dwelling units. Every dwelling unit shall contain a bathroom which shall be located entirely within that unit and which shall be completely enclosed, containing the facilities as set forth in § 156-22B(1) and in Subsection C of this section in a room which affords privacy to the occupants thereof.
G.
Bathroom requirements for independent rooming units. There shall be a bathroom meeting the same requirements as set forth in Subsection F above, which shall be directly accessible to a common hallway or areaway which is either on the same floor as, or is 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 to 8
|
|
2
|
9 to 16
|
|
3
|
17 to 24
|
|
4
|
25 to 30
|
H.
Heating facilities and duty to supply heat. Except in senior citizen
buildings, every dwelling unit shall contain heating facilities of
sufficient capacity to maintain a minimum inside temperature of 68°
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. (18°-20°
F. including the windshield factor). In senior citizen buildings,
every dwelling unit shall contain heating facilities of sufficient
capacity to maintain a minimum inside temperature of 74° 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 public officer,
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.
I.
Where central heating required. Central heating shall be required
in all lodging houses, boardinghouses and nursing homes as of March
5, 1968, and in all other types of dwellings on and after October
1, 1969.
J.
Required facilities in lieu of central heating. Prior to October
1, 1969, all dwelling units and rooming units not having central heating
shall be permitted to be heated in the interim by space heaters on
a fireproof base permanently affixed on the floor and connected by
breaching to a stack.
K.
Alternative modes of heating. No other mode of heating not specified in Subsections I and J above shall be permitted unless application for approval thereof is made to the public officer 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.
L.
Storage of fuels. Fuel for operation of the heating equipment shall be stored outside the premises, unless stored in the interior pursuant to regulations of the Fire Department as to storage of flammable materials, set forth under § 156-19M.
M.
Conversions prohibited during winter. 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.
N.
Sidearm gas water heaters. On and after October 1, 1968, no new or
used sidearm gas water heaters shall be installed. Existing sidearm
gas water heaters shall only be permitted where they are installed
in separate, enclosed and ventilated spaces which are not part of
the normal living area of a dwelling unit or rooming unit.
O.
Installation and maintenance of heating facilities; certificate of
inspection required.
(1)
Heating equipment shall be installed and maintained 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. All exposed heating risers, heating ducts and hot-water
lines shall be covered with an insulation material to conserve energy
and to guard against injury to workmen, residents or visitors. The
heating facilities and all parts thereof shall be kept in good operating
condition, free of defects, corrosion and deterioration at all times.
(2)
Outside automatic thermostat controls shall be required in all buildings
containing 10 or more dwelling units as of September 15, 1981.
(3)
One inspection, commencing March 1 but prior to May 1, of all heating facilities under operating conditions in properties containing three or more dwelling units shall be made by the owner of the building where the facility exists through a competent heating service company. The company designated by the owner shall file a heating system inspection form with the Department of Building Inspections and Code Enforcement, attesting that the unit conforms to the provisions of § 156-20H through O of the Property Maintenance Code as it relates to the condition of the boiler and all parts that make up a complete heating system. The heating inspection form shall be prepared in triplicate, and one copy shall be filed in the office of the Department of Building Inspections and Code Enforcement no later than June 15. If such report shall indicate that the heating equipment is not in conformity with this chapter, it shall be required that repairs or replacements necessary to abate the violations shall be completed no later than September 15 of the same year and an approved heating unit certificate issued.
(4)
Heating unit certificate required.
(a)
The fee for the heating certificate shall be as provided in Chapter 88, Fees. Such fee shall be paid at the time of filing the heating inspection form. Such fees shall be nonrefundable.
(b)
The owner, his agent or designee shall post said heating unit
certificate in a prominent place in close proximity to the heating
unit.
P.
Requirements for providing heat from October 1 to May 1. It shall be the duty of every person, firm or corporation who shall have contracted or undertaken, or who shall be bound, to heat or to furnish heat for any building or portion thereof, where said buildings are occupied as residences by more than two families or where one or more persons are employed, to heat or to furnish heat for every occupied room in such building or portions thereof so that a minimum temperature without regard to outside temperature shall be maintained therein during the entire day as defined in Subsection Q below, daily from October 1 each year to May 1 of the next succeeding year, both days being inclusive; and from May 2 to September 30 in each year, both days being inclusive, where the outside temperature shall fall below 55° F., then the owner, lessee, manager, operator or agent shall, during the entire day, provide heat as set forth hereinbelow so as to maintain a minimum temperature, provided that the requirements of this subsection shall not apply to the following:
(1)
Buildings or portions thereof used and occupied for trades, businesses
or occupations where high or low temperatures are essential.
