[R.O. 1966 C.S. § 15:11-1]
For the purpose of protecting the health, safety, and welfare
of the people of the City there is hereby enacted a Code known as
the "Nonresidential Property Maintenance Code of the City of Newark,"
which establishes minimum standards for nonresidential premises, determines
the respective responsibilities of owners, operators, and occupants
of applicable structures and buildings 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 Code.
[R.O. 1966 C.S. § 15:11-2; Ord.
6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
As used in this chapter:
Shall mean a structure, the use of which is incidental to
that of the main building and which is attached thereto or located
on the same premises.
Shall mean the portion of the building that is partly underground
which has more than 1/2 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 buildings
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.
Shall mean the enclosed space containing one or more bathtubs,
showers, or both, and which shall also include toilets, lavatories,
or fixtures, serving similar purposes.
Shall mean a structure enclosed within exterior walls or
fire walls, built, erected and framed of component structural parts,
designed for the shelter, enclosure and support of individuals, animals
or property of any kind.
Shall mean the State Uniform Construction Code (Title VII).
Shall mean the lowermost portion of the building partly or
totally underground, having one-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 level
created by the ditching, pits, or trenching.
Shall mean the Director of the Department of Engineering
of the City, or such other City Official or officials as he/she shall
designate to act in his/her behalf.
Shall mean any person under the age of 21 who is gainfully
employed and self-supporting or who is married to a spouse who is
gainfully employed and who supports the minor, or who is a student
living away from home and in regular attendance at an institution
of higher learning.
Shall mean open spaces on the premises outside of any building
thereon.
Shall mean the control and extermination of insects, rodents,
and vermin by eliminating their harborage places, by removing or making
inaccessible material that may serve as their food, by poisoning,
spraying, fumigating, trapping, or by other approved means of pest
elimination.
Shall mean:
Any device or condition likely to cause fire and which is so
situated as to endanger either persons or property;
The creation, maintenance, or continuance of any physical condition
by reason of which there exists a use, accumulation or storage for
use of combustible or explosive material sufficient in amount or so
located or in such manner as to put in jeopardy, in event of ignition,
either persons or property;
The obstruction to or of fire escapes, ladders which may be
used as escapes, stairways, aisles, exits, windows, passageways, or
halls, likely in the event of fire to interfere with the operation
of the Division of Fire or of the safety and ready egress of occupants;
The violation of any rule now or hereafter promulgated by the
Division of Fire of the City of Newark.
Shall mean the net floor area within the enclosing walls
of the room, excluding built-in equipment such as cabinets, closets,
or fixtures which are not readily removable and excluding the floor
area where the floor to ceiling height is less than 4 1/2 feet.
Shall mean putrescible animal and vegetable wastes. (see
also Refuse, Rubbish.)
Shall mean the presence of insects, rodents, vermin, or other
pests on the premises which constitute a health hazard.
Shall mean all officials, officers, or employees of the City
of Newark entrusted with the enforcement of this Code.
Whenever the words "accessory structure," "building," "premises,"
"room," "rooming unit," or "structure" are used in this Code, they
shall be construed unless expressly stated to the contrary, to include
the plurals of these words and as if they were followed by the words
"or any part thereof." The word "shall" shall be applied retroactively
as well as prospectively.
Shall mean any and all lots, plots, or parcels of land, including
the buildings or structures therein, which are not used as dwellings
as the same are defined in this Title, and which are not incidental
to or accessory to the dwellings.
Shall mean:
Any public nuisance known at public law or in equity jurisprudence
or as provided by the Statutes of the State of New Jersey or in the
ordinances of the City of Newark.
Any attractive nuisance which may prove detrimental to the health,
or safety of children whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes, but is not limited
to abandoned walls, shafts, basements, excavations, abandoned ice-boxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris, or vegetation such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near premises where the conditions exist.
Overcrowding of a room with occupants in violation of this Code.
Insufficient ventilation or illumination in violation of this
Code.
Inadequate or unsanitary sewage or plumbing facilities in violation
of this Code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this Code.
Whatever renders air, food, or drink unwholesome or detrimental
to the health of human beings.
Fire Hazards.
Shall mean any person using or having actual possession of
any nonresidential premises.
Shall mean any person who has charge, care, or control of
a nonresidential premises, or a part thereof, whether with or without
the knowledge and consent of the owner.
Shall mean any person who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof, or shall have
charge, care, or control of any premises as owner or agent of the
owner, or as executor, executrix, administrator, administratrix, trustee,
receiver, or guardian of the estate, or as mortgagee in possession
regardless of how such possession was obtained. Any person who is
a lessee subletting or reassigning any part or all of any premises
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises sublet or assigned
by the lessee.
