[Ord. #716, S 2; Ord. #91-10, S 20]
Article I of this Chapter may be cited as "The Property Maintenance Code of the Borough of North Plainfield, Somerset County, New Jersey, 1980."
[Ord. #716, S 3]
The Property Maintenance Code of the Borough is hereby adopted
to read as follows.
[Ord. #716, S 1.01]
This Code is to protect the public health, safety and welfare
in all existing structures, residential and nonresidential and on
all existing premises as hereinafter provided by:
a.
Establishing minimum maintenance standards for all structures and
premises for basic equipment and facilities for light, ventilation,
heating and sanitation; for safety from fire; for space use and location;
and for safe and sanitary maintenance of all structures and premises
now in existence as well as maintenance of future structures.
b.
Fixing the responsibilities of owners, operators and occupants of
all structures.
c.
Providing for administration, enforcement and penalties.
[Ord. #716, S 1.02; Ord. #96-19, S 2]
Unless expressly provided to the contrary in this Code, the respective obligations and responsibilities of the owner, operator and occupant shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties. The owner shall be primarily responsible for complying with the provisions of this Chapter; however, nothing herein shall prevent the Public Officer or Code Enforcement Officer from issuing a notice pursuant to subsection 11-6.6 or a complaint pursuant to subsection 11-6.7 to the operator or occupant in addition to the owner. The owner shall be responsible for any failure of the operator or occupant to discharge a duty imposed upon the operator or occupant by this Code.
[Ord. #716, S 2.01; Ord. #96-19, S 3]
The exterior of the premises and all structures thereon shall
be kept free of all nuisances, and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises, and shall be
kept free of unsanitary conditions and any of the foregoing shall
be promptly removed and abated by the owner, operator or occupant.
It shall be the duty of the owner, operator or occupant to keep the
premises free of hazards which include but are not limited to refuse,
litter, trash, condition of natural growth, ground surface hazards,
accumulations of storm water and sources of infestation.
[Ord. #716, S 2.02; Ord. #96-19, S 4; Ord. #01-06; Ord. #01-16]
The exterior of the premises, the exterior of dwelling structures
and the condition of accessory structures shall be maintained so that
the appearance of the premises and all buildings thereon shall reflect
a level of maintenance in keeping with the standards of the neighborhood
or such higher standards as may be adopted by the Borough and such
that the appearance of the premises and structures shall not constitute
a blighting factor for adjoining property owners nor an element leading
to the progressive deterioration of the neighborhood with the accompanying
diminution of property values. The exterior of every structure shall
be kept painted and in good repair. Furniture of a type commonly kept
indoors including but not limited to lamps, upholstered sofas, loveseats
or recliners shall not be stored outside. Lawns, hedges and bushes
shall be kept trimmed and maintained. Except during the course of
repairs or alterations, no more than 1/2 of the square footage of
any single window or single window display area shall be devoted to
signs or other temporary advertising material attached to the window
or otherwise exposed to public view. All windows exposed to public
view shall be kept clean and free of marks or foreign substances except
when necessary in the course of changing displays. No storage of materials,
stock or inventory shall be permitted in windows display areas ordinarily
exposed to public view unless the areas are first screened from the
public view by drapes, venetian blinds, or other permanent rendering
of the windows opaque to the public view. All screening of interiors
shall be maintained in a clean and attractive manner and in a state
of good repair.
[Ord. #716, S 2.03]
Except as provided in other regulations, no 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 over-haul, including body work, in a residential
district. Excepted from the provisions of this Section shall be vehicles
stored or parked in a fully enclosed garage and work performed on
any vehicle within a fully enclosed garage, provided the work does
not produce noise in excess of that permitted by New Jersey law.
[Ord. #716, S 2.04]
Every dwelling and accessory structure and every part thereof
shall be kept structurally sound and in a state of good repair to
avoid safety, health, or fire hazards, including exterior walls, sidings
and roofs. Every dwelling should be maintained weathertight and watertight.
[Ord. #716, S 2.05]
Basements, cellars and crawl spaces are to be free of moisture
resulting from seepage, and cross ventilation shall be required where
necessary to prevent accumulations of moisture and dampness.
[Ord. #716, S 2.06]
Every door and window or other outside opening used for ventilation
purposes shall be supplied with approved screening, and every swinging
screen door shall have a self-closing device in good working condition,
except that screen doors shall not be required on nonresidential structures
or structures where the doors are required to swing out as required
in the Building Code.
[Ord. #716, S 2.07]
All parts of the structure shall be kept in a clean and sanitary
condition, free of nuisance and free from health, safety and fire
hazards.
[Ord. #716, S 2.08]
No accumulation or obstruction from garbage, refuse or rubbish
shall be permitted on common stairways, areaways, balconies, porches,
hallways, basements or cellars.
[Ord. #716, S 2.09]
Floors of every structure shall be structurally sound and maintained
in a clean and sanitary condition. Floors shall be considered to be
structurally sound when capable of safely bearing imposed loads and
shall be maintained at all times in a condition so as to be smooth,
clean, free from cracks, breaks and other hazards. Every toilet, bathroom
and kitchen floor surface shall be constructed and maintained so as
to be substantially impervious to water and so as to permit such floor
to be easily kept in a clean and sanitary condition. Cellar and basement
floors shall be paved with concrete, not less than four inches thick.
[Ord. #716, S 2.10]
Any premises upon which a building is located shall have permanently
displayed thereon the street number of the premises as designated
on the Tax Map of the Borough. The number shall be no less than three
inches in height, shall be of proportionate width, and shall be so
placed and maintained that there shall be no obstruction to a clear
view of the number from the street upon which the premises front.
[Ord. #716, S 2.11]
Floors, walls, including windows and doors, ceilings and other
interior surfaces shall be maintained in good, clean and sanitary
condition. Peeling paint, cracked or loose plaster, decayed wood and
other defective surface conditions shall be eliminated.
[Ord. #716, S 2.12]
Stairs and other exit facilities shall be adequate for safety
as provided in the Building Code.
[Ord. #716, S 2.13]
The operator and owner of every establishment producing garbage,
vegetable wastes or other putrescible materials shall provide and
at all times cause to be used adequately screened, leakproof, approved
containers with close-fitting covers, for the storage of such materials
until removed from the premises for disposal.
[Ord. #716, S 2.14]
The owner or operator shall have the duty and responsibility
of removing garbage.
[Ord. #716, S 2.15]
The water system shall be maintained in good and operable condition
at all times so that sufficient and positive pressure shall be available
at all installed hot and cold water faucets.
