Editor's Note: The power to adopt a Housing Code
is contained in N.J.S.A. 40:49-5.1 et seq.
[1972 Code § 16-1.1]
This chapter shall be known as "The Housing Code of the Township
of West Orange," and may be referred to in this chapter in the short
form as the Code.
[1972 Code § 16-1.2]
It is hereby found and declared that there exists in the Township
structures used for residential and nonresidential use which are,
or may become in the future, substandard with respect to structure,
equipment or maintenance, or further that such conditions including
but not limited to structural deterioration, lack of maintenance and
appearance of exterior of premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential utilities and facilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Township. It is further found and declared that by reason of lack
of maintenance and progressive deterioration, certain properties have
the further effect of creating blighting conditions and initiating
slums, and that if the same are not curtailed and removed, the conditions
will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained the desirability
and amenities of residential and nonresidential uses and neighborhoods
enhanced and the public health, safety and welfare protected and fostered.
It is further found and declared that by reason of the peculiar
and special conditions existing in lodging houses, boarding houses
and nursing homes as herein defined, the licensing and regulation
of same is necessary so that the regulations may be better enforced
in the public interest for the protection of health, safety and welfare
of the public to prevent slum and blighted conditions from expanding
in the Township and for the social and economic stability of the Township.
[1972 Code § 16-1.3]
The purpose of this Code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of residential and
non-residential premises, to establish minimum standards covering
utilities, facilities and other physical components and conditions
essential to make the facilities fit for human habitation, occupancy
and use; to fix certain responsibilities and duties upon owners and
operators, and distinct and separate responsibilities and duties upon
occupants to require the licensing and regulation of lodging houses,
boarding houses and nursing homes; to authorize and establish procedures
for inspection of residential and nonresidential premises; to fix
penalties for the violations of this Code; to provide for the right
of access across adjoining premises to permit repairs; and to provide
for the repair, demolition or vacation of premises unfit for human
habitation or occupancy or use. This Code is hereby declared to be
remedial and essential for the public interest and it is intended
that this Code be liberally construed to effectuate the purpose as
stated herein.
[1972 Code §§ 16-2.62, 16-20.1; Ord. No. 579-80 § 1; Ord. No. 1456-97 § 1; Ord. No. 1637-99 § 1; Ord. No. 1690-00 § 1; Ord. No. 1827-02 § 1]
The following terms wherever used in this Code shall have the
respective meanings assigned to them unless a different meaning clearly
appears from the context:
Shall mean any 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 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 pitching, pits or trenching.
Shall mean an enclosed space containing one or more bathtubs,
showers, or both, and which shall also include toilets, lavatories,
or fixtures serving similar purposes.
Shall mean any dwelling unit in any zoning district in which
any room is offered for rent or lease.
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 Township of West Orange.
Shall mean the lowermost portion of the building partly or
totally underground, having 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 levels 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 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 kitchen facility shared by occupants of one or
more rooming units or dwelling units.
Shall mean the condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Shall mean any person who by reason of his or her physical
or mental condition is not sufficiently ambulatory, or otherwise by
reason of physical or mental incapability, to reach or use the two
means of egress most accessible to his or her living quarters without
assistance and with reasonable facility, or who is unable to attend
to his or her daily personal and bodily needs.
Shall mean a structure, or part of a structure, arranged,
intended or designed to be occupied as a residence.
Shall mean a single unit providing facilities for one or
more persons including provisions for living, sleeping, eating, cooking,
and sanitation.
Shall mean any person under the age of 18 years of age 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 any lodging house, boarding house or nursing home
which is required to be licensed pursuant to this Code.
Shall mean any premises, or 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 open space on the premises outside of any building
thereon.
Shall mean the control and elimination 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.
(See Immediate family.)
Shall mean the Fire Chief of the Township of West Orange.
Shall mean:
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 of
combustible or explosive material sufficient in the 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 escape ladders which may be used
as escape stairways, aisles, exits, doors, windows, passageways or
halls, likely in the event of fire to interfere with the operations
of the Fire Department or of the safety and ready egress of occupants.
The violation of any rule now or hereafter promulgated by the
Fire Department, or the Township.
Shall mean the net floor area, within the enclosing walls
of the room, excluding built-in equipment such as wardrobes, cabinets,
kitchen units or fixtures which are not readily removable and excluding
the floor area where the floor to ceiling height is less than seven
feet.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean rooms used or designed 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 not be considered as
habitable rooms.
Shall mean the Health Officer of the Township of West Orange.
Shall mean any building kept, maintained, advertised as,
or held out to be a place where sleeping accommodations are supplied
for pay to transient or permanent guests in which 15 or more rooms
are rented furnished or unfurnished, including any room found to be
arranged for or used 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 30 or more persons for sleeping accommodations.
There shall not be included rooms which are physically a part of a
self-contained and enclosed dwelling unit. This definition shall not
be construed to include any building defined as a tenement house pursuant
to Title 55 of the Revised Statutes of New Jersey, or any amendments
now or hereafter enacted thereto.
Shall mean all officials, officers or employees of the Township
entrusted with the enforcement of this Code.
Shall mean the head of the family, spouse, the parents and
the 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 or person asserting it.
Shall mean cooking facilities containing no more than two
plates or burners not exceeding six inches in diameter.
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 or common stairway or door to the exterior
of the premises without passing through any other rooming unit or
dwelling unit.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard.
Shall mean any room or part of a room used for cooking or
the preparation of food.
Shall mean any dwelling, whether furnished or unfurnished,
in which there are one or more independent rooming units where there
are sleeping accommodations for occupancy or available for occupancy
by four or more persons, and where there is no agreement between the
operator and any occupant for feeding, personal care or special supervision
or attention, except that hotels as defined by N.J.S.A. 29:1-11 containing
15 or more rooms or accommodating 30 or more persons shall be excluded
therefrom.
Shall mean any building containing one or more dwelling units
or rooming units and also having a portion thereof devoted to nondwelling
uses or as a hotel.
Shall mean:
Any public nuisance known at public law or in equity jurisprudence,
or as provided by the Statutes of the State of New Jersey, or the
ordinances of the Township.
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, 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 person on or near the 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 building in which two or more disabled persons
are housed for purposes of care, special attention, treatment or supervision,
and are housed for such purposes overnight or longer, but dwellings
where not more than two disabled persons live with members of their
families to whom they are related by blood or marriage, shall be excluded
therefrom.
Shall mean any person living, sleeping, or having actual
possession of a dwelling unit or rooming unit.
Shall mean any person who has charge, care or control of
a dwelling or premises, or a part thereof, whether with or without
the knowledge and consent of the owner.
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, administrator, 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 any person who does not suffer from such physical
or mental incapacity as to be classified as a disabled person, but
by reason of physical or mental limitations, or advanced years, does
require a limited degree of care and attention to assure personal
safety at all times.
Shall mean all of the following supplies, facilities and
equipment: gas, pipes, gas-burning 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 the Planning Director of the Township or such
other person as the Town Council may specifically designate and such
other officials as the Public Officer may designate to act in his/her
behalf.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including but not limited to: garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles and side
market and industrial wastes.
Shall mean registered mail or certified mail.
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.
(See definition of Lodging house and Boarding house.)
Shall mean a group of rooms forming a single habitable unit
other than a dwelling unit, which is rented or available for rent
for sleeping purposes, with or without cooking facilities.
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.
Shall mean any sanitary sewer owned, operated and maintained
by the Township and available for public use for the disposal of sewage.
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 any dwelling containing one and only one dwelling
unit, but which may contain in addition thereto one rooming unit with
incidental cooking facilities.
Shall mean any room within a dwelling unit which contains
a bed and/or other furniture which is or may be used by persons for
sleeping.
Whenever used in this chapter shall mean a fire alarm device
capable of sensing visible and invisible particles of combustion providing
an alarm suitable in all sleeping areas.
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
or roof above. If the finished ceiling level directly above a basement
or cellar is more than six feet above grade, such basement or cellar
shall be considered a story.
Shall mean any combination of any materials, whether fixed
or portable, forming a construction, including buildings.
(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, louvres, 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.
Shall mean deterioration, decay or damage caused by exposure
to the elements.
[1972 Code § 16-3]
Every residential and nonresidential building and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial business or industrial occupancy shall comply with the provisions of this Code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this Code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this Code. This Code establishes minimum standards for the initial and continued occupancy and use of all such buildings, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained herein except as provided in Section 14-4. Where there is mixed occupancy, residential or nonresidential use therein shall be nevertheless regulated by and subject to the provisions of this Code.
[1972 Code § 16-4]
In any case where the provisions of this Code impose a higher
standard than set forth in any other ordinances of the Township or
under the laws of the State of New Jersey, then the standards as set
forth herein shall prevail, but if the provisions of this Code impose
a lower standard than any other ordinances of the Township or of the
laws of the State of New Jersey, then the higher standard contained
in any such other ordinance or law shall prevail.
[1972 Code § 16-5]
After September 15, 1964, all licenses and permits shall be issued upon compliance with this Code as well as compliance with Chapter 5 under which licenses and permits are granted.
[1972 Code § 16-6]
No license or permit or other certification of compliance with
this Code shall constitute a defense against any violation of any
other ordinance of the Township applicable to any structure or premises,
nor shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision, nor any official of
the Township from enforcing any such other provision.
[1972 Code § 16-7]
Unless expressly provided to the contrary in this Code, the respective obligations and responsibilities of the owner and operator on one hand, and the occupant on the other, as defined in Sections 14-8 and 14-9, shall not be altered or affected by any agreement or contract by and between them or between them and other parties.
[1972 Code § 16-8]
Owners and operators shall have all the duties and responsibilities
defined in this section and the regulations promulgated pursuant thereto,
and no owner or operator shall be relieved from any such duty and
responsibility nor be entitled to defend against any charge of violation
thereof by reason of the fact that the occupant is also responsible
therefor and in violation thereof.
[1972 Code § 16-8.1; Ord. No. 1690-00 § 3; Ord. No. 2301-11; Ord. No. 2352-12]
a.
Hazards and Unsanitary Conditions. 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 free of unsanitary conditions; and any
of the foregoing shall be promptly removed and abated by the owner
or operator. It shall be the duty of the owner or operator to keep
the premises free of hazards which include but are not limited to
the following:
2.
Natural Growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions. All weeds shall
be removed from the vicinity of any public sidewalk or roadway.
3.
Overhangings. Loose and overhanging objects, and accumulations of
ice and snow which by reason of location above ground level constitute
a danger of falling on persons in the vicinity thereof.
b.
Ground Surface Hazards of Unsanitary Conditions. All holes, excavations,
breaks, projections, obstructions, and excretion of pets and other
animals on paths, walks, driveways, parking lots, and parking areas
and other parts of the premises which are easily accessible to and
used by persons on the premises shall be filled and repaired, walks
and steps replaced, and other conditions removed where necessary to
eliminate hazards or unsanitary conditions. Regarding the removal
of accumulated snow or ice on private property from paths, walks,
driveways, parking lots and parking areas used by pedestrians and
automobiles a summons may be issued where the snow or ice remains
uncleared within 24 hours after the snow has ceased to fall or the
ice has formed.
c.
