[Adopted 9-17-62 as Ord.
No. 585]
[Amended 2-6-67 by Ord. No. 629]
The Health Officer of the Borough of Somerville and the Building
Inspector of the Borough of Somerville and his assistants or deputies
or any one or all of them are hereby designated as the officers to
exercise the powers prescribed by this chapter, and they shall serve
in such capacity without any additional salary.
[Amended 8-5-68 by Ord. No. 659]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1), the New Jersey State Housing Code as approved by the Departments
of Health and Conservation and Economic Development and filed in the
Secretary of State's office is hereby accepted, adopted and established,
except for amendments thereof as hereinafter set forth, as a standard
to be used as a guide in determining whether dwellings in this municipality
are safe, sanitary and fit for human habitation and rental. A copy
of the New Jersey State Housing Code is annexed to this chapter and
three (3) copies of the same have been placed on file in the office
of the Borough Clerk and are available to all persons desiring to
use and examine the same.
The New Jersey State Housing Code is hereby amended as follows:
A. Section 8.2 is amended as follows:
[Amended 8-5-68 by Ord. No. 659]
8.2. Every space heater, except electrical, shall be properly
vented to a chimney or duct leading to outdoors. Unvented portable
space heaters burning solid, liquid or gaseous fuels shall be prohibited.
Kerosene space heaters or stoves, vented or unvented, shall be prohibited.
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The Health Officer is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the Borough of Somerville
in order that he may perform his duty of safeguarding the health and
safety of the occupants of dwellings and of the general public. For
the purpose of making such inspections the Health Officer is hereby
authorized to enter, examine and survey at all reasonable times all
dwellings, dwelling units, rooming units and premises. The owner or
occupant of every dwelling, dwelling unit and rooming unit, or the
person in charge thereof, shall give the Health Officer free access
to such dwelling, dwelling unit or rooming unit and its premises at
all reasonable times for the purpose of such inspection, examination
and survey, except that the owner, occupant or person in charge thereof
shall have the right to refuse such entry for a period not to exceed
twenty-four (24) hours. Every occupant of a dwelling or dwelling unit
shall give the owner thereof or his agent or employee access to any
part of such dwelling or dwelling unit and its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this chapter
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this chapter.
The Health Officer is hereby authorized and empowered to make
and adopt such written rules and regulations as he may deem necessary
for the proper enforcement of the provisions of this chapter; provided,
however, that such rules and regulations shall not be in conflict
with the provisions of this chapter nor in anywise alter, amend or
supersede any of the provisions thereof. The Health Officer shall
file a certified copy of all rules and regulations which he may adopt
in his office and in the office of the Clerk of the Borough of Somerville.
[Amended 5-15-72 by Ord. No. 716]
No person shall occupy as owner-occupant nor rent to another
for occupancy or allow a person to continue to occupy 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 established
hereby as the standard to be used in determining whether a dwelling
is safe, sanitary and fit for human habitation.
[Amended 5-15-78 by Ord.
No. 839A]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed five hundred dollars ($500) or by imprisonment
in the country jail for a period of not to exceed ninety (90) days,
or by both such fine and imprisonment, and each violation of any of
the provisions of this chapter and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
[Adopted 4-6-2015 by Ord. No. 2466]
As used in this section:
DWELLING UNIT
All or any part of a detached single-family structure or
building or multi-household structure or building in which any room
or rooms, or suite or apartment thereof, whether furnished or unfurnished,
which is occupied, or intended, arranged or designed to be occupied,
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof, or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy thereof.
HEARING OFFICER
A person designated to hear and determine proceedings under
this section.
LANDLORD
The person or persons who own or purport to own a building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, which building contains
no more than four dwelling units. In the case of a mobile home park,
"landlord" shall mean the owner of an individual dwelling unit within
the mobile home park.
QUALITY OF LIFE VIOLATION
Disorderly, indecent, tumultuous, or riotous conduct, including,
by way of example, but not limited to simple assault, terroristic
threats, harassment, public urination or defecation, lewdness, criminal
mischief, crimes against persons or property, excessive noise; or
violation of police regulations, housing or property maintenance violations
of the Ordinances of the Borough of Somerville. For purposes of this
section, "quality of life violation" shall refer to the conduct listed
here, which occurs on or in proximity to a rental premises and is
attributable to any of the tenants of those premises or their guests.
A quality of life violation shall be deemed to have occurred in proximity
to a rental premises if such quality of life violation occurred in
the adjacent public right-of-way or on any adjacent property.
RENTAL PREMISES
One or more dwelling units, which are occupied by persons
other than the owner, his co-inhabitants, or guests, under either
a written or oral lease.
SUBSTANTIATED COMPLAINT
A complaint which has been substantiated by prosecution and
conviction in any court of competent jurisdiction.
No landlord shall knowingly permit a tenant to remain in occupancy
of rental premises if that tenant, or that tenant's guests, commit
repeated quality of life violations on or in proximity to the rental
premises wherein such tenant resides.
If, in any twelve-month period, two substantiated complaints
of quality of life violations on or in proximity to rental premises
are attributable to any of the tenants of those premises or their
guests, the governing body, or any officer or employee of the municipality
designated by the governing body for the purpose, may institute the
following proceedings to hold the landlord responsible for future
quality of life violations.