(2)
Those sections of a commercial or retail trades building adjacent
to entrance or exit doors where it is shown that the heat reduction
is caused by persons entering or exiting the building.
(3)
Emergency fuel oil delivery. The Director of the Building Inspections and Code Enforcement Department is the designated agent whenever necessary to protect the health and safety of residential tenants residing in dwelling units within the City of Orange where the landlord has failed to maintain heat in accordance with Subsection Q below.
(a)
The designated agent may engage a fuel oil dealer to deliver
fuel oil at a reasonable price per gallon and to refire the burner
in order 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 air temperature is 32° F. or less, since the affected
tenant has lodged a complaint with the Division of Property Maintenance,
prior to which complaint a bona fide attempt had been made by the
tenant or his representative to notify the landlord of the lack of
heat and the landlord had failed to take appropriate action.
(b)
Payment of any claim due any fuel oil dealer who delivers fuel
oil or refires the burner for the supply of any materials and the
furnishing of any labor and services rendered shall be itemized and
certified by the fuel oil dealer on a voucher in a form prescribed
by the City of Orange, and 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.
(c)
Any landlord or his agent or representatives whose negligence or failure to act results in municipal action pursuant to this Subsection P(3) shall be liable for a civil penalty of not more than $300 for each affected dwelling unit in the residential property. Prosecution for the enforcement and collection of said penalty shall be recoverable by the City 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, County District Court or Municipal Court. The amount of any such penalty recovered shall be paid to the City of Orange to be used for general municipal purposes.
(d)
The City of Orange, through its designated agent, may seek in
the prosecution of any penalty as set forth above the actual costs
incurred for any fuel oil delivery, and the labor and service charges
for refiring the burner, if any, as well as reasonable attorneys'
fees and costs which may be recoverable pursuant to any application
or order set forth in P.L. 1980, c. 170.
(e)
By virtue of the provisions of these subsections, neither the
City of Orange nor its employees shall be liable for any damages to
any person or property in the enforcement of this chapter except for
the gross negligence or malfeasance of any municipal official, officer
or employee, and under no circumstances shall the City of Orange be
held liable for damages from the lack of heat in any residential property
or dwelling units applicable to this chapter.
Q.
Except in senior citizen buildings, the minimum temperature in each
dwelling unit shall be 70° F. between the hours of 6:00 a.m. and
11:00 p.m. and 68° F. between the hours of 11:00 p.m. and 6:00
a.m. In senior citizen buildings, the minimum temperature in each
dwelling unit shall be 74° F. between the hours of 6:00 a.m. and
11:00 p.m. and 74° F. between the hours of 11:00 p.m. and 6:00
a.m.
R.
Where owner not required to supply heat. Any owner or operator who
has an express contractual arrangement 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.
S.
Duty to maintain equipment. Notwithstanding a contract by the occupant
to supply his own heat as provided herein, where the heating unit
is installed 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.
T.
Presumption against contract by occupant to supply own heat. The
presence of heating outlets, radiators, risers and returns in any
hall or dwelling unit or rooming unit shall constitute a presumption
that the owner is to supply heat as required hereunder, and in the
absence of clear and convincing proof to the contrary, this presumption
shall control.
U.
Where occupant required to supply heat as owner. As set forth in Subsection S above, occupants who undertake to supply heat to dwelling units or rooming units other than their own shall be responsible as owners hereunder to the occupants of such dwelling units or rooming units.
V.
Lighting, electrical fixtures and ventilation.
(1)
Habitable rooms, windows and skylights. Every habitable room shall
have at least one (1) window or skylight facing directly to the outdoors.
The minimum aggregate window or skylight area available to unobstructed
light shall not be less than 10% of the floor area of such rooms 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 that all such openings
are easily operable by the occupants.
(2)
Bathrooms and water closet compartments. Every bathroom and water closet compartment shall be adequately ventilated with openable area as described in Subsection V(1) above totaling 1 1/2 square feet or by comparable mechanical ventilation.
(3)
Electrical service generally. Electrical power through safely insulated
conduits conforming to the National Electrical Code shall be supplied
to the following:
(a)
Residential: all dwelling units and rooming units used or available
for human habitation.
(b)
Nonresidential: nonresidential buildings regularly utilized
for business, industrial, commercial or institutional work and activities.
(c)
Garages: garages designed for use by four or more motor vehicles.
