[1]
Editor's Note: The authority to adopt a housing code is contained
in N.J.S.A. 40:48-12a.
[1979 Code § 17-1.1]
This chapter shall be known as the Housing Code of the City
of Linden.
[1979 Code § 17-1.2]
It is hereby found and declared that there exist in the City
structures used for human habitation, which are or may become in the
future substandard with respect to structure, equipment or maintenance;
and further that such conditions, together with inadequate provision
for light and air, insufficient protection against fire hazards, lack
of proper heating, unsanitary conditions, and overcrowding, constitute
a menace to the health, safety, morals, welfare, and reasonable comfort
of its citizens. It is further found and declared that the existence
of such conditions, factors or characteristics will, if not remedied,
create slum and blighted areas requiring large scale clearance; and
further that in the absence of corrective measures such areas will
experience a deterioration of social values, a curtailment of investment
and tax revenue, and an impairment of economic values. It is further
found and declared that the establishment and maintenance of minimum
housing standards are essential to the prevention of blight and decay,
and the safeguarding of public health, safety, morals and welfare.
It is further found and declared that a public necessity exists for
the repair, closing or demolition of such buildings or parts thereof.
[1979 Code § 17-1.3]
The purpose of this article shall be to protect the public health,
safety, morals and welfare of the people of the City by establishing
minimum standards governing the condition, occupancy and maintenance
of dwellings, dwelling units, rooming houses, rooming units and premises;
establishing minimum standards governing utilities, facilities and
other physical components and conditions essential to make dwellings,
dwelling units, rooming houses, rooming units and premises, safe,
sanitary, and fit for human habitation; fixing certain responsibilities
and duties of owners, operators, agents and occupants of dwellings,
dwelling units, rooming houses and rooming units; authorizing and
establishing procedures for the inspection of dwellings, dwelling
units, rooming houses and rooming units; and the condemnation and
vacation of these dwellings, dwelling units, rooming houses and rooming
units which are unfit for human habitation; and fixing penalties for
the violations of the provisions of this chapter. This chapter is
hereby declared to be remedial and essential to the public interest,
and it is intended that this chapter shall be liberally construed
to effectuate the purposes as stated herein.
[1979 Code § 17-1.4]
Every portion of a building or premises used or intended to
be used for any dwelling purpose, except temporary housing, shall
comply with the provisions of this chapter, irrespective of when such
building shall have been constructed, altered or repaired; and further
irrespective of any permits or licenses which have been issued for
the use or occupancy of the building or for the premises, for the
construction or repair of the building, or for the installation or
repair of equipment or facilities prior to December 5, 1967. This
chapter establishes minimum standards for the initial and continued
occupancy of all buildings and does not replace or modify standards
otherwise established for the construction, repair, alteration or
use of the building, its equipment or facilities.
[1979 Code § 17-1.5]
All departments, officials and employees of the City who have
the duty to issue permits or licenses in regard to the construction,
installation, repair, use or occupancy of dwellings, dwelling units,
rooming houses or rooming units, equipment or facilities, shall conform
to the provisions of this chapter.
[1979 Code § 17-1.6]
Nothing in this article shall be deemed to abolish or impair
existing remedies of the City, or its officers or agencies, relating
to the removal or demolition of any buildings which are deemed to
be dangerous, unsafe or unsanitary.
[1979 Code § 17-1.7; Ord. No. 20-223 § 1]
As used in this article:
Shall mean a building the use of which is incidental to that
of the main building and which is located on the same lot.
Shall mean approved by the field representative for housing
inspection or other authority having jurisdiction.
Shall mean a portion of the building partly underground,
but having less than half its clear height below the average grade
of the adjoining ground. (See also Cellar)
Shall mean an enclosed space containing one (1) or more bathtubs
or showers, or both, toilets, lavatories or other fixtures serving
similar purposes.
Shall mean a structure enclosed within exterior walls or
fire walls, built, erected and framed of component structural parts,
designed for the housing, shelter, enclosure and support of individuals,
animals or property of any kind. (See also Structure)
Shall mean the portion of the building partly underground,
having half or more than half of its clear height below the average
grade of the adjoining ground.
Shall mean the Construction Official, as the public officer,
relative to commercial, industrial and structural buildings, and shall
mean the field representative for housing inspection relative to housing
matters.
Shall mean a building arranged or used for lodging six (6)
but not more than twenty (20) individuals and having common toilet
and bathroom facilities.
Shall mean a building containing one (1) or more building
units occupied exclusively for residential uses.
Shall mean one (1) or more rooms arranged for the use of
one (1) or more individuals living as a single housekeeping unit,
with cooking, living, sanitary and sleeping facilities.
Shall mean open space on the premises and vacant open space
on adjacent premises.
Shall mean the control and elimination of insects, rodents
and vermin by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by spraying,
fumigating and trapping; or by any other approved means of pest elimination.
Shall mean animal, vegetable and mineral waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean the mean curb level, or when the curb level has
not been established, or when all the walls of the building are more
than fifteen (15) feet from street lines. "Grade" shall mean the mean
elevation of the ground adjoining the building on the side under consideration.
