Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 68-10, 88-22, 88-8, 94-20.
[Ord. #16-2008]
This chapter shall be known as "The Property Maintenance Code of the Township of Scotch Plains" and may be referred to in this chapter in the short form as "this Code."
[Ord. #16-2008]
It is hereby found and declared that there exist in the Township premises which are, or may become, unfit for human habitation or occupancy, or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such premises, or part thereof, unsafe or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Township and persons upon or having access to the premises. It is further found and declared that by reason of lack of maintenance and progressive deterioration, the condition of certain premises has the further effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, the aforesaid 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 neighborhood and property values thereby maintained, the desirability and amenities of premises and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
[Ord. #16-2008]
The provisions of this Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement, and penalties.
[Ord. #16-2008]
This Code shall be construed to secure its expressed intent, which is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. The Township council deems it necessary and expedient for the preservation of the public health, safety, and general welfare, and to eliminate fire hazards that the owners of the lands lying within the limits of the Township shall remove from such lands, brush, weeds, dead and dying trees, stumps, roots, noxious growths, filth, trash, and debris. The purpose of this Code is to protect the public health, safety, and welfare by establishing minimum standards governing the maintenance, appearance, and condition of premises situated in the Township, used or intended to be used, or designed to be used, in whole or in part for residential, commercial, business, industrial or any other occupancy; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such premises 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 prevent blighting conditions and deterioration of property values; to authorize and establish procedures for the inspection of such 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 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 purposes as stated herein. Repairs, alterations, additions to, and change of occupancy in existing buildings shall comply with the applicable code in effect under the Uniform Construction Code.
[Ord. #16-2008]
If a section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.
[Ord. #16-2008]
The provisions of this Code shall apply to all matters affecting or relating to structures and premises as set forth in subsection 18-3.1. Where, in a specific case, different sections of this Code specify different requirements, the most restrictive shall govern. Each and every building and the premises on which it is situated in the Township, used or intended to be used, or designed to be used, in whole or in part, for residential, commercial, business, industrial, or any other occupancy, shall comply with the provisions of this Code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration, or repair of any such building, or for the installation or repair of equipment or facilities therein or thereon 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 premises, and does not replace, modify, lessen standards contained therein or thereon, except as provided in subsection 18-4.4. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by, and be subject to the applicable provisions of this Code.
[Ord. #16-2008]
Equipment, systems, devices, and safeguards required by this Code or a previous regulation or code under which the structure or premises was constructed, altered, or repaired shall be maintained in good working order. No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from, or shut off from, or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this Code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures, and premises.
[Ord. #16-2008]
Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the applicable code in effect under the Uniform Construction Code.
[Ord. #16-2008]
In any case where the provisions of this Code impose a higher standard than that set forth in any other ordinance of the Township of laws of the State of New Jersey applicable thereto, then the standards as set forth herein shall prevail; but, if the provisions of this Code impose a lesser standard than such other ordinance of the Township or law of the State of New Jersey, then the higher standard contained in such other ordinance or law shall prevail.
[Ord. #16-2008]
The provisions in this Code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe, and unsanitary.
[Ord. #16-2008]
Repairs, maintenance work, alterations, or installations which are caused directly or indirectly by the enforcement of this Code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
[Ord. #16-2008]
The provisions of this Code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are determined by the Code Official to be safe and in the public interest of health, safety, and welfare.
[Ord. #16-2008]
The codes and standards referenced in this Code shall be those that are listed in Chapter 8, entitled Building and Housing, and considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply.
[Ord. #16-2008]
Compliance with this Code shall neither constitute a defense against the violation of any provision of any other ordinance of the Township applicable to any building or premises, nor shall compliance with any provision of this Code relieve any owner, operator, or occupant from complying with any such other provision, nor relieve any official of the Township from enforcing any such other provision.
[Ord. #16-2008]
Requirements necessary for the strength, stability, or proper operation of an existing fixture, structure, or equipment, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the Code Official.
[Ord. #16-2008]
Owners and operators shall have all the duties and responsibilities prescribed in subsections 18-6.2 to 18-6.4 inclusive, and regulations promulgated pursuant thereto; and no owner or operator shall be relieved from such duties or responsibilities, nor be entitled to defend against any charge of violation thereof by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
[Ord. #16-2008]
Occupants shall have all the duties and responsibilities as prescribed in subsections 18-6.6 and 18-6.8 hereof, and all regulations promulgated pursuant thereto; and the occupant shall not be relieved of any such duties or responsibilities, nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator, of both, is or are also responsible therefor and in violation thereof.
[Ord. #16-2008]
The provisions of this section shall constitute the standards to guide the public officers and their agents in determining the fitness of premises for human habitation, use and occupancy; and in determining whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties with an accompanying diminution of property values, and in determining whether the premises are in such a condition as to constitute a nuisance.
[Ord. #16-2008]
For purposes of property maintenance enforcement, the Construction Code Official shall be designated and hereafter known as the Code Official.