[Ord. #716, S 2.16]
Every kitchen sink, bathroom sink and basin, tub or shower,
as required under this Code shall be connected to both the hot and
cold water lines. There shall be sufficient and adequate equipment
maintained in good working condition to supply water at a minimum
temperature of one hundred twenty (120°) degrees Fahrenheit at
all times to each hot water outlet.
[Ord. #716, S 2.17]
Every bathroom required hereunder shall be provided with a flush
toilet, a shower or tub and a wash basin.
[Ord. #716, S 2.18]
All required plumbing facilities shall be maintained in a sanitary
condition, free of defect and in operating condition at all times.
Where the facility or plumbing fixture shall be clogged, overflow
or otherwise necessitate repair, such repairs shall be performed forthwith.
[Ord. #716, S 2.19]
Every dwelling unit shall contain a bathroom which shall be located entirely within that unit and which shall be completely enclosed, containing the facilities as set forth in subsection 11-4.18, in a room which affords privacy to the occupants thereof.
[Ord. #716, S 2.20]
Every dwelling unit shall contain properly maintained central
heating facilities of sufficient capacity to maintain a minimum inside
temperature of sixty-eight (68°) degrees Fahrenheit in all habitable
rooms, bathrooms and water closet compartments measurable thirty-six
(36") inches above the floor at the center of any such room or compartment
when the outside temperature is zero (0°) degrees Fahrenheit.
Where the facilities are found to be of inadequate size or capacity
to accomplish the foregoing, then the owner or operator shall at the
direction of the Public Officer/ Code Enforcement Officer, either
increase the capacity of the heating system or close off habitable
space so that the standard as established herein shall be met, provided
that such space can be removed as habitable space without creating
a violation of the standards established by this Code.
[Ord. #716, S 2.21]
Except as hereinafter stated, from October 1 to May 1 the interior
of every dwelling unit or rooming unit, bathroom and water closet
compartment shall be maintained at a minimum temperature of sixty-eight
(68°) degrees Fahrenheit. Except as hereinafter stated, from May
1 to October 1 every dwelling unit, rooming unit, bathroom and water
closet compartment shall be maintained at a temperature of sixty-eight
(68°) degrees Fahrenheit during the entire day whenever the outside
temperature falls below fifty- five (55°) degrees Fahrenheit.
The presence of heating outlets, radiators, risers or returns in any
hall or dwelling unit or rooming unit shall constitute a presumption
that the owner is to supply heat as required hereunder and in the
absence of clear and convincing proof to the contrary, this presumption
shall control.
[Ord. #716, S 2.22]
Notwithstanding a contract by the occupant to supply his own
heat as provided herein, where the heating unit is installed by or
owned by the owner or operator, then the duty to maintain the same
in operable and functioning condition as provided herein shall remain
the duty of the owner or operator.
[Ord. #716, S 2.23]
Where it is found, in the opinion of the Code Official, that
the electrical system in a structure constitutes a hazard to the occupants
or the structure by reason of inadequate service, improper fusing,
insufficient outlets, improper wiring or installation, deterioration
or damage, or for similar reasons, he shall require the defects to
be corrected to eliminate the hazard.
[Ord. #716, S 2.24]
Where there is electric service available to a structure, every
habitable room of a dwelling unit, and every guest room, shall contain
at least two separate and remote outlets, one of which may be a ceiling
or wall-type electric light fixture. In a kitchen, three separate
and remote wall-type electric convenience outlets or two such convenience
outlets and one ceiling or wall-type electric light fixture shall
be provided. Every public hall, water closet compartment, bathroom,
laundry room or furnace room shall contain at least one electric light
fixture. In addition to the electric light fixture in every bathroom
and laundry room, there shall be provided at least one electric outlet.
[Ord. #716, S 2.25]
Lighting of hallways, stairways, landings, and other spaces used by occupants in common as a normal means of passage shall be sufficient to provide at least five foot-candles (5 lumens) measured in the darkest portion. Light switches for stairs and hallways shall be readily accessible to occupants using the same and so located as to comply with subsection 11-4.12. Every cellar, basement, work space and other part of the structure used occasionally and incidentally by the occupants shall be provided with artificial lighting available at all times so that there shall be at least three foot-candles (3 lumens) measured in the darkest portion trafficked by occupants.
[Ord. #716, S 2.26]
No owner, operator, or occupant shall cause any service, facility
equipment, or utility, which is required to be supplied by the provisions
of this Code, to be removed from or discontinued for an occupied dwelling
unit or rooming unit, except for necessary repairs, alterations, or
emergencies, or for such other reason as may be permitted pursuant
to those sections of the Borough ordinance applicable to such service,
facility, equipment or utility.
[Ord. #716, S 2.27]
Where utilities and facilities, meaning for the purposes of
this Section gas, oil, electricity and sewers, water and heating systems,
are not supplied directly and independently through the use of separate
meters, tanks and piping to each individual dwelling unit in a building
or structure, the landlord or owner is responsible for supplying same.
[Ord. #716, S 2.28]
Every dwelling unit shall contain a minimum superficial floor
area of 150 square feet for the initial occupant, plus 100 square
feet for each occupant thereafter, except that for the purposes of
this Section, children under one year of age shall not be counted
as occupants. At least 50% of the minimum superficial floor area shall
have a minimum height of seven (7') feet.
[Ord. #716, S 2.29]
Every room utilized for sleeping purposes shall have a minimum
superficial area of 70 square feet for the initial occupant and 50
square feet of additional superficial floor area for each additional
occupant, except that children under one year of age shall not be
counted as occupants for the purposes of this Section. Independent
rooming units shall be rented for occupancy or occupied by adults
and emancipated minors only, limited to a total occupancy by two persons.
[Ord. #716, S 2.30]
Use of a cellar for sleeping purposes is hereby prohibited.
Basements may be utilized for human habitation provided that:
a.
There be sufficient light and ventilation as more particularly required by subsection 11-4.31 and that natural light and ventilation are not restricted by reason of walls or other obstructions located within six (6') feet of any window required pursuant to this Section.
b.
All furnaces or other heating facilities be so located, insulated
and separated from living areas by fireproof partitions or walls necessary
pursuant to regulations of the Fire Department so that the same do
not constitute an undue hazard to the safety and health of the occupants.
c.
The dwelling units and all walls and floors thereof be free of visible
moisture and seepage at all times.
[Ord. #716, S 2.31]
Every habitable room shall have at least one window or skylight
facing directly to the outdoors. The minimum aggregate window or skylight
area available to unobstructed light shall not be less than 8% of
the floor area of such rooms. The window or skylight shall either
open to 45% of the required area or be supplied with a mechanical
ventilation system of sufficient capacity provided with proper openings
for incoming or outgoing air to assure comparable ventilation. Openings
for ventilation as required herein shall include windows, skylights,
louvers, monitors or other openings provided all such openings are
easily operative by the occupants. Every bathroom and water closet
compartment shall be adequately lighted and ventilated by natural
or mechanical means.