Shall mean the total area of all habitable space.
Shall mean a room or enclosed floor space in a basement,
first or upper story arranged for living, eating or sleeping purposes,
not including bath or toilet rooms, laundries, pantries, foyers or
communicating corridors or cellar recreation rooms.
Shall mean the presence within or contiguous to a dwelling,
dwelling unit, rooming house, rooming unit or premises, of insects,
rodents, vermin or other pets.
Shall mean space which is sixty (60) square feet in floor
area or more, with a minimum width of five (5) feet, used for cooking
or preparation of food, and deemed habitable space.
Shall mean space which is less than sixty (60) square feet
in floor area, used for cooking or preparation of food, and not deemed
habitable space.
Shall mean any person over one (1) year of age, living, sleeping,
cooking or eating in, or having actual possession of, a dwelling unit
or rooming unit.
Shall mean any person who has charge, care or control of
a multiple residence or rooming house, in which dwelling units or
rooming units are let or offered for occupancy.
Shall mean and include his duly authorized agent or attorney,
a purchaser, devisee or fiduciary, and an individual having a vested
or contingent interest in the property in question.
Shall mean all individuals, associations and corporations,
including "operator" and "occupant" as defined in this subsection,
who have interests of record in a building and who are in actual possession
thereof.
Shall mean pipes, fixtures and other apparatus for supplying
water for consumption, or for the conveyance of waste and drainage.
Shall mean water duly approved as satisfactory and safe for
drinking.
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereon.
Shall mean the sewer operated by a public authority or public
utility, and available for public use.
Shall mean a building, or part thereof, which contains one
(1) or more rooming units, and in which space is occupied or intended
to be occupied by three (3) or more persons who are not husband or
wife, son or daughter, mother or father, or sister or brother of the
owner or operator.
Shall mean any room or group of rooms forming a single habitable
unit used or intended to be used for living or sleeping, but not for
cooking or eating purposes.
Shall mean all combustible and noncombustible waste, except
garbage.
Shall mean the waste from a flush toilet, bath, sink, lavatory,
dishwashing or laundry machine, or the water-carried waste from any
other fixture or equipment or machine.
Shall mean an assembly of materials forming a construction
for occupancy or use, including among others, buildings, stadiums,
gospel and circus tents, reviewing stands, platforms, stagings, observation
towers, radio towers, water tanks, trestles, piers, wharves, open
sheds, coal bins, shelters, fences and display signs.
Shall mean paid for, furnished or provided by or under the
control of the owner or operator.
Shall mean temporary shelter provided for victims of fire,
storm or war damage, or any other act of God that causes the evacuation
of dwelling units and requires the temporary sheltering of the victims
of these calamities.
Shall mean an enclosed space containing one (1) or more water
closets, lavatories, urinals and other plumbing fixtures.
Shall mean the process of supplying or removing air by natural
or mechanical means to or from any space. Such air may or may not
have been conditioned.
Shall mean ventilation by power-driven devices.
Shall mean ventilation by opening to outer air through windows,
skylights, doors, louvers or stacks, with or without wind-driven devices.
[1979 Code § 17-1.8]
In all complaints involving violation of this Code which makes
a building unfit for human habitation, the owner and any parties in
interest shall be responsible for compliance herewith. In all violations
of this Code, other than one which makes a building unfit for human
habitation, it shall be the responsibility of the owner, operator,
agent and occupants of the building to comply with the provisions
of this chapter.
[1979 Code § 17-2.1]
Exterior property areas shall be free from conditions which
might create a health, accident or fire hazard. Exterior property
areas shall be reasonably free from holes, excavations, sharp protrusions
and other objects or conditions which are or might be a cause of personal
injury. Walks, steps and driveways that contain holes or tripping
hazards shall be filled, repaired or replaced as needed. Open wells,
cisterns or other ground openings shall be securely closed. Trees
of limbs or trees that constitute a hazard shall be removed.
[1979 Code § 17-2.2]
Exterior property areas shall be kept free from organic and
inorganic material that might become a health, accident or fire hazard.
Exterior property areas, whether or not used for human habitation,
shall be kept clean at all times. Metal or other leakproof containers,
with tight-fitting covers, shall be provided for the temporary storage
of garbage and rubbish. Disposal of rubbish and other refuse by means
of incineration shall be done in accordance with all regulations of
the City of Linden and State of New Jersey.
[1979 Code § 17-2.3]
Storm water shall be properly drained to prevent recurrent or
excessive ponding or the entrance of water into any basement or cellar.
All leaders and gutters on all buildings shall be kept in proper operating
order.
[1979 Code § 17-2.4]
Exterior property areas and vacant lots shall be free of all
weeds, noxious or harmless. A growth higher than six (6) inches above
the ground shall be considered to be weeds.
[1979 Code § 17-2.5]
Exterior property areas shall be kept free from sources of insect,
vermin and rodent breeding, harborage or infestation.
[1979 Code § 17-2.6]
Domestic animals and pets shall not be kept on any premises
in such a manner as to create unsanitary conditions or constitute
a menace. Unsanitary conditions, inappropriate types of pets or animals,
and excessive numbers of the same shall constitute conditions which
may be considered a nuisance under this section.