[Ord. #16-2008]
The Code Official shall be appointed by the chief appointing authority of the jurisdiction; and the Code Official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
[Ord. #16-2008]
The Code Official, officer or employee charged with the enforcement of this Code while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this Code; and any officer of the Department of Property Maintenance Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
[Ord. #16-2008]
The Code Official shall enforce the provisions of this Code.
[Ord. #16-2008]
The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this Code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Code, or of violating accepted engineering methods involving public safety.
[Ord. #16-2008]
The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
[Ord. #16-2008]
The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.
[Ord. #16-2008]
The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this Code.
[Ord. #16-2008]
The Code Official shall issue all necessary notices or orders to ensure compliance with this Code.
[Ord. #16-2008]
The Code Official shall keep official records of all business and activities of the department specified in the provisions of this Code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.
[Ord. #16-2008]
Whenever in the enforcement of this Code or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.
[Ord. #16-2008]
Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this Code impractical and the modification is in compliance with the intent and purpose of this Code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
[Ord. #16-2008]
The provisions of this Code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in quality, strength, effectiveness, fire resistance, durability and safety.
[Ord. #16-2008]
Whenever there is insufficient evidence of compliance with the provisions of this Code, or evidence that a material or method does not conform to the requirements of this Code, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
[Ord. #16-2008]
Test methods shall be as specified in this Code or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures.
[Ord. #16-2008]
All tests shall be performed by an approved agency.
[Ord. #16-2008]
Reports of tests shall be retained by the Code Official for the period required for retention of public records.
[Ord. #16-2008]
Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
[Ord. #16-2008]
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this Code.
[Ord. #16-2008]
The Code Official shall serve a notice of violation or order in accordance with Section 18-9.
[Ord. #16-2008]
Any person failing to comply with a notice of violation or order served in accordance with Section 18-9 shall remedy the violation within the time provided. If the notice of violation is not remedied, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.
[Ord. #16-2008]
Any person who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
[Ord. #16-2008]
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
[Ord. #16-2008]
Whenever the Code Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in subsection 18-9.2 and subsection 18-9.3. Notices for condemnation procedures shall also comply with subsection 18-10.3.
[Ord. #16-2008]
Such notice prescribed in Section 18-9 shall be in accordance with all of the following:
a. 
Be in writing.
b. 
Include a description of the real estate sufficient for identification.
c. 
Include a statement of the violation or violations and why the notice is being issued.
d. 
Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.
e. 
Inform the property owner of the right to appeal.
f. 
Exception. In such cases where the Code Official deems the existing condition to be of imminent and severe danger to the health and safety of the residents to the Township said Code Official shall be authorized to expedite compliance by means of personally and/or telephonically (via telephone) serving the owner, agent, and/or occupant of such property/dwelling as the case may be.
[Ord. #16-2008]
Such notice shall be deemed to be properly served if a copy thereof is:
a. 
Delivered personally;
b. 
Sent by certified or first-class mail addressed to the last known address; or certified mail.
c. 
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
[Ord. #16-2008]
Penalties for noncompliance with orders and notices shall be as set forth in Section 18-24.
[Ord. #16-2008]
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
[Ord. #16-2008]
When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this Code.
[Ord. #16-2008]
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
[Ord. #16-2008]
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
[Ord. #16-2008]
A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
[Ord. #16-2008]
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.
[Ord. #16-2008]
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
[Ord. #16-2008]
Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with subsection 18-9.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in subsection 18-9.2.
[Ord. #16-2008]
Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
[Ord. #16-2008]
Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this Code.
[Ord. #16-2008]
The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this Code.
[Ord. #16-2008]
When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
[Ord. #16-2008]
Notwithstanding other provisions of this Code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official shall order the necessary work to be done, including the Boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.
[Ord. #16-2008]
When necessary for public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
[Ord. #16-2008]
For the purposes of this section, the Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
[Ord. #16-2008]
Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
[Ord. #16-2008]
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Health Officer, be afforded a hearing as described in this Code.
[Ord. #16-2008]
The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
[Ord. #16-2008]
All notices and orders shall comply with Section 18-9.
[Ord. #16-2008]
If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
[Ord. #16-2008]
When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
[Ord. #16-2008]
The Health Officer shall meet upon notice from the applicant, within ten days of the filing of an appeal, or at stated periodic meetings.
[Ord. #16-2008]
All hearings before the Health Officer shall be open to the public. The appellant, the appellant's representative, the Code Official and any person whose interests are affected shall be given an opportunity to be heard.
[Ord. #16-2008]
The Health Officer shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
[Ord. #16-2008]
When the Health Officer is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
[Ord. #16-2008]
The Health Officer shall modify or reverse the decision of the Code Official.
[Ord. #16-2008]
The decision of the Health Officer shall be recorded. Copies shall be furnished to the appellant and to the Code Official.
[Ord. #16-2008]
The Code Official shall take immediate action in accordance with the decision of the Board.
