[R.O. 1966 § 15:1-1]
This Title shall be known as "The Housing Code of The City of Newark" and may be referred to as "The Housing Code."[1]
[1]
Editor's Note: See also Chapter 6 for Housing and Zoning Regulations (Certificate of Code Compliance).
[R.O. 1966 § 15:1-2]
The purpose of this Title is to protect health, safety, welfare and morals of the people of the City by enacting a Housing Code which establishes minimum housing standards, determines the respective responsibilities of owners, operators and occupants of dwellings now in existence or which may hereafter be constructed or established, provides for the enforcement of provisions pertaining to such standards and responsibilities, and provides penalties for the violation of such Housing Code.
[R.O. 1966 § 15:1-3; Ord. 6PSF-F, 6-15-2016]
a. 
As used in this chapter:
ACCESSORY STRUCTURE
Shall mean a structure located on the same premises and the use of which is incidental to that of the main building.
BASEMENT
Shall mean the portion of the building which is partly underground and which has more than one-half of its height, measured from clear floor to ceiling, above the average adjoining ground level. Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, pits or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching, pits, or trenching.
CELLAR
Shall mean the lowermost portion of the building partly or totally underground, having half or more of its height measured from clear floor to ceiling below the average adjoining ground level. Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, pits, or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching, pits, or trenching.
CENTRAL HEATING SYSTEM
Shall mean a system whereby heat is furnished from a central source of supply by a heat producing mechanism or device which is completely separated from those parts of the dwelling to which heat is supplied.
DIRECTOR
Shall mean the Director of the Department of Engineering of the City, or such other City official or officials as shall be designated to act in his/her behalf.
DWELLING
Shall mean any structure which is used or is intended, arranged or designed for use by human occupants for living or sleeping purposes, whether occupied or vacant, inclusive of dwelling units and rooming units as defined herein.
DWELLING UNIT
Shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or designed for living, sleeping, cooking and eating, bathing and toilet purposes.
ELECTRICAL BUREAU
Shall mean the Electrical Subcode Official in the Department of Engineering.
EXTERMINATION
Shall mean the control and elimination of infestation, as defined herein, by eliminating harboring places, removing or making inaccessible any food, dirt, waste, or other materials that may stimulate increased infestation, and includes pest control by poisoning, spraying, trapping, fumigation by licensed fumigator, or other means of pest elimination procedure.
HABITABLE ROOM
Shall mean a room or enclosed floor space used or designed to be used for living, sleeping, cooking or eating, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage space.
INFESTATION
Shall mean household pests, vermin, rodents, insects, nesting places and conditions for nesting.
MANAGER, DIVISION OF TAX ABATEMENT AND SPECIAL TAXES
Shall mean the Manager of the Division of Tax Abatement and Special Taxes in the Department of Finance.
OCCUPANT
Shall mean any person or persons in actual possession of, and living in a dwelling or dwelling unit, including the owner and operator.
OPERATOR
Shall mean any person who has charge, care or control of a building with or without the consent or knowledge of the owner.
OWNER
Shall mean any person who has legal title to any dwelling, with or without accompanying actual possession thereof; or, who has equitable title and is either in actual possession or collects rents therefrom; or, who as executor, executrix, trustee, guardian, or receiver of the estate of the owner, or as mortgagee or as vendee in possession either by virtue of a court order or by agreement or voluntary surrender of the premises by the person holding the legal title, or as collector of rents, has charge, care or control of any dwelling. Any person who is a lessee or assignee subletting or assigning any part or all of any dwelling shall have joint responsibility over the portion of the premises sublet or assigned.
PLUMBING
Shall mean and include gas pipes and provided gas burning equipment, heaters and tanks or boiler for hot water, waste pipes, water pipes, water closets, sinks, lavatories, furnace for steam heat and other heating appliances, bathtubs, shower-baths, catchbasins, drains, vents, water-cooled air conditioning system, and any other provided fixtures, together with the connection to the water, sewer or gas lines.
PREMISES
Shall mean land and buildings and structures thereon.
PROVIDED
Shall mean furnished, supplied, paid for or under the control of the owner or operator or his designee.
