[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:
a.
To investigate dwelling conditions in the Borough in order to determine
which dwellings are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
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.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purpose of this section.
e.
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:
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.
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.
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.
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]
a.
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.
b.
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:
a.
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.
b.
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.
c.
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:
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.
Shall mean any apartment or unit to which N.J.S.A. 2A:18-61.1
is applicable and:
For which no certificate of occupancy or certificate of continuing
occupancy has been issued; or
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
Which fails to meet the requirements of any regulation affecting
the health, safety and welfare of the general public; or
Which fails to satisfy the requirements of the Multiple Dwelling
Law or any other statute, or ordinance or regulation governing multiple
dwellings; or
Which the owner has permitted occupancy thereof without obtaining
required plumbing, electrical and building permits; or
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.
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.
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]
a.
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.
b.
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:
1.
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;
2.
One (1) member shall be a member of the general public, who shall
not be compensated.
c.
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.
d.
Term. The term of office for members shall be one (1) year, which
shall commence in January of each year.
e.
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.
f.
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]
a.
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.
b.
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.
c.
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.
d.
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).
e.
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.
f.
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]
a.
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.
b.
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.
c.
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.).