[Ord. #16-2008]
Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
[Ord. #16-2008]
Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.
[Ord. #16-2008]
The provisions of this section shall constitute the standards to guide the public officers and their agents in determining the fitness of premises for human habitation, use and occupancy; and in determining whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, and in determining whether the premises are in such a condition as to constitute a nuisance.
[Ord. #16-2008]
Unless otherwise expressly stated, the following terms shall, for the purposes of this Code, have the meanings shown in this chapter.
[Ord. #16-2008]
Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
[Ord. #16-2008]
Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
[Ord. #16-2008]
Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this Code, they shall be construed as though they were followed by the words "or any part" thereto.
[Ord. #16-2008]
As used in this chapter:
APPROVED
Shall mean approved by the Code Official.
BASEMENT
Shall mean that portion of a building which is partly or completely below grade.
BATHROOM
Shall mean any enclosed space which contains one or more of the following: bathtub, shower, water closet, lavatory, water-closet compartment, washbowl, sink, or fixtures serving similar purposes.
BEDROOM
Shall mean any room or space used, or intended to be used, for sleeping purposes.
BUILDING
Shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
CODE OFFICIAL
Shall mean the official who is charged with administration and enforcement of this Code, or any duly authorized representative.
CONDEMN
Shall mean to adjudge unfit for occupancy.
DETERIORATION
Shall mean the condition of a building, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical neglect, lack of maintenance, or excessive wear.
DWELLING UNIT
Shall mean a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENT
Shall mean that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on, or above a said lot or lots.
EXPOSED TO PUBLIC VIEW
Shall mean any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES
Shall mean any part of the premises not occupied by any building thereon; or any open space on the outside of any building; or any part of any building which is exposed to the elements.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION
Shall mean the control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.
FAMILY
Shall mean one or more persons lawfully occupying a dwelling unit and living as a single nonprofit housekeeping unit. Also permitted are foster children placed with a family in a dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or duly incorporated child care agency and children placed pursuant to law in single-family dwellings known as group homes. As used in this section the term "group home" means and includes any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commission of Institutions provided, however, that no group home shall contain more than 12 children.
GARBAGE
Shall mean the animal or vegetable, and other organic waste resulting from the handling, preparation, cooking, and consumption of food, as per the New Jersey Department of Environmental Protection Regulation Type 10.
GUARD
Shall mean a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE
Shall mean space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT
Shall mean a room or group of rooms forming a single, habitable space equipped and intended to be used for living, sleeping, cooking, and eating, which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER
Shall mean a condition which could cause serious or life-threatening injury or death at any time.
INFESTATION
Shall mean the presence, on, within, or contiguous to, a structure or premises, of insects, rats, vermin, or other pests.
INOPERABLE MOTOR VEHICLE
Shall mean a vehicle which cannot be driven upon the public streets for reason including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
LABELED
Shall mean devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol, or other identifying mark of a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items, and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
LET FOR OCCUPANCY OR LET
Shall mean to permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
MIXED OCCUPANCY
Shall mean any building containing one or more dwelling units, rooming units, or hotel or motel accommodations, and also having a portion thereof devoted to nonresidential uses.
NUISANCE
Shall mean:
a. 
Any public nuisance known at public law or in law or equity jurisprudence, or as provided by the Statutes of the State of New Jersey, or the ordinances of the Township.
b. 
Any inadequately protected well, shaft, basement, excavation, abandoned motor vehicle, structurally unsound fence or building, lumber, trash, debris, or vegetation such as poison ivy, oak, or sumac; or other condition which is or may be detrimental to the safety or health of persons.
c. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
d. 
Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.
e. 
Fire hazards.
OCCUPANCY
Shall mean the purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT
Shall mean any individual living or sleeping in a building or having possession of a space within a building.
OPENABLE AREA
Shall mean the part of a window, skylight, or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
Shall mean any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Shall mean any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PARTIES OF INTEREST
Shall mean all individuals, associations, and corporations who have interests of record in a building and any who are in actual possessions thereof.
PERSON
Shall mean an individual, corporation, partnership, or any other group acting as a unit.
PREMISES
Shall mean a lot, plot, or parcel of land, easement, or public way, including any structures thereon.
PUBLIC OFFICER
Shall mean the person(s) who are authorized by this chapter to exercise powers prescribed by this Code.
PUBLIC WAY
Shall mean any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.
REFUSE
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 solid market and industrial wastes.
ROOMING HOUSE
Shall mean a building arranged or occupied for lodging, with or without meals, for compensation and not occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH
Shall mean combustible and noncombustible waste materials, except garbage; the term shall include 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 and dust, and other similar materials.
STRICT LIABILITY OFFENSE
Shall mean an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
TENANT
Shall mean a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM
Shall mean a room containing a water closet or urinal but not a bathtub or shower.
TRANSLUCENT
Shall mean the property of admitting the passage of light but diffusing it so that objects beyond it cannot be clearly distinguished.
