[Ord. 6 S+FA, 2-21-1990 § 15:1-2.1; Ord. 6PSF-F, 6-15-2016]
This chapter shall be known as "The Housing and Zoning Regulations of the Department of Engineering, of the City of Newark."
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:1-2.1]
The purpose of these regulations is to establish standards for the issuance of a Certificate of Code Compliance.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:1-3.1; Ord. 6PSF-F, 6-15-2016]
As used in this chapter:
Shall mean a structure located on the same premises and the use of which is incidental to that of the main building.
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.
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.
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.
Shall mean the Director of the Department of Engineering, or such other City official or officials as he/she shall designate to act in his/her behalf.
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.
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.
Shall mean the control and elimination of infestation.
Shall mean household pests, vermin, rodents, insects, nesting places and conditions of nesting.
Shall mean the Manager of the Division of Tax Abatement and Special Taxes in the Department of Finance.
Shall mean any person who has legal title to any dwelling.
Shall mean and include gas pipes and provided gas burning equipment, heaters and tanks or boilers for hot water, waste pipes, water pipes, waterclosets, sinks, lavatories, furnaces for steam; heat and other heating appliances, bathtubs, shower-baths, catchbasins, drains, vents, water-cooled air conditioning systems, and any other provided features, together with the connection to the water, sewer or gas lines.
Shall mean land and buildings, and structures thereon.
Shall mean gas service and equipment therefor; electric service and equipment therefor; water supply, including hot water, and equipment therefor; heat and equipment therefor; refrigeration services and equipment therefor; and house-bell system and equipment therefor.
Shall mean a toilet.
Shall mean an enclosed space containing one or more toilets or one or more urinals, and other plumbing appliances.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-1.1]
It shall be the responsibility of the owner to comply with the provisions of these regulations.
[Ord. 6 S+FA, 2-21-1990 § 15:4-2.1]
Every dwelling and every part thereof shall be in a state of sound repair and in a clean and sanitary condition.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-3.1]
The premises under the control of the owner shall be free from conditions which constitute a hazard to health or safety.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-4.1]
Sidewalls, window frames, doors and other woodwork, ceilings of every habitable room, bathrooms, water-closet compartments, pantries, laundries, foyers, halls, corridors, closets and compartments within a dwelling shall be sufficiently painted, plastered and papered so that the same shall have a clean and washable surface.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-5.1]
All roofs, gutters, leaders, drains, side walls, windows, window frames, doors and other parts of a dwelling shall be structurally sound and reasonably free from evidences of apparent defects.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-6.1]
a.
Exterior. The exterior areas of the premises and accessory structures shall be free from filth, ashes, rubbish, refuse, junk, slop, wood, paper or other materials.
b.
Interior. All common areaways, stairways, halls, attics, cellars or basements or other parts of the dwelling shall be free from filth, ashes, rubbish, refuse, junk, slop, wood, paper or other materials.
c.
Drainage. All premises shall be so drained as to prevent any accumulation of water thereon.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-7.1]
All premises shall be free from infestation and sources of infestation and, when discovered, the same shall be exterminated forthwith.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-8.1]
Doors, windows and other openings to the exterior of the dwelling shall have screens in good condition.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-9.1]
a.
Foundation walls shall be in good repair and be structurally sound.
b.
The siding, walls, roofs, stairs, porches, balconies and other structural parts of the building shall be in good repair, structurally sound and free from evidence of deterioration.
c.
All porches, landings, balconies and stairs shall be provided with banisters, railings or other protection, properly designed to minimize the hazard of falling.
d.
Except where already paved, the floors of basements and cellars shall be paved with stone or cinder concrete.
e.
All exterior surfaces not inherently resistant to decay shall be painted or otherwise provided with a protective coating sufficient to prevent structural deterioration.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-10.1]
All habitable rooms, bathrooms and water-closet compartments shall be heated by central heating or, in lieu thereof, by a system vented by flue stacks to accommodate permanent heating fixtures or apparatus, except where heating is by electrical energy, in which case no flue stacks shall be required.
[Ord. 6 S+FA, 2-21-1990 § 15:4-11.1]
a.
All central heating systems shall be of a type approved by the Chief Inspector of the Bureau of Fire Prevention and Fire Safety Division of Fire Prevention and Life Safety. See Chapter 11.
b.