Recurring Accumulations of Storm Water. Adequate run-off drains shall
be provided and maintained to eliminate any such recurrent or excessive
accumulation of stormwater.
d.
Sources of Infestation.
e.
Foundation Walls. Foundation walls shall be kept structurally sound,
free from defects and damage, and capable of bearing imposed loads
safely.
f.
Chimneys and All Flue and Vent Attachments Thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects, and so maintained as to capably perform
at all times the functions for which they were designed. Chimneys,
flues, gas vents or other draft-producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment,
shall be structurally safe, durable, smoke-tight, and capable of withstanding
the action of flue gases.
g.
Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained to minimize
the hazard of falling, and the same shall be kept structurally sound,
in good repair, and free from defects.
[1972 Code § 16-8.2; Ord. No. 1573-98 § 1; Ord. No. 1715-00 §§ 1, 2; Ord. No. 1727-00 § 1; Ord. No. 2352-12]
a.
Residential and Nonresidential. 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 residential standards of the neighborhood or such higher
standards as may be adopted as part of a plan of urban renewal by
the Township, and it shall be the duty of the owner or operator to
maintain the premises in the manner set forth herein, including, but
not limited to the following:
1.
Storage of Commercial and Industrial Material. There shall not be
stored or used at a location visible from the sidewalk, street or
other public areas, equipment and materials relating to commercial
or industrial uses unless permitted under the Zoning Ordinance for
the premises.
2.
Landscaping. Premises shall be kept landscaped and lawns, hedges
and bushes shall be kept trimmed where exposed to public view, and
shall be maintained so as not to obstruct public access to sidewalks
and roadways. All trees shall be kept trimmed so that they do not
encroach onto the sidewalk or roadway from the ground to a height
of seven feet. Hedges and bushes shall be maintained so that they
do not encroach onto the sidewalk. Lawns shall be trimmed and maintained
and shall not exceed a height of eight inches from the ground. All
lawns, trees, hedges and bushes in violation of any and all provisions
of this section shall be removed, trimmed, or cut to conform to the
requirements set forth herein.
3.
Signs. All signs shall be maintained in good repair and printed matter,
pictures or illustrations contained thereon shall be completely maintained
or when no longer in use completely removed.
4.
Reconstruction of Walls and Sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the residential character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that by their appearance,
under prevailing appraisal practices and standards will depreciate
the values of neighboring and adjoining premises.
5.
General Maintenance. The exterior of every structure or accessory
structure (including fences) shall be maintained in good repair and
all surfaces thereof shall be kept painted or whitewashed where necessary
for purposes of preservation and appearance. They shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling, paint or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated, and adjoining properties and the
neighborhood protected from blighting influences. No structure, or
part thereof, shall be boarded up or otherwise kept in a state of
disrepair.
6.
Front Yard Parking. No person shall park, stop or stand any motor
vehicle, or permit or suffer the same to be done, in any front yard
of premises occupied by a dwelling or hotel except on driveways and
parking areas constructed and installed in compliance with applicable
Township ordinances and not less than three feet from the interior
front sidewalk line adjacent to those premises.
b.
Nonresidential. The exterior of the premises 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 as part of a plan of urban renewal by the Township,
and it shall be the duty of the owner or operator to maintain the
premises as set forth herein, including, but not limited to the following:
1.
Landscaping. All lawns, trees, hedges and bushes shall be maintained
so as not to obstruct public access to sidewalks and roadways. Trees,
hedges and bushes shall be kept trimmed so that they do not cross
the line of the sidewalk from the ground to a height of seven feet.
Lawns shall be trimmed and maintained and shall not exceed a height
of eight inches from the ground. All lawns, trees, hedges and bushes
in violation of any and all provisions of this section shall be removed,
trimmed, or cut to conform to the requirements set forth herein.
2.
Signs and Billboards. All permanent signs and billboards exposed
to public view permitted by reason of other regulations as a lawful
nonconforming use shall be maintained in good repair. Any signs which
have excessively weathered or faded or those upon which the paint
has excessively peeled or cracked shall, with their supporting members,
be removed or put into a good state of repair, all nonoperative or
broken electrical signs shall be repaired or shall, with their supporting
members, be removed.
3.
Windows. All windows shall be left uncovered and shall not be opaque
to the public view. All windows exposed to public view shall be kept
clean and free of marks or foreign substances. No stock or inventory
shall be permitted in the window display area. All screening of interiors
shall be maintained clean and in a good state of repair. Under extraordinary
circumstances and with the advance written permission of the Director
of the Planning Department certain areas of the window may be screened
from the public view.
4.
All tenants or property owners occupying the street level of a commercial
property shall be responsible to sweep and clean all sidewalks and
brick pavers in front of their establishment so that they remain free
of litter, debris, graffiti, oil, cigarette butts, gum, newspapers,
refuse, and all garbage. In order to maintain or restore the level
of cleanliness needed, power washing may be needed. Those tenants/owners
on a corner shall be responsible for sidewalks and brick pavers on
all sides as described above. If there is not a ground level tenant,
or if the entire building is vacant, the property owner shall be responsible
for maintenance of the sidewalks, brick pavers and landscaping as
described in this subsection.
Any trees or landscaping in front of the establishment shall
be watered, pruned and maintained. Landscaping shall not be removed
or replaced with gravel, asphalt or wood chips.
5.
Signs or Advertisements; Removal. Except for "For Rent" signs, any
temporary sign or other paper advertising material glued or otherwise
attached to a window or windows or otherwise exposed in public view
shall be removed at the expiration of the event or sale for which
it is erected or within 60 days after erection, whichever shall occur
sooner.
Except during the course of repairs or alterations, no more
than 33 1/3% 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 windows or otherwise exposed to
public view.
6.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event such awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall, together with their supporting members, be removed forthwith.
In the event the awnings or marquees are made of cloth, plastic, or
of similar materials, the cloth or plastic where exposed to public
view shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing, or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain.
[Ord. No. 2361-12; Ord. No. 2490-16]
a.
If the owner or operator of any premises within the Township shall neglect or refuse to comply with subsections 14-8.1a; 14-8.1b; 14-8.2a,2; 14-8.2a,5; 14-8.2b, 1; 14-8.2b,4; or 14-8.2b,6, then the Department of Public Works or a suitable third-party vendor approved by the Director of the Department of Public Works may complete any work on the premises in order to bring the premises into compliance with the Township Code.
b.
Upon the completion of any maintenance contemplated by paragraph
a of this subsection, and upon the Township's issuance or receipt
of an invoice for services rendered, the Township may obtain a lien
against the applicable real property for the cost of services and
all costs related thereto, including all attorneys' fees and
expenses incurred related thereto. Such lien shall be authorized pursuant
to a resolution approved by the Township Council.
[1972 Code § 16-8.3; Ord. No. 1565-98 §§ I, II]
a.
Residential. 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:
1.
Exterior Walls, Sidings and Roofs. Exterior walls, siding and roofs
shall be kept structurally sound, in good repair and free from defects.
2.
Painting and Other Protective Coating. All exposed surfaces susceptible
to decay shall be kept at all times painted or otherwise provided
with a protective coating sufficient to prevent deterioration.
3.
Power Sanding. Unconfined power sanding by any person, including
but not limited to homeowners or painting contractors on any exterior
surface (public or private) within the Township of West Orange shall
be forbidden. Unconfined power sanding shall mean the use for the
removal of paint by electric or hydraulic powered sanding tools that
do not have attachments that while sanding paint simultaneously vacuums
dust and chips into a HEPA-filtered vacuum device and otherwise contain
and control chips and dust from being released into the environment.
The following safety measures during electric or hydraulic power
sanding must be followed:
(a)
Workers must wear proper respirators.
(b)
Workers must wear protective coveralls.
(c)
All sanding is prohibited if winds are more than 15 mph.
(d)
Two layers of plastic drop cloths must be placed on the ground
and bushes, each being a minimum of three millimeters thick.
(e)
Plastic drop cloths must extend five feet from the base of the
house and additional three feet for each story.
(f)
During the preparation stage, all windows and appropriate doors
must be taped.
(g)
At the end of the day, the plastic drop cloths must be rolled
to capture the waste. The drop cloths and waste must be discarded
into a plastic bag one layer at a time. The plastic bag must be a
minimum of three millimeters thick.
4.
Weather and Water-Tightness. Every dwelling shall be so maintained
as to weather and watertight.
5.
Exterior Walls, Roofs, etc. Exterior walls, roofs, windows, window
frames, doors, door frames, foundations and other parts of the structure
shall be so maintained as to keep water from entering the structure
and to prevent excessive drafts. Damaged materials must be repaired
or replaced promptly; places showing signs of rot, leakage, deterioration
or corrosion are to be restored and protected against weathering and
seepage.
b.
Nonresidential. The exterior of every structure or accessory structure
(including fences, signs and store fronts) shall be maintained in
good repair and all surfaces thereof shall be kept painted or whitewashed
where necessary for purposes of preservation and appearance. All surfaces
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other conditions reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated, and adjoining
properties and the neighborhood is protected from blighting influences.
All reconstruction of walls and sidings shall be of standard
quality and appearance commensurate with the character of the properties
in the same block and on both sides of the street on which the premises
front. The materials used will not be of a new kind that by their
appearance under prevailing appraisal practices and standards will
depreciate the values of neighboring and adjoining premises.
c.
Enforcement. The Zoning Office and Health Department or any other
employee of the Township may enforce the provisions of this subsection.
This provision applies to all residential and nonresidential structures
within the Township.
[1972 Code § 16-8.4]
Basements, cellar 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.
[1972 Code § 16-8.5]
All parts of the premises shall be maintained so as to prevent
infestation.
[1972 Code § 16-8.6]
Properly fitting screens in good repair shall be supplied for each exterior door and window of each dwelling unit or rooming unit. These screens shall have a mesh of not less than No. 16. Screens shall not be required in rooms deemed by the public officer, pursuant to regulation, to be located sufficiently high to be free of mosquitos, flies and other undesirable insects or otherwise protected from serving as a means of access for infestation. In establishments subject to licensing and in all buildings where janitor service is required, pursuant to subsection 14-8.7, paragraph a, 14, screens shall be installed and maintained by the owner or operator on all doors and windows from May 1 to October 1 of each year.
[1972 Code § 16-8.7]
a.
Residential. All parts of the dwelling shall be kept in a clean and
sanitary condition, free of nuisance, and free from health, safety
and fire hazards.
1.
Freedom from Accumulations and Obstructions. No accumulation or obstruction
from garbage, refuse or rubbish shall be permitted on common stairway,
areaways, balconies, porches, hallways, basements or cellars, except
garbage stored in proper containers may be set out for removal, pursuant
to paragraph a, 14 of this subsection, within one-hour in a clean
and sanitary condition.
2.
Floors, Interior Walls and Ceilings. Floors, interior walls and ceilings
of every structure shall be structurally sound and maintained in a
clean and sanitary condition.
3.
Floors Generally. 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 and free from
cracks, breaks and other hazards.
4.
Bathroom, Water Closet Compartment and Kitchen Floors. Bathroom,
water closet compartment and kitchen floors shall be surfaced with
water-resistant material and shall be kept at all times in a dry,
clean and sanitary condition, and shower room floors shall be kept
clean and sanitary.
5.