[Ord. #716, S 2.32]
Every dwelling unit shall have a bathroom, containing a toilet,
wash basin, bathtub or shower; shall be equipped with private kitchen
facilities; and shall comply with such other requirements as are set
forth elsewhere in this Code. Where there are more than eight occupants,
the unit shall have two bathrooms. Each dwelling unit or rooming unit
shall contain at least one closet for each bedroom located within
the dwelling unit. Every kitchen shall contain adequate storage facilities
for dishes and utensils.
[Ord. #716, S 2.33]
No cooking shall be permitted in any dwelling unit unless there
be minimum sanitary facilities, which facilities shall include:
a.
Kitchen sink or nonabsorbent impervious material, and drain board
of appropriate materials, said sink to be connected to the hot and
cold water lines;
b.
A waterproof washable container for garbage disposal equipped with
a lid or cover to prevent infestation;
c.
Appropriate facilities for storage of food and either gas or electric
refrigeration;
d.
Means of ventilation sufficient to remove cooking odors to exterior
of premises;
[Ord. #716, S 2.34]
Cooking facilities serving more than one dwelling unit or independent
rooming unit or combination thereof shall not be permitted.
[Ord. #716, S 2.35]
Independent rooming units shall, except in single-family dwellings, have a door opening directly into a common hallway or areaway. Any independent rooming unit located in the basement or at ground level of a dwelling shall be provided with a second means of egress with the same requirements as provided in subsection 11-4.30. Where there is an independent rooming unit located above the first story, a common hallway or area way shall have two means of egress remote from each other and conforming to the requirements of the Building Code.
[Ord. #716, S 3.01]
Every tenant shall be responsible for damage to any interior part of the premises whether caused accidentally or otherwise. The Public Officer/Code Enforcement Officer may serve a written notice upon a tenant in accordance with subsection 11-6.6 of this Code, requiring correction of any damage and failure to make such correction or repair shall subject the occupant to penalties prescribed by this Code.
[Ord. #716, S 3.02]
No occupant shall cause excessive discoloration of any part
of the premises by improper use of heating or cooking equipment.
[Ord. #716, S 3.03]
Every occupant or operator shall maintain all plumbing fixtures
used by him in a clean and sanitary condition and he shall not deposit
any material in any fixture or sewer system which would result in
stoppage of or damage to the fixtures or sewer system.
[Ord. #716, S 3.04]
No occupant shall cook in any dwelling unit except where all the required sanitary facilities are installed as required under subsection 11-4.33.
[Ord. #716, S 3.05]
Any adult member of the family shall be responsible for and
liable for any violation of the stated subsection caused by minors
using or visiting the dwelling unit if the violations were created
or permitted to continue with the knowledge or acquiescence or consent
of the adult member.
[Ord. #716, S 4.01; Ord. #01-05, S 1; amended 9-12-2022 by Ord. No. 22-07]
The person charged with the responsibility of enforcement of this Code shall also be known as the Property Maintenance Officer, Public Officer or Code Enforcement Officer or their respective designees. This Officer, under the direction of the Department of Administration, shall have authority as necessary in the interest of the public health, safety and general welfare, to implement the provisions of the Borough Code, including, but not limited to Borough Code § 2-16.1, et seq., Borough Code § 11-1.1, et seq. Borough Code § 14-1.1, et seq. and Borough Code § 26-1.1, et seq.
[Ord. #716, S 4.02; Ord. #01-05, S 2]
All buildings and premises subject to this Code are subject to inspections by the Public Officer or Code Enforcement Officer of the Borough. At the time of such inspections, all rooms in the building and all parts of the premises must be available and accessible for such inspections and the owner, operator and occupant are required to provide the necessary arrangements to facilitate inspections. All such inspections undertaken pursuant to this Chapter 11 shall be subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Public Officer or Code Enforcement Officer shall pursue recourse as provided by law, including obtaining a search warrant. Inspections shall be made between 8:30 a.m. and 4:30 p.m. prevailing time, unless one of the following conditions exists:
a.
The premises are not available during the foregoing hours for inspections;
or,
b.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and detected by inspections during other
than the prescribed hours or which require immediate inspection after
being reported, such as failure to supply heat; or,
c.
There is reason to believe a violation exists of a character that
is an immediate threat to health or safety requiring inspection and
abatement without delay.
[Ord. #716, S 4.03]
Inspectors shall be supplied with official identification and
upon request shall exhibit such identification when entering any dwelling
unit, rooming unit, or any part of any premises subject to this Code.
Inspectors shall conduct themselves so as to avoid intentional embarrassment
or inconvenience to occupants.
[Ord. #716, S 4.04; Ord. #96-19, S 5; Ord. # 01-05, S 3]
Where the Public Officer or Code Enforcement Officer is refused entry or access or is otherwise impeded or prevented by the owner, operator or occupant from conducting an inspection of the premises as permitted under and pursuant to the terms of this Chapter 11, such person shall be in violation of this Code.
[Ord. #716, S 4.05; Ord. #01-05, S 4]
Where entry is refused, the Public Officer/Code Enforcement
Officer, may upon affidavit, apply to the Municipal Court Judge of
the Borough 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 Code exists on the premises,
and if the Judge is satisfied as to the matter set forth in the affidavit,
he shall authorize the issuance of a search warrant permitting access
to and inspection of that part of the premises on which the nuisance
or violation exists. Warrant for access may be issued by the Judge
upon affidavit of the Public Officer/Code Enforcement Officer, establishing
grounds therefore.
[Ord. #716, S 4.06; Ord. #01-05, S 5]
Where a violation of this Code or the regulations hereunder
is found to exist, a written notice from the Public Officer/Code Enforcement
Officer shall be served on the person or persons responsible for the
correction thereof.
[Ord. #716, S 4.07; Ord #92-02, S 1]
The notice shall specify the violation(s), what must be done to correct same, a reasonable period of time not to exceed 30 days to correct or abate the violation(s) unless extenuating circumstances warrant otherwise, the right of the person served to request a hearing, and that the notice shall become an order of the Public Officer/Code Enforcement Officer three days after service unless a hearing is requested pursuant to subsection 11-6.9.
[Ord. #716, S 4.08; Ord. #92-02, S 1]
Notice may be served personally, by prepaid telegram, by posting
on the premises, or by mail with postage prepaid, addressed to the
last known address of the person to be served. In the case of an occupant,
notice may be posted upon the door of his dwelling or rooming unit.