The central heating system shall be located in an area or space which is ventilated and completely separated by fire retarding walls or partitions, and which area or space shall contain means of ingress and egress in accordance with the laws, ordinances and regulations of the City pertaining to fire prevention and safety.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-12.1]
Any permanent heating system using electricity as a source of heat shall conform to all the regulations of the Uniform Construction Code.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-13.1]
The chimneys, smokestacks, smokepipes and flues, other pipes, the heating equipment, furnaces and boilers in the dwelling shall be free of defects and in good operating condition.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-15.1]
All sinks, basins, showers and baths shall have supplied hot and cold running water. All toilets, urinals and water closets shall have supplied cold running water in adequate quantity to provide a minimum rate of flow of such water at any faucet or fixture of not less than one gallon per minute.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-16.1]
The hot water storage tanks and hot water pipes shall be free from leaks and other defects.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-18.1]
Each dwelling unit shall have a separate, self-contained cooking facility which contains:
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-19.1]
Each dwelling unit shall contain a flush water closet, lavatory basin and a shower or bath. Such facilities shall be located in a separate room affording privacy to persons using the facilities and shall be accessible to any persons using the facilities directly from within the dwelling unit.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-20.1]
The facilities shall be connected through pipes to a water and sewer system in accordance with all applicable codes, and shall be free from leaks or other defects.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-22.1]
Every habitable room shall be provided with a window or skylight which opens directly to the outer air.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-23.1]
Where natural ventilation is not provided, every habitable room, water closet compartment and bathroom shall be ventilated by mechanical means.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 15:4-24.1]
Every habitable room, bathroom, hall, water closet, compartment, laundry, and communicating corridor shall be equipped with, and every pantry, foyer, closet, and storage space shall be sufficiently illuminated by or equipped with, safe artificial lighting service. All wiring and electrical facilities shall conform to all the regulations of the Electrical Bureau of the City.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 22:3-1.1]
Every curb, sidewalk, driveway and paved area on the premises or in front of the premises shall be well and sufficiently paved and maintained in good repair.
[Ord. 6 S+FG. 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 22:3-7.1]
The unpaved portions surrounding the premises shall be properly graded and neatly and sufficiently covered and maintained with gravel, broken stone screenings, grass or sodding.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 22:3-7.2]
The premises surrounding any residence in the City shall be free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, solid waste, refuse, debris and discarded items of any nature.
[Ord. 6 S+FG, 12-6-1989; Ord. 6 S+FA, 2-21-1990 § 27:1-1.1]
Every dwelling shall be in compliance with Title XLI, Zoning and Land Use Regulations of the Revised General Ordinances of the City of Newark, Section 41:1-1 et seq.
[Ord. 6PSF-A, 11-18-2019; amended 1-8-2020 by Ord. No. 6PSF-C, 01-08-2020]
a.
Prior to any change in occupancy of any hotel, dwelling unit, rooming house, rooming unit, boardinghouse, motel, apartment unit or premises which is used, partially used or intended to be used for human occupancy, a Certificate of Code Compliance shall first have been obtained from the Department of Engineering, Office of Inspections and Enforcement, stating that the rental unit has complied with the requirements of the Housing Code. In the case of a hotel or motel, this section shall only apply in those cases involving permanent, rather than transient, residence. After an initial inspection, a landlord shall cause the rental unit to be inspected annually.
b.
An inspection shall be obtained either by the owner/landlord or the owner's agent prior to a change in occupancy and shall be performed by the Office of Inspections and Enforcement for the purpose of determining if a Certificate of Code Compliance may be issued.
c.
Inspections pursuant to Paragraph b above shall be conducted using the following criteria:
1.
All violations of City ordinances shall be reflected in the inspection report in order to provide notice to the owner of such violations.
2.
A violation of the Plumbing Code which poses a positive or obvious major threat to the health, safety or welfare of any potential occupancy, a violation of the Electrical Code which poses a positive or obvious major threat to the health, safety or welfare of any potential occupancy, or any other condition which poses a positive or obvious threat to the health, safety or welfare of any potential occupancy shall be deemed a major violation of the Housing Code and shall be designated to the owner/landlord separately on the inspection report.
3.
The inspection of the rental unit must be conducted within 10 days of the receipt of the application from the landlord/owner.
4.
If the rental unit is not inspected by the Office of Inspections and Enforcement within 10 days of receipt of the application, the landlord/owner shall be issued a temporary Certificate of Code Compliance automatically. A temporary Certificate of Code Compliance issued under this subsection shall last for only 30 days, within which the rental unit must be inspected by the Office of Inspections and Enforcement.
5.
A landlord/owner is authorized to apply for a Certificate of Code Compliance 30 days before the current tenant is scheduled to vacate the property, subject to all requirements of this section.
d.
Violations of the kind described in paragraph c2 above must be corrected by the owner of the unit before the issuance of a Certificate of Code Compliance for a new tenancy. The responsibility for correction of a violation of the Housing Code is the responsibility of the owner/landlord and shall not transfer to the tenant.
e.
An unconditional Certificate of Code Compliance shall be issued by the Office of Inspections and Enforcement at such time as the office is satisfied that all violations have been corrected.
f.
The completed Certificate of Code Compliance shall contain the names of both the landlord and the tenant. One copy of the completed Certificate of Code Compliance as provided by the Office of Inspections and Enforcement shall remain each with the landlord and the tenant.
g.
The landlord shall ensure that the tenant shall sign a tenant's receipt as provided by the Office of Inspections and Enforcement evidencing their receipt of the tenant's copy of the Certificate of Code Compliance. The landlord shall then, within 10 days, upon securing the tenant's signature, forward the signed tenant's receipt to the Office of Inspections and Enforcement.
h.