Cellar and Basement Floors. Floors of basements and cellars shall
be paved with stone or concrete not less than four inches thick and
shall be maintained at all times in a condition so as to be smooth,
clean and free from cracks, breaks and other hazards.
6.
Supporting Structural Members. Supporting structural members are
to be kept structurally sound, free of deterioration and capable of
bearing imposed loads safely.
7.
Walls and Ceilings Generally. Walls and ceilings shall be considered
to be in good repair when clean and free from cracks, breaks, loose
plaster and similar conditions. Walls shall be provided with paint,
paper, sealing material or other protective covering so that the walls
and ceilings shall be kept clean, free of visible foreign matter,
sanitary and well maintained at all times.
8.
Stairs and Railings. Interior stairs of every structure used for
human habitation shall be structurally sound and free from defects.
Handrailings or bannisters shall be provided for all stairs, balconies,
fire escapes and stairwells and the handrails or bannisters shall
be securely attached, maintained free from defects and shall be of
sufficient height to guard against accidents and to be appropriate
for use by persons of normal height utilizing the stairway. Stairs
shall be adequately lighted in all places, with control switches operable
from each story to permit safe use at night for persons ascending
or descending, except in establishments subject to licensing or where
janitorial service is provided and artificial lighting for hallways
and common areaways is supplied in accordance with State Law from
a master control switch.
9.
Garbage Container to Be Supplied for Each Occupant. Each dwelling
unit containing cooking facilities shall be provided with a watertight
noncombustible container with a tight-fitting lid for the temporary
storage of rubbish, garbage, and other refuse.
10.
Garage Container for Exterior of Building. Where there are one or more occupants in a dwelling unit other than the one occupied by the owner, the owner shall supply waterproof noncorrosive noncombustible containers at the exterior of the premises for the removal of garbage and refuse, which containers shall conform to the provisions of Chapter 17 of this revision.
11.
Responsibility for Removal. The owner or operator shall have the
duty and responsibility of removing garbage wherever a janitor is
required for the premises in accordance with paragraph a, 14 of this
subsection.
12.
Accumulating Refuse and Nonfireproof Storage Prohibited. Storage
bins, rooms and areas shall not be used for accumulated garbage or
refuse, provided that enclosed spaces or rooms in the interior of
dwellings which are used exclusively as garbage collection points
equipped with garbage containers complying with paragraph a, 14, below,
from which room or space containers are removed by the janitor at
least once daily, shall not be prohibited. Inflammable or combustible
liquids or other materials may not be stored on the premises unless
they are of a type approved for storage by the regulations of the
Fire Department, and then only in such quantities and in such fireproof
storage containers as may be prescribed by the regulations.
13.
Storage Areas. In dwellings containing four or more dwelling units
storage areas or storage bins shall be of fireproof construction and
contain fireproof walls and partitions of at least two hours rating
and in addition thereto shall have self-closing fireproof doors; provided
however that storage in existing framework, wood frame bins or nonfireproof
storage areas shall be permitted, provided that the storage of combustible
materials, containers for the same and means of storage shall be in
compliance with regulations promulgated by the Public Officer with
the approval of the Fire Chief, designated to minimize the existence
of fire hazards in dwellings. Excessive accumulations of combustible
materials are prohibited and responsibility for removal thereof shall
be with the owner and operator of the premises as well as the occupant
to whom the materials may belong. Where storage areas or storage bins
are available to more than one tenant, the area shall be numbered
or otherwise identified and a list of the names of the tenants utilizing
such area shall be kept at all times available for examination by
the Public Officer in the office of the person in charge of the premises.
The provisions governing paragraph a, 14, below, shall be supplemented
by regulations to be prepared jointly by the Public Officer and Fire
Chief as well as appropriate enforcement procedures which will include
notification to the superintendents and tenants of apartment buildings
which may be affected thereby.
14.
Janitorial Service. In every dwelling containing six or more dwelling
units or rooming units, or combination thereof, the owner shall provide
or designate a superintendent, janitor, caretaker or housekeeper,
who shall at all times maintain the premises in compliance with this
Code and keep the premises free from filth, garbage, refuse and rubbish,
and who shall be responsible for the daily collection of garbage and
other refuse from the occupants on a regular schedule and at a reasonable
time, and place the same out for collection in accordance with the
provisions established by the Township. The person shall be regularly
available on the premises to perform the foregoing duties.
(a)
In the event the superintendent, janitor, caretaker or housekeeper
does not reside in the premises, the owner or operator shall make
his/her name, address and telephone number known to all tenants, and
shall register same with the public officer, and shall also make available
and known to all tenants and public officer the name of an alternate
individual who shall be responsible during the absence of the superintendent,
janitor, caretaker or housekeeper.
(b)
In any premises containing 35 or more dwelling units, rooming
units or combination thereof, the superintendent, janitor, caretaker
or housekeeper shall reside on the premises. In any premises containing
70 or more dwelling units, rooming units or combination thereof, the
superintendent, janitor, caretaker or housekeeper shall be a full-time
employee. Where more than one building on adjoining premises or premises
in near proximity to each other are in common ownership or under common
management or maintenance supervision, the requirements contained
herein shall apply separately to each building unless the owner or
manager thereof can demonstrate to the satisfaction of the public
officer that proper operation of the premises and provision of all
essential services and facilities as required under Township Codes
can be provided by a resident superintendent, janitor, caretaker or
housekeeper of one building who shall assume responsibility for the
other building or buildings adjoining or in near proximity to his/her
place of residence.
(c)
The superintendent, janitor, caretaker or housekeeper shall
have sufficient knowledge, competence and responsibility and shall
have authority from the owner or operator to attend to or arrange
for continual operation of all essential services and facilities required
under this Code. Where violations arise under this Code and by reason
of same, the Public Officer is doubtful of the qualifications, competence
and sense of responsibility of any superintendent, janitor, caretaker
or housekeeper, he/she shall provide notice to the owner or operator
and to the superintendent, janitor, caretaker and housekeeper and
thereafter the Public Officer shall provide an oral and written examination
or hearing to determine the qualifications, competence and sense of
responsibility of the superintendent, janitor, caretaker or housekeeper.
In the event the Public Officer shall find such person is not capable
or competent to regularly perform the duties required by this Code,
the Public Officer shall order the owner or operator to provide that
a suitable person be placed in charge and be responsible for the premises.
(d)
The failure of any superintendent, janitor, caretaker or housekeeper
to comply with the provisions of this Code, even in disobedience of
instructions, shall not relieve the owner or operator from the duties
and responsibilities imposed by this Code.
b.
Nonresidential.
1.
Bathroom, Water Closet Compartment and Kitchen Floors. Washroom and
water closet compartment floors shall be surfaced with water-resistant
material and shall be kept in a dry, clean and sanitary condition
at all times.
2.
Responsibility for Removal of Garbage. The owner and operator shall
have the duty and responsibility of removing garbage.
3.
Accumulating Refuse and Nonfireproof Storage Prohibited. Storage
bins, rooms and areas shall not be used for accumulated garbage or
refuse. Inflammable or combustible liquids or other materials may
not be stored on the premises unless they are of a type approved for
storage by the regulations of the Fire Department, and then only in
such quantities and in such fireproof storage containers as may be
prescribed by the regulations.
[1972 Code § 16-8.8; Ord. No. 1690-00 § 4]
a.
Residential.
1.
Adequate Supply of Township Water. Every facility using running water
for domestic purposes within any building shall be connected to the
public water supply system of the Township. 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.
2.
Hot and Cold Water. 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 100° F. at all times to each hot water
outlet.
3.
Facilities Required in Bathroom. Every bathroom required shall be
provided with a flush toilet, connected to the cold water line, and
a shower or tub and a wash basin connected to running water as set
forth in paragraph a, 2 above. Bathrooms shall also be provided with
adequate light and ventilation as more particularly set forth in paragraph
a, 24.
4.
Maintenance of Plumbing Facilities. Every facility required under
paragraphs a, 1, 2 and 3 hereunder shall be maintained in a sanitary
condition, free of defect and in operating condition at all times.
Where the facility or plumbing fixtures are clogged, overflow or otherwise
necessitate repairs, such repairs shall be performed forthwith.
5.
Connection to Sanitary Sewer. All plumbing fixtures shall be connected
to the sanitary sewer through lines which are free of leaks, corrosion
or deterioration, and provide unobstructed passage from the plumbing
facilities within the dwellings to the sanitary sewer.
6.
Bathroom Requirements for Dwelling Units. 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 14-8.10b in a room which affords privacy
to the occupants thereof.
7.
Bathroom Requirements for Independent Rooming Units. There shall
be a bathroom meeting the same requirement as set forth in paragraph
6 above, which shall be directly accessible to a common hallway or
areaway which is either on the same floor as, or is one floor above
or below all rooming units it is designed to serve and which hallway
is directly accessible to the occupants of all such rooming units
without passing through any other dwelling unit or rooming unit. The
number of bathrooms required for persons who do or may occupy the
rooming units shall be as follows:
|
Number of Bathrooms
|
Occupants to be Accommodated
|
|---|---|
|
1
|
1 to 4
|
|
2
|
5 to 9
|
|
3
|
10 to 14
|
|
4
|
15 to 19
|
8.
Heating Facilities and Duty to Supply Heat. Every dwelling unit shall
contain heating facilities of sufficient capacity to maintain a minimum
inside temperature of 68° F. in all habitable rooms, bathrooms
and water closet compartments measurable 36 inches above the floor
at the center of any such room or compartment when the outside temperature
is 0° F. 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, 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.
9.
Where Central Heating Required. Central heating shall be required
in all lodging houses, boarding houses and nursing homes as of the
effective date of this Code.
10.
Central Heating. There shall be no other provisions.
11.
Alternative Modes of Heating. No other mode of heating not specified
in this subsection, paragraphs 14-8.8a, 9 and 10 shall be permitted.
12.
Storage of Facts. Fuel for operation of the heating equipment shall be stored outside of the premises, unless stored in the interior pursuant to regulations for the Fire Department as to storage of inflammable materials, set forth under subsection 14-8.7a, 13.
13.
Conversions Prohibited During Winter. No heating units shall be converted
in any dwelling, or part thereof, between October 1 and May 1, where
there are occupants other than the owner or operator, dependent on
heat from the unit, without written consent of all such occupants,
but nothing herein shall be construed as preventing emergency alterations
or repairs.
14.
Side Arm Gas Water Heaters. On and after September 15, 1964, no new
or used gas heaters shall be installed.
15.
Installation and Maintenance of Heating Facilities. Heating equipment
shall be installed in a manner which will avoid dangerous concentration
of fumes and gases. Heating equipment shall not be forced to operate
beyond the safe capacity for which it is designed. Where necessary,
exposed heating risers, heating ducts and hot water lines shall be
covered with an insulating material or guard.
The heating facilities and all parts thereof shall be kept in
good operating condition, free of defects, corrosion and deterioration
at all times.
16.
Requirements for Providing Heat from October 1 to May 1. Except as
hereinafter stated, the interior dwelling unit or rooming unit, bathroom
and water closet compartment shall be maintained during the entire
day as defined in item 18 of this paragraph at a minimum temperature
of 68° F.
17.