(4)
Electrical outlets in habitable rooms. Every habitable room shall
be equipped with a permanently installed electrical outlet or outlets
sufficient to provide lighting and power and permit the installation
or use of electric lights sufficient to meet the reasonable lighting
requirements for normal use of the room and other electrical equipment
normally to be used in the room.
(5)
Lighting of bathrooms, washrooms and water closet compartments.
(a)
Residential. Every bathroom 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.
(b)
Nonresidential. Every 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 washroom facilities
or from splashing of water.
(6)
Lighting of common spaces other than habitable rooms, bathrooms and
water closet compartments.
(a)
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 § 156-19H. 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.
(b)
Garages and nonresidential. All garages and nonresidential buildings required to have electric service under Subsection V(3)(b) and (c) above shall also be provided with artificial lighting installations and fixtures conforming to the requirements contained in Subsection V(6)(a) above. 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.
W.
Maintenance of electrical and lighting facilities.
(1)
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 all 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 it is designed.
(2)
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.
X.
Fuse requirements; prohibition against overloading circuits.
(1)
Fuses and protective devices.
(a)
Residential. Maximum fuse sizes consistent with safety shall
be posted conspicuously on the inside cover of all fuse boxes, and
no fuses shall be installed therein in excess of the stated maximum,
except that owners shall not be responsible for violation in fuse
installations 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
no fuses shall be installed therein in excess of the stated maximum,
except that owners shall not be responsible for violation in fuse
installations without their knowledge where the correct maximum is
stated and the fuse box 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 public officer finds after notice and hearing 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 public officer may
consider the peak seasonal load to which the line is subjected.
(3)
Suspension of service 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 City ordinances
applicable to such service, facility, equipment or utility.
Y.
Discontinuance of services.
(1)
No owner, operator or occupant of a residence shall cause any service,
facility, equipment or utility which is required to be supplied by
the provisions of this chapter or any provisions of the Property Maintenance
Code of the City of Orange or which is required under the terms of
an executed lease or rental agreement to be removed from or discontinued
for an occupied dwelling, commercial, business or industrial structure,
except for necessary repairs, alterations or emergencies or for such
other reason as may be permitted pursuant to those sections of the
Property Maintenance Code or other ordinances of the City applicable
to such service, facility, equipment or utility.
(2)
This subsection shall specifically include the causing of the shutting
off of City water service caused by the nonpayment of legitimately
due and owing water bills.
A.
Dwelling units.
(1)
Buildings with required open space. Dwelling units in buildings containing
no more than two (2) dwelling units, and such other buildings containing
three (3) or more dwelling units, conforming to the open space requirements
contained in the Zoning Ordinance of the City[1] applicable to such buildings shall have the following
occupancy standards: The minimum net floor area shall be one hundred
fifty (150) square feet for the initial occupant, two hundred fifty
(250) square feet for two (2) occupants, three hundred fifty (350)
square feet for three (3) occupants and one hundred (100) square feet
for each occupant thereafter, except that, for the purpose of this
subsection, children under one (1) year of age shall not be counted
as occupants.
(2)
Other dwellings. Multiple dwellings not otherwise covered under Subsection A(1) above shall have the following occupancy standards: The minimum net floor area shall be one hundred fifty (150) square feet for the initial occupant, one hundred fifty (150) square feet for the second occupant and one hundred (100) square feet for each additional occupant, except that, for the purpose of this subsection, children under one (1) year of age shall not be counted as occupants.
B.
Lesser area permitted for efficiency apartments. Efficiency apartments constructed or under construction as of June 1, 1968, shall be permitted to have a minimum net floor area of twenty-five percent (25%) less than that required under Subsection A above, provided that the apartment unit was designed in conformity with modern standards of use of space to accommodate kitchen facilities, living and sleeping facilities and furniture, so that all available habitable space is efficiently utilized and the apartment is a fireproof structure.
C.
Required space in sleeping rooms. Except as required under Subsection D below, every room utilized for sleeping purposes shall have a minimum net floor area of seventy (70) square feet for the initial occupant and fifty (50) square feet of additional net floor area for each additional occupant, except that children under one (1) year of age shall not be counted as occupants for the purposes of this subsection.
D.
Where additional area required in sleeping rooms. Rooms utilized
for sleeping purposes shall have a minimum net floor area of ninety
(90) square feet for the first occupant and seventy (70) square feet
for each additional occupant in:
E.
