[Ord. #550; 1972 Code § 45-1]
a.
There is hereby established in the Borough a State Uniform Construction
Code enforcing agency to be known as the "Building Department of Brielle,"
consisting of a Construction Official, Building Subcode Official,
Plumbing Subcode Official, Electrical Subcode Official, Fire Protection
Subcode Official and such other subcode officials for such additional
subcodes as the Commissioner of the Department of Community Affairs,
State of New Jersey, shall hereafter adopt as part of the State Uniform
Construction Code. The Construction Official shall be the chief administrator
of the enforcing agency. The Borough of Brielle shall have the power
to provide by resolution for the appointment and to delineate the
functions, powers, duties and responsibilities of all enforcing agency
officials that are necessary and proper for the operation of the Uniform
Construction Code enforcing agency.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, C.
217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any
particular subcode official, an on-site inspection agency may be retained
by contract, pursuant to N.J.A.C. 5:23. More than one such official
position may be held by the same person, provided that such person
is qualified pursuant to P.L. 1975, C. 217, and N.J.A.C. 5:23 to hold
each such position.
c.
The public shall have the right to do business with the enforcing
agency at one office location, except for emergencies and unforeseen
or unavoidable circumstances.
The Borough of Brielle will not appoint a Board of Appeals but
will leave appeals to the jurisdiction of the County of Monmouth.
[Ord. #550; Ord. #616; 1972 Code § 45-3; Ord. #725,
§ 1; Ord. #767; Ord. #775; Ord. #806; Ord. #829; Ord. #851;
Ord. #913; Ord. #917; Ord. #1020; amended 9-13-2021 by Ord. No. 1111]
The Borough of Brielle is a participant in a Regional Construction
Office. Therefore, in compliance with the regulations promulgated
by the State of New Jersey Department of Community Affairs, all fees
shall be in accordance with the master fee schedule as established
by the community hosting the regional Construction Office. Currently
that community is the Borough of Spring Lake.
All current and future fee schedules shall be in compliance
with the master fee schedule for the duration of the Borough of Brielle’s
membership in the Regional Construction Office.
[Ord. #550; 1972 Code § 45-4]
a.
The fire limits heretofore established by the applicable Borough
ordinances shall be considered to be the fire limits established as
required by N.J.A.C. 5:23.
b.
The Construction Official shall prepare and submit to the Governing
Body, biannually, a report reevaluating the delineation of the fire
limits. This report shall indicate the recommendations of the Construction
Official, the Building Subcode Official and the Fire Subcode Official
regarding those areas which should be designated as within fire limits,
with the reasons therefor.
[Ord. #550; 1972 Code § 45-6]
This section shall take effect on January 1, 1977, after publication
according to law, and a copy shall be forwarded to the Department
of Community Affairs.
[Ord. #484; 1972 Code § 60A-1]
a.
Title. This section shall be known as the "Minimum Housing Standards
for Dwellings and Multifamily Dwellings" and is herein referred to
as the "Housing Ordinance" or "this code."
b.
Purpose. The purpose of this section is to protect the public health,
safety and welfare in buildings rented, sold, transferred or leased
for dwelling purposes, as hereinafter provided, by:
1.
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space heating and sanitation for safety from
fire; for space, use and location, for safe and sanitary maintenance;
and for cooking equipment in all dwellings and multifamily dwellings
now in existence.
2.
Fixing the responsibilities of owners of dwellings and their agents
and employees.
3.
Providing for administration, enforcement and penalties.
c.
Matters Covered. The provisions of this Housing Ordinance shall apply to all dwelling units in the Borough which shall be rented, sold, transferred or leased. It is the intent of the Governing Body that the same shall not be permitted to become substandard with respect to structure, protection against fire hazard; equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions and overcrowding, or otherwise be deemed to constitute a menace to the safety, health and welfare of their occupants, except as provided in subsection 9-2.2d. The existence of such conditions, factors, or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards. For purposes of this provision, the date of rental, sale, transfer or lease shall mean the date on which the tenant, purchaser or transferee occupies the premises for dwelling purposes, regardless of the date of any instrument evidencing intent to do so.
d.
Travel trailers and Mobile Homes. All movable units used for human
habitation and the areas, grounds or parcels on which they are located,
insofar as they are applicable hereto and not in conflict herewith,
shall comply with the requirements of this Housing Ordinance.
[Ord. #484; 1972 Code § 60A-2]
a.
Application of State Uniform Construction Code. Any alterations to
buildings, or changes of use therein, which may be caused directly
or indirectly by the enforcement of this section, shall be done in
accordance with the applicable sections of the State Uniform Construction
Code.
b.
Application of Zoning Law. Nothing in this section shall permit the
establishment or conversion of a multifamily dwelling in any zone
except where permitted by the zoning law, nor the continuation of
such nonconforming use in any zone except as provided therein.
c.
Conflict with other Ordinance. Except as provided in paragraph a
of this subsection, in any case where a provision of this section
is found to be in conflict with a provision of any zoning, building,
fire, safety or health ordinance or code of the Borough, the provisions
of the section best promoting the safety and health of the people
shall prevail. In any case where a provision of this section is found
to be in conflict with a provision of any other ordinance or code
of the Borough which establishes a lower standard for the promotion
and protection of the safety and health of the people, the provisions
of this section shall prevail, and such other ordinances or codes
are hereby declared to be repealed to the extent that they may be
found in conflict with this section.
d.
Existing Buildings. This section establishes minimum requirements
for the initial and continued occupancy of all buildings used for
human habitation and does not replace or modify requirements otherwise
established for the construction, repair, alteration or use of buildings,
equipment or facilities, except as provided in this section.
e.
Existing Remedies. Nothing in this section shall be deemed to abolish or impair existing remedies of the Borough or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary, in accordance with Section 9-3 of this Chapter.
[Ord. #484; 1972 Code § 60A-3]
It shall be the duty and responsibility of the Construction
Code Official or his authorized representative to enforce the provisions
of the Housing Ordinance as herein provided:
a.
Procedures and Regulations. The Construction Code Official shall
have the power to establish procedures and regulations in order to
carry out, in a practical manner, the terms and provisions of this
Housing Ordinance, provided that the spirit and purposes of this section
shall be observed, public safety secured and substantial justice done.
The particulars of such procedures and regulations, and the decisions
of the Construction Code Official thereon, shall be entered upon the
records and a signed copy shall be furnished upon request.
b.
