[1982 Code § 121-1]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code as amended and as approved by the Department of Community Affairs, is adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use and governing the condition of dwellings. A copy of the Code is attached to and made a part of this section without the text being included herein.
[1982 Code § 121-2]
Three (3) copies of the New Jersey State Housing Code have been placed on file in the office of the Borough Clerk and shall remain on file for use and examination by the public.
[1982 Code § 121-3]
The administrative and enforcing authority for the provisions of this section shall be of the Construction Official.
[1982 Code § 121-4]
This section shall constitute the standards to guide the Construction Official in determining the fitness of any dwelling, dwelling unit, rooming unit or premises for human habitation, use or occupancy.
[1982 Code § 121-5]
The Mayor and Borough Council may adopt rules and regulations which interpret or amplify any provisions of this section, and any violation of those rules and regulations shall be subject to the same penalty as other violations of this section.
[1982 Code § 121-6]
The Construction Official or his agents shall make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough. For the purpose of making inspections, the Construction Official or his agents are authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at such reasonable hours as the circumstances of the case permit. This section shall not be construed to prohibit the entry of the Construction Official or his agents at any time when an actual emergency exists which tends to create a danger to public health or safety or at any time when an inspection is requested by an owner or occupant.
[1982 Code § 121-7]
The owner, occupant or person in charge of a dwelling, dwelling unit or rooming unit shall give the Construction Official or his agents, upon their presentation of proper identification, free access to the premises for the purpose of inspection or for making any repairs or alterations which are necessary to effect compliance with this section.
[1982 Code § 121-8]
The Construction Official or his agents may, upon affidavit, apply to the Judge of the Municipal Court for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this section exists on the premises, and if the Judge of the Municipal Court is satisfied as to the matter set forth in the affidavit, he shall authorize the inspection of that part of the premises on which the nuisance or violation may exist. A search warrant may also be applied for and obtained in connection with a regular program of inspection implemented in good faith by the municipal authority.
[1982 Code § 121-9]
Whenever the Construction Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or of any rule or regulation adopted pursuant thereto, he shall give written notice of the alleged violation to the person responsible. The notice shall include a statement of the reasons which it is being issued and shall allow a reasonable time for the performance of any act it requires. It shall be served upon the owner or his agent or upon the occupant, as the case may require; provided that notice shall be deemed to be properly served upon the owner, agent or occupant if a copy is served upon him personally, or if a copy is sent by certified mail to his last known address, or if a copy is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with the notice by any other method authorized or required under the law of this State. The notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with the rules and regulations adopted pursuant thereto.
[1982 Code § 121-10]
Any person affected by a notice which has been issued in connection with the enforcement of this section or of any rule or regulation adopted pursuant thereof may request and shall be granted a hearing before the Construction Official, provided he shall file in the office of the Construction Official a written petition requesting a hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice is served. Upon receipt of the petition, the Construction Official shall set a time and place for the hearing, which shall be not later than ten (10) days after the day on which the petition is filed, and shall give the petitioner written notice thereof, provided that upon application of the petitioner, the Construction Official may postpone the date of the hearing for a reasonable time beyond the ten (10) day period if in his judgment the petitioner has submitted a good and sufficient reason for the postponement. At the hearing the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. After the hearing the Construction Official shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this section and the rules and regulations adopted pursuant thereto have been complied with. If the Construction Official sustains or modifies the notice, it shall be deemed to be an order. A notice shall automatically become an order if a written petition for a hearing is not filed in the office of the Construction Official within ten (10) days after the notice is served. The proceedings at the hearing, including the findings and the decision of the Construction Official, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Construction Official. The record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Construction Official may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State. Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, the order shall be effective immediately. Any person to whom an order is directed shall comply therewith immediately, but upon petition to the Construction Official, shall be afforded a hearing as soon as possible. After the hearing, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Construction Official shall continue such order in effect, modify it or revoke it.