From May 1 to October 1. Except as hereinafter stated, every dwelling
unit, rooming unit, bathroom and water closet compartment shall be
maintained at a temperature of 68° F. during the remainder of
the entire day whenever the outside temperature falls below 55°
F. at any time between the hours of 6:30 a.m. to 10:30 p.m.
18.
"During the Entire Day." The term "during the entire day" shall include
the hours from 6:30 a.m. to 10:30 p.m.
19.
Where Owner Not Required to Supply Heat. Any owner or operator who
has an express contractual arrangement with an occupant under which
the occupant undertakes to supply his/her own heat through facilities
under the occupant's exclusive control shall be excepted from
the requirements to supply heat hereunder.
20.
Duty to Maintain Equipment. Notwithstanding a contract by the occupant
to supply his/her 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.
21.
Presumption Against Contract by Occupant to Supply Own Heat. 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.
22.
Where Occupant Required to Supply Heat as Owner. As set forth in subsection 14-8.8a, 19, occupants who undertake to supply heat to dwelling units or rooming units other than their own shall be responsible as owners hereunder to the occupants of such dwelling units or rooming unit.
23.
Habitable Rooms, Windows and Skylights. 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 10% of the floor area of such rooms,
or 12 square feet, whichever is greater. 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,
louvres, monitors or other openings providing all such openings are
easily operable by the occupants.
24.
Bathrooms and Water Closet Compartments. Every bathroom and water closet compartment shall be adequately ventilated with openable area as described in this subsection 14-8.8a, 23 and 24, totaling 1 1/2 square feet or by comparable mechanical ventilation.
25.
Electrical Service Generally. Every dwelling, dwelling unit and rooming
unit shall be properly connected to and be provided with electric
power through safely insulated conduits conforming to the National
Electrical Code as adopted and as may be hereinafter adopted.
26.
Electrical Outlets in Habitable Rooms. Every habitable room shall
be equipped with a permanently installed electrical outlet or outlets
sufficient to provide lighting and power and permit the installation
of or the use of electric lights sufficient to meet the reasonable
lighting requirements for normal use of the room, and other electrical
equipment normally expected to be used in the room.
27.
Lighting of Bathrooms, Washrooms and Water Closet Compartments. Every
bathroom and water closet compartment shall be provided with permanently
installed artificial lighting fixtures with a switch and wall plate
so located and maintained that there is no danger of short-circuiting
from water from other bathroom facilities or from splashing of water.
28.
Lighting of Common Spaces Other Than Habitable Room Bathrooms and Water Closet Compartments. 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 (five 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 14-8.7a, 8. 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 (three lumens) measured in the darkest portion trafficked by occupants.
29.
Loose or Exposed Wiring. Except as hereinafter stated, all wiring
or cables shall be properly affixed or attached to the structure.
Insulation shall be provided for all wiring and cables and kept in
good repair. No loose cords or loose extension lines in excess of
six feet in length shall be permitted and no ceiling or wall fixture
shall be used for supplying power to equipment other than that for
which they are designed.
30.
Replacement of Light Bulbs. All required lighting fixtures shall
be supplied at all times with functioning light bulbs of sufficient
wattage to supply the lumen requirements of this Code.
31.
Fuses and Protective Devices. Maximum fuse sizes consistent with
safety shall be posted conspicuously on the inside cover of all fuse
boxes and no fuse shall be installed therein in excess of the stated
maximum, except that owners shall not be responsible for violation
in fuse installations without their knowledge where the correct maximum
is stated and the fuse box is located within a dwelling unit or rooming
unit in the exclusive possession of occupants other than the owner.
32.
Overloading of Circuits. Overloading of circuits is prohibited. Where
the public officer finds, that by reason of the appliances and fixtures
there is continuing overloading of an electrical line creating a hazard,
the owner shall be required to install a line of sufficient capacity
to absorb the load to which the line is subjected or otherwise eliminate
the conditions causing the overload. For purposes of this section,
the public officer may consider the peak seasonal load to which the
line is subjected.
33.
Suspension of Services and Utilities. No owner, operator or occupancy
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
Township ordinances applicable to such service, facility, equipment
or utility.
b.
Nonresidential.
1.
Electric Service Generally. All premises shall be properly connected
to and provided with electric power through safely insulated conductors
conforming to the National Electrical Code.
2.
Lighting of Bathrooms, Washrooms and Water Closet Compartments. Every
washroom and water closet compartment shall be provided with permanently
installed artificial lighting fixtures with a switch and wall plate
so located and maintained that there is no danger of shortcircuiting
from water from other washroom facilities or from splashing of water.
3.
Fuses and Protective Devices. Maximum fuse sizes, consistent with
safety, shall be posted conspicuously on the inside cover of all fuse
boxes and no fuse shall be installed therein in excess of the stated
maximum except that owners shall not be responsible for violation
in fuse installations without their knowledge where the current maximum
is stated and the fuse box is located within any part of the premises
which is in the exclusive possession of occupants other than the owner.
[1972 Code § 16-8.10; Ord. No.
1456-97 § 2; Ord. No.
1715-00 § 3; Ord. No.
1827-02 § 2; Ord. No.
1988-04 § II]
a.
Cellar Rooms. Use of a cellar for sleeping purposes is hereby prohibited.
b.
Illegal Student Occupancy. It shall be unlawful for any person over
the age of 18 to:
1.
Assist, aid, abet, allow, permit, suffer or encourage a student to
register or enroll in the West Orange School District where the student
is ineligible to attend; or
2.
Knowingly permit his or her name, address, or other residence designating
documentation to be utilized in the registration or enrollment of
any nonresident student in the West Orange School District.
c.
Dwelling Units. Every dwelling unit shall contain a minimum floor
area of 300 square feet for each occupant. All children shall be counted
as occupants for these purposes.
d.
Required Space in Sleeping Rooms. There shall be a minimum required
floor area in sleeping rooms of 100 square feet for the initial occupant
and an additional 50 square feet of floor area in the same room for
each additional occupant.
e.
Exceptions. The space requirements of paragraphs c and d above shall
not limit the number of minor children residing in one dwelling unit
with their biological, adoptive or foster parent(s). If the space
requirement of paragraph c and d above are exceeded as a result of
the number of children, the number of adults shall be limited to two.
[1972 Code § 16-8.10; Ord. No.
1715-00 § 4]
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.
[1972 Code § 16-8.11]
a.
Dwelling Units. There shall be a second means of egress for all dwelling
units (except in single-family dwellings) which dwelling units are
located in basements or above the first story level of any structure.
b.
Basement Dwelling Units. The second means of egress from any basement dwelling unit may be by a second door located independently from the first means of egress and by leading directly to the outside of the premises, or in the alternative, a window which shall serve as a means of egress in accordance with subsection 14-8.9e.
c.
Independent Rooming Units. 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 14-8.10b.
Where there is an independent rooming unit located above the first
story, a common hallway or areaway shall have two means of egress
remote from each other and conforming to the requirements of the Building
Code.
d.
Window in Path of Egress. Where a window forms a part of the path
of egress from a dwelling unit or rooming unit or common hallway or
areaway to a fire escape, the window shall be located no more than
three feet above the floor area and shall provide a minimum opening
of at least three feet in width and four feet in height. The window
shall be easy to open for all occupants and shall lead directly to
the fire escape or to the immediately adjacent outside ground area
with a maximum drop of three feet thereto. Screens, storm windows
and other barriers to the outside shall be readily opened or removed
so as not to form any obstruction to occupants seeking egress in cases
of emergency.
e.
Door in Path of Egress. Any door in the path of egress shall be at
least 30 inches in width with a minimum height of four feet, shall
open in the direction of exit travel and shall be accessible and free
from obstructions from common hallways or areaways.
f.
Location and Number of Exits. Where two or more exits are required,
each exit shall be remote as practicable from the outer exit or exits.
All the exits shall be of such number and so located that the distance
of travel from the door of each rooming unit or dwelling unit on each
floor shall not exceed 50 feet except in buildings or fireproof construction
or buildings equipped with automatic sprinkler systems throughout,
in which buildings the maximum distance of travel from the door of
any unit to the nearest exit shall not exceed 100 feet, provided that
two of the exits shall be at least 50 feet past.
[1972 Code § 16-9]
Occupants shall have all the duties and responsibilities as
prescribed and all the regulations promulgated pursuant thereto, and
the occupant shall not be relieved from any duty or responsibility
nor be entitled to defend against any charge of violation thereof
by reason of the fact that the owner or operator is also responsible
therefor and in violation thereof.
[1972 Code § 16-9.1]
a.
Residential. Occupants shall not after notice as required under Section 14-11 occupy or continue to occupy premises which are substandard by reason of the failure of the dwelling unit or rooming unit occupied by them or of the dwelling or premises to conform to and comply with the requirements of this Code. Upon discovery by the occupant of any condition on premises occupied by the occupant which constitutes a violation hereof, the occupant shall report the same to the public officer responsible for enforcement hereunder, as more particularly set forth in subsection 14-9.10.
b.
Nonresidential. Upon discovery by an occupant of any condition on
the premises which constitutes a violation hereof, the occupant shall
report the same to the Public Officer responsible for enforcement
hereunder.
[1972 Code § 16-9.2]
All parts of the premises under the control of the occupant
or operator shall be kept in a clean and sanitary condition and the
occupant shall refrain from performing any acts which would render
other parts of the premises unclean or unsanitary or which would obstruct
the owner or operator from performing any duty required hereunder
or maintaining the premises in a clean and sanitary condition.
[1972 Code § 16-9.3]
Occupants shall place all garbage in the receptacles provided
for garbage disposal and shall, where janitor service is not supplied,
place for disposal all garbage and other refuse in garbage cans located
in the exterior of the premises in an area designated and set forth
for the same. Where janitorial service for the removal of garbage
and other refuse to the exterior of the premises is provided by the
owner or operator, then the occupant shall dispose of garbage and
other refuse in containers provided therefor by the owner or operator
in designated and enclosed areas in the interior of the premises.
Garbage and other refuse shall not be thrown out of windows or down
dumbwaiters, nor shall garbage and refuse be set out on stairways
or fire escapes or in common hallways. All fire escapes, stairways
and common hallways shall be kept free of accumulations of personal
belongings. All dumbwaiters shall be operable at all times where in
existence and used as a regular part of the garbage disposal system.
[1972 Code § 16-9.4]
a.
Residential. Every occupant of a single-family dwelling shall be
responsible for the elimination of infestation in the dwelling and
on the premises. Every occupant of a dwelling unit or rooming unit
in a dwelling other than a single-family dwelling shall be responsible
for eliminating all conditions causing infestation which are caused
by the occupant, and also those conditions which are subject to and
under his or her exclusive control.
b.
Nonresidential. Every operator shall be responsible for the elimination
of infestation in and on the premises subject to his or her control.
[1972 Code § 16-9.5]
Every occupant or operator shall be responsible for willfully
or maliciously causing damage to any part of the premises.
[1972 Code § 16-9.6]
No occupant shall cause excessive discoloration of the sidewalks
or ceilings of any part of the premises by improper use of heating
or cooking equipment.
[1972 Code § 16-9.7]
Where any occupant undertakes by contract, or as a condition of his or her letting, to supply his or her own heat through a furnace or boiler which also heats a dwelling unit or rooming unit occupied by other persons, the occupant shall be responsible for supplying heat in accordance with the provisions of subsection 14-8.8a, 8-16.