[1979 Code § 17-2.7]
Accessory structures shall be kept structurally sound and in
good repair or removed from the premises. Effective rodent-proofing
or extermination shall be done, where necessary, in these structures.
The exterior of such structures shall be made weather resistant through
the use of decay resistant materials, or the application of paint
or other preservatives. All such structures shall have such exterior
covering as is required by this chapter for dwellings.
[1979 Code § 17-2.8; Ord. No. 21-38 § 1]
Exterior property areas shall be maintained so as not to cause
a substantial depreciation in property values in the immediate neighborhood.
Except as provided in other regulations, not more than one (1)
currently unregistered and/or uninspected motor vehicle shall be parked
on any property in a residential district, and the vehicle shall not
at any time be in a state of major disassembly, disrepair nor shall
it be in the process of being stripped or dismantled. A vehicle of
any type shall not at any time undergo major overhaul, including body
work, in a residential district.
Except as provided in other regulations and approved by the
Code Official, not more than two (2) currently unregistered and/or
uninspected motor vehicles shall be permitted on any property in a
nonresidential district, and any vehicle shall not at any time be
in a state of major disassembly, disrepair nor shall it be in the
process of being stripped or dismantled.
Wherever the words "motor vehicle" shall appear, shall also
include "trailers."
[1979 Code § 17-2.9]
The owner or party in interest shall remove from his lands all
brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris within ten (10) days after notice
to remove the same. If the owner or party in interest refuses or neglects
to remove the same in a manner necessary and expedient for the preservation
of the public health, safety and general welfare, or to eliminate
a fire hazard, within the time provided in the notice, the Code Enforcement
Agency shall provide for its removal by and under the direction of
the Department of Public Works, and the owner or party in interest
shall be subject to the imposition of penalties and costs as provided
in this chapter.
[1979 Code § 17-2.10]
In all cases where brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris are removed
from any lands by or under the direction of the Department of Public
Works, the Director of Public Works shall certify the cost thereof
to the Council, which shall examine the certificate and, if found
current, shall cause the cost as shown thereon to be charged against
the lands. The amount so charged shall forthwith become a lien upon
such lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
[1979 Code § 17-3.1]
The foundation walls of every structure used for human habitation
shall be maintained in good repair and structurally sound. Foundation
walls shall be considered to be in good repair and structurally sound
if found free from damage or defects and capable of bearing imposed
loads.
[1979 Code § 17-3.2]
The stairs, porches and railings affixed to the exterior of
every structure used for human habitation shall be kept in good repair
and structurally sound. Railings shall be provided for porches and
accessible roofs. Handrails shall be provided for all stairs containing
more than three (3) risers.
[1979 Code § 17-3.3]
Every structure used for human habitation shall be so maintained
that it is weatherproof and watertight. Exterior walls, roofs and
all openings around doors, windows, chimneys and all other parts of
the structure shall be so maintained as to keep water from entering
the structure and to prevent undue heat loss.
[1979 Code § 17-3.4]
All exterior wood surfaces of a structure used for human habitation
that are not of a species inherently resistant to decay, shall be
treated periodically with a protective coating or other preservative
to prevent structural deterioration and to preserve a suitable appearance,
thereby lessening fire hazards.
[1979 Code § 17-3.5]
Window glass shall be maintained unbroken and properly installed
in all window sash. Window sash and frames shall be properly painted
and puttied.
[1979 Code § 17-3.6]
The exterior of all buildings used for human habitation shall
be covered with wood siding, wood shingles, asbestos siding or shingles,
aluminum siding, wood clapboard or other material considered suitable
by general construction standards. All such outer covering shall be
suitably maintained.
[1979 Code § 17-3.7]
Every window, door and other opening to outdoor space in the
exterior of every structure used for human habitation shall be effectively
protected against the entrance of insects. From May 1 to October 1,
every opening used for ingress and egress from a structure used for
human habitation, and every window, shall be provided with approved
screening.
[1979 Code § 17-3.8]
Every structure shall be free of loose overhanging objects.
[1979 Code § 17-3.9; Ord. No. 25-32 § 1]
Every sleeping room below the fourth story in buildings of use
shall have at least one (1) operable window or exterior door approved
for emergency egress or rescue. The units shall be operable from the
inside without the use of separate tools. Where windows are provided
as a means of egress or rescue, the windows shall have a sill height
not more than forty-four (44) inches (1118 mm) above the floor. All
egress or rescue windows from sleeping rooms must have a minimum net
clear opening of five point seven (5.7) square feet (0.53 m2). The minimum net clear opening height dimension
shall be twenty-four (24) inches (610 mm). The minimum net clear opening
width dimension shall be twenty (20) inches (508 mm).
Bars, grilles or screens placed over emergency escape windows
shall be releasable or removable from the inside without the use of
a key, tool or excessive force.
Exceptions:
a.
The minimum net clear opening for grade floor windows shall be five
(5) square feet (0.47 m2).
b.
In buildings where the sleeping room is provided with a door to a
corridor having access to two (2) remote exits in opposite directions,
an outside window or an exterior door for emergency escape from each
such sleeping room is not required.
c.
