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; amended 8-10-2021 by Ord. No. 2021-19]
For purposes of property maintenance enforcement, the Construction
Code Official and the Fire Official shall be designated and hereafter
jointly and each 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:
[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:
Shall mean approved by the Code Official.
Shall mean that portion of a building which is partly or
completely below grade.
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.
Shall mean any room or space used, or intended to be used,
for sleeping purposes.
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.
Shall mean the official who is charged with administration
and enforcement of this Code, or any duly authorized representative.
Shall mean to adjudge unfit for occupancy.
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.
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.
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.
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.
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.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Shall mean the control and elimination of insects, 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.
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.
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.
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.
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.
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.
Shall mean a condition which could cause serious or life-threatening
injury or death at any time.
Shall mean the presence, on, within, or contiguous to, a
structure or premises, of insects, rats, vermin, or other pests.
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.
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.
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.
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.
Shall mean:
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.
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.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Whatever renders air, food, or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Shall mean the purpose for which a building or portion thereof
is utilized or occupied.
Shall mean any individual living or sleeping in a building
or having possession of a space within a building.
Shall mean the part of a window, skylight, or door which
is available for unobstructed ventilation and which opens directly
to the outdoors.
Shall mean any person who has charge, care or control of
a structure or premises which is let or offered for occupancy.
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.
Shall mean all individuals, associations, and corporations
who have interests of record in a building and any who are in actual
possessions thereof.
Shall mean an individual, corporation, partnership, or any
other group acting as a unit.
Shall mean a lot, plot, or parcel of land, easement, or public
way, including any structures thereon.
Shall mean the person(s) who are authorized by this chapter
to exercise powers prescribed by this Code.
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.
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.
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.
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.
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.
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.
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.
Shall mean a room containing a water closet or urinal but
not a bathtub or shower.
Shall mean the property of admitting the passage of light
but diffusing it so that objects beyond it cannot be clearly distinguished.
Shall mean the natural or mechanical process of supplying
conditioned or unconditioned air to, or removing such air from, any
space.
Shall mean an enclosure containing a single water closet.
Shall mean deterioration, decay or damage caused by exposure
to the elements.
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.
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.
Shall mean executed in a skilled manner, e.g. generally plumb,
level, square, in line, undamaged and without marring adjacent work.
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; amended 8-10-2021 by Ord. No. 2021-19]
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 or the Code Official, 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; amended 7-19-2022 by Ord. No. 2022-15]
a.
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 18-15.2.1 through 18-15.2.14 hereinabove within three 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 Code Official or his/her designee may cause the substance to be removed or the condition to be corrected and the cost thereof, plus an administrative fee of 15%, 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 administrative fee shall be subject to a minimum amount of $500. 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.
b.
Any and all administrative fee amounts collected as a result of this
section shall be used exclusively for the replacement of materials
and equipment utilized by the Code Official for the purposes of enforcement
of this section and shall be held in trust by the Township's
Chief Financial Officer for that purpose.
[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; amended 8-10-2021 by Ord. No. 2021-19]
The Construction Official, the Fire 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, the Fire
Official, or Health Officer may act together or singularly to exercise
the powers prescribed by this Code and one or any of them 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; amended 8-10-2021 by Ord. No. 2021-19]
For the purposes of Code, the public officers or any 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; amended 8-10-2021 by Ord. No. 2021-19]
The public officers or any 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 $100 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 inches with not less than six feet
four inches 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
| ||
[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.
[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]
Temporarily unoccupied buildings, structures, premises or portions
thereof shall be secured and protected in accordance with this section.
[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.