VENTILATION
Shall mean the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WATER CLOSET COMPARTMENT
Shall mean an enclosure containing a single water closet.
WEATHERING
Shall mean deterioration, decay or damage caused by exposure to the elements.
WINDOW
Shall mean an opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by easements or sashes containing glass or other transparent material.
WINDOW DISPLAY AREA
Shall mean that area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business therein.
WORKMANLIKE
Shall mean executed in a skilled manner, e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD
Shall mean an open space on the same lot with a structure.
[Ord. #16-2008]
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
[Ord. #16-2008]
The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.
[Ord. #16-2008]
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
[Ord. #16-2008]
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
[Ord. #16-2008]
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
a. 
Exception. Approved retention areas and reservoirs.
[Ord. #16-2008]
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
[Ord. #16-2008]
All premises and exterior property shall be maintained free from noxious growths or plant growth in excess of 12 inches. All noxious growths shall be prohibited. Noxious growths shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and vegetable gardens.
[Ord. #16-2008]
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
[Ord. #16-2008]
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
[Ord. #16-2008]
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
[Ord. #16-2008]
Gates which are required to be self-closing and self-latching in accordance with the Building Code in effect UCC shall be maintained such that the gate will positively close and latch when released from a still position of six inches from the gatepost.
[Ord. #16-2008]
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
[Ord. #16-2008]
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Any violation to this section shall be enforced by the Police Department, as outlined in subsection 3:2.1 through 3:2.4 of the Township's ordinances.
a. 
Exception. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
[Ord. #16-2008]
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
[Ord. #16-2008]
The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood, or such higher standards as may be adopted by the Township, and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties or an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values including the following:
a. 
Landscaping. The landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris, or other unsightly or unsafe conditions.
b. 
Signs and Billboards. All permanent signs and billboards exposed to public view permitted by the Zoning Ordinance and regulated by the Building Code or other regulations, or as a lawful nonconforming use shall be maintained in good repair. Any sign or billboard which has weathered excessively or faced, or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
c. 
Windows and Window-Display Areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened by drapes, Venetian blinds or other means of making the windows translucent. All screening of interiors shall be maintained in a clean and attractive manner, and in a good state of repair.
d. 
Repair and Painting of Exteriors of Buildings. All store fronts and the exteriors of all buildings shall be kept in good repair, painted where required, or otherwise provided with protective treatment sufficient to prevent deterioration, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made in harmony with the original design with the same materials, or materials of similar appearance to those used in the construction of the store front in such a manner as to permanently repair the damaged area or areas.
e. 
Signs or Advertisements; Removal.
1. 
Except for "For Rent" signs, any temporary sign or other advertising material glued or otherwise attached to a window, or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it was erected or posted, or within 60 days after it was erected or posted, whichever shall have occurred sooner.
2. 
Except during the course of repairs or alterations, not more than 33-1/3 percent of the vertical square footage of any single window or single-window display area shall be devoted to signs or other advertising material attached thereto or otherwise exposed to public view.
f. 
Awnings and Marques. 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 be so maintained as to not constitute a nuisance or a safety hazard. In the event any such awning or marquee is not properly maintained in accordance with the foregoing, it shall, together with its supporting members, be removed forthwith. In the event any such awning or marquee is made of cloth, plastic, or of similar materials, said materials, where exposed to public view, shall be maintained in good condition, and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks, or other parts of the public domain.
g. 
Scaffolding. No temporary painting scaffold or other temporary equipment used for construction repair or maintenance shall be permitted to remain in place beyond a period of six months after erection or placement thereof without permission of the public officers.
[Ord. No. 2016-8]
It shall be unlawful for any person to: dump, deposit, place or throw, or cause to permit to be dumped, deposited, placed or thrown, upon any property belonging to another person, without express permission of such owner, any barrels, boxes, cans, bottles, glasses, papers, or containers broken or otherwise susceptible of holding or containing liquids of any junk, garbage, rubbish, live or dead vegetation, grass, leaves, trees, branches, stumps, castoff building materials, soil, offal, or other offensive or unsightly matter.
[Ord. No. 2016-8]
It shall be unlawful for any owner, lessee or occupant of any lot or land to dump, deposit, place or throw, or permit to be dumped thereon, or allow to accumulate thereon, and fail to remove within five days after the service of the notice hereinafter provided for in subsection 18-15.2.15, any barrels, boxes, cans, bottles, glasses, papers or containers, broken or otherwise susceptible of holding or containing liquids; or any obnoxious growths, filth, junk, garbage, rubbish, dead vegetation, leaves, discarded building materials, sewerage, offal, trash, debris, or other offensive or unsightly matter.
[Ord. No. 2016-8]
It shall be unlawful for any owner, lessee, or occupant of any lot or land to permit or maintain on such lot or land, within a distance of 200 feet of any building, sidewalk, public place or the curbline of any street, any growth of weeds, grass or brush to a height of six inches or more, or any dead or dying trees, stumps, roots or other rank vegetation, and failure to remove such items within ten days after service of notice is hereinafter provided in subsection 18-15.2.15.