Buildings equipped throughout with a complete automatic fire suppression
system.
[1979 Code § 17-3.10; Ord. No.
25-32 § 1]
The owners of existing buildings and structures shall be responsible
for the safety of all persons in or occupying the premises with respect
to the adequacy of the means of emergency escape.
[1979 Code § 17-3.11]
It shall be unlawful to obstruct or reduce in any manner the
clear width of any doorway, hallway passage or any other required
exitway.
[1979 Code § 17-3.12]
All exterior exitways shall be kept free of snow and ice and
shall be properly painted before and after erection and be scraped
and painted as often as necessary to maintain them in safe condition.
[1979 Code § 17-4.1]
Cellars, basement and crawl spaces under living quarters in
every structure used for human habitation shall be paved with concrete
and shall be reasonably free from dampness to prevent conditions conducive
to decay or deterioration of the structure.
[1979 Code § 17-4.2]
Supporting structural members of every building shall be structurally
sound. Supporting structural members shall be considered to be structurally
sound if such members are capable of bearing imposed loads safely
and if there is no evidence of deterioration.
[1979 Code § 17-4.3]
Chimneys and all flue and vent attachments thereto of every
structure shall be structurally sound, free from defects and adequate
to perform the function for which they were designed and are used.
[1979 Code § 17-4.4]
Interior stairs of every building shall be structurally sound
and free from defects. Railings shall be provided for stairs, balconies,
landings and stairwells. Treads and risers that evidence excessive
wear or are warped, broken or loose shall be repaired or replaced.
Properly balustraded railings, capable of bearing normally imposed
loads, shall be placed on the open portions of stairs, balconies,
landings and stairwells. Handrails shall be provided for all stairs
containing more than three (3) risers.
[1979 Code § 17-4.5; amended 12-21-2010 by Ord. No. 54-78]
Floors, walls, ceilings and doors of every structure used for
human habitation shall be structurally sound and maintained in a clean
and sanitary condition, free from breaks, loose plaster and similar
conditions. Walls and ceilings shall be covered with plaster, drywall,
sheetrock, tile or other material of acceptable construction standards.
Walls and ceiling of attached and built-in garages shall be covered
with fire-resistant materials. Openings from a private garage directly
into a room used for sleeping purposes shall not be permitted. Other
openings between the garage and residence shall be equipped with solid
wood doors not less than 1 3/8 inch (35 mm) in thickness, solid
or honeycomb core steel doors not less than 1 3/8 inch (35 mm)
thick, or twenty-minute fire-rated doors.
[1979 Code § 17-4.6]
Kitchen, bathroom, shower room and toilet room or compartment
floors of every structure used for human habitation shall be water
resistant. A floor shall be considered water resistant if it is covered
with linoleum, or with ceramic, rubber, linoleum or asphalt tile cemented
to the floor, or other impervious materials.
[1979 Code § 17-4.8]
The interior of every structure used for human habitation shall
be maintained free from rubbish and garbage that might become a health,
accident or fire hazard. Metal or other leakproof containers with
tight-fitting covers shall be provided for the temporary storage of
rubbish, garbage and other refuse.
[1979 Code § 17-4.8]
The interior of every structure shall be kept free from insect,
rodent and vermin infestation.
[1979 Code § 17-5.1]
Every dwelling, dwelling unit and rooming house shall be supplied
with a potable water supply. There shall be adequate water supply
and pressure at all installed hot and cold water outlets. The minimum
rate of flow of hot or cold water issuing from a faucet or fixture
shall be not less than one (1) gallon per minute.
[1979 Code § 17-5.2]
Every dwelling, dwelling unit and rooming house shall have an
adequate supply of hot water, properly connected to plumbing fixtures
requiring hot water. Adequate hot water is water with a temperature
of one hundred twenty (120°) degrees Fahrenheit available at all
times.
[1979 Code § 17-5.3]
Every dwelling and dwelling unit shall have a kitchen sink,
toilet, bathtub or shower, and laboratory. The toilet, bathtub or
shower, and lavatory shall be located in a separate, private room
located within the dwelling unit. All fixtures shall be connected
to the required hot and cold water supply lines.
[1979 Code § 17-5.4]
In every rooming house a toilet, bathtub or shower, and lavatory
shall be required for each multiple of twelve (12) persons or fraction
thereof. Bathtubs, showers and lavatories shall be properly connected
to both hot and cold water lines. All fixtures shall be so located
as to be accessible to the occupant of each rooming unit sharing the
use of such facilities without going through a dwelling unit or rooming
unit of another occupant. Where sleeping accommodations are arranged
as in a dormitory, the same plumbing fixtures are required for each
multiple of eight (8) persons or fraction thereof.
[1979 Code § 17-5.5]
Every dwelling, dwelling unit, rooming house, and rooming unit
occupied during normal heating periods shall have heating facilities
capable of maintaining a minimum inside temperature of sixty-eight
(68°) degrees Fahrenheit in all habitable rooms and bathrooms.
[1979 Code § 17-5.6]
Every dwelling, dwelling unit, rooming house and rooming unit
shall be provided with adequate electrical service.