[1972 Code § 16-9.8]
Where any occupant undertakes to install heating equipment, the same shall conform to the requirements of subsection 14-8.8a, 8-16. The occupant shall thereafter be responsible for maintaining such equipment installed by him or her in good repair and operating condition during all times that the heating equipment shall remain under his or her control.
[1972 Code § 16-9.9]
Every occupant or operator shall maintain all plumbing fixtures
used by him or her in a clean and sanitary condition and he or she
shall not deposit any material in any fixture or sewer system which
would result in stoppage of or drainage to the fixture or sewer system.
[1972 Code § 16-9.10]
Where the owner or operator would not otherwise know of a defect
of any facility, utility or equipment required to be furnished hereunder
and the same is defective or inoperable, each occupant or operator
affected thereby shall, upon learning of the defect, provide notice
to the owner, operator, or other person in charge of the premises.
Nothing herein shall be construed to provide a defense to any owner
or operator violating this Code.
[1972 Code § 16-9.11]
No occupant shall occupy or permit the occupancy of any rooming unit or dwelling unit in violation of the occupancy standards established in subsection 14-8.9.
[1972 Code § 16-9.12]
No occupant shall cook in any dwelling unit or independent rooming
unit except where all the required sanitary facilities are installed
as required under subsection 14-8.10d.
[1972 Code § 16-9.13]
No occupant shall occupy or continue to occupy a dwelling unit
or rooming unit that does not have provision for bathroom facilities
as required under subsection 14-8.10a and b.
[1972 Code § 16-9.14]
Any adult member of the family shall be responsible and liable
for any violation of this section caused by minors under their care
or custody occupying the same dwelling unit if the violations were
created or permitted to continue with the knowledge or acquiescence
or consent of the adult member.
[1972 Code § 16-10.1]
No person shall manage, conduct or operate the business of keeping
a lodging house, boarding house or nursing home referred to hereunder
as "establishments subject to licensing" without first securing a
license therefor within the time and manner provided, nor shall any
owner permit on premises owned by him or her the operation of such
an establishment without a license.
[1972 Code § 16-10.2; Ord. No.
830-86 § 1]
The application for a license as required herein shall be made
in quadruplicate to the Construction Official on forms prescribed
by the Public Officer, which forms shall require information concerning
the occupancy, standards including the number of rooms to be used
for sleeping, the maximum number of persons which each room in the
establishment itself can accommodate, the location of all such rooms,
types and location of bathrooms, exits and other facilities, and names
and addresses of all persons who will actually be in charge of the
management or conduct of the establishment, whether such establishment
is equipped to accommodate persons who are disabled or persons who
require special care, and such further data as may be required for
the enforcement of this Code. All applications shall be accompanied
by the required fees. Where the applicant seeks a license for an establishment
based on a claim that the same constitutes a lawful nonconforming
use, the applicant shall state in the application the name and address
of the owner and operator of the premises of the date when the use,
by reason of the zone change or variance, first became nonconforming
and the number of rooms and number of roomers as of that date. The
application shall be signed by the owner as well as the operator and
shall contain a certification of the truth of the information contained
therein by both owner and operator. Any false information shall constitute
a violation of this Code and in addition grounds for revocation of
any license approved pursuant thereto. Any false information rendered
knowingly and intentionally may, upon complaint of a Public Officer,
subject the party rendering it to criminal prosecution.
[1972 Code § 16-10.3]
Except as otherwise provided herein, the term of the license
shall be for one year from June 1 to May 31 of the next succeeding
year and is renewable annually.
[1972 Code § 16-10.4]
The license fee shall be due and payable as of June 1 of each
year. Where licenses are issued after December 1, the licensee shall
pay 1/2 of the license fee. The license fee as of June 1, 1965 and
thereafter shall be:
|
Lodging houses
|
$25 per year
|
|
Boarding houses (Class A)
|
$25 per year
|
|
Boarding houses (Class B)
|
$50 per year
|
|
Nursing homes
|
$75 per year
|
[1972 Code § 16-10.5; Ord. No.
820-86 § 2]
Upon filing of an application, the Construction Official shall
transmit one copy to the Public Officer, one copy to the Fire Chief,
and one copy to the Health Officer. The original shall be kept at
all times in the office of the public official to whom the application
was submitted. Inspection of the premises for compliance with this
Code, other ordinances of the Township or laws of the State of New
Jersey shall be conducted in accordance with the regulations of the
Public Officer. Upon completion of inspections, if the Public Officer
shall determine and certify to the public official to whom the application
was submitted that the premises are in compliance, then the license
shall issue forthwith, provided, however, if any action of the Board
of Adjustment is required under the Zoning Ordinance, no license shall
issue except in accordance with the provisions of that Zoning Ordinance.
[1972 Code § 16-10.6]
Notwithstanding the provisions of subsection 14-10.5, the Public Officer may refuse to certify the application for a license where the operator or any person or persons who shall be in active management of the premises shall be unfit to perform the duties thereof by reason of a record of convictions of a crime or offense involving moral turpitude, gambling or prostitution, alcoholism, illegal possession or use of drugs or narcotics, be a known carrier of a communicable disease, or otherwise physically or mentally unfit or unsuited by similar or equivalent circumstances for active management of the premises.
[1972 Code § 16-10.7]
If the Public Officer shall determine that the applicant has
failed to meet the requirements of this Code, the requirements of
the Department of Health, or of any other ordinance of the Township
or laws of the State of New Jersey or that the applicant is unqualified
pursuant to 14-10.6 or upon any suspension, revocation or failure
to renew a license, the Public Officer shall send a written notice
to the applicant setting forth his/her reasons therefor. The applicant
may thereupon correct any violation and apply for reinspection upon
the payment of $10 as a reinspection fee or submit a written request
for a hearing to the Public Officer, in which request the applicant
shall state the facts on which he/she will base his/her contention
that the Public Officer's determination was in error. The Public
Officer shall, within 30 days from the receipt thereof, provide a
hearing upon a minimum of five days' notice to the applicant
and render a decision thereon within 10 days thereafter. Where the
violation is of a regulation of the Department of Health, the hearing
shall be before the Health Officer. The Public Officer (or where applicable,
the Health Officer) may in such decision affirm or reverse previous
determination or modify his/her determination and agree to approve
the application or terminate the suspension or revocation upon compliance
with specified conditions.
[1972 Code § 16-10.8]
Upon determining that the premises are in violation of this Code, regulations of the Department of Health, or any other ordinances of the Township or the laws of the State of New Jersey, at any time after a license is issued, the Public Officer shall require correction of the violation within 10 days by notice in writing to the owner and operator. Upon failure to correct the violation within the time prescribed, the owner and operator shall be liable for the penalties for violations of this Code prescribed in Section 14-12. In addition thereto, the Public Officer may suspend temporarily or conditionally refuse to renew the license issued for the premises for failure to correct the violations as aforesaid, provided that if the owner or operator requests a hearing no such suspension shall be effective until after a hearing and determination pursuant to subsection 14-10.7, which determination shall state reasonable terms and conditions upon which the suspension shall terminate or renewal shall be granted. Where there has been a violation or conviction within one year from the date of service of notice of violation and the violation shall be repeated or remain unabated resulting in a second notice of violation or conviction thereon in the Municipal Court, the Public Officer may thereafter permanently revoke the license or refuse renewal thereof without conditions or terms. Where the provision has been violated within the province of the Department of Health, the Health Officer shall be substituted for the Public Officer hereunder.
[1972 Code § 16-10.9]
Any license issued hereunder shall cover only the number of
occupants and that part of the premises described in the application
therefor. Any increase in rooming units or in the number of roomers
to be accommodated or of the part of the premises utilized as a lodging
house or other structural changes affecting the date contained in
the application or change in the person or persons actually in charge
of operating or maintaining the premises shall require the submission
and filing of an amended application containing the additional information
as required by the Public Officer.
[1972 Code § 16-10.10]
The license issued hereunder shall be nontransferable and no
person other than the licensee shall operate or be permitted by the
owner to operate the licensed premises. Where there is to be a change
of ownership or operation, application shall be made for a new license.
[1972 Code § 16-10.11]
The applicant shall not be entitled to any refunds of any fees
paid hereunder by reason of the rejection of the application, the
suspension or revocation of any license or transfer of ownership or
operation of premises prior to the termination of the license period.
[1972 Code § 16-10.12]
The licensee shall display the license in a vestibule, front
hallway or other prominent and public place at or near the front entrance
of the building during the entire period for which the license was
issued.
[1972 Code § 16-10.13]
The issuance of a license shall constitute a certification that
the premises as of the date of issuance comply with this Code but
shall not be construed to constitute a certification that the premises
comply with any other Township ordinance nor any State law nor shall
it relieve any other official or public agency from enforcing any
applicable ordinance or law.
[1972 Code § 16-10.14]
False registration is prohibited. All such establishments subject
to licensing shall keep a register in which there shall be set forth
in ink the name and last permanent address and signatures of each
occupant, the number of the room to be occupied by each occupant,
and the name and address of any person or persons to be notified in
case of emergency. The register shall be available at all times to
the authorized representative of the Public Officer, Police Chief,
and Director of the Fire Department of the Township. Registration
in a false name is prohibited. Beside each registration a notation
shall be made to indicate which occupant is a disabled person or person
requiring special care.
[1972 Code § 16-10.15]
a.
Lodging Houses and Boarding Houses (Class A). Occupancy by disabled
persons or persons requiring special care in lodging houses and boarding
houses (Class A) is hereby prohibited.
b.
Boarding Houses (Class B). Occupancy by persons requiring special
care is allowed, but occupancy by disabled persons in boarding houses
(Class B) is hereby prohibited.
c.
Right of Public Officer or Health Officer. Where the Public Officer
or the Health Officer has reason to believe that an occupant of an
establishment subject to licensing either require special care or
is disabled, the officer may require that the person produce within
48 hours a physician's certificate attesting to the mental or
physical condition of the person as it relates to the category in
which the occupant is classified, and if the official shall determine
that the person requires special care and is thereby prohibited from
residing in a lodging house or boarding house (Class A) or is disabled
and thereby prohibited from residing in any lodging house or boarding
house, then the person shall vacate the premises and relocate in a
suitable and appropriate establishment no later than five days after
the issuance of any order directed to the owner or operator and the
occupant therefor, and if the condition of the person or circumstances
under which he or she resides requires immediate attention, the order
shall so specify and a period of less than five days may be prescribed
therefor.
d.
Occupancy of Unemancipated Minor Prohibited. The occupancy of any
rooming unit by an unemancipated minor in an establishment subject
to licensing is hereby prohibited, and the operator and occupant of
the premises in which such occupancy occurs shall be liable hereunder.
[1972 Code § 16-10.16]
a.
Bathroom and Water Closet Facilities Required. Bathroom and water closet facilities shall be provided for occupants pursuant to subsection 14-8.8a, 7 except as hereinafter provided for boarding houses (Class B) in subsection 14-10.22e and for nursing homes in subsection 14-10.23a. All bathrooms shall be provided with inside locks.
b.