Cellar and basement requirements. Effective April 1, 1968, 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 that a living room area may be used by no more than one (1)
person either:
(1)
Where the total occupancy does not exceed two (2) persons; or
(2)
In dwelling units having an excess of five hundred (500) square feet
of net floor area; provided, however, that all other occupancy standards
as prescribed herein are satisfied. This subsection shall not apply
to single-family dwellings.
F.
Basements may be used for human habitation. Basements may be used
for human habitation, provided that:
(3)
All furnaces or other heating facilities are so located, insulated
and separated from living areas by fireproof partitions or walls necessary
pursuant to regulations of the Fire Chief so 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.
G.
Limitation on nature of occupancy of certain dwelling units and rooming
units.
(1)
Occupancy of single-family dwelling. A single-family dwelling shall
be occupied by persons composing an immediate family, and no more
than two (2) other persons.
(2)
Occupancy of dwelling unit. A dwelling unit, other than that constituting
a single-family dwelling, shall be occupied by persons composing an
immediate family, and no more than two (2) other persons.
(3)
Occupancy of independent rooming units. Independent rooming units
shall be rented for occupancy or occupied by adults and emancipated
minors only.
(4)
Occupancy of one-room dwelling units or rooming units. Occupancy
of dwelling units or rooming units having only one (1) habitable room
shall be limited to two (2) persons.
(5)
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.
A.
Dwelling units. Every dwelling unit shall have a bathroom containing
a toilet, wash basin, bathtub or shower, shall be equipped with private
kitchen facilities and shall comply with such other requirements set
forth elsewhere in this code. Where there are more than eight (8)
occupants, the unit shall have two (2) bathrooms.
C.
Minimum sanitary facilities for all cooking. No cooking shall be
permitted in any dwelling unit unless there are minimum sanitary facilities,
which facilities shall include:
(1)
Kitchen sink of nonabsorbent impervious material and drain board
of appropriate materials, the 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)
Appropriate facilities for storage of food and either gas or electric
refrigeration.
(4)
Means of ventilation sufficient to remove cooking odors to the exterior
of premises.
D.
Community cooking facilities. Cooking facilities serving more than
one (1) dwelling unit or independent rooming unit, or combination
thereof, shall not be permitted, except that nothing herein shall
be construed to prohibit the operation of establishments subject to
licensing.
E.
Where 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 Subsection E(4) below.
(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 Subsection E(2) above. Where there is an independent rooming unit located above the first story, a common hallway or areaway shall have two (2) means of egress remote from each other and conforming to the requirements of the Building Code.[1]
(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 window shall be located no more than
three (3) feet above the floor area and shall provide a minimum opening
of at least three (3) feet in width and four (4) 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 (3) 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 an egress shall be
at least thirty (30) inches in width with a minimum height of four
(4) 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 (2) 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 fifty (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 one
hundred (100) feet, provided that two (2) of the exits shall be at
least fifty (50) feet apart.
F.
Security for residential buildings; locks, buzzers, bells and intercoms.
(1)
Every building containing four (4) or more dwelling units shall be
provided with self-locking doors at every entranceway providing access
to each dwelling unit from any hallway or other common area, and self-locking
and self-closing doors at every entranceway providing access to each
building from the exterior thereof, except as hereinafter provided.
(2)
Except in wood frame detached buildings, every building containing
four (4) or more dwelling units shall be provided with either a self-closing
and self-locking main entranceway door to the exterior thereof which
shall be opened only by a key from the outside and by an electrical
control system operable from each dwelling unit: a peephole in the
front door of each dwelling unit; or a doorman at the main entranceway
door to the exterior thereof.
(3)
All locks, self-locking and self-closing doors and electrical control
systems, such as buzzers, bells or intercom systems, shall be maintained
in good and operable condition at all times.
[Added 12-5-72 by Ord. No. 105-72]
A.
It shall henceforth by unlawful for any property owner, landlord
or tenant to rent, lease, or any way deliver up for residential occupancy
any building, premises, apartment or any other dwelling unit until
a certificate of habitability (COH) has been issued by the Public
Officer or his designee upon inspection of said property stating that
the unit complies with the property maintenance standards of this
chapter. In such case, a certificate of habitability shall be required
prior to the rental, lease or occupancy of a residential unit and
thereafter on an annual basis. It shall be the duty of the Public
Officer or his designee to issue a certificate of habitability upon
inspection and approval within fifteen (15) days after said request.
The property owner, landlord shall submit a certificate of habitability
application and all required fees to the Planning and Economic Development
Department prior to the anniversary date of the issuance of the original
certificate of occupancy for an annual certificate and at least five
(5) business days before the date that a new tenant is anticipated
to occupy the dwelling.