Coordination of Enforcement. Inspection of premises and issuing of
orders in connection therewith under the provisions of this section
shall be the exclusive responsibilities of the Construction Code Official
of the Borough. Whenever, in the opinion of the Construction Code
Official, it is necessary or desirable, he shall arrange for this
to be done in such manner that the owners or occupants of buildings
shall not be subjected to visits by numerous inspectors nor to multiple
or conflicting orders. No orders for correction of any violation under
this section shall be issued without the approval of the Construction
Code Official, and it shall be the responsibility of that official
before issuing any such order to determine that it has the concurrence
of any other department or officer of the government concerned with
any matter involved on the case in question.
c.
Administrative Liability. Except as may otherwise be provided by
statute or local law or ordinance, no officer, agent or employee of
the Borough charged with the enforcement of the Housing Ordinance
shall render himself personally liable for any damage that may accrue
to persons or property as a result of any act required or permitted
in the discharge of his duties under this section. No person who institutes
or assists in the prosecution of criminal proceedings under this section
shall be liable to damages hereunder unless he acted with actual malice
and without reasonable grounds for believing that the person accused
or prosecuted was guilty of an unlawful act or omission. Any suit
brought against any officer, agent or employee of the Borough of Brielle,
as a result of any act required or permitted in the discharge of his
duties under this section, shall be defended by the legal representatives
of the Borough until the final determination of the proceedings therein.
d.
Inspections.
1.
The Construction Code Official shall make or cause to be made inspections
to determine the conditions of dwellings and dwelling units to be
rented, sold, transferred or leased, in order to safeguard the safety,
morals and welfare of the public under the provisions of this section.
The Construction Code Official is authorized to enter any dwelling,
dwelling unit, multifamily dwelling, rooming house or premises at
any reasonable time for the purpose of performing his duties under
this ordinance. The owner, operator or occupant of every dwelling,
multifamily dwelling, dwelling unit, rooming unit or the person in
charge thereof shall give the Construction Code Official free access
thereto and to all parts thereof and to the premises on which it is
located at all reasonable times for the purpose of such inspection,
examination and survey.
2.
It shall be unlawful for any person to refuse entrance to or to impede
an inspector or officer authorized under this ordinance in the performance
of his duties, and every such inspector or officer shall have the
right to enter, examine or survey all premises, grounds, structures,
dwellings or rooming houses and every part thereof at all reasonable
times upon display of proper identification.
3.
If any owner, occupant or other person in charge of a dwelling, dwelling
unit or rooming unit, or a multifamily or rooming house, subject to
the provisions of this ordinance refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to every part of
the structure or premises where inspection authorized by this ordinance
is sought, the administrative authority may seek, in a court of competent
jurisdiction, an order that such owner, occupant or other person in
charge cease and desist with such interference.
e.
Access by Owner or Operator. Every occupant of a dwelling unit or
rooming unit shall give the owner or operator thereof, or his agent
or employee, access to any part of such dwelling unit, rooming unit
or its premises at reasonable times for the purpose of making such
inspections, maintenance, repairs or alterations as shall be necessary
to comply with the provisions of this section.
f.
Time of Inspections. To the fullest practicable extent, consistent
with the meaning and purpose of this section, all inspections shall
be made at times mutually convenient to the person making such inspection
and the owner and/or occupant of the premises which are the subject
of the inspection.
[Ord. #484; 1972 Code § 60A-4; New; Ord. #792;
Ord. #919; Ord. #956; amended 10-26-2020 by Ord. No. 1097]
a.
Responsibility. No owner, agent or employee of any owner, real estate
agent or broker, firm, company, partnership, corporation or other
person shall sell, rent, transfer, grant, lease, let, mortgage with
right of occupancy or otherwise dispose of the ownership or occupancy
thereof (whether or not for a consideration and whether such disposal
or ownership or occupancy be temporary or permanent) any dwelling
unit, hotel, motel, rooming house, rooming unit, boarding house or
premises on which a building is located and is used for human occupancy,
unless a certificate of occupancy certifying that the building and
premises are in compliance with all applicable ordinances of the Borough
shall first be obtained from the Borough. Such a certificate of occupancy
shall be granted or denied within 10 days from the date of the application
for the same.
b.
Forms. The Borough shall cause to be prepared appropriate application
forms for such certificate of occupancy, which forms shall be available
at the office of the Borough Clerk, and the Borough shall cause to
be prepared appropriate forms of such certificate of occupancy.
c.
A charge to cover the cost of inspection in connection with such
application shall be paid to the Borough at the time the application
is filed and shall not be refundable.
d.
Fee Schedule:
|
Application filed ten (10) or more days before occupancy
|
$100
|
|
Application filed less than ten (10) and more than five (5)
days before occupancy
|
$150
|
|
Application filed less than five (5) days and more than two
(2) days before occupancy
|
$200
|
|
Application filed less than two (2) days before occupancy
|
$250
|
e.
Reinspection Fee. A charge of $50 to cover the cost of a reinspection
with such application shall be paid to the Borough at the time the
inspection is requested. Each request for a reinspection shall constitute
a separate request and require a separate fee.
[Ord. #484; 1972 Code § 60A-5]
a.
Notice. Notice of violations shall be served upon the owner of record
by one of the following methods:
1.
By delivery to the owner personally, or by leaving the notice at
the usual place of abode of the owner with a person of suitable age
and discretion.
2.
By certified or registered mail addressed to the owner at his last
known address with postage prepaid thereon.
3.
By posting and keeping posted on the premises for 24 hours a copy
of the notice.
b.
Prosecution. In case any violation order is not promptly complied
with, the Construction Code Official may request the legal representative
of the Borough to institute an appropriate action or proceeding at
law or in equity against the person responsible for the violations,
ordering him:
c.
Summary Abatement Under Certain Conditions.
1.
Where the violations or conditions existing on the premises under
any section of this section or other ordinance of the Borough are
of such a nature as to constitute an immediate threat to life, health,
safety and the well-being of residents of the Borough unless abated
without delay, the Construction Code Official may either abate the
violation or condition immediately or order the owner, operator or
occupant to correct the violation or condition within a period of
time not to exceed three days, and upon the failure of such owner,
operator or occupant to do so, the Construction Code Official shall
abate the condition immediately thereafter.
2.
The Construction Code Official shall submit to the Borough Council a report of the work done and expenses incurred to abate said condition, and the governing body may thereupon by resolution approve the expenses and costs therefor, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution shall be certified by the Borough Clerk and filed with the Collector of Taxes of the Borough, who shall be responsible for the collection thereof, and a copy of the report and resolution shall be served upon the owner of the premises in the manner set forth in subsection 9-2.5.
d.