Bedding, Bed Linen, Towels and Soap Required. Every operator shall
provide for all occupants, bedding, mattresses, mattress covers, bed
linens, blankets, pillows, towels and soap. All such items shall be
kept in a clean and sanitary condition at all times. Fresh, clean
bed linens and towels shall be supplied for each new occupant at the
commencement of the term of occupancy and fresh, clean bed linens
and towels shall be supplied at least once a week. Unless laundry
service is provided for all occupants, a laundry tub or washing machine
shall be accessible to and available for use by all occupants.
c.
Furniture and Furnishings. All furniture and furnishings shall be
maintained in safe and sound condition, in good repair, and upholstery
and coverings shall be kept clean and free of rips and tears. Windows
shall be provided with blinds where necessary, draw drapes, curtains
or shades to provide occupants with privacy.
d.
Person in Charge of the Premises. There shall be present and in charge of every establishment subject to licensing, a person who is mentally and physically competent to maintain the same in safe and sanitary condition, who shall keep the exterior of the premises and all common interior areas, including, but not limited to the landings, stairways, hallways and bathrooms clean, free from garbage and other refuse and free of infestation, and who shall attend to the daily removal of garbage as required under subsection 14-8.7a, 14.
[1972 Code § 16-10.17]
a.
Fire Alarm System. Every establishment subject to licensing shall
be provided with a fire alarm system or device approved by the Underwriters
Laboratory, Inc. or by such other laboratories qualified and equipped
for the testing of fire protection equipment or materials as approved
by the Public Officer and the Fire Chief. The system or device required
hereunder shall be maintained in good working order at all times.
The alarm shall be provided with a heat-operated device which will
automatically set off the fire alarm system and shall be operated
by electrical or by self-contained automatic means. Alarm sounding
devices provided shall be distinctive in pitch, and shall be of such
quality and so distributed on every floor that they shall be effectively
heard in case of fire in every room above the usual sound level. Periodic
testing shall be required in accordance with regulations of the Public
Officer approved by the Fire Chief.
b.
Directional Signs. Every licensed establishment shall have exit signs
posted in common hallways visible from the door of every rooming unit.
Each sign shall indicate the direction of and location of the nearest
means of egress. All signs shall be of a size and color and be illuminated
in accordance with the regulations of the Public Officer, which regulations
are to be approved by the Fire Chief.
c.
Stairway Doors to Be Self-Closing. Wherever there are doors or framework
for doors which would close off sections of the stairway from common
hallways, areaways or other parts of the stairway, such doors shall
be equipped with self-closing devices, or such framework shall be
equipped with doors having self-closing devices.
d.
Storage of Combustible Materials. Storage of combustible materials and temporarily used or unused household furnishings, bedding, mattresses and similar articles shall only be permitted in enclosed fireproof compartments. Storage areas shall, as of the effective date of this Code, comply with subsection 14-8.7a, 13 notwithstanding the date set forth herein.
e.
Disposal of Combustible Materials. All combustible materials shall
be disposed of in self-closing metal cans which can be provided where
needed on the premises for that purpose.
[1972 Code § 16-10.18]
Community cooking is prohibited except for cooking performed
by the owner or operator or their employees for occupants in boarding
houses and nursing homes.
[1972 Code § 16-10.19]
Night lights shall be provided in all common areaways leading to bathrooms as well as in hallways in compliance with subsection 14-8.8a, 28.
[1972 Code § 16-10.20]
There shall be central heating in all establishments subject
to licensing, which shall supply adequate heat as required under subsection
14-6.8.8a, 8 to all occupied rooming units and to all bathrooms.
[1972 Code § 16-10.21]
Where food is served in any establishments subject to licensing,
the license therefor and the maintenance of the establishment, pursuant
to the license, shall be subject to the regulations and requirements
of the Sanitary Code and shall be supervised by the Health Officer,
as well as this Code. The Public Officer is authorized to enforce
any violation determined by the Health Officer to be a violation of
this Code after a notice and hearing in accordance with the provisions
of subsection 14-11.5.
[1972 Code § 16-10.22]
a.
Responsible Person on Duty. There shall be on duty at all hours of
the day and night at least one responsible person capable of performing
the duties of evacuation for each 20 persons or fraction thereof housed
therein.
b.
Fire Extinguishers. Portable fire extinguishers of adequate types
and size as prescribed by regulations shall be provided and hung in
a conspicuous location in each hallway or common areaway, and where
the length of same exceeds 50 feet there shall be a fire extinguisher
for each 50 feet or fraction thereof located at least 50 feet apart.
There shall be fire extinguishers provided in the kitchen and also
in the basement or cellar which shall be located within 25 feet of
any furnace or heating apparatus therein. All fire extinguishers shall
be inspected annually and shall further be subject to a test every
five years for hydrostatic pressure to determine the capability of
the extinguisher to withstand with safety the pressure generated during
operation.
c.
Evacuation Instruction Required. The operator, pursuant to regulations
and supervision of the Fire Chief, shall be responsible for instructions
to all occupants and employees as to procedure to be followed for
fire safety and for orderly emergency evacuation.
d.
Additional Exit Requirements. In addition to the requirements of subsection 14-8.11 exit stairways utilized as fire escapes on the exterior of the building shall extend all the way to the ground and drop ladders for any part thereof shall be prohibited. Access to outside exit stairways shall be through doors leading to balconies, and window exits shall be prohibited. All exit doors shall be equipped with panic locks or similar devices readily opened from the inside and shall open in the direction of exit travel.
e.
Bathroom and Water Closet Facilities. Bathroom and water closet facilities
shall be provided on each floor having sleeping rooms, in addition
to the requirements of subsection 14-8.10b.
[1972 Code § 16-10.23]
a.
Requirements. Nursing homes shall comply with all the special requirements applicable to boarding houses (Class B) in subsection 14-10.22.
b.
Fireproof Construction. All nursing homes shall be of fireproof construction.
c.
Violations. All nursing homes shall comply with State law and any
violation of such laws or regulations thereunder shall constitute
a violation of this Code.
[1972 § 16-11.1; Ord. No. 1690-00 § 5; Ord. No. 1925-04 § II]
The Planning Director is hereby designated to serve as the Public Officer hereunder and all inspections, regulations, and enforcement, unless expressly stated to the contrary, shall be under his/her direction and supervision. He/she may appoint or designate such other public officials or employees of the Township to perform duties as may be necessary to the enforcement of Chapter 14 and Chapter 25, including conducting inspections.
[1972 Code § 16-11.2]
a.
Buildings Subject to Inspection Times.
1.
Residential. Buildings and premises subject to this Code are subject
to inspections from time to time by the Enforcing Officer of the Township.
At the time of inspections, all rooms in the building and all parts
of the premises must be available and accessible for inspections and
the owner, operator and occupant are required to provide the necessary
arrangements to facilitate such inspections. Inspections shall be
made between 8:00 a.m. and 4:00 p.m. unless one of the following conditions
exits:
(a)
The premises are not available during the foregoing hours for
inspections.
(b)
There is reason to believe that violations are occurring on
the premises which can only be apprehended and proven by inspections
during other than the prescribed hours or which require immediate
inspection after being reported, such as failure to supply heat.
(c)
There is reason to believe a violation exists of a character
which is an immediate threat to health or safety requiring inspection
and abatement without delay.
2.
Nonresidential. Buildings and premises subject to this Code are subject
to inspection from time to time by the Enforcing Officer. At the time
of such inspections, all rooms and parts of the premises must be available
and accessible for such inspections, and the owner and operator are
required to provide the necessary arrangements to facilitate such
inspections. Inspections shall be made during regular open hours of
the business occupying the premises unless there is reason to believe
a violation exists of a character which is an immediate threat to
health or safety requiring inspection and abatement without delay.
b.
Identification and Conduct of Inspectors. 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.
c.
Where Entry by Inspectors is Refused.
1.
Penalties. Where the Public Officer or his/her agent is refused entry
or access or is otherwise impeded or prevented by the owner or operator
from conducting an inspection of the premises, such person shall be
in violation of this Code and subject to the penalties hereunder.
2.
Search Warrant or Access Warrant. In addition to the provisions of this subsection, the Public Officer 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 Code exists on the premises, and if the Judge of the Municipal Court is satisfied as to the matter set forth in the affidavit, he/she 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 of the Municipal Court upon affidavit of the Public Officer establishing grounds thereof pursuant to subsection 14-16.4.
[1972 Code § 16-11.3; Ord. No.
1690-00 § 2; Ord. No.
1925-04 § II]
Where any property owner is in violation of any provision of Chapter 14 and Chapter 25, the Zoning Officer and/or any property maintenance inspector may serve summon(es) immediately upon the property owner of record, tenant, occupant, management company, partnership, receiver, mortgagee, corporation, individual or persons and/or other person or entity involved in the conduct of the prohibited activity.
[1]
Editor's Note: Former subsections 14-11.4 through 14-11.14,
previously codified herein and containing portions of 1972 Code §§ 16-11.4
through 16-11.14 were repealed in their entirety by Ordinance Nos.
1638-99 and 1690-00.
[1972 Code § 16-11.15; Ord. No.
1715-00]
In addition to other remedies provided herein, where the Public
Officer has issued an order requiring the abatement of the nuisance,
correction of a defective condition or the maintenance of the premises
in a proper condition so as to conform to the ordinances of the Township
and laws of the State applicable thereto, and the owner, operator,
lessor or agent charged with the premises has failed to comply therewith,
the Public Officer may for the purposes of correcting any of the foregoing
conditions, act as custodian of any building or structure, and as
custodian, enter into and take charge of the premises and supervise
the abatement of any nuisance, correction of defect or placing of
the premises in compliance with Municipal ordinances and State laws.
For the performance of the duties of custodian, the Township shall
receive from the owner, operator and/or occupant of the premises,
reimbursement of all expenses and costs, including all reasonable
legal fees and expenses as shall be approved by the Township Council.
Any custodian designated shall be paid a fee not to exceed $150 per
day plus costs and expenses, as approved by the Council. Same shall
be certified and collected as provided in subsection 14-11.10. This
is in addition to the lien on the property for any necessary materials
and repairs.
[1972 Code § 16-11.16]
Where the owner, operator or lessor of the building is required to register under Section 14-18 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 with respect thereto, the Public Officer, upon resolution duly approved by the Township Council, may commence an action in the Superior Court seeking appointment of the Public 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 secure compliance with the ordinances of the Township and laws of the State as set forth in the order of the Public Officer, to be utilized to defray such costs and expenses of the receivership as may be adjudged by the Superior Court; and be applied towards payment to the Township 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 Township and which have remained unpaid.
[1972 Code § 16-11.17]
The Public Officer, when acting as receiver, may when authorized
by resolution of the Township Council, appoint as agent the holder
of any first mortgage upon the premises if the mortgagee or assignee
of the mortgage is a proper person and is willing to accept the appointment
to serve as agent to the receiver for the purpose of collecting rent
and income from the premises and manage the same. If there be no first
mortgage or assignee of the mortgage, or if that person be unsuitable
or unqualified for performing duties as set forth herein, or unwilling
to accept appointment, the Township Council may by resolution upon
recommendation of the Public Officer, designate some other person
to perform the duties and functions, the agent shall account promptly
to the receiver for the rents and income so collected; provided that
if the mortgagee or other person so designated is derelict in collecting
or accounting for rents and income or in the management of the real
property, the receiver shall apply to the Court for the removal of
the designated mortgagee or other person, upon notice in writing to
him or her and the Court upon removing the designated mortgagee or
other person in its discretion, may designate another person to collect
the rents and income from the real property and manage the same and
account to the receiver for the rents and income of the real property.