[1979 Code § 17-5.7]
Every dwelling unit shall be provided with installed cooking
facilities or utility connection for such facilities.
[1979 Code § 17-6.1]
Every water line, plumbing fixture and drain located in a structure
used for human habitation shall be properly installed and connected
in accordance with State law and applicable ordinances, and shall
be maintained and capable of performing the function of which it was
designed.
[1979 Code § 17-6.2]
Every stack, waste and sewer line located in a structure used
for human habitation, and every connecting sewer line, shall be installed
in accordance with State law and applicable ordinances, and maintained
so as to function properly and not be a source of structural deterioration
or a health hazard.
[1979 Code § 17-6.3]
Every heating, cooling and water heating device located in a
structure used for human habitation shall be properly installed and
connected in accordance with State law and applicable ordinances,
and capable of performing the function for which it was designed.
All heating, cooking and water heating equipment requiring stove pipes
shall be rigidly and securely connected to a chimney or flue. Heating
equipment burning liquid or gaseous fuels shall also be rigidly and
securely connected to its supply line.
[1979 Code § 17-6.4]
Every heating, cooking and water heating device located in a
structure used for human habitation shall be so maintained and operated
as to be free from fire, health and accident hazards.
[1979 Code § 17-6.5]
All fuels stored on the premises for the operation of heat producing
equipment shall be stored in a safe manner, as may be prescribed by
the Bureau of Fire Prevention.
[1979 Code § 17-6.6]
Electrical wiring and devices located in a structure used for
human habitation shall be designed, installed and maintained so as
not to be a potential source of ignition of combustible material or
an electrical hazard, and in accordance with the Underwriters Code.
[1979 Code § 17-7.1]
Every dwelling unit shall contain a minimum gross floor area
of at least one hundred fifty (150) square feet for the first occupant,
at least one hundred (100) additional square feet for each of the
next two (2) occupants, and at least seventy-five (75) square feet
for each occupant thereafter.
[1979 Code § 17-7.2]
In every dwelling unit of two (2) or more habitable rooms, every
room occupied for sleeping purposes by one (1) occupant shall have
a minimum gross floor area of at least eighty (80) square feet. Every
room occupied for sleeping purposes by more than one (1) occupant
shall have a minimum gross floor area of fifty (50) square feet per
occupant thereof. Every room used for sleeping purposes shall have
as a smallest length or width a dimension of eight (8) feet and a
minimum floor to ceiling height of seven (7) feet eight (8) inches
for the first floor, and seven (7) feet eight (8) inches in all other
types of dwellings.
[1979 Code § 17-7.3]
No space in any cellar shall be used for sleeping purposes.
[1979 Code § 17-7.4]
Rooms let to one (1) or more persons shall contain a minimum
gross floor area for sleeping purposes of ninety (90) square feet
for a single occupant, and every such room occupied by more than one
(1) occupant shall contain a minimum gross floor area of seventy (70)
square feet per occupant thereof.
[1979 Code § 17-8.1]
Every habitable room and bathroom shall have at least one (1)
window or skylight, fifty (50%) percent of which is openable, facing
directly to the outdoors. The minimum aggregate area available for
unobstructed light shall not be less than ten (10%) percent of the
floor area of the room. In lieu of a window or skylight, bathroom
and water closet compartments may be ventilated by mechanical or other
means acceptable to the administrative authority, which will provide
at least four (4) changes per hour.
[1979 Code § 17-8.2]
Every habitable room shall contain at least two (2) separate
wall type electric convenience outlets, or one (1) such convenience
outlet and one (1) ceiling or wall type electric light fixture. Every
such outlet and fixture shall be maintained in good and safe condition,
and shall be connected to the source of electric power. No temporary
wiring shall be used except extension cords which run directly from
portable electrical fixtures to convenience outlets, and which do
not lie under rugs or other floor covering, nor extend through doorways,
walls, floors, transom or other openings through structural elements.
Bathroom and water closet compartments shall have at least one (1)
ceiling or wall type electric light fixture, controlled by a wall
switch so located as to avoid danger of electrical hazards. At least
one (1) receptacle of the grounding type shall be installed for the
connection of laundry appliances. Receptacles installed in or on open
porches, hallways, garages and the like which may supply equipment
to be used by persons standing on the ground shall be of the grounding
type. These facilities shall be installed according to the requirements
of the National Electrical Code.
[1979 Code § 17-8.3]
In every common space, landing, stair, hall, cellar and basement
located in a structure used for human habitation, light shall be equivalent
to a minimum of five (5) foot candles.
[1979 Code § 17-8.4]
Every public hall and common stairway located in a structure
used for human habitation and which is used primarily for ingress
and egress in connection with two (2) or more dwelling units or rooming
units shall be supplied with lighting facilities controllable by the
occupants of the structure and available at all times.
[1979 Code § 17-9.1]
Every occupant of a dwelling or dwelling unit shall keep in
clean and sanitary condition that part of the dwelling, dwelling units
or premises thereof which he occupies or controls.