Shall mean all of the following supplies, facilities, and
equipment: gas pipes, gas-burning equipment, water pipes, garbage
disposal units, waste pipes, water closets, sinks, lavatories, bathtubs,
shower baths, catch basins, vents, and any other similar supplied
fixtures, together with all connections to water, sewer, or gas lines,
and water pipes and lines utilized in conjunction with air-conditioning
equipment.
Shall mean any authority or any officer who is in charge
of any department or branch of the government of the City relating
to health, fire, building, regulations, or to other codes or ordinances
concerning nonresidential premises in the City of Newark.
Shall mean any premises, or any part thereof, or any building
or any part thereof, which may be lawfully viewed by the public, or
any member thereof, from a sidewalk, street, alleyway, licensed open
air parking lot, or from any adjoining or neighboring premises.
Shall mean all putrescible and non-putrescible solid wastes,
except body wastes, including but not limited to: garbage, rubbish,
ashes, street cleaning, dead animals, abandoned automobiles, and solid
market and industrial wastes. (see also Garbage, Rubbish).
Shall mean registered mail or certified mail.
Shall mean space in an enclosed building, or space set apart
by a partition or partitions, and any space in a building used or
intended to be used for nonresidential purposes.
Shall mean nonputrescible solid wastes consisting of both
combustible and non-combustible wastes, such as paper, wrapping, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass crockery,
and similar materials. (see also Garbage, Refuse.)
Shall mean any sanitary sewer owned, operated and maintained
by the City of Newark and available for public use for the disposal
of sewage or a sanitary system approved by the City of Newark.
Shall mean waste from a flush toilet, bathtub, sink, lavatory,
dishwashing, or laundry machine, or the water-carried waste from any
other fixture or equipment or machine.
Shall mean that portion of a building included between the
upper surface of any floor and upper surface of the floor next above,
except that the topmost story shall be that portion of the building,
included between the upper surface of the topmost floor and the ceiling
or roof above. If the finished ceiling level directly above a basement
or cellar is more than four feet above grade, such basement or cellar
shall be considered a story.
Shall mean an assembly of materials forming a construction
occupancy or use including among others, buildings, stadiums, gospel
and circus tents, reviewing stands, platforms, stagings, observation
towers, radio towers, water tanks, trestles, piers, wharves, open
sheds, coal bins, shelters, fences and display signs.
(see Floor area, superficial).
Shall mean supply and removal of air to and from any space
by natural or mechanical means. Such air may or may not have to be
conditioned.
Shall mean ventilation by power-driven devices.
Shall mean ventilation by opening to outer air through windows,
skylights, doors, louvers, or stacks with or without wind-driven devices.
Shall mean enclosed space containing one or more bathtubs,
showers or both and which shall also include toilets, lavatories,
or fixtures, serving similar purposes.
Shall mean enclosed space containing one or more toilets
which may also contain one or more lavatories, urinals, and other
plumbing fixtures.
Shall mean deterioration, decay, or damage caused by exposure
to the elements.
[R.O. 1966 C.S. § 15:11-3]
This Code shall apply to all buildings or portions thereof 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 C.S. § 15:11-4; 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 Code; provided that such rules and regulations shall not be in conflict with the provisions of this 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, and the Division of Tax Abatement and Special Taxes. 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 the Code, as provided in Section 18:12-4.3.
[R.O. 1966 C.S. § 15:11-5]
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 standards 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 C.S. § 15:11-6]
The duties and obligations of the owner, operator and occupant,
as stated in this Code, shall be separate and distinct.
[R.O. 1966 C.S. § 15:11-7]
a.
Except as may be otherwise provided in paragraph g or in any other
provision of this Code, the Director shall notify in writing, by registered
or certified mail or personal service as is more specifically provided
in paragraph b below, the owner, operator, or occupant of a structure
as the case may be, of the existence of a condition or conditions
or other provisions which constitute the violation of any section,
subsection or other provision of this Code. As used in the provision
of this subsection relating to notice of violation, the words, "day"
and "days" shall not include Saturdays, Sundays, and holidays.
b.
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 structure. 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, or operator, as the case may be.
In the case of the occupant notice may be mailed or delivered to him/her
at his/her place of business or posted to the door of the occupant's
premises.
c.
For the purpose of enforcement of this 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.
d.
The notice of violation shall contain the following:
1.
Such notice shall designate the building structure or premises or
portion thereof in violation.
2.
Such notice shall contain a statement of the violations existing
in the building, structure, or premises or portion thereof, and the
correction thereof sought by the Director.