When it is ascertained that the owner does not reside on the premises,
the "last known address" shall be the address of the owner as shown
in the office of the Tax Collector. If the last known address cannot
be ascertained, the notice may be posted on the outside front entrance
of the building. The Public Officer/Code Enforcement Officer shall
provide notice at any address other than the last known address provided
hereunder to any such owner, operator or occupant if such other address
has theretofore been filed with the Public Officer/Code Enforcement
Officer, personally, or by certified mail addressed to the Public
Officer/Code Enforcement Officer. Service upon an owner, operator
or occupant may also be attained by service of any notice upon a member
of the family of the owner, operator or occupant. When service is
by mail, the date of service of the notice shall be fixed as the day
following the day of mailing for notice to addresses within the Borough,
and as the second day after the day of mailing for notice to addresses
outside the Borough. When the day of service falls upon a Sunday or
other day when mail is not ordinarily delivered, the day of service
shall be fixed as the next regular delivery day. Posting of notice
on the property shall not be utilized as the sole form of notice except
when there is no other means of providing notice.
[Ord. #716, S 4.09; Ord. #92-02, S 1]
Within three days of the date of service of a notice, the notice
shall constitute a final order unless any person affected by the notice
requests a hearing thereon and serves a written request within the
three day period, in person or by mail, on the Public Officer/Code
Enforcement Officer and Administrator. Such request for a hearing
shall concisely set forth the grounds or reasons on which the request
for a hearing is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The Administrator,
upon receipt of the request, shall, prior to the notice becoming an
order and upon three days' notice to the party aggrieved, set the
matter down for hearing. The hearing shall be held before the Administrator.
[Ord. #716, S 4.10]
At any hearing provided hereunder the Administrator shall be
vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records, or other
documents at any such hearing which may be pertinent to matters to
be determined by him and to enforce any such subpoena as provided
by law. Determination by the Administrator shall be made within 10
days from the completion of the hearing. The Administrator shall issue
an order either incorporating the determinations and directions contained
in the notice, modifying the same or withdrawing the notice.
[Ord. #716, S 4.11; Ord. #01-05, S 6]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life or limb
or the welfare and well-being of the citizens of North Plainfield
unless abated without delay, the Public Officer/Code Enforcement Officer
may order the owner, operator or occupant to correct the violation
or condition within a period of time not to exceed three days.
[Ord. #716, S 4.12]
Where the abatement of any nuisance as defined herein, correction
of a defect in the premises or bringing the premises into compliance
with the requirements of any municipal ordinance or State law applicable
thereto requires expending Borough monies therefor, the Public Officer/Code
Enforcement Officer shall present a report of work done to accomplish
the foregoing to the Director of Public Works along with a summary
of the proceedings undertaken by the Public Officer/Code Enforcement
Officer to secure compliance. The Director shall report to the Council
of such action and request a lien be placed on the affected premises.
After review of the same, the Borough Council may approve the premises
and costs whereupon the same shall become a lien against the premises
collectible as provided by law. A copy of the resolution approving
the expenses and costs shall be certified by the Borough Council and
filed with the Tax Collector of the Borough who shall be responsible
for the collection thereof.
[Ord. # 716, S 4.13]
Where there exists a violation of occupancy standards hereunder,
an owner or operator, upon receipt of a notice of a violation, if
unable to eliminate the violation by peaceable means within the period
of time specified in the notice, shall commence within such period
legal action to dispossess, evict or eject the occupants who cause
the violation. No further action hereunder shall then be taken against
the owner or operator as long as the action aforesaid is pending in
the court and is prosecuted expeditiously and in good faith.
[Ord. #716, S 4.14; Ord. #96-19, S 6; Ord. #01-05, S 7]
Where the Public Officer or Code Enforcement Officer shall determine
that there was a violation and a notice was served upon the owner,
operator or occupant whether or not the violation was abated prior
to the issuance of an order, if thereafter within the space of two
years there shall be a second violation by the same owner, operator
or occupant of the same provision of this Code discovered on the same
premises, the offender may be prosecuted on the second violation without
the Public Officer or Code Enforcement Officer first giving notice
and opportunity for a hearing to the owner, operator or occupant by
the filing of a complaint by the Public Officer or Code Enforcement
Officer in the Municipal Court. Where the Public Officer or Code Enforcement
Officer has on two different occasions found violations by the same
owner, operator or occupant on the same premises and has issued notices
on each, upon discovering a third or subsequent violation by the same
owner, operator or occupant on the same premises within the space
of two years, whether of the same sections or subsections or of any
other sections of this Code, he may thereupon prosecute the offender
by filing a complaint in the Municipal Court for the third or subsequent
violation occurring within the period of two years without first providing
notice and opportunity for a hearing by the Administrator.
[Ord. #716, S 4.15]
For the purposes of enforcement of this Code, the service of
a notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until the
violations are abated in conformity with this Code and the other applicable
ordinances of the Borough.
[Ord. #716, S 4.16]
Where the owner, operator or lessor of any structure containing
two or more dwelling units, or rooming units which is let or rented
to another in whole or in part violates this Code or any other municipal
ordinance pertaining to the structure or fails to abate any violation
of this Code, or violates an order of the Public Officer/Code Enforcement
Officer, upon resolution duly approved by the Borough Council, the
Public Officer/Code Enforcement Officer may commence an action in
the Superior Court seeking appointment of the Public Officer/Code
Enforcement Officer as Receiver ex officio of the rents and income
from the property. The rents and income shall be collected by the
Receiver and shall be expended and allotted to:
a.
Secure compliance with the regulations of the Borough and laws of
the State as set forth in the order of the Public Officer/Code Enforcement
Officer; and
b.
Be utilized to defray such costs and expenses of the receivership
as may be adjudged by the Superior Court; and
c.
Be applied towards payment to the Borough of any fines or penalties
with costs which may have been imposed on the owner, operator or lessor
for violation of the ordinances of the Borough and which have remained
unpaid.
[Ord. #716, S 4.17; Ord. #96-19, S 7]
a.
Fines. A violation of any section or subsection of this Code shall
be subject to the penalty provisions of N.P.G.R.O. 1-5 for each violation
committed here-under. Each violation of a section or subsection of
this Code shall constitute a separate and distinct violation independent
of any other section or subsection. Each day's failure to comply with
any such section or sub-section shall constitute a separate violation.
In establishing the penalty to be imposed, the Judge of the Municipal
Court shall consider whether the owner, operator or occupant so charged
has been convicted of a violation of this Code within the prior two
years.
b.