RELATED PERSONS OR PERSONS RELATED
Shall mean two or more persons who live together in one dwelling unit and maintain a common household, and who are related by blood, marriage or adoption, except as hereinafter provided. For the purpose of this Housing Code, related persons shall include only a husband and wife, son, son-in-law, daughter, daughter-in-law, brother-in-law, sister-in-law, nephews and nieces, father, father-in-law, mother, mother-in-law, brother and sister, grandparents, grandchild, stepchild, adopted child and bona fide family servants living in and working full time on the premises.
UTILITIES
Shall mean gas services and equipment therefor; electric service and equipment therefor; water supply, including hot water, and equipment therefor; heat and equipment therefor; refrigeration service and equipment therefor; and house-bell system and equipment therefor.
WATER-CLOSET
Shall mean a toilet.
WATER-CLOSET COMPARTMENT
Shall mean an enclosed space containing one or more toilets or one or more urinals, and other plumbing appliances.
b. 
Whenever the words "dwelling," "dwelling unit," "habitable room," "premises," "structure" or "building" are used in this Code, they shall be construed so as to include the plural of these words, and be so interpreted as if they were followed by the words "or any part thereof."
[R.O. 1966 § 15:1-4]
This Housing Code shall apply to all buildings which are made subject to its provisions, irrespective of the date when such buildings were constructed or may in the future be constructed.
[R.O. 1966 § 15:1-5; Ord. 6PSF-A(S), 1-7-2016]
The Director is hereby authorized and empowered to promulgate written rules and regulations approved by the Council for the proper administration of the provisions of this Housing Code; provided, that such rules and regulations shall not be in conflict with the provisions of this Housing Code. The Director shall file a certified copy under his/her hand and seal, of such rules and regulations with the City Clerk, the Director of the Department of Public Safety, the Division of Police, the Division of Fire and the Manager, Division of Licenses. Such rules and regulations shall have the same force and effect as the provisions of this Housing Code. The penalty for violation of such rules and regulations shall be the same as the penalty for violation of the provisions of this Housing Code, as provided in Chapter 18:6 of this Housing Code.
[R.O. 1966 § 15:1-6]
In any case where a provision of this Housing Code is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or other ordinances or codes of the City of Newark in force on the effective date of this Code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail and the lower standard is hereby declared to be repealed to the extent that it is in conflict with the higher standard provision.
[R.O. 1966 § 15:1-7]
The duties and obligations of the owner, operator and occupant, as stated in this Housing Code, shall be separate and distinct.
[R.O. 1966 C.S. § 15:2-1; Ord. 6PSF-F, 6-15-2016]
a. 
The Director of the Department of Engineering and his/her duly authorized agents, shall have the right and privilege to enter into and upon any lands in the City whereon any building or structure is or may be erected and of entering into any such building or structure, for the purpose of examining the condition of the same and to determine whether the condition thereof is such, as to constitute a violation of any section, subsection or other provision of this Housing Code.
b. 
Except as may be otherwise provided in subsection 18:1-2.6 or in any other provision of this Housing Code, the Director shall notify in writing, by registered or certified mail or personal service as is more specifically provided in paragraph c of this section, the owner operator or occupant of a dwelling, as the case may be, of the existence of a condition or conditions which constitute the violation of any section, subsection or other provision of this Housing Code. As used in the provisions of this section relating to notice of violation, the words "day" and "days" shall not include Saturdays, Sundays and holidays.
c. 
In the case of an owner or operator, the notice may be served personally upon him/her, or by certified or registered mail addressed to his/her last known address. If, after due diligence, the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the dwelling. Personal service of the notice upon a member of the family of the owner or operator over 14 years of age, residing in the same dwelling unit with the owner, or operator, shall be deemed personal service upon the owner as the case may be. In the case of an occupant, notice may be mailed or delivered to him/her at his/her dwelling unit or rooming unit, or posted upon the door of his/her dwelling unit or rooming unit.
[R.O. 1966 § 15:2-2]
For the purpose of enforcement of this Housing Code, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until the violations are abated in conformity with this Housing Code and other applicable ordinances of the City.
[R.O. 1966 § 15:2-3]
The notice of violation shall contain the following:
a. 
Such notice shall designate the dwelling in violation.
b. 
Such notice shall contain a statement of the violations existing in the dwelling and the correction thereof sought by the Director.
c. 