[1982 Code § 121-11]
The Construction Official is authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section. In addition, he shall have the power:
To investigate dwelling conditions in the Borough in order to determine which dwellings are unfit for human habitation.
To administer oaths, affirmations, examine witnesses and receive evidence.
To enter upon premises for the purpose of making examinations, provided that entry shall be made so as to cause the least possible inconvenience to the persons in possession.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this section.
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[1982 Code § 121-12]
No person shall occupy as owner or occupant, or rent to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code, which is the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[1982 Code § 120-1]
Every hotel, as defined in N.J.S.A. 55:13A-3(j), and every multiple dwelling, as defined in N.J.S.A. 55:13A-3(k), located in the Borough of Little Ferry shall be maintained in accordance with the standards and requirements set forth in Chapter 10 of Title 5 of the New Jersey Administrative Code, including all subsequent revisions of Chapter 10.
[1982 Code § 120-2]
This section shall be enforced by the Construction Official of the Borough of Little Ferry.
[1982 Code § 120-3]
Pursuant to N.J.S.A. 40:49-5.1, three (3) copies of Chapter 10 of Title 5 of the New Jersey Administrative Code shall be placed on file in the office of the Borough Clerk upon introduction of this section and will remain there for the use and examination of the public.
[1982 Code § 120-4]
Any person who shall fail to maintain any hotel or multiple dwelling in the manner required by this section shall be liable to the penalty stated in Chapter 1, Section 1-5 for each violation. Each violation of a maintenance requirement or standard set forth in Chapter 10 of Title 5 of the New Jersey Administrative Code shall be deemed a separate violation. Each day any such violation continues after the expiration of any time period allowed for the abatement of a violation shall be deemed a separate violation.
[1982 Code § 119A-1]
As used in this section:
- BUSINESS OF CONDUCTING A MOTEL OR HOTEL
- Shall mean the renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping or housing accommodations, for a consideration, to tourists, transients or travelers in any building or structure or group of buildings or structures devoted exclusively or primarily to the business, commonly known as "motels," "motor lodges," "motor courts" or "hotels," whether meals are served therein or not.
- HOTEL AND MOTEL
- Shall mean any building kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to permanent or transient guests, in which ten (10) or more rooms on the premises are rented, furnished or unfurnished, including any rooms found to be arranged for sleeping purposes, with or without meals, for the accommodation of such guests, or every building or part thereof which is rented for hire to twenty-five (25) or more persons for sleeping accommodations. This definition shall not be construed to include any building or structure defined as a multiple dwelling in N.J.S.A. 55:13A-3 and registered as a multiple dwelling with the Commissioner of Community Affairs and occupied or intended to be occupied as such.
- HOUSING OR LODGING UNIT
- Shall mean any room, cabin or quarters, whether or not physically attached or connected to any other building or structure used for sleeping or housing accommodations in the business of conducting a motel or hotel.
- Shall mean the holder of the license to conduct such hotel or motel business.
- OWNER OR OPERATOR
- Shall mean the owner, manager, tenant or any person owning or in charge of the motel or hotel or tourist lodge, and shall include natural persons, firms or corporations.
[1982 Code § 119A-2A]
The sleeping accommodations of a hotel, motel or inn shall be rented only for the use of transient occupants and shall not be used or occupied under any permanent basis, and no such occupant shall be deemed to be a resident therein. No motel or rental space therein shall be occupied by the same guest or guests for a consecutive period exceeding thirty (30) days.
Irrespective of the number of units or rooms of a hotel, motel, or inn, each licensee shall, at all times, maintain on the licensed premises a register consisting of consecutively numbered cards or consecutively numbered spaces in a numbered book, which shall constitute the register of the licensed premises.