[1979 Code § 17-9.2]
Every occupant of a dwelling or dwelling unit shall be responsible
for the exercise of proper care and cleanliness in the use and operation
of all plumbing fixtures.
[1979 Code § 17-9.3]
[1979 Code § 17-9.4]
Every occupant of a single dwelling unit shall be responsible
for the extermination of any rodents, vermin or other pests therein
or on the premises. When two (2) or more dwelling units within a building
are so infested, it shall be the responsibility of the owner to carry
out the provisions of this subsection within such building.
[1979 Code § 17-9.5]
Every owner of a building containing three (3) or more dwelling
units shall be responsible for maintaining in a clean and sanitary
condition the shared or public areas of the dwelling and premises
thereof.
[1979 Code § 17-9.6]
Every owner who rents a dwelling unit shall inform the lessee
thereof, in writing, of the maximum allowable occupancy.
[1979 Code § 17-9.7; Ord. No. 49-1 § 1]
Every owner or operator of a building who permits to be occupied
any dwelling unit or rooming unit therein under an agreement, express
or implied, to supply heat shall furnish heat adequate to maintain
therein from September 15 to May 15, of the following year, a minimum
inside temperature of sixty-eight (68°) degrees Fahrenheit in
all habitable rooms, bathrooms, shower rooms and toilet rooms or compartments
between the hours of 6:30 a.m. and 11:00 p.m. and not less than sixty-five
(65°) degrees Fahrenheit between the hours of 11:00 p.m. and 6:30
a.m. The provisions of this subsection shall not apply where the failure
to maintain minimum requirements is caused by a general shortage of
fuel, negligent or malicious act of the occupant, necessary repairs
or alterations, or any cause beyond the control of the owner or occupant.
[1979 Code § 17-9.8]
No owner, operator or occupant shall cause any service, facility,
equipment or utility, which is required by the provisions of this
chapter, to be removed, or shut off from, or discontinued, for any
occupied dwelling unit, except for necessary repairs, alterations
or emergencies.
[1979 Code § 17-9.9]
No person shall occupy as owner-occupant, or permit to be occupied
by another, any vacant dwelling or dwelling unit, unless or until
it is in good repair, clean, sanitary, habitable condition, and in
full compliance with all the provisions of this chapter and the rules
and regulations adopted pursuant thereto.
[1979 Code § 17-10.1]
The Code Enforcement Agency shall be authorized to make surveys
in any area of the City to determine the general condition of structures
used for human habitation, and the extent of deterioration, lack of
facilities, maintenance, unsafe and unsanitary conditions, the extent
of overcrowding, land use and other relevant factors.
[1979 Code § 17-10.2]
The head of the Code Enforcement Agency shall be authorized
to make or cause to be made inspections to determine the conditions
of dwellings, dwelling units, rooming houses, rooming units and premises
in order to safeguard the health, safety, morals and welfare of the
public. The head of the Code Enforcement Agency or his designated
representatives shall be authorized to enter any dwelling, dwelling
unit, rooming house, rooming unit or premises at any reasonable time
during business hours, or at such other time as may be necessary in
an emergency, for the purpose of performing his duties under this
chapter. If permission to inspect the premises is refused by the owner
or occupant of the premises, the inspector charged with enforcing
the chapter is authorized to obtain necessary search warrants to effectuate
the inspection.
[1979 Code § 17-10.3]
The owner, operator, agent or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give personnel authorized in subsection 10-20.2, access to such dwelling, dwelling unit, rooming house, rooming unit and premises, for the purpose of such inspections at any reasonable time during business hours or at such other time as may be necessary in an emergency.
[1979 Code § 17-10.4]
Inspectors and authorized personnel of the Code Enforcement
Agency shall be supplied with official identification when entering
any dwelling, dwelling unit, rooming house, rooming unit or premises.
[1979 Code § 17-10.5; Ord. No.
20-223 § 1]
The Construction Official shall be the public officer who shall be responsible for inspections, complaints, enforcement, etc., relative to industrial, commercial and structural buildings, that are not included in the definition of "building" as set forth in subsection 10-10.7 Definitions. Building - shall mean a structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. (See also Structure).
The field representative for housing inspection shall be responsible
for inspections, complaints, enforcement, etc., relative to housing
or dwelling units; together with those officers, agents and employees
delegated by the Council.
They are hereby appointed to exercise all the powers contained
in N.J.S.A. 40:48-2 and 3 et seq., and any amendments thereof or supplements
thereto, and all ordinances, codes, rules and regulations, as well
as the additional powers, functions and duties set forth in this chapter.
[1979 Code § 17-10.6]
Whenever it is found that there exists in the City any building
which is unfit for human habitation, or occupancy or use, due to dilapidation,
defects increasing the hazards of fire, accidents or other calamities,
lack of ventilation, light or sanitation facilities, or due to other
conditions, rendering such building unsafe or unsanitary, or dangerous
or detrimental to the health or safety, or otherwise inimical to the
welfare of the residents of the City, and in addition to the above,
but not in limitation thereof, whenever it is found that a building
is unfit for human habitation, occupancy or use because such building
does not meet any of the minimum standards of all City ordinances,
including the building, electrical and fire prevention codes, the
field representative of housing inspection shall, upon the filing
with him of a petition by a public authority, or by at least five
(5) residents of the City, charging that any building is unfit for
human habitation, occupancy or use, or if it shall appear to the field
representative for housing inspection on his own motion that any building
is unfit for human habitation, occupancy or use, for the reasons above
stated, the field representative for housing inspection shall make
or cause to be made a preliminary investigation concerning the basis
for such charges.