Penalties. Any person, firm or corporation violating any of the provisions
of this section shall, upon conviction thereof, be liable to the penalty
stated.
[Ord. #484; 1972 Code § 60A-6]
a.
Any notice served pursuant to subsection 9-2.5b shall automatically become an order, if a written petition for a hearing is not filed as provided herein.
b.
Any persons affected by any notice which has been issued in connection
with the enforcement of any provisions of this section, or of any
rule or regulation adopted pursuant thereto, shall, upon written request,
be granted a hearing on the matter before the Construction Code Official,
provided that such written request shall include a brief statement
of the grounds therefor, and shall be filed in the Borough offices
within 10 days after the day the notice was served. Upon receipt of
such petition the Construction Code Official shall set a time and
place for such hearing and shall give the petitioner written notice
thereof. At such hearing the petitioner shall be given an opportunity
to be heard and show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that upon application of
the petitioner the Construction Code Official may postpone the date
of the hearing for a reasonable time beyond such ten-day period if
in his judgment the petitioner has submitted a good and sufficient
reason for such postponement.
c.
After such hearing the Construction Code Official shall sustain,
modify or withdraw the notice, depending upon his findings as to whether
the provisions of this Housing Ordinance and of the rules and regulations
adopted pursuant thereto have been complied with. If the Construction
Code Official sustains or modifies such notice, the same shall be
deemed to be an order. After a hearing in the case of any notice suspending
any permit required by this section or by any rule or regulation adopted
pursuant thereto, when such notice has been sustained by the Construction
Code Official, the permit shall be deemed to have been revoked. Any
such permit which has been suspended by a notice shall be deemed to
be automatically revoked if a written petition for a hearing is not
filed as provided herein.
d.
The proceedings at such hearing, including the findings and decisions
of the Construction Code Official, shall be summarized, reduced to
writing and entered as a matter of public record in the borough offices.
Such record shall also include a copy of every notice or order issued
in connection with the matter. Any person aggrieved by the decision
of the Construction Code Official may seek relief therefrom in any
court of competent jurisdiction, as provided by the laws of New Jersey.
e.
Whenever the Construction Code Official finds that an emergency exists
which requires immediate action to protect the public health, he may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as he deems
necessary to meet the emergency. Notwithstanding the other provisions
of this section, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon written petition to the Construction Code Official, shall
be afforded a hearing within 48 hours.
f.
After such hearing, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Construction Code Official shall continue such order in effect, modify it or revoke it. The said findings shall be recorded as set forth in subsection 9-2.6.
[Ord. #484; 1972 Code § 60A-8]
a.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; and
the singular number includes the plural and the plural the singular.
b.
Terms Defined in the State Uniform Construction Code. Where terms
are not defined in this section and are defined in the State Uniform
Construction Code, they shall have the meanings ascribed to them as
in the State Uniform Construction Code.
c.
Terms not Defined. Where terms are not defined under the provisions
of this section or under the provisions of the State Uniform Construction
Code, they shall have ascribed to them their ordinarily accepted meanings
or such as the context herein may imply.
[Ord. #484; 1972 Code § 60A-9; Ord. No. 1017]
As used in this section:
Shall mean a structure, the use of which is incidental to
that of the main building and which is attached thereto or located
on the same premises.
As applied to a material, device or method of construction,
shall mean approved by the Construction Code Official under the provisions
of this section or approved by other authority designated by law to
give approval in the matter in question.
Shall mean a portion of the building partly underground,
but having less than 1/2 its clear height below the average grade
of the adjoining ground. See "cellar."
Shall mean a building arranged for use for lodging with or
without meals, for compensation, for more than three and not more
than 20 individuals.
[1]Shall mean any building or structure or part thereof used
for human habitation, use or occupancy, and including any accessory
buildings and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the portion of the building partly underground,
having 1/2 or more than 1/2 of its clear height below the average
grade of the adjoining ground.
Shall mean a building arranged or used for lodging three
but not more than 20 individuals and having common toilet and bathroom
facilities.
[2]Shall mean any room or group of rooms located within a building
and forming a single habitable unit with facilities which are used
or designed to be used for living, sleeping, cooking and eating.
[3]Shall mean any building, including a so-called motel type
of operation which has facilities as described in the following definition
of dwelling unit, which is wholly or partly used or intended to be
used for living or sleeping by human occupants; provided, however,
that temporary housing as hereinafter defined shall not be regarded
as a dwelling.
[4]Shall mean the open space on the premises and on adjoining
property under the control of owners or operators of such premises.
Shall mean the control and elimination of insects, rodents
or other pests by eliminating their harborage places; by removing,
or making inaccessible, materials that may serve as their food; by
poison, spraying, fumigating or trapping; or by other approved pest
elimination methods.
Shall mean one or more persons living together as a single
nonprofit housekeeping unit which exhibits the kind of stability,
permanency and functional life-style and relationships which is equivalent
to that of the traditional family unit, as distinguished from individuals
or groups occupying a hotel, club, group home, boarding house or similar
arrangement. The foregoing shall not be construed to permit an owner
of property in a single-family district to solicit the public at large
to rent rooms.
Shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
Shall mean the total of all habitable space in a building
or structure.
Shall mean a room or enclosed floor space arranged for living,
eating and sleeping purposes, including kitchen, kitchenette, living
room, dining room and bedroom (but excluding bathroom, water closet
compartments, laundries, pantries, foyers, hallways and other necessary
floor space).
Shall mean a building arranged or used for sheltering, sleeping
or feeding more than 20 individuals for compensation.
[5]Shall mean the presence, within or contiguous to a multifamily
dwelling, dwelling unit, rooming house, rooming unit or premises,
of insects, rodents, vermin or other pests.
Defined the same as a hotel.
Shall mean any dwelling containing more than two dwelling
units.
Shall mean a building containing more than two dwelling units.
[6]Shall mean any person over one year of age (including the
owner or occupant) living and sleeping in a dwelling unit or having
actual possession of the dwelling or rooming unit.
Shall mean that part of a window or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Shall mean any person who has charge, care or control of
a multifamily dwelling or rooming house in which dwelling units or
rooming units are let or offered for occupancy.
Shall mean any person who, alone or jointly or severally
with others:
Shall have legal title to any dwelling or dwelling unit with
or without accompanying actual possession thereof.
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or as executor or as executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this section and the rules
and regulations adopted pursuant thereto to the same extent as if
he were the owner.
Shall mean an individual, firm, corporation, association
or partnership.