[Ord. No. 2016-8]
It shall be unlawful for any owner, lessee or occupant of any lot to maintain thereon any ingraded excavation, or any excavation in which water may become stagnant, and continue such condition in excess of ten days after service of the notice hereinafter provided in subsection 18-15.2.15.
[Ord. No. 2016-8]
In the event that the owner, lessee or occupant of lands fails to remove the substance or correct the condition prescribed as unlawful in subsections 18-15.2.11 to 18-15.2.14 hereinabove within ten days after the notice to remove or remedy the same, and the Code Official having determined that the same is necessary and expedient for the preservation of the public health, safety and general welfare, or to eliminate a fire hazard, the said Code Official or his/her designee may cause the substance to be removed or the condition to be corrected and the cost thereof to be certified to the Council, which shall examine the certificate and if found to be correct, adopt a resolution certifying the amount and authorizing said amount to be charged against said lands. The amount charged shall thereupon become a lien upon said lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as unpaid taxes, and shall be collected and enforced by the same officer and in the same manner as real estate taxes. The notice herein provided for shall be in writing and shall be served upon a resident of Scotch Plains personally, or by leaving it at his or her usual place of abode, and shall be served upon a nonresident of Scotch Plains by mailing the same to his or her last known address as shown on the tax records. This remedy shall be in addition to the penalties hereinafter provided.
[Ord. #16-2008]
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
[Ord. #16-2008]
Private swimming pools, hot tubs, and spas containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level, measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost. No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
[Ord. #16-2008]
A safety cover shall be provided and installed on all swimming pools from October 1 through April 30 of the succeeding year.
[Ord. #16-2008]
Floors shall be maintained in a structurally sound condition capable of safety bearing imposed loads, and shall be maintained at all times in a condition so as to be free of hazards.
[Ord. #16-2008]
Bathroom 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.
[Ord. #16-2008]
Supporting structural members shall be kept structurally sound, free from deterioration, and capable of safely bearing imposed loads.
[Ord. #16-2008]
In buildings containing not more than four occupancy units, it shall be responsibility of each of the occupants and, in buildings containing more than four occupancy units it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until removal thereof, and to provide for the periodic removal of all garbage and rubbish from the premises in accordance with the regulations and ordinances of the Township.
[Ord. #16-2008]
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
a. 
Such garbage is stored in watertight receptacles of metal or other material approved by the public officers, and provided with tight-fitting covers.
b. 
Such rubbish is stored in nonleaking receptacles of metal or other material approved by the public officers.
c. 
Such storage bins, rooms and areas are of smooth, easily cleanable construction, and are kept in a sanitary condition.
d. 
Such areas, if located outside of a building and visible from any public walk, street, or public parking area, are shielded by a method approved by the public officers, and constructed in compliance with the applicable provisions of the Building Code of the Township.
[Ord. #16-2008]
Rubbish and garbage shall be placed or kept on the property or within a building located thereon, or not nearer to the street line than the building line, or nearer to the street line than the face of the building, whichever distance from the street line is the greater, except during any "clean-up week" proclaimed by the Township Council.
a. 
Exception. That during the course of normal pick up dates trash, refuse, and garbage shall be allowed to be placed at the curb for proper removal and disposal. All trash receptacles shall be removed from the curb within eight hours from the time that the trash is removed.
[Ord. #16-2008]
All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
[Ord. #16-2008]
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.
[Ord. #16-2008]
The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
[Ord. #16-2008]
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
[Ord. #16-2008]
The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leak proof, covered, outside garbage container.
[Ord. #16-2008]
The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
[Ord. #16-2008]
Every occupant of a single-occupancy unit in a building comprising a single-occupancy unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and each occupant of any occupancy unit in any building which has more than one occupancy unit shall be responsible for such extermination whenever his occupancy unit is the only one infested. Notwithstanding the foregoing provision of this subsection, whenever infestation is caused by failure of the owner or operator to maintain any such building in a reasonably pest proof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the occupancy units in any building or in the common parts of any building containing two or more occupancy units, extermination thereof shall be the responsibility of the owner and operator.
[Ord. #16-2008]
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
[Ord. #16-2008]
All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
[Ord. #16-2008]
Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 0.5 inch.
[Ord. #16-2008]
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
[Ord. #16-2008]
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
[Ord. #16-2008]
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
[Ord. #16-2008]
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
[Ord. #16-2008]
All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
[Ord. #16-2008]
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
[Ord. #16-2008]
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
[Ord. #16-2008]
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
[Ord. #16-2008]
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
[Ord. #16-2008]
Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
[Ord. #16-2008]
All glazing materials shall be maintained free from cracks and holes.
[Ord. #16-2008]
Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
[Ord. #16-2008]
During the period from May 1 to October 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
a. 