Penalties in Addition. Where an owner, operator or occupant has been
convicted of a violation of this Code and within 12 months thereafter
has been found by the Judge of the Municipal Court to be guilty of
a second violation of this Code, the Court may, if it finds that the
second offense was willful and inexcusable, sentence the offender
in addition to or in lieu of the fine set forth in the above paragraph
a to imprisonment in the County Jail for a period of time not to exceed
90 days.
c.
Liability of Officers and Agents. Where the defendant is other than
a natural person, the above two paragraphs shall also apply to any
agent, superintendent, officer, member or partner who shall alone
or with others have charge, care or control of the premises.
[Ord. #716, S 4.18]
The Public Officer/Code Enforcement Officer is hereby authorized
and empowered to promulgate such written rules and regulations as
may be necessary for the proper interpretation and administration
of the provisions of this Code, provided that such rules and regulations
do not conflict with this Code and conform to the general standards
prescribed by this Code. The Public Officer/Code Enforcement Officer
shall file copies of such rules and regulations with the Borough Clerk
and shall make available in the Public Officer/Code Enforcement Officer's
office a copy for inspection by the members of the public during regular
business hours.
[Ord. #716, S 4.19]
The Public Officer/Code Enforcement Officer shall have the power
to withhold strict enforcement of the requirements of this Code upon
written application therefor by an owner, operator or occupant, after
making determination that:
a.
Any variation or modification of structure or use approved by the
Public Officer/Code Enforcement Officer will not in any material way
alter the standards of this Code and cannot affect detrimentally the
health or safety of occupants or owners of adjacent premises or of
the neighborhood; and
b.
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any
benefit to health, safety or welfare that might be derived therefrom;
and
c.
The owner, operator or occupant is without any practical or reasonable
means to comply with the strict provisions of this Code.
Upon denial of any such application, the owner, operator or occupant may request a hearing which shall be held in accordance with provisions of subsection 11-6.9. Such application shall not constitute a defense of any violation of this Code concerning which any proceedings are pending in the Municipal Court when the application is filed nor shall any variance or modification allowed hereunder constitute a vested right against any ordinance enacted hereinafter by the Borough Council compelling strict enforcement of any provisions of this Code.
[Ord. #716, S 4.20]
Whenever an owner, operator or occupant, prospective purchaser,
mortgagee or prospective occupant shall apply to the Public Officer/Code
Enforcement Officer for an inspection in order to ascertain if any
section of this Code has been violated, the Public Officer/Code Enforcement
Officer shall, upon payment of the fee hereunder stated, cause an
inspection to be made of the premises and issue an informational certificate
or report of the inspection to the applicant, indicating therein any
violations of this Code on the premises. The applicant for inspection
shall state in writing his full name, residence and the reasons and
basis for which the inspection is requested. The Public Officer/Code
Enforcement Officer may deny the application for failure to comply
with this requirement. The fee for any inspection made under this
subsection shall be $10 for single-family dwellings and $5 additional
for each unit and $10 for each reinspection subsequent to the first
inspection.
[Ord. #716, S 4.21]
Any person who sells or conveys any dwelling or dwelling unit in the Borough shall include, as part of the agreement of sale, a statement that there is or is not any outstanding notice or order, issued by the Public Officer/Code Enforcement Officer, citing violations of the provisions of this Section. Failure of a seller or conveyor to conform to the requirements of the above statement, even if with the consent of the purchaser or transferee, shall be in violation of this Section and subject to the penalties as set forth in subsection 11-6.17. Upon written request and payment of a fee as stipulated under subsection 11-6.20 by persons seeking compliance with this Section, the Public Officer/Code Enforcement Officer shall cause an inspection to be made and shall mail a report of such inspection to the person requesting it.
[Ord. #08-24, SS 1—12; amended 7-10-2023 by Ord. No. 23-09]
a.
DWELLING
DWELLING UNIT
OWNER
OWNER OCCUPIED
RENTAL UNIT
RESIDE
TENANT
Definitions.
Includes any building or structure rented or offered for
rent to one or more tenants or family units.
Includes that portion of a building or structure rented or
offered for rent to one or more tenants or family units.
Any person who owns any legally cognizable interest in any
building or structure, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited-liability
company.
The primary residential living unit of the owner.
Includes that portion of a dwelling, building or structure
rented or offered for rent, for living and dwelling purposes to individuals
or family units.
To live or dwell permanently or continuously for 10 or more
days; to occupy a place as one's domicile.
Those persons who have leased the unit from the owner regardless
of the type of tenancy under which they occupy the unit.
b.
Certificate Required. No person shall rent any dwelling unit unless
a rental certificate of occupancy (RCO) has been obtained from the
Zoning Officer or designee. It shall henceforth be unlawful for any
owner of real property to which this section is applicable to rent
or lease for occupancy any dwelling unit until a rental certificate
of occupancy has been obtained therefor from the Zoning Officer or
designee.
c.
Applications for Certificate.
1.
Commencing January 1, 2009, any owner or any agent acting on behalf
of any owner, intending to rent or lease any dwelling unit or actually
renting or leasing a dwelling unit, shall apply to the Zoning Officer
or his/her designee for an RCO.
2.
All applications for such RCO shall be accompanied by an inspection
fee of one hundred dollars ($100.00), shall be made in writing and
shall state:
(a)
The name, street address and working phone number of the owner
of the property, and the name, street address and working phone number
of the renting agent, if any. No post office box addresses will be
allowed to show the location of the owner and/or renting agent or
to serve as a mailing address for notice;
(b)
A description of the premises to be occupied, including the
street address thereof, and a designation of the portion or portions
of the premises or structures for which the specific application is
being made;
(c)
The name, age and gender of each and every tenant in each dwelling
unit, including children;
(d)
The number of persons who shall occupy any and all portions
of the premises; and
(e)
The number of bedrooms in the dwelling unit.
3.
Within ten (10) business days after the receipt of the payment of
the required inspection fee and the application form, the owner shall
afford the Zoning Officer or his/her designee the opportunity to inspect
the dwelling unit. Within ten (10) business days of the inspection,
the Zoning Officer or his/her designee shall issue or deny the RCO,
setting forth the reason(s) for such denial. Each separate dwelling
unit shall require a separate RCO (i.e., 20 rental units in a building
require 20 rental certificates of occupancy). "Business day" is defined
as Monday through Friday.
4.
If the RCO is denied, the owner shall pay a fee for reinspection
in the amount of fifty dollars ($50.00) per reinspection for each
RCO sought.
5.
All owners or renting agents applying for an RCO, as provided herein,
shall advise the Zoning Officer or his/her designee of a reasonable
time or times that the inspection may be made and have someone present
to assist and provide entry for the inspection purposes.
6.
After initial issuance of an RCO, the owner shall not be required
to apply for another RCO unless and until there is a change in tenancy.