[1982 Code § 119A-2B]
No person shall occupy and no licensee shall permit any person to occupy any housing or lodging unit on the licensed premises unless each person or the head of the party who is to occupy such housing unit shall first:
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register two (2) forms of written evidence of his identity and residence. The person shall also display to the licensee or a duly authorized agent or employee of the licensee in charge of the register a vehicle registration card which shall bear the identical license plate number of the vehicle which the guest is driving.
Write in the register immediately following the latest registration, in ink and in his own handwriting, his full and true name and address and the name and address of each person to occupy the unit and, in the case of the operator of the motor vehicle or a member of his party who has arrived at the hotel or motel in a motor vehicle, the State license or registration number of the motor vehicle conveying him to the licensed premises. If the registrant does not write in the register the information herein required as to the motor vehicle, it shall be the duty of the licensee or his duly authorized employee to write in the information.
In addition to the foregoing information, the licensee shall cause to be written in the register, in ink, the number or name of the unit assigned to each registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to paragraph a above, the signature of the person taking or accepting the registration and the date when the occupant or occupants of each housing or lodging unit quit and surrender the same.
[1982 Code § 119A-2C]
The register shall be kept and preserved by the licensee for three (3) years and shall be available, upon request, at any hour of the day or night to any Police Officer or law enforcement officer of the Borough.
[1982 Code § 119A-3]
It shall be the duty of the Police Department to inspect the licensed premises at any hour of the day or night to determine that the provisions of this section are being complied with.
[Ord. No. 1305-15-10; Ord. No. 1353-08-12]
The purpose of this section is to establish regulations of illegal dwelling units and the relocation of displaced persons resulting from the vacation by a tenant from an illegal dwelling unit within the Borough of Little Ferry (the "Borough").
[1983 Code § 176-1; Ord. No. 1305-15-10; Ord. No. 1353-08-12]
As used in this section:
- APARTMENT OR UNIT
- Shall mean that portion of the dwelling rented or offered for rent for living and dwelling purposes, together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.
- Shall mean the required displacement from an apartment or unit as the result of the enforcement of this section and other applicable laws and regulations.
- ILLEGAL APARTMENT OR DWELLING UNIT
- Shall mean any apartment or unit to which N.J.S.A. 2A:18-61.1 is applicable and:
- a. For which no certificate of occupancy or certificate of continuing occupancy has been issued; or
- b. Which would exceed the number of units permitted under the Zoning Ordinance or any approvals granted by a land use agency of the Borough; or
- c. Which fails to meet the requirements of any regulation affecting the health, safety and welfare of the general public; or
- d. Which fails to satisfy the requirements of the Multiple Dwelling Law or any other statute, or ordinance or regulation governing multiple dwellings; or
- e. Which the owner has permitted occupancy thereof without obtaining required plumbing, electrical and building permits; or
- f. Any other apartment or unit deemed by the Construction Code Official or a program of law enforcement or any governmental agency or by judicial decree to be in violation of any State, County or Borough regulations.
- OWNER OR LANDLORD
- Shall mean the holder or holders of the title to the premises in fee simple or having charge, care or control of the premises, as owner or agent of the owner or as executor, administrator, trustee, receiver or guardian of the estate or mortgagee in possession, regardless of how such possession was obtained.
- RELOCATE/RELOCATION, DISPLACE/DISPLACEMENT, AND VACATE/VACATION
- Shall all refer to the cessation of a tenancy, either voluntarily or compulsory, due to housing, zoning, construction, or building code violations, a program of law enforcement, or for related reasons.
- Shall mean any person residing with the consent or constructive knowledge of the owner in an illegal apartment or dwelling unit.