Shall mean water heating facilities, water pipes, gas pipes,
garbage and disposal units, waste lavatories, bathtubs, shower baths,
installed clothes washing machines or other similar equipment, catch
basins, drains, vents or other similarly supplied fixtures, together
with all connections to water, gas, sewer or vent lines.
Shall mean a lot, plot or parcel of land including the building
or structure thereon.
[7]Shall mean a building in which sleeping accommodations or
sleeping accommodations and cooking facilities as a unit are provided,
except when classified as an institution under the Building Code.
[8]Shall mean any dwelling, including a so-called motel type
of operation used for sleeping and living but not for dwelling, containing
one or more rooming units, in which space is let by the owner or operator
to three or more persons who are not husband or wife, son or daughter,
mother or father, sister or brother of the owner or operator.
[9]Shall mean any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not
for cooking or eating purposes.
Shall mean combustible and noncombustible waste materials,
except garbage, including the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery, dust and other similar
materials.
Shall mean installed, furnished or provided by the owner
or operator.
Shall mean any tent, trailer or other structure used for
human shelter which is designed to be transportable and which is not
attached to the same premises for more than 30 consecutive days.
Shall mean a building containing two units with not more
than three lodgers or boarders per family, but not more than a total
of 20 individuals per building.
Shall mean the process of supplying and removing air by natural
or mechanical means to or from any space.
Whenever the words "workmanlike state of maintenance and
repair" are used in this section, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
Shall mean an open unoccupied space on the same lot with
a building extending along the entire length of a street, or rear
or interior lot line.
[1]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[2]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[3]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[4]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[5]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[6]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[7]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[8]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[9]
Whenever the words “dwelling,” “multifamily
dwelling,” “residence building,” “dwelling
unit,” “rooming house,” “rooming unit,”
“premises” or any words connoting the same are used in
this section, they shall be construed as though they were followed
by the words “or any part thereof.”
[Ord. #484; 1972 Code § 60A-10]
a.
Scope. The provisions of this section shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans (except as exempted by subsection 9-2.2d hereof), and the premises on which it stands, shall comply with conditions herein prescribed, as they shall apply thereto.
b.
Exterior Property Areas. No person shall rent, sell, transfer or
lease to another for occupancy any dwelling unit for the purpose of
living therein, which does not comply with the following requirements:
1.
Sanitation. All exterior property areas shall be maintained in a
clean and sanitary condition free from any accumulation of rubbish
and garbage.
2.
Refuse Containers. Refuse containers shall be so constructed as to
hold their contents without leakage and shall be provided with a tight-fitting
cover and not exceed 70 pounds in weight when loaded. No container
shall be larger than 30 gallons in size.
3.
Noxious Weeds. All exterior property areas shall be kept free from
species of weeds or plant growth which are noxious or detrimental
to the public health.
4.
Grading and Drainage. All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon, or within
any building or structure located thereon.
5.
Insect and Rodent Harborage. Every owner of a dwelling shall be responsible
for the extermination of insects, rodents, vermin or other pests in
all exterior areas of the premises.
[Ord. #484; 1972 Code § 60A-11]
No person shall rent, sell, transfer or lease to another for
occupancy any dwelling or portion thereof which does not comply with
the following requirements:
a.
Foundations, Walls, and Roof. Every foundation, exterior wall and
all other exterior surfaces shall be maintained in a workmanlike state
of maintenance and repair and shall be kept in such condition as to
exclude rodents.
b.
Foundations. The foundation elements shall adequately support the
building at all points.
c.
Exterior Walls. Every exterior wall shall be free of holes, breaks,
loose or rotting boards or timbers and any other conditions which
may admit rain or dampness to the interior portions of the walls or
to the occupied spaces of the building, and all exposed surfaces thereof
subject to deterioration shall be protected by a protective coating
appropriate for the particular material involved.
d.
Roofs. The roof shall be structurally sound, tight and have no defects
which may admit water, and roof drainage shall be adequate to prevent
rainwater from causing dampness in the walls or interior portion of
the building.
e.
Drainage. Leaders and drain pipes shall be securely fastened to the
building and maintained in good condition, free of leaks, kept clean
and free of obstructions, and shall direct stormwaters into drainage
systems and away from foundation walls of the structure.
f.
Stairs, Porches and Railings. Stairs and other exit facilities shall
be adequate for safety, as provided in the State Uniform Construction
Code, and shall comply with paragraph g and h of this subsection.
g.
Structural Safety. Every outside stair, every porch and every appurtenance
attached thereto shall be so constructed as to be safe to use and
capable of supporting the loads to which it is subjected as required
by the State Uniform Construction Code, and shall be kept in sound
condition and good repair.
h.
Handrails. When the Construction Code Official deems it necessary
for safety, every flight of stairs which is more than two risers high
shall have handrails which shall be located as required by the State
Uniform Construction Code, and every porch which is more than two
risers high shall have handrails so located and of such design as
required by the State Uniform Construction Code. Every handrail and
balustrade shall be firmly fastened and shall be maintained in good
condition.
i.
Windows, Doors and Hatchways. Every window, exterior door and basement
hatchway shall be substantially tight and shall be kept in sound condition
and repair.
j.
Windows to be Glazed. Every window sash shall be fully supplied with
glass window panes or an approved substitute which are without open
cracks or holes.
k.
Windows to be Tight. Every window sash shall be in good condition
and fit reasonably tight within its frame.
l.
Windows to be Openable. Every window, other than a fixed window,
shall be held in position by window hardware.
m.
Door Hardware. Every exterior door, door hinge and door latch shall
be maintained in good condition.
n.
Doors to Fit in Frame. Every exterior door, when closed, shall fit
reasonably well within its frame.
o.
Window and Door Frames to Fit Wall. Every window, door and frame
shall be constructed and maintained in such relation to adjacent wall
construction so as to exclude water and substantially to exclude wind
from entering the building.
p.
Basement Hatchways. Every basement window hatchway shall be so constructed
and maintained as to prevent the entrance of rodents, rain and surface
drainage water into the building.
q.
Exit Doors. Every door available as an exit shall be capable of being
opened from the inside easily and without the use of a key.
r.
Screening. Guards and screens shall be supplied for protection against
rodents and insects in accordance with the provisions of paragraphs
s and t of this subsection.
s.
Guards for Basement Windows. Every basement or cellar window, including
any storm window, which is openable shall be supplied with corrosion-resistant
rodentproof shields or wire mesh screens, or with other materials
affording equivalent protection against entry of rodents.
t.