The Zoning Officer or his/her designee shall reinspect the property
upon receipt of the application and the one hundred dollar ($100.00)
fee and prior to issuing a new RCO.
7.
If there is no change in tenancy, each year, on or before January
1, the owner shall submit a report to the Zoning Officer or his/her
designee, which shall be signed by the owner and notarized as to his/her
signature certifying that the rental information provided in the RCO
application remains accurate and correct. This annual report shall
also state that the owner may be subject to punishment for any misrepresentation
and/or falsification in the RCO application or the annual report.
No fee shall be required for submission of the annual report. An inspection
fee of one hundred dollars ($100.00) shall be required if the Zoning
Officer or his/her designee deems it necessary to inspect the premises.
d.
Standards for Issuance.
1.
If, after a general inspection of the dwelling unit, the Zoning Officer
or his/her designee determines that the dwelling unit is fit for human
habitation and complies with the Property Maintenance Code of the
Borough of North Plainfield, and all other applicable ordinances of
the Borough of North Plainfield and/or state law pertaining to building,
plumbing, electrical, health, safety, fire and other applicable building
standards, and that no violations of state law or Borough Code or
of the State Uniform Construction Code exist, the Zoning Officer or
his/her designee shall issue the RCO.
2.
If the Zoning Officer or his/her designee, as a result of the general inspection of the dwelling unit, finds any violation as set forth in Subsection d1 above, he shall notify the owner of the violation by way of written notice sent certified mail, return receipt requested and regular mail and/or by delivering the notice, with acknowledgement of receipt to the owner or his/her agent. The Zoning Officer shall allow the owner fourteen (14) calendar days to correct the violation. The notice shall identify the premises and specify the violations and any necessary remedial action. The notice shall state that the failure to correct the violations within the time specified shall constitute a violation of this subsection and may be punishable in accord with Chapter 1, § 1-5 of this Code and/or applicable state law.
3.
Upon notification that the violation has been corrected, the Zoning
Officer or his/her designee shall reinspect the premises, subject
to a fifty dollar ($50.00) reinspection fee. If the violation has
been remedied, the Zoning Officer shall issue the RCO.
4.
Any violation of federal, state and/or local laws, rules, regulations
and/or codes shall be grounds for the denial of an RCO.
e.
Smoke Detector and Carbon Monoxide Detector Required in All Residential
Buildings. No RCO shall be issued to a dwelling unit or any portion
thereof unless approved smoke detectors and carbon monoxide detectors
have been installed as required by applicable state statute and Borough
ordinances.
f.
Failure to Comply. The Zoning Officer or his/her designee shall have
the authority to issue any summons or complaint for any violation
of any ordinance, statute, law and/or regulation against the owner
and/or occupant of the residential building or portion thereof wherein
the violation(s) exists and such violations shall be subject to the
penalties provided herein.
g.
Illegal Units. In the event that, upon inspection by the Zoning Officer
or his/her designee, it is determined that the property is being utilized
as a multifamily dwelling in violation of the Borough Zoning Ordinance,
the following shall be required in order to satisfy the Zoning Officer
or his/her designee that said conditions have been abated:
1.
If separate and distinct utility services are installed at the premises
for the illegal units, these utility services must be removed to the
satisfaction of the Zoning Officer or his/her designee.
2.
The owner must execute a statement, sworn to under oath and notarized,
acknowledging that he/she is aware that the premises are to be used
in a manner which is consistent with all federal, state and local
laws, rules and regulations and that he/she shall be subject to fines
and other penalties in the event of future violations.
3.
Additional dwelling units, which include kitchens and bathrooms,
that were or have been installed by anyone in contravention of federal
state and/or local laws, rules and regulations must be removed to
the satisfaction of the Zoning Officer or his/her designee or brought
into compliance with such laws, rules and regulations to the satisfaction
of the Zoning Officer or his/her designee, or the applicable municipal
body if such approvals are necessary. The Zoning Officer or his/her
designee cannot give an approval where the Zoning Officer or his/her
designee lacks the jurisdiction to do so.
h.
Contents. RCOs issued pursuant to this subsection shall set forth
the maximum number of persons which may occupy the dwelling unit.
i.
Unlawful Occupancy. It shall be unlawful for the owner or any agent
acting on behalf of the owner to knowingly rent, lease, or otherwise
deliver up for occupancy any dwelling unit for which an RCO has been
issued, to persons in excess of the number(s) of persons permitted
by law to occupy the dwelling unit, as stated in the RCO. It shall
be unlawful for any tenant of a dwelling unit for which an RCO has
been issued to suffer or permit said dwelling unit(s) to be occupied
by persons in excess of the number permitted by law.
j.
Expiration. If a dwelling unit is not occupied within six months
of the issuance of an RCO, the RCO shall expire and a new RCO must
be obtained before occupancy.
k.
Exceptions. This section shall not apply to:
1.
Hotels, rooming houses or motels that are generally occupied by tenants
or guests for less than fourteen (14) successive calendar days;
2.
Dwelling units not intended for human habitation; and/or
3.
New construction for which inspection and a certificate of occupancy
is required by the Uniform Construction Code.
l.
Violations and Penalties. Any person convicted of a violation of this subsection shall be subject to the penalties authorized by Chapter 1, § 1-5 of this Code. Each separate violation shall be considered separate and distinct and subject to underlying penalties. Every day a situation remains in violation of this subsection shall also constitute a separate and distinct violation and subject to individual penalties.
[Ord. #716, S 5.01; Ord. #01-05, S 8]
a.
The Public Officer/Code Enforcement Officer, on his own, or upon
the filing of a petition by at least five residents charging that
a building is unfit for human habitation or use, shall make an inspection
of any building believed to be unfit for human habitation or use,
and shall make a preliminary finding in accordance with the standards
provided herein whether or not the premises are unfit for human habitation
or use, and if so he shall, except where paragraph b applies, thereupon
serve a notice upon the owner, operator and occupant advising all
such parties of the result of his inspection and the basis for his
determination and setting a date for a hearing not less than 10 nor
more than 30 days from the date of service of the last notice to be
served.
b.
Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb the Public Officer/Code Enforcement Officer may order the premises vacated within 72 hours. If the necessary repairs to eliminate violations noted in subsection 11-7.2 are completed within the 72 hour time period the Public Officer/Code Enforcement Officer shall remove the order to vacate.
[Ord. #716, S 5.02]
In making a determination of whether a building is unfit for
human habitation or use, the Public Officer/Code Enforcement Officer
shall determine whether by reason of violations of this Code existing
in the building or on the premises that continued occupancy of the
building will not endanger and jeopardize the health and safety of
the occupants or persons in the vicinity of the premises, and to that
end he may consider, among other factors:
a.