[Amended 4-7-2009 by Ord.
No. 6-2009; 12-7-2010 by Ord. No. 32-2010]
B.
Every owner of any residential premises containing more than two
(2) rental dwelling units shall file with the Public Officer a certified
statement containing the following information:
[Added 6-15-76 by Ord. No. 39.76]
(1)
Name and address of the premises.
(2)
Name, address and telephone number of the owner.
(3)
Name, address and telephone number of the managing agent and/or superintendent,
if any.
(4)
The number of dwelling units in said multiple dwelling.
(5)
Identification of said dwelling units by number or letter and the
name of the tenant in each such unit, as of the date of said statement.
(6)
The term of the lease or occupancy of each tenant.
(7)
Within thirty (30) days after the change in any tenancy of any residential
premises containing more than two (2) dwelling units, the owner shall
furnish the Public Officer with the name of the new tenant, the unit
occupied and the term of the lease or occupancy.
C.
The owner of any residential premises containing more than two (2)
dwelling units shall hereafter not cause or permit occupancy of a
dwelling unit without requesting, as hereinafter provided, an inspection
for the issuance of a certificate of habitability:
[Added 6-15-76 by Ord. No. 39-76]
(1)
At least fifteen (15) days prior to the vacancy of dwelling unit
by a tenant, the owner of said premises shall notify the Public Officer,
in writing, of the anticipated date of said vacancy and request the
Public Officer to make an inspection within five (5) days of such
notice and issue a certificate of habitability.
(2)
In the event that the dwelling unit is vacated without prior notice
to the owner, the owner shall notify the Public Officer, in writing,
of the date of said vacancy and request the Public Officer to make
an inspection and issue a certificate of habitability.
D.
No certificate of habitability shall be issued unless and until the
Public Officer, upon inspection, determines that the dwelling unit
substantially complies with the provisions of the Property Maintenance
Code, Health Code, the New Jersey State Motel and Multiple-Dwelling
Law and other applicable city ordinances and that the dwelling unit
is safe and fit for human habitation. In the event that violations
are found to exist, the Public Officer shall notify the owner of the
same and require correction thereof prior to the issuance of the certificate
of habitability.
[Added 6-15-76 by Ord. No. 39-76]
[Added 12-5-72 by Ord. No. 105-72; amended 6-15-76 by Ord. No. 39-76]
A.
The fee for the certificate of habitability shall be as provided in Chapter 88, Fees, for each dwelling unit and for each reinspection per unit. Such fees are to be paid at the time of filing of the application for the certificate of habitability. Such fees shall be nonrefundable.
B.
The owner shall maintain said certificate of habitability, or a true
copy thereof, and make same available for the inspection of a prospective
or existing tenant.
[Amended 5-18-1982 by Ord. No. 16-82]
[Added 12-5-72 by Ord. No. 105-72]
Upon inspection of any building, premises, apartment or any
other dwelling unit, the Public Officer, in his discretion, may cause
to be issued a temporary certificate of habitability conditioned upon
the property owner's, landlord's or tenant's complying with the provisions
of this chapter within a reasonable period of time, not to exceed
thirty (30) days from the issuance of said certificate.
[Added 12-5-72 by Ord. No. 105-72; amended 5-18-1982 by Ord. No. 16-82]
The fee for a temporary certificate of habitability shall be as provided in Chapter 88, Fees, payable to the City of Orange. Upon compliance with the provisions of this chapter by the property owner, landlord or tenant, the Public Officer shall issue a permanent certificate of habitability at no additional fee, and said permanent certificate of habitability shall be effective for the period of time that the premises again becomes occupied and for as long as occupancy remains unchanged.
[Added 10-2-2012 by Ord.
No. 23-2012]
A.
Declaration of intent. The Municipal Council of the City of Orange
Township hereby declares its intent to regulate, in a manner consistent
with the interests of the citizens of the City of Orange Township,
the location, use and placement of dumpsters at residential, commercial
and industrial locations.
B.
CITY
DEBRIS OR OTHER WASTE MATERIALS
DUMPSTER
ENFORCEMENT OFFICER
PERSON
SITE
USER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The City of Orange Township.
All those items of any nature or origin which have been discarded
into the dumpster by the user.
Any container, with or without wheels, utilized for the purpose
of storage of debris or other waste materials either rented or owned
for temporary use and which is delivered and removed by vehicle.
Public Officer, Housing Department, and/or Police Department,
Construction Code Official, any official with the Code Enforcement
Department or any of their designees.