[1972 Code § 16-11.18]
In any receivership, no fees shall be allowed the receiver or
his/her counsel for acting as the receiver or counsel.
[1972 Code § 16-11.19]
Except as otherwise provided herein, the procedure in respect
to any receivership provided by this Code shall be as in the case
of receiverships to secure the payment of delinquent taxes, penalties,
interest, costs and expenses.
[1972 Code § 16-11.20]
Where the Public Officer has assumed responsibility as custodian,
or the Township Council, pursuant to this chapter has designated a
receiver, any interference with or refusal to comply with the requests
of the officers in the performance of their duties as provided herein
shall constitute a violation of this Code.
[1972 Code § 16-12.1; Ord. No.
1741-01 § II]
A violation of any section or subsection of this Code shall be punishable by the penalty provided in Chapter 1, Section 1-5 unless otherwise stated.
In addition to the other fines and sanctions which may be issued
by the Court, the Court may assess a monetary penalty of up to $250
per violation which shall be dedicated and forwarded to the Safe Housing
Reward Fund. This Fund shall be maintained by the Chief Financial
Officer or Comptroller of the Township of West Orange.[1]
[1972 Code § 16-12.2]
In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the Township required to be registered, pursuant to Section 14-18 herein, for violation of any Township ordinance or any State law applicable to the Township the fine or penalty shall be collectible as a lien against the premises and in addition thereto shall be collectible pursuant to the procedures for appointment of a receiver as set forth in Section 14-11 hereof, in addition to any other remedies now provided by law.
[Ord. No. 1785-01 § 1]
a.
Any tenant who receives a notice of eviction pursuant to section
3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) that results from code
enforcement activity for an illegal occupancy, as set forth in paragraph
(3) of subsection g. of section 2 of P.L. 1974, c. 49 (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 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.
b.
In addition to the liability for the payment of relocation assistance
set forth in paragraph a of this section, the Municipal Court may
impose an additional fine for a housing code violation for an illegal
occupancy, up to an amount equal to six times the monthly rental paid
by the displaced person, to be paid to the municipality by the owner-landlord
of the structure.
c.
In addition to the penalties set forth above in paragraphs a and
b of this section, for a second or subsequent violation for an illegal
occupancy, and only after affording the offending owner-landlord an
opportunity for a hearing on the matter, the Municipal Court may impose
on the owner-landlord 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," N.J.S.A. 2A:58-10 through 12. 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 appropriate
school district. The Municipal Court and the Superior Court shall
have jurisdiction of proceedings for the enforcement of the penalty
provided by this section.
d.
For the purposes of this section, the owner-landlord of a structure
shall exclude mortgagees in possession of a structure through foreclosure.
Also for the purposes 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 code enforcement
activities, and shall not include any continuing violations for which
citations are issued by a code enforcement agent during the time period
required for summary dispossession proceedings to conclude if the
owner has initiated eviction proceedings in a court of proper jurisdiction.
[1972 Code § 16-13]
The repeal of any provisions of any other ordinances by this
Code shall not affect any action for prosecution or abatement under
any such ordinance of any notice, complaint or order issued by an
officer or agency of the Township prior to September 15, 1964, or
concerning which any prosecution or other steps of enforcement have
been taken or are being taken within any administrative agency or
in the Municipal Court for enforcement thereof.
[1972 Code § 16-14.1]
The Public 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 shall file copies of the rules and regulations
with the Township Clerk, Health Officer, Town Engineer and Fire Chief,
and shall make available in the Public Officer's office a copy
for inspection by members of the public during regular business hours.
The rules and regulations shall have the approval of the Health Officer,
Town Engineer and Fire Chief, respectively, where the provisions thereof
relate to matters which are also in the jurisdiction of any supervision
of each officer. In case of conflict, the rules or regulations may
be promulgated by direction of the Mayor. The rules and regulations
shall have the same force and effect as the provisions of this Code
and the violations thereof shall be enforced as violations of the
express provisions of this Code, as herein provided.
[1972 Code § 16-14.2]
The Public 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
any variation or modification of structure or use approved by the
Public Officer will not in any material way alter the standards of
this Code and cannot affect detrimentally the health or safety of
occupants of the premises or the health, safety or welfare of the
occupants or owners of adjacent premises or of the neighborhood. The
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.
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this Code, and premises
subject to this Code are contemplated for acquisition or are within
an area where acquisition is contemplated by a public agency having
the power of eminent domain and that there is a reasonable likelihood
that the premises will be acquired within a period of two years, and
that the strict enforcement of the provisions of this Code would require
the installation of repairs and improvements estimated to exceed $300
in cost and that there is an alternative means satisfactory to the
Public Officer to be used, which will eliminate violations of this
Code constituting hazards to the health, safety and welfare of the
occupants of the premises and persons in the immediate vicinity thereof;
provided that any waiver of the provisions of this Code permitted
under this subsection shall be canceled and the Public Officer shall
strictly enforce the Code if it shall be ascertained subsequent to
the granting of the waiver that the premises are in fact not to be
acquired for any public use or purpose.
a.
Right to Hearing Where Application Denied. Upon denial of any application,
the owner, operator or occupant may request a hearing which shall
be held in accordance with provisions of subsection 14-11.6.
b.
Application Not to Constitute Defense or Stay. The 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 Township Council compelling strict enforcement
of any provisions of this Code.
c.
Record of Variations or Modifications Granted. Where variations or
modifications are approved of any section of this Code by the Public
Officer or by action of any court, a written record thereof stating
the name of the applicant, the address of the premises, the variation
or modification approved, date of approval, and the reasons therefor,
satisfying the provisions contained herein, shall be prepared by the
Public Officer and filed both under the section or sections of this
Code to which the variation or modification applies and under the
address of the premises, and such files shall be available for public
inspection in the office of the Public Officer during regular business
hours.
[1972 Code § 16-14.3]
The Public Officer shall in the month of December of each year
review with the Fire Chief, Health Officer, Township Engineer, Business
Administrator and Township Council, the procedure and operation of
this Code, and report to the Mayor and Township Council on or before
January 1:
a.
Any recommended amendment, addition or modification of provisions
of this Code consonant with the field experience of the personnel
charged with enforcement.
b.
A summary of the enforcement experience indicating number of violations
abated, number of cases processed in the Municipal Court, number of
inspections made and such other and further pertinent information
as will provide the Mayor and Township Council with an annual account
of progress in securing the standards required by this Code.
c.
Any further recommendations as to how the Code and the procedure
and operations thereunder can be improved.
[1972 Code § 16-15.1]
Whenever an owner, operator, occupant, prospective purchaser,
mortgagee or prospective occupant shall apply to the Public Officer
for an inspection in order to ascertain if any section of this Code
has been violated, the Public Officer shall, upon payment of the free
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 such inspection shall state in writing
his/her full name, residence and the reasons and basis for which the
inspection is requested. The Public Officer may deny the application
for failure to comply with this requirement.
[1972 Code § 16-15.2]
Where, in lieu of an inspection, an owner, operator, occupant,
lessee, prospective occupant requests a status report as to whether
or not there are any known violations presently pending on the premises,
upon payment of the fee prescribed herein, a copy of any notice or
order on any violation then pending shall be sent to the applicant.
[1972 Code § 16-15.3]
No inspection report issued under subsection 14-15.1, or status report under subsection 14-15.2 shall be construed as providing a defense against any violation of this Code or any other ordinance of the Township which may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report. The inspection or status report is provided as a convenience to the public and shall not constitute a limitation on the full enforcement of this Code. The inspection or status report shall include only such matters as are embraced in this Code.
[1972 Code § 16-15.4]
[1]
Editor's Note: Former subsections 14-16.1 and 14-16.2,
previously codified herein and containing portions of 1972 Code §§ 16-16.1
and 16-16.2 were repealed in their entirety by Ordinance No. 1715-00.
[1972 Code § 16-16.3]
If the Public Officer determines that access is necessary to
accomplish or complete repairs or improvements necessary for compliance
with this Code, then the Public Officer shall issue a Certificate
of Necessity setting forth therein the person or persons to whom the
Certificate shall apply, such conditions as shall be necessary to
protect the adjoining property, reasonable time limits during which
the certificate shall operate, precautions to be taken to avoid damage
and, where the Public Officer deems proper, that a bond be procured
at the expense of any of the persons seeking access to secure the
adjoining property against damage to persons or property arising out
of such rights of access. The bond shall not exceed in amount $10,000
and the amount set shall take into consideration the extent, nature
and duration of the repairs, the proximity of the improvement on the
premises affected and potential risk of damage thereto. The bond shall
be filed with the Public Officer.
[1972 Code § 16-16.4]
Any refusal to comply with this section or any interference with access to premises pursuant to a Certificate issued hereunder, shall be a violation of this Code, and in addition to penalties provided hereunder, the Public Officer may, upon affidavit, apply to the Judge of the Municipal Court for a warrant under the procedure set forth in subsection 14-11.2c,2 authorizing access to the premises under appropriate conditions and circumstances as provided under subsection 14-16.3.
[1972 Code § 16-17.1; Ord. No.
1715-00 § 8]
When the Public Officer on his or her own or his or her designee makes preliminary findings pursuant to subsection 14-17.6, the Public Officer shall make an inspection of any building believed to be unfit for human habitation or use.
[1972 Code § 16-17.2; Ord. No.
1715-00 § 9]
In making a determination of whether a building is unfit for
human habitation or use, the Public 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 shall not endanger
and jeopardize the health and safety of the occupants or persons in
the vicinity of the premises, and to that end he/she may consider,
among other factors:
a.
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.
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.
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.
Whether by reason of electrical wiring, conduits or equipment, heating
or cooking facilities, or lack of proper means of egress, there is
danger of fire, or in the case of fire, inadequate means of egress.
e.
Whether premises are deficient in one or more essential utilities,
including public sewer, water supply or electricity.
f.
Where premises were not designed or constructed for human habitation,
whether by reason of the same, occupancy constitutes an unnecessary
hazard to safety health.
g.
Whether premises are in violation of the Uniform Construction Code.
See N.J.A.C. § 5:23-2.32, et seq.
[1972 Code § 16-17.3; Ord. No.
1715-00 § 10]
After the Public Officer makes a determination as to whether
a building is unfit for human habitation or use, he or she shall make
an order based on an evaluation of health and safety factors for the
use of the premises as follows:
a.
That occupancy of all or part of the building be permitted for a
limited period of time not to exceed 30 days, upon condition that
all violations received 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.
That the building or any part thereof be ordered vacated within a
specified period not to exceed 30 days; entrance prohibited and signs
or notices that occupancy is prohibited be posted prominently 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 of
occupancy while it remains in effect.
c.