[Ord. No. 1305-15-10; Ord. No. 1353-08-12]
Establishment and Purpose. There is hereby established in the Borough of Little Ferry a Relocation Assistance Committee (hereinafter, "the Committee") to advise and assist the Mayor and Council with the administration and enforcement of this section, and with the provisions of the Relocation Assistance Law of 1967, N.J.S.A. 52:31B-1 et seq. (hereinafter "the law"), the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. (hereinafter "the act"), the Anti-Eviction Law, N.J.S.A. 2A:18-61.1 et seq., and the regulations promulgated thereunder, N.J.A.C. 5:11-1.1 et seq. (hereinafter "the regulations"), in order to ensure the uniform, fair and equitable treatment of displaced persons. The Committee shall be responsible for creating a relocation assistance advisory program to assist displaced tenant performing all record keeping required under N.J.A.C. 5:11.1.1 et seq., assuring owner-landlords' timely submission of the Workable Relocation Assistance Plan to the Department of Community Affairs, and approval of same, and assuring the payment of relocation expenses and collection thereof from owners-landlords.
Membership. The Committee shall consist of five (5) members. The members shall be nominated by the Mayor, and appointed by a majority of the full membership of the Council. The membership of the Committee shall consist of the following:
Four (4) members who shall be officers and/or employees of the Borough, and shall include the following: the Construction Code Official and the Borough's Building Inspector. These members shall be compensated pursuant to Borough ordinance, funding for which shall result from surplus fees received under the Uniform Construction Code;
One (1) member shall be a member of the general public, who shall not be compensated.
Officers. The Chairperson of the Committee shall be the Construction Code Official of the Borough. A Secretary shall be appointed from the membership of the Committee at its annual reorganization meeting, which shall be in January of each year.
Term. The term of office for members shall be one (1) year, which shall commence in January of each year.
Annual Report. The Committee shall prepare and file a report in or about January of each year with the Borough Clerk who shall provide the same to the Mayor and Council. The report shall include a summary of actions, cases handled, and decisions or recommendations made during the prior year.
Bylaws. The Committee shall adopt bylaws governing the administration and operation of the Committee at its annual reorganization meeting.
[1982 Code § 176-2.1; Ord. No. 1305-15-10; Ord. No. 1353-08-12]
No owner of real property shall rent an illegal dwelling unit or apartment in the Borough, or permit same to be occupied by any tenant(s) or any other person(s).
[Ord. No. 1305-15-10]
Any owner of real property who, in violation of law or ordinance, rents an apartment or unit or permits same to be occupied, shall be required to prepare a Workable Relocation Assistance Plan in accordance with N.J.A.C. 5:11-6.1, and make timely submission and assure timely approval of same prior to the displacement of any tenant.
[1982 Code § 176-2; Ord. No. 1305-15-10; Ord. No. 1353-08-12]
In the case of displacement of any person(s) by enforcement activity for an illegal occupancy as set forth in Paragraph (3) of Subsection g of Section 2 of N.J.S.A. 2A:18-61.1, against any owner of real property who, in violation of law or ordinance, illegally rents an apartment or unit or permits same to be occupied, the owner shall pay to the Borough all relocation costs incurred pursuant to N.J.S.A. 2A:18-61.1g, said payment to be made in the manner specified by N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2. Relocation costs shall be paid per apartment or dwelling unit and apportioned among the inhabitants therein. Individual tenants of a single-dwelling unit shall not be entitled to individual payments of the total relocation costs attributable to all dwelling units in the entire structure. Prior to payment of relocation costs, the payee shall certify, upon such form provided by or acceptable to the Borough, the monthly rental amount of the dwelling unit, and shall further certify that to the best of the payee's knowledge relocation benefits attributable to that dwelling unit have not been previously paid by the owner or its agent.
Any tenant who receives a notice of eviction pursuant to Section 3 of N.J.S.A. 2A:18-61.2 that results from a zoning or code enforcement activity for an illegal occupancy, as set forth in Paragraph 3 of Subsection (g) of N.J.S.A. 2A:18-61.1, shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six (6) times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section. Such relocation assistance shall be paid by the Borough to the tenant immediately upon presentation to the Borough of a true and correct copy of the judgment for possession, warrant of removal, or other proof of eviction. Thereafter, the Borough shall be reimbursed by the owner-landlord for any such monies paid pursuant to this section.