Any individual, person, firm, partnership, association, corporation,
company or organization of any kind.
A piece, parcel, tract or plot of land whether vacant or
occupied by one or more buildings.
The owner or occupant of property, tenants, contractor or
other person who is conducting construction, rehabilitation, renovation
or other handiwork on the site.
C.
Location.
(1)
Dumpsters may be located temporarily only on single-family,
multiple-family and/or commercial or industrial sites. In no event
shall dumpsters under this section be located in the right-of-way,
obstruct any sidewalk or obstruct public safety access.
(2)
Dumpsters shall be placed only in the driveway, designated parking
space, back yard or side yard. Dumpsters placed in the back yard or
side yard must be placed at least ten (10) feet from the lot line.
(3)
Dumpsters may be placed temporarily on city-owned streets in
legal parking spaces immediately adjacent to the site in compliance
with those regulations under the City Code. Such placement shall not
interfere with any other local, state or federal laws and regulations
concerning parking on streets. Such placement shall not block the
line of vision of any vehicles lawfully traversing the roadway.
(4)
Nothing herein shall affect those federal, state and local laws
regarding the prohibition of parking on certain streets including
but not limited to alternate side rules, no parking overnight rules,
and no parking of any vehicles.
D.
Permits.
[Amended 8-3-2022 by Ord. No. 41-2022]
(1)
A permit to place a dumpster on a site is required, which permit
shall be valid for a period of thirty (30) days. The user of the site
may apply for an additional thirty (30) day permit in any one calendar
year for that same unit after the expiration of fourteen (14) days
from the start of the prior permit. In no event shall more than two
(2) extension permits in total be granted for any site in any one
calendar year for any and all dumpsters.
(2)
A permit to place a dumpster in a legal parking space on city
street is required, which permit shall be valid for a period of forty-eight
(48) hours.
(3)
In no event shall more than one (1) dumpster be allowed per
site at any one time.
(4)
Application for an on-site permit must be made to the Code Enforcement
Department of the city by the user, on a form provided by the city.
The user shall pay a to the city for each permit for a dumpster.
(5)
Application for an extension of an on-site permit must be made
to the Code Enforcement Department of the city by the user, on a form
provided by the city. The user shall pay a fee to the city for each
extension to the permit for any dumpster.
(6)
Application for an on-street permit must be made to the Code
Enforcement Department of the city by the user, on a form provided
by the city. The user shall pay a fee to the city for each permit.
(7)
No dumpster shall be placed in the city without a permit. Failure
to obtain a permit before placement of the dumpster shall be deemed
a violation.
E.
Maintaining dumpster.
(1)
The person obtaining the permit for a dumpster shall be responsible
to ensure that the dumpster is in good condition, free from evidence
of deterioration, or other holes or breaks which would allow debris
or waste materials to escape therefrom.
(2)
The person obtaining the permit for a dumpster shall be responsible
to have the dumpster removed or emptied as the case may be when the
debris or waste materials have filled the dumpster. Leaving the dumpster
full for more than one (1) day shall constitute a violation under
this section.
(3)
The user of any site on which a dumpster is placed shall be
responsible for ensuring that no hazardous materials as defined at
49 CFR 171; hazardous substances as defined at 40 CFR 302; extremely
hazardous substances as defined at 40 CFR 355; hazardous chemicals
as defined at 29 CFR 1910; hazardous waste as defined at 40 CFR 260-281,
or such regulations may from time to time be amended, are placed into
the dumpster.
F.
Violations and penalties.
(1)
No person shall place any dumpster at any location in the city
except in compliance with this section.
(2)
Nothing in this section shall be construed as authorization
for any person to utilize dumpsters for any use other than for the
placement of debris and waste materials. Such other use shall be deemed
unlawful and a violation under this section.
(3)
It shall be deemed unlawful for a dumpster to remain at a site
in excess of the time periods permitted under this chapter.
(4)
It shall be deemed unlawful for a dumpster to remain full to
capacity in excess of the time periods permitted under this section.
(5)
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not to exceed one thousand
dollars ($1,000.). A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
G.
Retroactivity.
(1)
This ordinance shall apply to all dumpsters present in the city
at the time of its adoption.
(2)
All dumpsters in use at the time of the effective date of this
section shall be subject to the following conditions:
(3)
Failure to apply for the permit shall be deemed a violation
under this section.
(4)
If the dumpster fails to qualify for a permit, it must be removed
within three (3) days from the date of the notice from the city.