That by reason of the complete state of disrepair and the disproportionate
investment required to restore the building to habitable conditions
and the danger that the premises constitute, even while vacant, a
threat to the health or safety 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 whereon the building is to be ordered
vacated and demolished within a period of time not to exceed 60 days,
unless the owner after having the premises vacated, consents where
no emergency exists, in writing, to rehabilitate the building so that
it complies in all respects with this Code within six months and provides,
if required by the Public Officer to put the premises up for sale
on terms, conditions and limitations which would provide a reasonable
expectancy of securing the rehabilitation of the building thereon
within a reasonable period of time, and further agrees that if a sale
does not occur within the time specified, the Public Officer may thereafter
demolish the building without further notice or proceedings.
[1972 Code § 14-17.4; Ord. No.
1715-00 § 11]
When the premises are ordered vacated, all doors to the exterior will be locked and entrance prohibited. Conditions and the violations complained of shall be corrected within 30 days. Thereafter the owner or occupant affected thereby may request a reinspection which shall be provided upon the payment of a reinspection fee of $100. Based on the reinspection, the Public Officer shall either issue and order which shall revoke the previous order and permit from an 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 14-17.3. Upon compliance with the conditions contained in any order, the Public Officer shall permit the signs to be removed and the premises made available again for occupancy.
[1972 Code § 14-17.5; Ord. No.
1715-00 § 12]
Where the owner, operator or occupant fails to comply with an order hereunder to perform in accordance with any written commitment as provided herein or remove any notice posted pursuant hereto or any lock or bar without permission of the Public Officer, he or she shall be deemed in violation of this Code and subject to penalties. In addition the Public Officer may take such steps as may be necessary to compel vacation of any premises and to post signs prohibiting occupancy. Nothing herein can be construed to permit the Public Officer to demolish any property except pursuant to an agreement under subsection 14-17.3.
Upon failure to comply with any such order, the premises shall
constitute a public nuisance and the Public Officer may take such
further action of the criminal and civil laws of the State through
any court of competent jurisdiction as may be necessary to remove
or abate the nuisance.
[1972 Code § 16-17.6; Ord. No.
1715-00 § 13]
When Public Officer makes preliminary findings that conditions on the premises constitute an immediate and substantial threats to the safety or health of occupants or persons in proximity to the premises, he or she may order and direct that the premises be vacated immediately and signs or notice be posted prohibiting occupancy thereof, and that the premises be locked as provided in subsection 14-17.4.
[1972 Code § 16-18]
The owner and operator and lessor of any premises within the Township occupied by five or more families as tenants of the owner, operator or lessor of the premises shall, on or before January 1, 1965, upon a form provided therefor by the Public Officer and available at his office, register the premises designating thereon the name and address of the owner, the name and address of any lessor or operator other than the owner and the name and address of an agent in charge of the premises residing in the Township who may be the owner, operator or lessor, provided that establishments subject to licensing which have secured licenses pursuant to subsection 14-10.1 et seq. are hereby exempted from the requirements of this section. If there shall be more than one person as owner, operator and lessor, than separate or a single combined registration may be filed as the persons may elect.
[Ord. No. 2388-13]
The purpose of this section is to enable the Township to take
effective action to ensure that disorderly conduct, when it occurs
on rental properties within the Township, shall not be repeated, and
that landlords be held to sufficient standards of responsibility in
order to preserve peace, health, and safety within the Township.
[Ord. No. 2388-13]
As used in this section:
Shall mean 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.
Shall mean a person designated to institute proceedings on
behalf of the Township to require any landlord to post a bond with
the Township pursuant to this section.
Shall mean a complaint which may form the basis for proceedings in accordance with subsection 14-19.6 of this section.
[Ord. No. 2388-13]
If, in any twenty-four-month period, two or more complaints,
on separate occasions, of conduct upon or in proximity to any rental
premises, and attributable to the acts or incitements of any of the
tenants of those premises, have been substantiated by prosecution
and conviction in any court of competent jurisdiction as a violation
of any provision of Title 2C of the New Jersey Statutes or any provision
of the Revised General Ordinances of the Township governing disorderly
conduct, the Public Official may institute proceedings to require
the landlord of those premises to post a bond against the consequences
of future incidents of the same character.
[Ord. No. 2388-13]
a.
In the event a tenant is convicted of any of the conduct described
in subsection 14-19.3a, the Public Official shall cause notice, advising
that the conduct specified has occurred, to be served on the landlord,
in person or by registered mail, at the address appearing on the tax
records of the Township.
b.
The Public Official shall cause to be served upon the landlord, in
person or by registered mail to the address appearing on the tax records
of the Township, notice advising of the institution of proceedings
under this section, together with the particulars of the substantiated
complaints upon which those proceedings are based, and of the time
and place at which a hearing will be held in the matter, which shall
be in the Municipal Building, Municipal Court or other public place
within the Township, and which shall be no sooner than 30 days from
the date upon which the notice is served or mailed.
[Ord. No. 2388-13]
The Hearing Officer shall be a licensed attorney appointed by
the Mayor. A Hearing Officer shall not own or lease any real property
within the Township, nor hold any interest in the assets of or profits
arising from the ownership or lease of such property.
[Ord. No. 2388-13]
At the hearing convened pursuant to this section, the Hearing Officer shall give full hearing to both the complaint of the Township and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. The Hearing Officer may consider, to the extent deemed relevant by the Hearing Officer, prior complaints about the residents of the property, even if those complaints did not result in conviction. At the conclusion of the hearing, the Hearing Officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of subsection 14-19.6 of this section.
[Ord. No. 2388-13]
a.
Any bond required to be posted pursuant to this section shall be
in accordance with the judgment of the Hearing Officer, in light of
the nature and extent of the offenses indicated in the substantiated
complaints upon which the proceedings are based, to be adequate in
the case of subsequent offenses to make reparation for (1) damages
likely to be caused to public or private property and damages consequent
upon disruption of affected residents' rights of fair use and
quiet possession of their premises, (2) securing the payment of fines
and penalties likely to be levied for such offenses, and (3) compensating
the Township for the costs of repressing and prosecuting such incidents
of disorderly behavior; but no such bond shall be in an amount less
than $500 or more than $5,000. The Township may enforce the bond thus
required by action in the Superior Court of New Jersey and shall be
entitled to an injunction prohibiting the landlord from making or
renewing any lease of the affected premises for residential purposes
until that bond or equivalent security, in satisfactory form and amount,
has been deposited with the Township.
b.
A bond or other security deposited in compliance with subsection
14-19.6a of this section shall remain in force and on deposit with
the Township for a period of four years. Upon expiration of the four-year
period, the landlord shall be entitled to the discharge thereof, unless
prior thereto further proceedings leading to a forfeiture of the bond
or other security shall have occurred, in which case the security
shall be renewed, in an amount and for a period that shall be specified
by the Hearing Officer.
[Ord. No. 2388-13]
a.
If, during the period for which a landlord is required to give security pursuant to subsection 14-19.7 of this section, a substantiated complaint is recorded against the property in question, the Public Official may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in subsection 14-19.7b of this section, or for an increase in the amount of security required, or for any or all of those purposes.
b.
Any forfeiture or partial forfeiture of security shall be determined by the Hearing Officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 14-19.7a of this section. Any decision of the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection 14-19.7a of this section, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which the proceedings arise indicate the appropriateness of such change in order to carry out the purposes of this section effectually. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in subsection 14-19.7a of this section.
[Ord. No. 2432-14]
The purpose of this section is to enable the Township to regulate
the care, maintenance, security and upkeep of the exterior of vacant
and abandoned residential properties on which a summons and complaint
in an action to foreclose has been filed.
[Ord. No. 2432-14]
As used in this section:
Shall mean a creditor serving a summons and complaint on
a mortgage on residential property within the Township.
Shall mean a document prepared by the foreclosing creditor
providing notice to the Township of the initiation of a foreclosure
action regarding residential property within the Township. The foreclosure
notice shall also include the street address, lot and block number
of the property that is the subject of the foreclosure action. In
the event that the property being foreclosed on is an affordable unit
pursuant to the "Fair Housing Act," P.L. 1985, c. 222, then the foreclosing
creditor shall expressly indicate that the property is subject to
the "Fair Housing Act." If the foreclosing creditor is located outside
of New Jersey, the foreclosure notice shall set forth the name and
contact information for an in-State representative of the foreclosing
creditor, who shall be authorized to accept service on behalf of the
foreclosing creditor, and who shall be responsible for receiving notices
and complaints arising under this Code.
[Ord. No. 2432-14; Ord. No. 2468-15]
a.
A foreclosing creditor shall, within 10 days of serving a summons
and complaint, submit a foreclosure notice to the Township Clerk.
b.
Upon receipt of a foreclosure notice, the Township Clerk shall provide
a copy of the foreclosure notice to the Zoning Officer and/or their
designee(s) for enforcement of property maintenance regulations.
c.
Once a foreclosing creditor is vested with legal title to the property
and upon filing the deed with the County Clerk, the foreclosing creditor
shall simultaneously provide the Township Clerk with a copy of the
deed.
[Ord. No. 2432-14]
Any out-of-State foreclosing creditor that is found to be in
violation of the requirement to appoint an in-State representative
through the filing of a foreclosure notice shall be subject to a fine
of $2,500 for each day of the violation. Any fines imposed on a foreclosing
creditor for failure to appoint an in-State representative shall commence
on the day after the ten-day period set forth in subsection 20.3a
for providing notice to the Township Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
[Ord. No. 2432-14; Ord. No. 2468-15]
In the event that any residential property becomes vacant and abandoned subsequent to a foreclosing creditor's filing of a summons and complaint but prior to the vesting of title in the foreclosing creditor or any third party, a foreclosing creditor shall assume all duties imposed upon owners and operators of property, pursuant to subsections 14-8.1 and 14-8.2 of this chapter and subsection 20-5.1 of Chapter 20, with respect to the subject property. The foreclosing creditor, within 10 days of receiving notice that the property is vacant and abandoned, shall also provide a copy of an annual contract with the Township Clerk that sets forth the name and contact information of the representative who shall be responsible for the care, maintenance, security and upkeep of the exterior property and ensure compliance with subsections 14-8.1 and 14-8.2 of this chapter and subsection 20-5.1 of Chapter 20, with respect to the subject property. The foreclosing creditor shall also provide the name and contact information of the foreclosing attorney and the name and contact information of the servicer of the loan. The foreclosing creditor has a continuing obligation to update all information throughout the foreclosure process.
[Ord. No. 2432-14]
a.
The Zoning Officer and/or the Zoning Officer's designee for enforcement of property maintenance regulations shall be authorized to issue a notice to the foreclosing creditor if the Zoning Officer and/or the Zoning Officer's designee determines that the foreclosing creditor has violated subsection 14-20.5 of this chapter.
b.
A notice issued pursuant to paragraph a above shall require the person
or entity to correct the violation within 30 days of receipt of the
notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
[Ord. No. 2432-14]
A foreclosing creditor found to be in violation of subsection 14-20.5 of this chapter shall be subject to a fine of $1,500 for each day of the violation. Fines shall begin to accrue 31 days following receipt of the notice provided for in subsection 14-20.6 of this chapter, except if the violation presents an imminent risk to public health and safety, in which case any fines shall begin to accrue 11 days following receipt of such notice.
[Ord. No. 2432-14]
If the Township expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the foreclosing creditor was given notice pursuant to subsection 14-20.6 of this chapter but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the foreclosing creditor as it would have against the title owner of the property.