Insect screens. From May 1 through October 31 of each year, every
door opening directly from any dwelling or multifamily dwelling to
the outdoors, and every window or other outside opening used for ventilation
purposes, shall be supplied with a screen, and every swinging screen
door shall have a self-closing device in good working condition, except
that no such screen shall be required for a dwelling unit on a floor
above the fifth floor.
[Ord. #484; 1972 Code § 60A-12]
No person shall rent, sell, transfer or lease to another for
occupancy any dwelling or portion thereof which does not comply with
the following requirements:
a.
Absence of Dampness. Cellars, basements and crawl spaces shall be
maintained reasonably free from dampness to prevent conditions conducive
to decay or deterioration of the structure as required by the State
Uniform Construction Code.
b.
Structural Members. The supporting structural members shall be maintained
structurally sound showing no evidence of deterioration which would
render them incapable of carrying the imposed loads in accordance
with the provisions of the State Uniform Construction Code.
c.
Interior Stairs and Railings. Stairs shall be provided inside every
structure as required by the State Uniform Construction Code.
d.
Maintenance of Interior Stairs. The interior stairs of every structure
shall be maintained in sound condition and good repair by replacing
treads and risers that evidence excessive wear or are broken, warped
or loose. All interior stairs shall be so constructed and maintained
as to be safe to use and capable of supporting a load as required
by the provisions of the State Uniform Construction Code.
e.
Handrails. Every stairwell and every flight of stairs which is more
than two risers high shall have handrails or railings located in accordance
with the provisions of the State Uniform Construction Code. Every
handrail shall be firmly fastened and shall be maintained in good
condition. Properly balustraded railings, capable of bearing normally
imposed loads as required by the State Uniform Construction Code,
shall be placed on the open portions of stairs, balconies, landings
and stairwells.
f.
Floors; Doors. Interior floors and doors shall be kept in good repair
and capable of the use intended by their design. Every toilet and
bathroom floor surface shall be constructed and maintained so as to
be substantially impervious to water and so as to permit such floor
to be easily kept in a clean and sanitary condition.
h.
Insect and Rodent Harborage. Buildings shall be kept free from insect
and rodent infestation, and where insects or rodents are found they
shall be promptly exterminated by acceptable processes which are not
injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
i.
Extermination from Buildings. Every owner shall be responsible for
the extermination of insects, rodents, vermin or other pests whenever
infestation exists in two or more of the dwelling units or in the
shared or public parts of the structure.
j.
Maintenance of Interior Dwelling Units. Interior walls, ceilings
and other exposed surfaces shall be kept smooth, clean, free of flaking,
loose or peeling paint, plaster or paper and capable of being maintained
free of visible foreign matter and vermin, and in a sanitary condition.
Where necessary to accomplish the foregoing or any part thereof, by
reason of the nature of the surface material, such interior walls
shall be painted, papered, plastered or otherwise provided with a
protective coating.
[Ord. #484; 1972 Code § 60A-13]
a.
Basic Facilities. No person shall occupy as owner-occupant, or let
to another for occupancy, any dwelling unit, for the purpose of living,
sleeping, cooking or eating therein, which does not comply with the
requirements of this subsection.
b.
Sanitary Facilities. The following minimum sanitary facilities shall
be supplied and maintained in sanitary safe working condition:
1.
Water closet. Every dwelling unit shall contain within its walls
a room, separate from the habitable rooms, which affords privacy and
which is equipped with a water closet.
2.
Lavatory. Every dwelling unit shall contain a lavatory which, when
a water closet is required, shall be in the same room.
3.
Bathtub or shower. Every dwelling unit shall contain within its walls
a room, separate from the habitable rooms, which affords privacy and
which is equipped with a bathtub or shower.
c.
Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart
from the lavatory required under paragraph b,2 hereof.
d.
Water and Sewer System. Every kitchen sink, lavatory basin, bathtub
or shower and water closet required under the provisions hereof shall
be properly connected to either a public water and sewer system or
to an approved private water and sewer system. All sinks, lavatories,
bathtubs and showers shall be supplied with hot and cold running water.
e.
Water Heating Facilities. Every dwelling unit shall be supplied with
water-heating facilities which are installed in an approved manner
and are properly connected with hot water lines to the fixtures required
to be supplied with hot water pursuant to paragraph d hereof. Water-heating
facilities shall be capable of heating water to such a temperature
as to permit an adequate amount of water to be drawn at every required
kitchen sink, lavatory basin, bathtub, shower and laundry facility
or other similar units, at a temperature of not less than 120°
F. at any time.
f.
Heating Facilities. Every dwelling shall have heating facilities
which are properly installed, are maintained in safe and good working
condition and are capable of safely and adequately heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
to a temperature of at least 70° F. at a distance of three feet
above floor level under ordinary winter conditions.
g.
Operation of Heating Facilities and Incinerators. Every heating or
water-heating facility and incinerator shall be installed and shall
operate in accordance with the requirements of the State Uniform Construction
Code or New Jersey Uniform Fire Code.
h.
Rubbish Storage Facilities. Every dwelling, multifamily dwelling
and dwelling unit shall be supplied with approved containers and covers
for storage of rubbish, and the owner, operator or agent in control
of such dwelling unit shall be responsible for the removal of such
rubbish.
i.
Garbage Storage or Disposal Facilities. Every dwelling or multifamily
dwelling and every dwelling unit shall have adequate garbage storage
facilities or garbage storage containers.
[Ord. #484; 1972 Code § 60A-14]
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling unit, rooming house or rooming unit for
the purpose of living, sleeping, cooking or eating therein which does
not comply with the following requirements:
a.
Facilities and Equipment.
1.
Every supplied facility, piece of equipment or utility which is required
under this section shall be so constructed or installed that it will
function safely and effectively, and shall be maintained in satisfactory
working condition.
2.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this ordinance, to be
removed from, shut off from or discontinued for any occupied dwelling
unit, except for such temporary interruption as may be necessary while
actual repairs or alterations are in process or during temporary emergencies
when discontinuance of service shall be approved by the Construction
Code Official.
b.
Cleanliness and Sanitation. All housing facilities shall be maintained
in a clean and sanitary condition by the occupant so as not to breed
insects and rodents to produce dangerous or offensive gases or odors.
c.
Plumbing Facilities. In buildings and structures used for human habitation,
water lines, plumbing fixtures, vents and drains shall be properly
installed, connected and maintained in working order, shall be kept
free from obstructions, leaks and defects and shall be capable of
performing the function for which designed. All repairs and installations
shall be made in accordance with the provisions of the State Uniform
Construction Code.
d.
Plumbing Systems. In buildings and structures used for human habitation,
every plumbing stack, waste and sewer line shall be so installed and
maintained as to function properly and shall be kept free from obstructions,
leaks and defects to prevent structural deterioration or health hazards.