Exception. Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
[Ord. #16-2008]
All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with subsection 18:29.4
[Ord. #16-2008]
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
[Ord. #16-2008]
Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
[Ord. #16-2008]
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
[Ord. #16-2008]
All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
[Ord. #16-2008]
All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.
[Ord. #16-2008]
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
[Ord. #16-2008]
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
[Ord. #16-2008]
Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
[Ord. #16-2008]
Every exterior and interior flight of stairs having more than three risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp, or other walking surface which is more than 30 inches (above the floor or grade below shall have guards. Handrails shall not be less than 30 inches high or more than 38 inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 36 inches high above the floor of the landing, balcony, porch, deck, or ramp, or other walking surface.
[Ord. #16-2008]
All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
[Ord. #16-2008]
The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
[Ord. #16-2008]
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
[Ord. #16-2008]
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
[Ord. #16-2008]
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
a. 
Exception. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
Every building shall be provided with electric service, here required, in accordance with the standards of the National Electrical Code, 1975, as amended from time to time.
Every bathroom and water-closet compartment shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electrical shock from a simultaneous contact with a water-supply fixture.
[Ord. #16-2008]
Maximum fuse sizes as specified by the National Electrical Code, 1975, as amended from time to time, 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. Owners and operators shall not be held responsible for violations in fuse sizes where the correct maximum size is stated and the fuse box is located within any part of the building which is the exclusive possession of an occupant or occupants other than the owner.
Upon discovery by an occupant of any condition on the premises which constitutes a violation of this code, the occupant shall report the same to the public officers responsible for enforcement of this Code.
[Ord. #16-2008]
All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe, or which would prevent the owner or operator from performing any duty required hereunder.
[Ord. #16-2008]
The Construction Official and Health Officer of the Township are hereby designated as the public officers to exercise the powers prescribed by this Code. They may appoint or designate such other public officials or employees of the Township to perform such of their functions and powers under this Code as they deem necessary for the enforcement of this Code including the making of inspections and holding of hearings. Either the Construction Official or Health Officer may act together or singularly to exercise the powers prescribed by this Code and either one or both shall have full powers as granted under this Code.
[Ord. #16-2008]
All premises within the Township covered by this Code shall be subject to inspection from time to time by the public officers to determine the condition thereof in order that they may perform their duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the public officers are hereby authorized to enter, examine and survey at all reasonable times all such premises; provided, however, that such entries are made in such manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the public officers free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this Code or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this Code.
[Ord. #16-2008]
For the purposes of Code the public officers or either of them may determine that a building is unfit for human habitation, use or occupancy if they find that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or other residents of the Township. 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 sanitation facilities; dilapidation; deterioration; disrepair, structural defects; uncleanliness; or failure to comply with the standards established by Section 18-6.
[Ord. #16-2008]
If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the public officers or either of them may cause such building to be repaired, altered or improved, or to be vacated and closed; and 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."
[Ord. #16-2008]
If the owner fails to comply with an order to remove or demolish the building, the public officers or either of them 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.
[Ord. #16-2008]
The amount of:
a. 
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 Code determined in favor of the Township; and
b. 
The cost of any such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, undertaken pursuant to any provisions of Section 18-7 hereof, 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.
c. 
If the building is removed or demolished by the public officers or either of them, they shall see 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 (herein called the municipal lien certificate) of the aforesaid costs and the amount so due shall be filed by the public officers or either of them with the Municipal Tax Assessor of the Township and a copy thereof shall be forthwith forwarded by the public officers or either of them to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the public officers or either of them, 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 contained in this Code shall be construed to limit or impair in any way the power of the Township 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 municipal 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. #16-2008]
a. 
Who May Apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this Code without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the public officers or either of them setting forth the facts and applying for a certificate of necessity, the public officers or either of them shall serve written notice of a hearing on the application upon the applicant for such certificate and upon the owner or person empowered to grant such access. The notice of hearing shall state the matters to be considered at the hearing and shall be served in the manner prescribed for the service of complaints and orders by New Jersey Statutes Annotated 40:48-2.7, except that the public officers shall not be required to record or lodge a copy of such notice with the county recording officer or the County of Union.
b. 
Issuance of Certificate; Conditions. If the public officers or either of them determine that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this Code, then the public officers or either of them shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damage and, where the public officers or either of them deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set for the bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. The bond, if required, shall be filed with the public officers.
c. 
Refusal to Comply with Certificate. Any refusal to comply with a certificate issued hereunder or any interference with the purpose of which a certificate is issued, shall be a violation of this Code, and, in addition to the penalties provided hereunder, the public officers or either of them may, upon affidavit setting forth the facts, apply to the Municipal Judge for a warrant authorizing access and, if the Municipal Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a warrant permitting access.
[Ord. #16-2008]
Complaints, orders and certificates of necessity issued by the public officer pursuant to this Code shall be served and recorded or lodged for record in the manner prescribed by New Jersey Statutes Annotated 40:48-2. 7.