Structural. Whether the premises are so structurally defective that
there is a risk of collapse or of loose materials falling and injuring
persons in and around the building.
b.
Ventilation. Whether by reason of inadequate ventilation there is
a danger of communicable diseases being contracted and spread in and
among the occupants or persons in the vicinity of the premises.
c.
Maintenance, Infestation, or Defects. Whether by reason of infestation
or defective condition of plumbing, or the lack of maintenance of
halls, floors, walls, or other parts of the premises, conditions exist
which are conducive to the contracting and spreading of diseases.
d.
Facilities and Egress. Whether by reason of electrical wiring, conduits,
or equipment, heating or cooking facilities, or lack of proper means
of egress, there is a danger of fire, or in the case of fire, inadequate
means of egress.
e.
Utilities. Whether premises are deficient in one or more essential
utilities, including sewage disposal facilities, water supply or electricity.
f.
Design of Premises. Where premises were not designed or constructed
for human habitation, whether by reason of the same occupancy constitutes
an unnecessary hazard to safety or health.
[Ord. #716, S 5.03]
After the holding of a hearing as prescribed in subsection 11-6.9, the Public Officer/Code Enforcement Officer shall make a determination as to whether the building is unfit for human habitation or use, and thereupon he shall make an order based on the evaluation of health and safety factors in the use of the premises as follows:
a.
Limited Time of Occupancy. Occupancy of all or part of the building
will be permitted for a limited period of time not to exceed 30 days,
upon condition that all violations recited in the order are corrected
or abated within that time, and if not corrected or abated, the premises
be vacated within 10 days thereafter.
b.
Posting of Premises. The building or any part thereof will be ordered
vacated within a specified period not to exceed 30 days, be boarded
up and signs or notices that occupancy is prohibited be posted prominently
at all times at all the entrances of the building and that the order
continue in effect until the conditions are abated and the order revoked
as provided herein. The order may prohibit occupants from paying,
and the owner and operator from receiving rent or other compensation
for use and occupancy while it remains in effect.
c.
Demolition. By reason of the complete state of disrepair and the disproportionate investment required to restore the building to habitable condition and the danger that the premises constitute, even while vacant, a threat to the safety or health of persons on or near the premises, that the improvement of the building is impracticable and continuance of the building vacant constitutes a danger to the health, safety and well-being of the neighborhood, whereupon the building is to be ordered vacated and demolished within a period of time not to exceed 60 days. If application for a Demolition Permit is not made within 30 days from the date of the notice ordering vacation and demolition, the Public Officer/ Code Enforcement Officer will proceed with demolition or cause the building to be demolished. The cost of such demolition shall be charged against the property affected in accordance with subsection 11-6.12.
[Ord. #716, S 5.04]
Where premises are ordered vacated, all doors to the exterior shall be secured and first-story or basement and cellar windows barred or boarded and all other windows protected against breakage. Where an order is issued under subsection 11-7.3, it shall be served on all persons affected thereby pursuant to subsection 11-6.8. When the conditions of the violation complained of are corrected, the owner or occupant affected thereby may request a reinspection which shall be provided upon payment of a reinspection fee of $10. Based on the reinspection the Public Officer/Code Enforcement Officer shall issue a further order which shall either revoke the previous order and permit occupancy or state such further conditions or time limits during which additional repairs or improvements are to be made before occupancy is again permitted or order vacation and demolition as in subsection 11-7.3, paragraph c. Upon compliance with the conditions contained in any order, the Public Officer/ Code Enforcement Officer shall permit the signs on the premises to be removed and the premises made available again for occupancy.
[Ord. #716, S 5.05]
Where owner, operator, or occupants: (i) fails to comply with
an order hereunder; (ii) fails to perform in accordance with any written
commitment as provided herein; (iii) removes any notice posted pursuant
thereto; (iv) removes any lock or bar installed pursuant hereto without
the permission of the Public Officer/Code Enforcement Officer, he
shall be deemed in violation of this Code and subject to the penalties
provided herein. In addition thereto, the Public Officer/Code Enforcement
Officer may take such steps as may be necessary to compel vacation
and boarding up of any premises and may post signs prohibiting occupancy.
Upon failure to comply with any such order, the premises shall constitute
a public nuisance and the Public Officer/Code Enforcement Officer
may take such further action under the criminal and civil laws of
this State through any court of competent jurisdiction as may be necessary
to remove or abate the nuisance.
[Ord. #716, S 6]
As used in this Article:
Shall mean a structure, the use of which is incidental to
that of the main building and which is attached thereto or located
on the same premises.
Shall mean the Director of the Department of Administration
of the Borough.
Shall mean the portion of the building that is partly underground
which has more than 1/2 of its height, measured from clear floor to
ceiling, above the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
Shall mean enclosed space containing one or more bathtubs,
showers, or both, and which shall also include toilets, lavatories
or fixtures serving similar purposes.
Shall mean a combination of materials to form a construction
adapted to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
Shall mean the Building Code of the Borough.
Shall mean lowermost portion of the building partly or totally
underground, having half (1/2) or more of its height measured from
clear floor to ceiling below the average adjoining ground level. Where
the natural contour of the ground level immediately adjacent to the
building is interrupted by ditching, pits or trenching, then the average
adjoining ground level shall be the nearest natural contour line parallel
to the walls of the building without regard to the level created by
the ditching, pits or trenching.
Shall mean a heating system in a fire-resistant enclosed
space or spaces, separate and apart from the area to be heated, which
system is permanently affixed on a fireproof base and connected by
breaching to a stack in accordance with the Building Code. Direct
electric and/or gas heating systems without the use of a boiler, serving
all dwelling units in a structure, are exempt from the above requirements.
Shall mean any building or structure, or part thereof, used
and occupied for human habitation or intended to be used, and includes
any appurtenances belonging thereto or used therewith.
Shall mean a group of interrelated rooms intended or designated
for nontransient residential use of one family, (i) separated from
the other spaces by lockable doors, (ii) having access to the outside
without crossing another dwelling, (iii) having living, eating and
sleeping facilities.
Shall mean any person under the age of 18 who is gainfully
employed and self-supporting or who is married to a spouse who is
gainfully employed and who supports the minor, or who is a student
living away from home and in regular attendance at an institution
of higher learning.
Shall mean open spaces on the premises outside of any building
thereon.
Shall mean the control and extermination of insects, rodents
and vermin by eliminating their harborage places; by removing or making
inaccessible material that may serve as their food; by poisoning,
spraying, fumigating, trapping, or by other approved means of pest
elimination.