All repairs and installations shall be made in accordance with the
provisions of the State Uniform Construction Code.
e.
Heating Equipment. Every space-heating, cooking and water heating
device located in a dwelling or multifamily dwelling shall be properly
installed, connected and maintained, and shall be capable of performing
the function for which it was designed in accordance with the provisions
of the State Uniform Construction Code and State Uniform Fire Code.
f.
Electrical Outlets and Fixtures. Every electrical outlet and fixture, as required by subsection 9-2.15, shall be installed, maintained and connected to the source of electrical power in accordance with the provisions of the State Uniform Construction Code and Electrical Code of the Borough.
g.
Correction of Defective System. Where it is found by the Public Officer
that the electrical system in a building constitutes a hazard to the
occupants of the building by reason of inadequate service, improper
fusing, insufficient outlets, improper wiring or installation, deterioration
or damage, or for similar reasons, such defects shall be corrected
to eliminate the hazard.
h.
Unobstructed Means of Egress. Every dwelling unit shall have safe
unobstructed means of egress leading to safe and open space at ground
level, as required by the laws of New Jersey and the ordinances of
the Borough.
[Ord. #484; 1972 Code § 60A-15]
No person shall occupy or let to another for occupancy any dwelling
unit for the purpose of living therein which does not comply with
the following requirements:
a.
Minimum Ceiling Heights. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of at least seven feet;
and the floor area of that part of any room where the ceiling height
is less than five feet shall not be considered as part of the floor
area in computing the total floor area of the room for the purpose
of determining the maximum permissible occupancy thereof.
b.
Required Space in Dwelling Units. Every dwelling unit shall contain
a minimum gross floor area of not less than 200 square feet for the
first occupant and 100 square feet for each additional occupant. The
floor area shall be calculated on the basis of the total area of all
habitable rooms in accordance with paragraph a hereof.
c.
Required Space in Sleeping Rooms.
1.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by two occupants shall contain at least 100
square feet of floor space, and every room occupied for sleeping purposes
by more than two occupants shall contain at least 70 square feet of
floor space for each additional occupant thereof calculated in accordance
with paragraph a hereof.
2.
Each room occupied for sleeping purposes shall be separated from
all other rooms by doors that afford privacy.
d.
Access Limitation of Dwelling Unit to Nonresidential Uses. No habitable
room, bathroom or water closet compartment which is accessory to a
dwelling unit shall open directly into, or shall be used in conjunction
with, a food store, barber or beauty shop, doctor's or dentist's examination
or treatment room or similar room used for nonresidential purposes.
e.
Occupancy of Dwelling Units Below Grade. No cellar space shall be
used as a habitable room or dwelling unit. No basement space shall
be used as a habitable room or dwelling unit unless:
[Ord. #484; 1972 Code § 60A-16]
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling unit or rooming unit for the purpose of
living therein which does not comply with the following requirements:
a.
Natural Light in Habitable Rooms. Every habitable room shall have
at least one window of approved size facing directly to the outdoors
or to a court. The minimum total window area for every habitable room
shall be 10% of the floor area of such room, except in kitchens when
artificial light may be provided in accordance with the provisions
of the State Uniform Construction Code. Whenever walls or other portions
of a structure face a window of any room and such obstructions are
located less than three feet from the window and extend to a level
above that of the ceiling of the room, such window shall not be deemed
to face directly to the outdoors nor to a court and shall not be included
as contributing to the required minimum total window area for the
room.
b.
Light in a Nonhabitable Work Space. Every laundry room, furnace room
and all similar nonhabitable work space located in a dwelling or multifamily
dwelling shall have at least one electric light fixture available
at all times.
c.
Light in Common Halls and Stairways. Every common hall and inside
stairway in every dwelling, other than a one family dwelling, shall
be adequately lighted at all times with an illumination of at least
five lumens per square foot in the darkest portion of the normally
traveled stairs and passageways.
d.
Electrical Outlets Required.
1.
Every habitable room of every dwelling shall contain at least two
separate floor or wall electrical convenience outlets, or one such
convenience outlet and one supplied ceiling-type electric light fixture.
Every such outlet and fixture shall be properly in stalled, shall
be maintained in good and safeworking condition and shall be connected
to the source of electrical power in a safe manner.
2.
Artificial lighting in every bathroom and water closet shall be controlled
by a wall switch so located as to avoid danger of electrical hazards.
The use of pullchain switches in bathrooms and water closets is prohibited.
e.
Adequate Ventilation. Every habitable room shall have at least one
window which can be easily opened or such other device as will adequately
ventilate the room. The total openable window area in every habitable
room shall be equal to at least 45% of the minimum window area size
required by paragraph a hereof, except where mechanical ventilation
is provided in accordance with the provisions of the State Uniform
Construction Code or State Uniform Fire Code.
f.
Ventilation and Light in Bathroom and Water Closet. Every bathroom
and water closet compartment shall comply with the light and ventilation
requirements of this ordinance for habitable rooms, except that no
window shall be required in bathrooms or water closet compartments
equipped with an approved ventilation system.
g.
Improvements to Electrical System. The electrical system in any existing
structure shall be brought up to standards whenever alterations to
the structure are being made.
[Ord. #484; 1972 Code § 60A-17]
No person shall occupy as owner-occupant, or shall let to another
for occupancy, any dwelling, multifamily dwelling, dwelling unit,
rooming house, rooming unit, lodging house or lodging unit which does
not comply with the applicable provisions of the State Uniform Fire
Code and the following requirements:
a.
Storage of Flammable Liquids Prohibited. No dwelling, multifamily
dwelling, dwelling unit or rooming unit shall be located within a
building containing any establishment handling, dispensing or storing
flammable liquids with a flash point of 110° F. or lower.
b.
Cooking and Heating Equipment. All cooking and heating equipment
components, and accessories in every heating, cooking and water-heating
device, shall be maintained free from leaks and obstructions and functioning
properly so as to be free from fire, health and accident hazards.
All installations and repairs shall be made in accordance with the
provisions of the State Uniform Construction Code and other ordinances
of the Borough of Brielle. Portable cooking equipment employing flame
is prohibited. The installation or use of space heaters is prohibited.
[Ord. #633; 1972 Code § 60A-17.1; Ord. #815]
a.
The purpose of this section is to protect the public health, safety
and welfare of people residing in the Borough by establishing the
requirement for residential dwellings and all other living units designed
for human habitation to be equipped with fire protection and detection
devices prior to sale, lease, rent or transfer and establishing a
penalty for violation.