Nothing contained herein shall in any way be deemed to be an abridgement or modification of any rights or liabilities afforded or imposed by other statutes providing for relocation assistance including, but not limited to, N.J.S.A. 20:4-4.1, N.J.S.A. 52:31B-4 and/or other rights and liabilities contained in N.J.A.C. 5:11-2.1. Any such rights or liabilities embodied in those statutes and administrative regulations applicable to tenants, owners-landlords and municipalities shall be unaffected by the implementation of the within ordinance for any reimbursement for illegal apartments under N.J.S.A. 2A:18-61.1g.
In addition to any relocation assistance paid pursuant to paragraph a above, the owner-landlord found to have violated any zoning or housing code and having maintained an illegal occupancy shall pay a fine to the Borough in an amount equal to six (6) times the monthly rental paid by the displaced person as a penalty pursuant to N.J.S.A. 2A:18-61.1(g)(c).
In addition to any rent reimbursement or penalties paid pursuant to this section, an owner-landlord guilty of a second or subsequent violation for an illegal occupancy shall pay a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to "The Penalty Enforcement Law of 1999," N.J.S.A. 2A:58-10, et seq. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the Little Ferry School Board of Education. For the purpose of this section, a second or subsequent violation for an illegal occupancy shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a Zoning or Code Enforcement Official during the time period required for summary dispossession proceedings to conclude, if the owner has initiated eviction proceedings in a court of proper jurisdiction.
This section shall be construed in conjunction with all other applicable statutes, ordinances, and regulations.
[Ord. No. 1305-15-10; Ord. No. 1353-08-12]
In the event that the relocation costs to be paid to the Borough pursuant to subsection 14-4.6 hereof with regard to any parcel of real property shall not be paid within ten (10) days after the due date, interest shall accrue and be due to the Borough on the unpaid balance at the rate of eighteen (18%) percent per annum until the costs, and the interest thereof, shall be fully paid to the Borough.
[Ord. No. 1305-15-10; Ord. No. 1353-08-12]
In the event that any relocation costs to be paid to the Borough pursuant to subsection 14-4.6 of this Ordinance with regard to any parcel of real property shall not be paid within ten (10) days after the date due, the Borough may pursue all remedies available at law, including imposition of liens.
[1982 Code § 176-4; Ord. No. 1305-15-10; Ord. No. 1353-08-12]
The provisions of this section may be enforced by all members of the Borough Police Department and the following licensed officers of the Borough: the Fire Official, the Construction Code Official, the Code Enforcement Official and the Health Officer of the Borough of Little Ferry, who, if they communicate directly with any tenant who has limited English proficiency, shall do so through someone who is fluent in the tenant's language.
[1982 Code § 173-3; New; Ord. No. 1305-15-10]
Any person who violates this section shall be subject to a fine of one thousand ($1,000.00) dollars or a confinement of not more than ninety (90) days in jail, or both. For purposes of determining violations of this section, each and every day of continued rental or occupancy shall be deemed to be a separate and distinct violation.
In addition to all other provisions set forth herein and applicable statutes and regulation, the owner-landlord of the structure from which a displaced tenant is relocated shall be subject to additional fines for zoning or housing code violation for an illegal occupancy, up to an amount equal to six (6) times the monthly rental paid by the displaced person, to be paid to the Borough.
In addition to all other provisions set forth herein and applicable statutes and regulation, the owner-landlord of the structure from which a displaced tenant is relocated shall be subject to a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the Borough pursuant to The Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.
[Ord. No. 1305-15-10]
For a second or subsequent violation of an illegal occupancy, the Borough may impose a fine, in addition to any other fine or penalty within this section, equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to "the Penalty Enforcement Law of 1999," N.J.S.A. 2A:58-10 et seq. The Municipal Court and the Superior Court shall have jurisdiction, pursuant to N.J.S.A. 2a:18-61.1g(3.c.).