[1979 Code § 17-10.7]
If, after a preliminary investigation, it appears to the field
representative for housing inspection that there is a basis for action
to be taken, or if a preliminary investigation discloses to him a
basis for charges that may be filed with him, he shall issue and cause
to be served upon the owner of and parties in interest in such building
a complaint stating the charges in that respect. The complaint shall
contain a description of the property affected, sufficiently definite
in terms to identify it. The complaint shall also contain a notice
that a hearing will be held before the field representative for housing
inspection, or his designated agent at a place therein fixed not less
than ten (10) days nor more than thirty (30) days after the service
of the complaint.
[1979 Code § 17-10.8]
The owner and parties in interest shall have the right to file
an answer to the complaint with the field representative for housing
inspection not less than three (3) days prior to the date fixed for
the hearing and to appear in person, by counsel or otherwise, and
give testimony at the place and time fixed in the complaint.
[1979 Code § 17-10.9]
The rules of evidence prevailing in the courts shall not be
controlling in hearings before the field representative for housing
inspection.
[1979 Code § 17-10.10]
After notice and hearing the field representative for housing inspection may determine that the building under consideration is unfit for human habitation, or occupancy or use if he finds that any or all of the conditions set forth in subsection 10-20.8 exist therein and that such conditions are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the City.
[1979 Code § 17-10.11]
If, after such notice and hearing, the field representative for housing inspection determines that the building under consideration is unfit for human habitation, occupancy or use for any of the reasons set forth in subsection 10-20.8, he shall within ten (10) days from the date of his hearing state in writing his findings of fact in support of his determination, and shall within ten (10) days cause to be served upon the owners and parties in interest of the building a copy of the findings, and he shall also within ten (10) days issue and cause to be served upon the owner and parties in interest an order requiring the repair, alteration or improvement of the building to be made by the owner within such time as in the opinion of the field representative for housing inspection the need for and the extent of the needed repairs shall require, but not more than thirty (30) days from the date of the order; or, at the option of the owner, to vacate or have the building vacated and closed within the aforesaid time, provided that the building when vacated and closed will not then be dangerous or injurious to the health and safety of the occupants of the neighboring buildings or other residents of the City. The order shall further set forth what repairs, alterations or improvements shall be carried out, and further that if the building is in such conditions as to make it dangerous to the health and safety of persons on or near the premises, and if the owner fails to repair, alter or improve the buildings within the time specified in the order, and if the field representative for housing inspection also determines that the building is in such condition as to make it dangerous to the health and safety of persons on or near the premises even if such building should be vacated and closed, then the owner shall be required to remove or demolish the building within such time as in the opinion of the field representative for housing inspection the need for such action shall require. The order shall set forth the manner in which such removal or demolition shall be carried out.
[1979 Code § 17-10.12]
If the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the field representative for housing inspection may cause
such building to be repaired, altered or improved, or to be vacated
and closed. The field representative for housing inspection may cause
to be posted on the main entrance of any building so closed a placard
with the following words: "This building is unfit for human habitation,
occupancy or use. The use or occupancy of this building is prohibited
and unlawful." After a building has been so placarded and notice thereof
given by the field representative for housing inspection to the occupants
of such building, it shall then be the duty of the occupants, after
having been so ordered by the field representative for housing inspection,
to vacate the building within such time as in the opinion of the field
representative for housing inspection the health and safety of the
occupants shall require such action.
[1979 Code § 17-10.13]
No person shall remove or cause the removal of the placard referred to in subsection 10-20.12 without the written consent of the field representative for housing inspection or his authorized representative. Any person violating this subsection shall upon conviction be punished by a fine not to exceed $50.
[1979 Code § 17-10.14]
If the owner fails to comply with an order to remove or demolish
the building, the field representative for housing inspection may
cause such building to be removed or demolished, or he may contract
for the removal or demolition thereof after advertisement and receipt
of bids therefor.
[1979 Code § 17-10.15]
In addition to the foregoing provisions, in emergency cases
where it reasonably appears that the building is in such condition
as to render the same an immediate danger to the life or safety of
any person or the safety of the adjoining property or properties,
the field representative for housing inspection may forthwith enter
upon the premises with such assistance as may be necessary and cause
the building to be made secure or demolished. It shall not be necessary
under such circumstances to first give any notice to the owner or
the parties in interest, nor shall it be necessary for the field representative
for housing inspection to advertise or receive bids for such emergency
repair or demolition. The cost of such repair or demolition shall
become a municipal lien against the real property upon which such
cost was incurred, as provided in subsection 10-10.18.