[Ord. #16-2008]
The public officers or either of them are hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this Code, including but not limited to the following in addition to others herein granted:
a. 
To administer oaths, affirmations, examine witnesses and receive evidence, and
b. 
To make and adopt such written rules and regulations as they may deem necessary, and the Township Council approves by resolution, for the proper enforcement of the provisions of this Code; provided, however, that such rules and regulations shall not be in conflict with the provisions of this Code, nor in any way alter, amend, add to or supersede any of the provisions hereof. The public officers shall file a certified copy of all such rules and regulations in their office and in the office of the Township Clerk.
[Ord. #16-2008]
The public officers shall in the month of December of each year review with the Fire Chief, Township Engineer and Township Attorney the procedure and operation of this Code and report to the Township Council on or before January 1:
a. 
Any recommended amendments, additions or modifications of the provisions of this Code consonant with the field experience of the personnel charged with enforcement.
b. 
A summary of the enforcement experiences 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 Township Council with an annual account of the maintenance of the standards required by this Code.
c. 
Any further recommendations as to how this Code and the procedures and operations thereunder may be improved.
[Ord. #16-2008]
First time offenders shall, at the discretion of the enforcement officer, be given 72 hours' notice to abate the violation or a minimum of a one hundred ($100.00) dollar fine per day per offense. A second time offender, upon conviction, shall be given a minimum fine of $250 per day per offense. A third time offender, upon conviction, shall be fined a minimum of $500 per day per violation. Any person who shall violate any provisions of this Code for four or more times, upon conviction shall be fined a minimum of $1,000 per day per violation or imprisonment not exceeding 30 days, or both, as referenced in Section 3-1 of the Township's ordinances.
[Ord. #16-2008]
The provisions of this section shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
[Ord. #16-2008]
The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
[Ord. #16-2008]
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
[Ord. #16-2008]
Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever 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.
a. 
Exception. Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the total floor area being served.
[Ord. #16-2008]
Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet. In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated the building space served by the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads.
[Ord. #16-2008]
All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
[Ord. #16-2008]
Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in subsection 18-26.2.1.
a. 
Exception. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at eight percent of the floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
[Ord. #16-2008]
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section PM403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system.
Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
[Ord. #16-2008]
Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit.
a. 
Exception. Where specifically approved in writing by the Code Official.
[Ord. #16-2008]
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be re-circulated to any space.
[Ord. #16-2008]
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instruction.
[Ord. #16-2008]
Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
[Ord. #16-2008]
A habitable room, other than a kitchen, shall not be less than seven feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.
[Ord. #16-2008]
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet.
a. 
Exceptions.
1. 
In one-and two-family dwellings, beams or girders spaced not less than four feet on center and projecting not more than six inches below the required ceiling height.
2. 
Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight (6'8") inches with not less than six feet four inches (6'4") of clear height under beams, girders, ducts and similar obstructions.
3. 
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet or more shall be included.
[Ord. #16-2008]
Every bedroom shall comply with the requirements of subsections 18-25.4.4.1 through 18-25.5.
[Ord. #16-2008]
Every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
[Ord. #16-2008]
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
a. 
Exception. Units that contain fewer than two bedrooms.
[Ord. #16-2008]
Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
[Ord. #16-2008]
Kitchens and uninhabitable spaces shall not be used for sleeping purposes.
[Ord. #16-2008]
Bedrooms shall comply with the applicable provisions of this Code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Section 18-27; the heating facilities and electrical receptacle requirements of Section 18-26; and the smoke detector and emergency escape requirements of subsections 18-29.2.2 and 18-29.4.
[Ord. #16-2008]
Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 18-25.5a.
Table 18-25.5a
Minimum Area Requirements
Minimum Area In Square Feet
Space
1 - 2 Occupants
3 - 5 Occupants
6 or More Occupants
Living Rooma,b
No Requirements
120
150
Dining Rooma,b
No Requirements
80
100
Bedroom
Shall comply with subsection 18-26.4.4.1
For SI: 1 square foot
a. See subsection 18-26.5.2 for combined living room/dining room spaces.
b. See subsection 18-26.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
[Ord. #16-2008]
The minimum occupancy area required by Table 18-26.5a shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with subsection 18-25.4.4.
[Ord. #16-2008]
Combined living room and dining room spaces shall comply with the requirements of Table 18-25.5a if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
[Ord. #16-2008]
Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
a. 
A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet. These required areas shall be exclusive of the areas required by paragraphs a and b.
b. 
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this Code shall be provided.
c. 
The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
d. 
The maximum number of occupants shall be three.
[Ord. #16-2008]
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
[Ord. #16-2008]
The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
[Ord. #16-2008]
The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter.
[Ord. #16-2008]
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
[Ord. #16-2008]
At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
[Ord. #16-2008]
Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.
[Ord. #16-2008]
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
[Ord. #16-2008]
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
[Ord. #16-2008]
All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
[Ord. #16-2008]
Plumbing fixtures shall have adequate clearances for usage and cleaning.