Such notice shall specify a reasonable time, not to exceed 30 days from the date of service of the notice, in which the notice shall be complied with and the violation abated, corrected or eliminated. Where it shall appear that by reason of the existing violation there is an immediate danger to the life, health or safety of the occupant or any member of his/her family, or to others who may be on or about the premises, the owner, operator or occupant, as the case may be, may be forthwith required to abate or repair the condition complained of.
d. 
Such notice shall, in 10-point bold type or larger, apprise such person of his/her right to request a hearing pursuant to this section.
[R.O. 1966 § 15:2-4]
Any person served with any notice referred to heretofore in this section may request a hearing thereon, provided such request is made in writing and filed with the Director within five days after the day the notice was served. Upon receipt of such request the Director shall set a time and place for such hearing, to be held not later than 25 days after the receipt and filing of such request. The Director shall give a ten-day written notice of such hearing by certified or registered mail to such person. If the Director at such hearing shall determine that no cause was shown why the notice of violation should be modified or withdrawn, the violation complained of in the notice thereof shall be abated, repaired or corrected within 15 days from the date of such hearing, except as provided in subsection 18:1-2.3, paragraph c in cases of immediate danger. If at such hearing the Director shall find that the violations cannot reasonably be abated within the time set forth in the notice he/she may extend the time for compliance to such period as in his/her judgment the circumstances shall warrant.
[R.O. 1966 § 15:2-5]
Where there exists a violation of the occupancy standards set forth in the provisions of Section 18:3-1.70 et seq., Article 9 of this Housing Code, and where it has been satisfactorily drawn to the attention of the Director that an owner or operator, after receipt of a notice of violation of the provisions of Section 18:3-1.70 et seq. is unable to eliminate the violation by peaceable means within the period of time specified in the notice, and such owner or operator has commenced within such period legal action to dispossess, evict or eject the occupants who cause the violation, no further action shall then be taken against the owner or operator so long as the action as aforesaid is pending in court and is prosecuted expeditiously and in good faith by such owner or operator.
[R.O. 1966 § 15:2-6]
For the enforcement of subsections 18:3-1.19, 18:3-1.28, 18:3-1.77, 18:3-1.89, 18:4-1.10, 18:4-1.11 or 18:4-1.14 of this Housing Code, it shall not be necessary for the Director to first give notice of the violation or to first comply with Section 18:2-1 of this Code, or the preceding subsections of this Section 18:1-2, before instituting proceedings in the Municipal Court for a penalty for violation of any of those provisions.
[R.O. 1966 C.S. § 15:2-7; Ord. 6 S+FB, 11-21-1994; Ord. 6 S+FF, 9-20-1995; Ord. 6PSF-F, 6-15-2016]
a. 
Any person who shall violate any provision of this Housing Code or of any rule or regulation promulgated by the Director pursuant to authority granted by this Code and as approved by the Council, shall upon conviction be punished by a fine of not more than $100 for each such provision violated except as provided for in paragraph e of this section. Each day's failure to comply with any such provision, including paragraph e shall constitute a separate offense. Furthermore, the Court shall require any person found in violation of any provision of this Housing Code to attend an instructional course relating to compliance with the provisions of the Code. The instructional course shall be conducted on a quarterly basis by the Department of Engineering (Manager of the Office of Inspection and Enforcement or his/her designee). The Director of the Department of Engineering shall establish the time and place where the course will be conducted.
b. 
The Court may cause a defendant who refuses or neglects to pay the amount of the fine imposed against him/her and all costs and charges incident thereto to be committed to the Essex County Jail for a period not exceeding 90 days.
c. 
In case a defendant shall have been twice convicted within the space of six months of the violation of this Housing Code and the proof of this fact is made, the Court may, in addition to the imposition of the penalty prescribed by paragraphs a and b of this section, cause the defendant to be imprisoned in the Essex County Jail with or without hard labor for any number of days not exceeding one day for each dollar of the penalty.
d. 
Where the defendant is other than a natural person or persons, paragraphs b and c of this section shall apply to any agent, officer, member or partner who shall, alone or with others have charge, care or control of the premises within the definition of "owner" under this Housing Code.
e. 
Any person who rents, permits or suffers anyone to rent or occupy, voluntarily or involuntarily a building declared unfit for human habitation as defined in Chapter 18:10, shall upon conviction of the offense, be punished by a fine of not more than $100. Each day's violation shall constitute a separate offense.