[1979 Code § 17-10.16]
The amount of the cost of the filing of legal papers, expert
witnesses fees, search fees and advertising changes incurred in the
course of any proceeding taken under this section and determined in
favor of the City, and the cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from such building
or from any contract for removal or demolition thereof, shall be a
municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by the field representative
for housing inspection, he shall sell the materials of such building.
There shall be credited against the cost of the removal or demolition
thereof, the proceeds of any sale of such materials or any sums derived
from any contract for the removal or demolition of the building. If
there are no such credits or if the sum total of such costs exceeds
the total of such credits, a detailed statement of the aforesaid costs
and the amount so due shall be filed with the Tax Assessor or other
custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by registered mail. The amount so
due shall be collected in the same manner as other taxes are collected
and at the same rate of interest. If the total of the credits exceeds
such costs, the balance remaining shall be deposited in the Superior
Court of New Jersey by the field representative for housing inspection,
shall be secured in such manner as may be directed by the Court, and
shall be disbursed according to the order or judgment of the Court
to the persons found to be entitled thereto by final order or judgment
of the Court; provided that nothing in this subsection shall be construed
to impair or limit in any way the power of the City to define and
declare nuisances and to cause their removal or abatement by summary
proceedings or otherwise.
[1979 Code § 17-10.17]
Any owner or party in interest may, within sixty (60) days from
the date of filing of the lien certificate, proceed in a summary manner
in the Superior Court to contest the reasonableness of the amount
or the accuracy of the costs set forth in the municipal lien certificate.
[1979 Code § 17-10.18]
Complaints or orders issued by the field representative for
housing inspection pursuant to this section shall be served upon persons
either personally or by registered mail, but if the whereabouts of
such persons is unknown and the same cannot be ascertained by the
field representative for housing inspection in the exercise of reasonable
diligence, and the field representative for housing inspection makes
an affidavit to that effect, then the serving of such complaint or
order upon the persons may be made by publishing the same once each
week for two (2) successive weeks in a newspaper printed and published
in the City of Linden. A copy of such complaint or order shall be
posted in a conspicuous place on the premises affected by the complaint
or order, and a copy shall be duly recorded with the Registrar of
Union County.
[1979 Code § 17-10.19]
Any person aggrieved by an order issued by the field representative
for housing inspection under this section may, within sixty (60) days
after the posting and service of such order, bring an action for injunctive
relief to restrain the field representative for housing inspection
from carrying out the provisions of the order and for any other appropriate
relief in accordance with the provisions of N.J.S.A. 40:48-2.3 et
seq., as amended.
[1979 Code § 17-10.20]
The remedies herein provided shall be exclusive and no persons
affected by the order of the field representative for housing inspection
shall be entitled to recover any damages for action taken pursuant
to any order of the field representative for housing inspection, or
his designated representative, or because of noncompliance by any
person with any order of the field representative for housing inspection.
[1979 Code § 17-10.21]
In addition to the powers herein granted to the field representative
for housing inspection, he shall also have the power to administer
oaths and affirmations, to examine witnesses and receive evidence,
and to delegate any of his functions and powers under this chapter
to such officers and agents as he may designate.
[1979 Code § 17-10.23; Ord. No.
55-24]
Before any structure for any use may be transferred, it shall
be necessary for the purchaser to procure a certificate of occupancy
for housing inspection from the field representative for housing inspection.
This certificate shall not be issued unless the building or structure
conforms to all requirements of the Building Code, Zoning Chapter
or this revision and of this chapter. The fee for the certificate
of occupancy shall be $50 per residential unit accompanied by a copy
of a survey of the premises in question.
[1979 Code § 17-10.23]
All records of the Code Enforcement Agency shall be public. Upon request, the agency shall be required to make a search and issue a certificate of any of its records, including violations, and shall collect a fee as set forth in subsection 10-2.1.
[1979 Code § 17-11.1]
The head of the Code Enforcement Agency shall be the field representative
for housing inspection and he is authorized to exercise the powers
prescribed by this chapter and to make and adopt such written rules
and regulations as may be necessary for the proper enforcement and
interpretation of this chapter and to secure the intent thereof. Such
rules and regulations shall not be in conflict with the provisions
of this chapter or of any other ordinance of the City, nor shall they
have the effect of waiving any provisions of this chapter or of any
other ordinance. Rules and regulations shall be on file and available
as a matter of public record.
[1979 Code § 17-11.2]
No officer, agent or employee of the City shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the City Attorney until the final determination of the proceedings
therein.
[1979 Code § 17-11.3; Ord. No.
31-28 § 1; New]
An person who knowingly and willfully violates or assists in the violation of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. The term persons as used in this subsection shall include the owner, occupant, mortgagee, vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of a building or part thereof.
[1979 Code § 17-11.4]
The City Attorney shall, upon approval of the City Council,
institute appropriate action to restrain, prevent, enfold, abate,
correct or remove such violation, and to take such other legal action
as is necessary to carry out the terms and provisions of this chapter.
The remedies provided for herein shall be cumulative and not exclusive
and shall be in addition to any other remedies provided by law. Any
and all remedies may be pursued concurrently or consecutively, and
the pursuit of any remedy shall not be construed as an election or
waiver of the right to pursue any and all of the other remedies.