[Ord. #16-2008]
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants of the structure by reason of inadequate service, inadequate venting, cross-connection, back-siphonage, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
[Ord. #16-2008]
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the National Plumbing Code.
[Ord. #16-2008]
The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
[Ord. #16-2008]
The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
[Ord. #16-2008]
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120°F. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
[Ord. #16-2008]
All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
[Ord. #16-2008]
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
[Ord. #16-2008]
The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
[Ord. #16-2008]
The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter.
[Ord. #16-2008]
Heating facilities shall be provided in structures as required by this section. Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 68 degrees Fahrenheit when the outside temperature is zero degrees Fahrenheit. The temperature shall be read at a height of three feet above floor level at the center of the room.
[Ord. #16-2008]
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix PD of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
[Ord. #16-2008]
Every owner of a dwelling, who permits to be occupied any dwelling unit or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply adequate heat to maintain therein a minimum inside temperature in all habitable rooms, and bathrooms, of 68 degrees Fahrenheit between the hours of 6:00 a.m. and 11:00 p.m., and 65 degrees Fahrenheit between the hours of 11:00 p.m to 6:00 a.m., from October 1 of each year to the next succeeding May 1.
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat whenever heating facilities are under the control of the owner or whenever two or more dwelling units or lodging units are heated by a common facility.
The owner shall be responsible for compliance with all provisions of this Code or specified as the responsibility of occupants.
a. 
Exception. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.
b. 
Exceptions.
1. 
Processing, storage and operation areas that require cooling or special temperature conditions.
2. 
Areas in which persons are primarily engaged in vigorous physical activities.
[Ord. #16-2008]
The required room temperatures shall be measured three feet above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.
[Ord. #16-2008]
All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
[Ord. #16-2008]
All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
a. 
Exception. Fuel-burning equipment and appliances which are labeled for unvented operation.
[Ord. #16-2008]
All required clearances to combustible materials shall be maintained.
[Ord. #16-2008]
All safety controls for fuel-burning equipment shall be maintained in effective operation.
[Ord. #16-2008]
A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
[Ord. #16-2008]
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
[Ord. #16-2008]
Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and subsection 18-28.5.
[Ord. #16-2008]
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
[Ord. #16-2008]
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
[Ord. #16-2008]
All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
[Ord. #16-2008]
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
[Ord. #16-2008]
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.
[Ord. #16-2008]
Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator.
[Ord. #16-2008]
In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
a. 
Exception. Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
[Ord. #16-2008]
Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
[Ord. #16-2008]
The provisions of this section shall govern the occupancy and maintenance of all structures and premises for precautions against fire and the spread of fire.
[Ord. #16-2008]
Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures, or upon premises.
[Ord. #16-2008]
Accumulation of wastepaper, wood, hay, straw, weeds, litter, or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle, or other similar structure.
[Ord. #16-2008]
Weeds, grass, vines, or other growth that is capable of being ignited and endangering property shall be cut down and removed by the owner or occupant of the premises.
[Ord. #16-2008]
Spaces underneath grandstand and bleacher seats shall be kept free from combustible and flammable materials; except where enclosed in not less than one-hour fire-resistance-rated construction. Spaces underneath grandstand and bleacher seats shall not be occupied or utilized for purposes other than means of egress.
[Ord. #16-2008]
Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety, and welfare.
[Ord. #16-2008]
Combustible rubbish and waste material kept within a structure shall not be stored in accordance with subsections 18-28.2.3.1 and 18-28.2.3.2.
[Ord. #16-2008]
Materials susceptible to spontaneous ignition, such as oily rags, shall be stored in a listed disposal container. Contents of such containers shall be removed and disposed of daily.
[Ord. #16-2008]
Containers with a capacity exceeding 5.33 cubic feet (40 gallons) shall be provided with lids. Containers and lids shall be constructed of noncombustible materials or approved combustible materials.
[Ord. #16-2008]
Temporarily unoccupied buildings, structure, premises or portions thereof, including tenant spaces shall be safeguarded and maintained in accordance with this section.
[Ord. #16-2008]
Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation.
[Ord. #16-2008]
[Ord. #16-2008]
Exterior openings and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked, or otherwise protected, to prevent entry by unauthorized individuals.
[Ord. #16-2008]
The provisions of this chapter shall govern the occupancy and maintenance of all structures and premises for precautions against fire and the spread of fire.
[Ord. #16-2008]
The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
[Ord. #16-2008]
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way.
[Ord. #16-2008]
All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort.
[Ord. #16-2008]
Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the Construction Codes in effect under the UCC, and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with the Construction Code in effect under the UCC.
[Ord. #16-2008]
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
[Ord. #16-2008]
Required opening protectives shall be maintained in an operative condition. All fire and smoke-stop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
[Ord. #16-2008]
Existing Group R occupancies not already provided with single-station smoke alarms shall be provided with approved single-station smoke alarms/detectors.