[Amended 2-20-2020 by Ord. No. 1090]
b.
No person shall sell, purchase, rent, transfer or lease any residential
dwelling unit, residential condominium or cooperative dwelling unit,
motel room, hotel room or apartment unit, unless such structure shall
be provided with fire detection and protection devices installed in
accordance with N.J.A.C. 5:70-4.19, regarding smoke alarms for one-
and two-family dwellings; carbon monoxide alarms; and portable fire
extinguishers.
[Amended 2-20-2020 by Ord. No. 1090]
[Ord. #376; 1972 Code § 44-1; New]
The Construction Code Official shall exercise the powers described
by this section. The Borough Council shall establish the salary to
be paid to the Public Officer in the Salary Ordinance.
[Ord. #376; 1972 Code § 44-2]
For the purpose of the within section, the Construction Code
Official may determine that a dwelling is unfit for human habitation
if he finds that conditions exist in such dwelling which are dangerous
or injurious to the health or safety of the occupants of such dwelling,
the occupants of neighboring dwellings or other residents of the Borough;
such conditions may include the following (without limiting the generality
of the foregoing): defects therein increasing the hazards of fire,
accident or other calamities; lack of adequate ventilation, light
or sanitary facilities; dilapidation; disrepair, structural defects
or uncleanliness.
[Ord. #376; 1972 Code § 44-3]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the "New Jersey State Housing Code" as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. Three copies of the New Jersey State Housing Code have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[Ord. #376; 1972 Code § 44-4]
Whenever a petition is filed with the Construction Code Official
by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least
five residents of the municipality, charging that any dwelling is
unfit for human habitation, as herein defined, or whenever it appears
to the Construction Code Official (on his own motion) that any dwelling
is unfit for human habitation, as herein defined, he shall, if his
preliminary investigation discloses a basis for such charges, issue
and cause to be served upon the owner of and parties in interest in
such dwelling a complaint stating the charges in that respect and
containing a notice that hearing will be held before the Construction
Code Official (or his designated agent) at a place therein fixed,
not less than 10 days nor more than 30 days after the serving of the
complaint; that the owner and parties in interest shall be given the
right to file an answer to the complaint and to appear in person or
otherwise and give testimony at the time and place fixed in the complaints;
and that the rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Construction Code
Official.
[Ord. #376; 1972 Code § 44-5]
If after such notice and hearing the Construction Code Official
determines that the dwelling under consideration is unfit for human
habitation, as herein defined, he shall state in writing his findings
of fact in support of such determination and shall issue and cause
to be served upon the owner thereof and parties in interest an order
requiring:
a.
The repair, alteration or improvement of the building to be made
by the owner within a reasonable time, which time shall be set forth
in the order, or, at the option of the owner, to vacate or to have
the building vacated and closed within the time set forth in the order;
and
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, that the owner remove or demolish the building within
a reasonable time as specified in the order of removal.
c.
That, if the owner fails to comply with an order to repair, alter
or improve, or, at the option of the owner, to vacate and close the
building, the Construction Code Official may cause such building to
be repaired, altered or improved, or to be vacated and closed; that
the Construction Code Official may cause to be posted on the main
entrance of any building so closed, a placard with the following words:
"This building is unfit for human habitation or occupancy or use;
the use or occupation of this building is prohibited and unlawful."
d.
That, if the owner fails to comply with an order to remove or demolish
the building, the Construction Code Official may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for and receipt of bids therefor.
e.
That the amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges incurred in the course of any proceeding
taken under this section determined in favor of the Borough, and
2.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Construction Code Official,
he shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof, the proceeds
of any sale of such materials or any sum derived from any contract
for the removal or demolition of the building. If there are no such
credits or if the sum total of such costs exceeds the total of such
credits, a detailed statement of the aforesaid costs and the amount
so due shall be filed with the Municipal Tax Assessor or other custodian
of the records of tax liens and a copy thereof shall be forth with
forwarded to the owner by registered mail. If the total of the credits
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the Construction Code Official, shall be secured
in such manner as may be directed by such Court, and shall be disbursed
according to the order or judgment of the Court to the persons found
to be entitled thereto by final order or judgment of such Court; provided,
however, that nothing in this section shall be construed to impair
or limit in any way the power of the municipality to define and declare
nuisances and to cause their removal or abatement, by summary proceedings
or otherwise. Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount or the accuracy of the costs set forth in the municipal lien
certificate.
[Ord. #376; 1972 Code § 44-6]
Complaints or orders issued by the Construction Code Official
pursuant to this section shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Construction Code Official
in the exercise of reasonable diligence, and the Construction Code
Official shall make an affidavit to that effect, then the serving
of such complaint or order upon such persons may be made by publishing
the same once each week for two successive weeks in a newspaper printed
and published in the county and circulating in the Borough. A copy
of such complaint or order shall be posted in a conspicuous place
on the premises affected by the complaint or order, and a copy of
such complaint or order shall be duly recorded or lodged for record
with the Monmouth County Recording Officer.
[Ord. #376; 1972 Code § 44-7]
The Construction Code Official is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
the following in addition to others herein granted:
a.
To investigate the dwelling conditions in the Borough in order to
determine which dwellings therein are unfit for human habitation;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section; and
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. #376; 1972 Code § 44-8]
Section 8 of the New Jersey State Housing Code, which pertains
to heating equipment, shall not apply to buildings that are used only
for occupancy during the summer months.
[Ord. #376; 1972 Code § 44-9]
Nothing in this section shall be construed to abrogate or impair
the power of the Borough or any officer or department to enforce any
provisions of its charter or its ordinances or regulations nor to
prevent or punish violations thereof, and the powers conferred by
this ordinance shall be in addition and supplemental to the powers
conferred upon the Borough by any other law or ordinance.
[Ord. #483; 1972 Code § 70-1; amended 1-19-2021 by Ord. No. 1100]
As used in this section:
Defined in the Zoning Chapter of this Code.
Defined in the Zoning Chapter of this Code.
Shall mean any collective body of persons not constituting
a family.
Shall mean an act of disorderly, indecent, tumultuous or
riotous conduct, including by way of example but not limited to, simple
assault, terroristic threats, harassment, urinating in public, lewdness,
criminal mischief, excessive noise, petty disorderly offense, or a
violation of any provision of Title 2C of the New Jersey Statutes
or any other municipal ordinance governing disorderly conduct upon
or in proximity to any rental premises, and attributed to the acts
or incitements of any of the tenants of those premises which have
been substantiated by prosecution and conviction and/ or guilty plea
in any court of competent jurisdiction. For purposes of this definition,
the phrase "upon or in proximity to" shall mean anywhere on the property
or upon or within the adjacent right-of-way, adjoining roadways, or
adjoining properties.