A Certificate of Code Compliance for occupancy is valid for the authorization of occupancy for a period of 90 days after issuance upon which time a tenant must move into the rental unit. The Manager of the Office of Inspections and Enforcement may authorize extensions of 30 days only upon presentment of sufficient proof that the extension is necessary due to unforeseeable circumstances beyond the control of the parties involved.
i.
The purpose of this section is to continue to ensure compliance with the various City Ordinances and the Housing Code in order to maintain high standards of housing for rental units within the City of Newark. However, the City, by this section, is not acting as a guarantor of any property insofar as any potential owner/landlord or occupant is concerned, nor shall the City be considered to be involved in any manner in the contractual relationships between the parties.
j.
If any landlord/owner rents an apartment in violation of this section and that unit is later found to be in substandard condition that results in violations issued by the Office of Inspections and Enforcement, that rental unit shall be deemed an illegal apartment. If the condition of the rental unit is such that it is a threat to the health and welfare of the tenant and requires the relocation of a tenant because of the violation, then that owner/landlord shall be liable for relocation costs of six months' rent to the tenant pursuant to N.J.S.A. 2A:18-61.1g.
1.
If after a determination is made by the Office of Inspections and Enforcement, evidenced by violations, that the condition of the rental unit is such that it is a threat to the health and welfare of the tenant and requires the tenant to be displaced, the landlord shall be required to either:
(a)
Relocate the tenant in a vacant rental unit in the same building, or in the case of a landlord who owns multiple buildings, in another building; or
(b)
Immediately issue all security deposits with accumulated interest to the tenant so that the tenant can secure a new rental unit; or
(c)
Provide the tenant with the equivalent of three months of the rent paid in the current rental unit so that the tenant immediately secures another rental unit.
k.
The fee for the issuance of a Certificate of Code Compliance shall be as follows:
| Rental Unit Inspection | $100 (includes 1 re-inspection) |
| Second or more re-inspection | $75 |
l.
The fee for issuance of a Certificate of Code Compliance for rental units that are classified as affordable units as part of any existing dwelling or new development shall be waived.
m.
New Construction shall be exempt from this section for five years following the date on which a final Certificate of Occupancy is received. This provision shall be retroactive.
[Ord. 6PSF-A, 11-18-2019; amended 1-8-2020 by Ord. No. 6PSF-C, 01-08-2020]
a.
Any agency or person who provides rental assistance shall inspect the rental unit, prospective hotel, dwelling unit, rooming house, rooming unit, boardinghouse, motel, apartment unit or premises which is used, partially used or intended to be used for human occupancy, to ensure that it is free from threats to the health, safety and welfare of the tenant and is habitable. In the case of a hotel or motel, this section shall only apply in those cases involving permanent, rather than transient residence.
b.
Upon inspection of the rental unit, a report in the form of a letter shall be provided to the Office of Inspections and Enforcement detailing:
1.
Length of the rental assistance.
2.
The name of the landlord and the tenants with their contact information and the address of the property.
3.
A copy of the application for the Certificate of Code Compliance.
4.
A plan of action for the provision of rental assistance beyond the current tenancy so as to avoid homelessness of the tenant.
5.
An agency shall provide the City with the report from the inspection on the rental unit. The Office of Inspections and Enforcement shall determine, based on a careful analysis of the standards used in the agency's inspection and the results of the inspection, whether to issue a Certificate of Code Compliance based on the agency's inspection report. If the report is unacceptable to the Office of Inspections and Enforcement, then a full inspection shall be conducted by the City.
c.
A Certificate of Code Compliance shall not be issued until such time that the information required to be produced in paragraph b above is complied with.
d.
The inspection required by paragraph a above shall not be the same as the inspection required to secure a Certificate of Code Compliance. The Inspection to be conducted by the provider of rental assistance, is to ascertain that the person providing the rental assistance is aware of the condition of the apartment that the tenant is about to rent.
e.
No Landlord shall accept pre-paid rent for more than one month.
f.
For rental units that are occupied by tenants receiving rental assistance described above on the effective date of this section, the person providing the rental assistance shall have 60 days to comply with paragraph b above, except that the letter shall be accompanied by a copy of the final Certificate of Code Compliance.
[Ord. 6PSF-A, 11-18-2019; amended 1-8-2020 by Ord. No. 6PSF-C, 01-08-2020; amended 5-18-2022 by Ord. No. 6PSF-g, 05-18-2022]
Editor's Note: Ord. No. 6PSF-g, 05-18-2022 repealed prior Section 18:6-10.3, Bringing a Needy Person to the City of Newark. Prior history includes Ord. 6PSF-A, 11-18-2019 and Ord. No. 6PSF-C, 01-08-2020.
Violations of this section by any person or corporation shall be punishable by a fine of at least $100 but not exceeding $1,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not to exceed 90 days. Each day's violation of this section shall constitute a separate offense.
All fines that are unpaid by a homeowner, whether individually or a corporation, shall become a lien on the property.