Shall mean and be defined as follows:
Any device or condition likely to cause fire and which is so
situated as to endanger either persons or property;
The creation, maintenance or continuance of any physical condition
by reason of which there exists a use, accumulation, or storage for
use of combustible or explosive material sufficient in amount or so
located or in such a manner as to put in jeopardy, in event of ignition,
either persons or property;
The obstruction to or of fire escapes, ladders which may be
used as escapes, stairways, aisles, exits, windows, passageways or
halls, likely, in the event of fire, to interfere with the operation
of the Fire Department or with the safety and ready egress of occupants;
The violation of any rule now or hereafter promulgated by the
Fire Department of the Borough.
Shall mean the net floor area within the enclosing walls
of the room, excluding built-in equipment such as wardrobes, cabinets,
closets, kitchen units, or fixtures which are not readily removable
and excluding the floor area where the floor-to-ceiling height is
less than four-and-one-half (4-1/2') feet.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean rooms used or designated for use by one or more
persons for living or sleeping, or cooking and eating, but not including
bathrooms, water closet compartments, laundries, serving and storage
pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler
rooms, utility rooms, and other rooms or spaces that are not used
frequently or for an extended period of time or that have less than
50 square feet of superficial floor area.
Shall mean all officials, officers or employees of the Borough
entrusted with the enforcement of this Code.
Shall mean the head of the family, spouse, the parents and
children (including adopted children), of either the head of the family
or spouse. There shall be a rebuttable presumption that three or more
persons occupying any dwelling unit or rooming unit are not related
to one another so that any two or more shall be members of an immediate
family and the burden of proving such relationship shall be on the
person asserting it.
Shall mean a rooming unit in other than a single-family dwelling
which opens directly to the exterior of the premises by way of a common
hallway, common areaway, common stairway, or door to the exterior
of the premises without passing through any other used for cooking
or the preparation of food.
See Rubbish.
Shall mean any building containing one or more dwelling units
or rooming units and also having a portion thereof devoted to non-dwelling
uses or as a hotel.
Shall mean any dwelling or structure with more than two occupancies.
Shall mean:
Any public nuisance known as public law or in equity jurisprudence,
or as provided by the Statutes of the State of New Jersey, or in the
ordinances of the Borough;
Any attractive nuisance which may prove detrimental to the health
or safety of children whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes, but is not limited
to: abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris, or vegetation such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors;
Physical conditions dangerous to human life or detrimental to
health of persons on or near premises where the conditions exist;
Overcrowding of a room with occupants in violation of this Code;
Insufficient ventilation or illumination in violation of this
Code;
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code;
Unsanitary conditions or anything offensive to the senses or
dangerous to health in violation of this Code;
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings;
Fire hazards.
Shall mean any person living in, sleeping in, or having actual
possession of a dwelling unit or rooming unit, or any person using
or having actual possession of any nonresidential premises.
Shall mean any person who has charge, care, or control of
a dwelling or premises or a part thereof.
Shall mean any person who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof; or shall have
charge, care or control of any dwelling or dwelling unit, as owner
or agent of the owner, or as executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate, or as a mortgagee in
possession regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit shall be deemed to be a co-owner with the lessor
and shall have joint responsibility over the portion of the premises
sublet or assigned by the lessee.
Shall mean all of the following supplies, facilities, and
equipment, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes washing machines, catch basins, vents, and
any other similar supplied fixtures, together with all connections
to water, sewer or gas lines, and water pipes and lines utilized in
conjunction with air-conditioning equipment.
Shall mean a lot, plot or parcel of land including the buildings
or structures thereon.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Borough
relating to Health, Fire, Building Regulations, or to other codes
or ordinances concerning dwellings in the Borough.
Shall mean the officer who is authorized by this Chapter
to exercise the powers prescribed for him.
Shall mean any premises, or any part thereof, or any building
or any part thereof, which may be lawfully viewed by the public, or
any member thereof, from a sidewalk, street, alleyway, licensed open-air
parking lot, or from any adjoining or neighboring premises.
Shall mean all putrescible and non-putrescible solid wastes
(except body wastes), including but not limited to: garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles, and
solid market and industrial wastes.
Shall mean space in an enclosed building, or space set apart
by a partition or partitions, and any space in a building used or
intended to be used as a bedroom, dining room, living room, kitchen,
sewing room, library, den, music room, dressing room, enclosed sleeping
porch, sun room, party room, recreation room, breakfast room, study,
storage room and similar uses.
Shall mean any room or group of rooms forming a single habitable
unit other than a dwelling unit, which is rented or available to rent
for sleeping purposes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials, commonly known also as litter and
trash.
Shall mean any sanitary sewer owned, operated and maintained
by the Borough, and available for public use for the disposal of sewage
or a sanitary sewerage system approved by the Board of Health of the
Borough.
Shall mean waste from a flush toilet, bathtub, sink, lavatory,
dishwashing, or laundry machine or the water- carried waste from any
other fixture or equipment or machine.
Shall mean that portion of a building included between the
upper surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a building,
included between the upper surface of the topmost floor and the ceiling
level directly above a basement or cellar is more than four (4') feet
above grade, such basement or cellar shall be considered a story.
Shall mean anything constructed, assembled, or erected, the
use of which requires location on the ground or underground or attachment
to something having location on or in the ground and shall include
fences, walls, tanks, towers, advertising devices, bins, tents, lunch
wagons, trailers, dining cars, camp cars or similar structures on
wheels or other supports used for business or living purposes. This
includes any structure equipped with a roof, whether permanent or
temporary, such as porches, awnings, canopies, swimming pools, summer
houses, arbors, balconies, and similar elements, fences, and signs,
but does not include patios at grade or unroofed surfaces prepared
for sports. The word "structure" shall not apply to utility services
entirely below the ground.
(see Floor Area, Superficial)
Shall mean supply and removal of air to and from any space
by natural or mechanical means.
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.
Shall mean enclosed space containing one or more bathtubs,
showers, or both and which shall also include toilets, lavatories,
or fixtures serving similar purposes.
Shall mean enclosed space containing one or more toilets
which may also contain one or more lavatories, urinals, and other
plumbing fixtures.
[Ord. #716, S 6]
Whenever the words "accessory structure," "building," "dwelling,"
"dwelling unit," "habitable room," "independent rooming unit," "premises,"
"room," "rooming unit," or "structure," are used in this Code, they
shall be construed, unless expressly stated to the contrary, to include
the plurals of these words and as if they were followed by the words
"or any part thereof." The word "shall" shall be applied retroactively
as well as prospectively.
[Ord. #716, S 4]
The provisions of this Article shall not be deemed to be preemptory
or exclusive, and should there be any other statute, law, rule, regulation
or ordinance providing a higher standard, the higher standard shall
prevail.