[Ord. #483; 1972 Code § 70-2]
No dwelling unit within the Borough shall be used, or be permitted
to be used, or be rented or leased for use and occupancy by any group,
as defined in this section.
[Ord. #483; 1972 Code § 70-3]
Before permitting occupancy of a dwelling unit pursuant to a
rent or lease agreement, the owner of such dwelling unit, or his agent
or broker, shall file with the Borough Clerk a statement, signed and
sworn to by both the owner, agent or broker, as the case may be, and
the tenant or lessee, indicating the location of the dwelling unit,
the name of the owner, the name of the tenant or lessee, dates of
beginning and termination of occupancy, date of rental or lease agreement
and a statement of the signatories that they are familiar with the
terms of this section and that the rental or lease agreement and the
occupancy pursuant thereto are not, and are not intended to be, in
violation of this section.
[Ord. #483; 1972 Code § 70-4]
Any tenant or lessee who sublets a dwelling unit shall be conclusively
deemed to be an agent of the owner of such dwelling unit for the purposes
of this section.
Any person occupying a dwelling unit in violation of the provisions of this section, and any person, firm or corporation who or which causes, allows or permits such occupancy, shall, upon conviction, be liable to the penalty established in Chapter 1, Section 1-51.
[Added 1-19-2021 by Ord. No. 1100]
a.
If, in any twenty-four-month period, two substantiated complaints, as defined in § 9-4.1 hereof, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct, including by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, excessive noise, a petty disorderly offense, or a violation of any provision of Title 2C of the New Jersey Statutes or any other municipal ordinance governing disorderly 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, the Borough Council or any officer or employee of the Borough so designated by the Borough Council for this purpose, may institute proceedings to require the landlord of the rental premises to post a bond against the consequences of future incidents of the same character, or of a character actionable under this ordinance. For purposes of this definition, the phrase "upon or in proximity to" shall mean anywhere on the property or upon or within the adjacent right-of-way, adjoining roadways, or adjoining properties.
b.
The Borough Council or any officer or employee of the municipality
designated by the Borough Council shall cause to be served upon the
landlord, in person or by registered mail, to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with particulars of the substantiated
complaint upon which those proceedings are based, and of the time
and place at which the hearing will be held in the matter, which shall
be in the Municipal Building, Municipal Court or such other public
place as designated by the Borough Council, and which shall be no
sooner than 30 days from the date upon which the notice is served
or mailed.
c.
At the hearing convened pursuant to paragraph b above, the hearing
officer shall give full hearing to both the complaint of the municipality
and to any evidence in contradiction or mitigation that the landlord,
if present or represented or offering such evidence, may present.
At the conclusion of the hearing, the officer shall determine whether
the landlord shall be required to post a bond in accordance with the
terms of this ordinance.
d.
Any bond required to be posted 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 consequent
upon disruption of affected residents' rights of fair use and
quiet enjoyment of their premises; and
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the municipality for the costs of repressing and prosecuting
such incidents of disorderly behavior; provided, however, no such
bond shall be in an amount less than $500 nor more than $5,000. The
municipality may enforce a bond thus requiring an action in the Superior
Court, 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 municipality.
e.
Any bond or other security deposited in compliance with paragraph d3 above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 9-4.7 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by subsection d above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Borough Council may by Resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
[Added 1-19-2021 by Ord. No. 1100]
a.
If during the period for which a landlord is required to give security pursuant to § 9-4.6 above, a substantiated complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in § 9-4.6e above of the period for which the security is required, 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 § 9-4.6d above. Any decision by 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 § 9-4.6d above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicated the appropriateness of such change in order to effectually carry out the purposes of this ordinance. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 9-4.6d above.
[Added 1-19-2021 by Ord. No. 1100]
The hearing officer shall be a person or persons appointed by
the Mayor, subject to the advice and consent of the Borough Council.
A hearing officer shall not own or lease any real property within
the Borough of Brielle, nor hold any interest in the assets of or
profits arising from the ownership or lease of such property.
[Ord. #215; 1972 Code § 60-1; New]
a.
There is hereby established a numbering system for buildings in the
Borough, in accordance with a map entitled "Official House Numbering
Map," dated December 1956, prepared by Claude W. Birdsall, Borough
Engineer, and on file in the office of the Borough Clerk.
b.
The numbers of all houses, places of business and industry in the
Borough of Brielle shall correspond with the numbers on the aforesaid
map, and it shall be the duty of all property owners to have their
houses and places of business and industry numbered in conformity
with the numbers designated on this map and any supplements thereto.
c.
It shall be the duty of the owners and occupants of every house,
place of business and industry in the Borough to have placed thereon,
in a place visible from the street, figures showing the number of
the house, place of business or industry, as the case may be.
[Ord. #215; 1972 Code § 60-2]
In all cases where any owner or owners shall hereafter construct
or place upon any premises in the Borough a dwelling or other structure
for business or industry, it shall be the duty of the owner or owners
thereof to apply to the Borough Clerk for the correct number of the
house or place of business or industry, as the same is indicated on
the map and the supplements thereto, and, upon being furnished the
correct number of such property, within 30 days after the completion
of the building, place or affix to the front of the house or place
of business or industry the number in conformity with the number designated
on the map by the Borough Engineer.
[Ord. #215; 1972 Code § 60-3; New]
In all cases where numbers shall hereafter be placed on the
map by the Borough Engineer and the correct number has not been affixed
to the house, place of business or industry by the owner, it shall
be the duty of each owner or owners to apply to the Borough Clerk
for the correct number of the house or place of business or industry,
as the same is designated on the map and the supplements thereto,
and upon application, the Borough Clerk shall furnish to the applicant
the correct number of applicant's property, and the property owner
shall, within 30 days thereafter, place or affix to the front of the
house or place of business or industry the number thereof in conformity
with the number as designated on the map by the Borough Engineer.
The use of undesignated or inconsistent numbers is hereby declared
unlawful.
[Ord. #215; 1972 Code § 60-6]
In case any building is located or constructed in such manner
as would permit the use of a choice of numbers or more than one number,
then such number or numbers shall be determined by the Governing Body,
and its decision shall be final. Any question relating to the proper
number to be used shall be so determined by the Governing Body.
[Ord. #215; 1972 Code § 60-7]
The size, manner of placement and location of all numbers shall
be such as will permit them to be clearly visible from the street.