3.
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 to others who may be on or about the premises, the owner,
operator or occupant, as the case may be, shall forthwith be required
to abate or repair the condition complained of.
4.
Such notice shall, in a 10-point bold type or larger, apprise such
person of his/her right to request a hearing pursuant to this chapter.
e.
Any person served with any notice referred to heretofore in this
section may request a hearing thereon, provided that 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 paragraph d.3 above
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.
f.
Where there exists a violation of the occupancy standards set forth in the provisions of Section 18:12-5.1, 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 18:12-5.1 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.
g.
For the enforcement of Section 18:12-4.5d., it shall not be necessary for the Director to first give notice of the violation or to first comply with Section 16:1-3 of this Code, or the preceding sections of this chapter before instituting proceedings in the Municipal Court for a penalty for violation of any of those provisions.
[R.O. 1966 C.S. § 15:11-8; Ord.
6PSF-D, 1-16-2013]
a.
Any person who shall violate any provision of this chapter or of
any rule or regulation promulgated by the Director pursuant to authority
granted by this chapter and as approved by the Council, shall upon
conviction be punished by a fine of not less than $100 and not more
than $2,000 for each such provision violated. Each day's failure
to comply with any such provision shall constitute a separate offense.
Additionally, a court may impose imprisonment in the County jail or
in any place provided by the municipality for the detention of prisoners,
for a term of 90 days or a period of community service not exceeding
90 days.
b.
The court may cause a defendant, in default, 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 minimum period of two days but not exceeding 90 days or be required
to perform community service for a period not exceeding 90 days.
c.
In case a defendant shall have been convicted within one year of
the date of a previous violation of this chapter and due proof of
such fact is made, the court may, in addition to the imposition of
the penalty prescribed by paragraph a above, order the defendant to
pay an additional fine as a repeat offender. The additional fine shall
not be less than the minimum or exceed the maximum fine set by this
subsection for such violation.
d.
Where the defendant is other than a natural person or persons, paragraphs
b and c of this subsection shall apply to any agent, officer, member
or partner who shall, alone or with others who have charge, care,
or control of the premises within the definition of "owner" under
this chapter.
[R.O. 1966 C.S. § 15:11-9]
a.
Whenever an owner, authorized prospective purchaser, mortgagee or
prospective mortgagee shall apply to the Director for an inspection
of any building or portion thereof used or intended to be used for
nonresidential purposes, in order to ascertain if any section of this
chapter has been violated, the Director, upon payment of the fees
specified in paragraph b below shall cause an inspection to be made
of the premises and issue an informational certificate or report of
the inspection to the applicant, indicating therein any violation
of this chapter found on such inspected premises. The applicant for
an inspection shall state in writing, on forms provided by the Director,
his/her full name, residence, and the reason and authority for the
requested inspection. The Director shall deny the application for
failure to comply with these requirements.
b.
There shall be a charge of $10 for the inspection. All such fees
collected for inspection shall forthwith be transmitted to the City
Treasurer.
c.
In no instance shall any errors or omissions in the informational
certificate or report of the inspection be construed to impose any
liability therefor on the City or the Director, or on the servants,
agents or employees of the City.
[R.O. 1966 C.S. § 15:11-10]
a.
Any owner who, pursuant to an order of the Director under this chapter,
is unable to comply therewith without having access to adjacent property
may, where such access has been denied him/her, apply to the Director
for a certificate of necessity. The owner shall make application for
such certificate of necessity by filing an affidavit showing the need
for access and the refusal of the adjacent owner to permit access
thereto. Where the owner makes the application within 10 days of denial
of access by the adjacent owner, the Director may upon a showing of
good faith, grant an extension of time to comply with the order sufficient
to permit the owner to secure a certificate of necessity as provided
herein. The Director shall then order the adjoining owner to appear
before him/her on a fixed day and at a fixed time and place to show
cause why an order should not be issued by him/her to the adjoining
owner directing him/her to permit the requested access for the purpose
herein stated. The order shall be served personally upon such owner
by leaving a copy thereof at his/her place of residence with a member
of the family over the age of 14 years. In such order the required
appearance shall be not less than 10 days from the date of such service.
If service of the order to show cause cannot be made as above directed,
then it may be effected by certified or registered mail addressed
to the place of residence of such owner, in which case the required
appearance shall be not less than 15 days from the date of mailing.
If the residence of such owner, cannot after due diligence, be ascertained
and an affidavit to that effect shall be made by the Director, then
the serving of such order to show cause upon such owner may be made
by publishing the same once in a newspaper published in the City of
Newark, in which case the order shall extend the appearance for a
period of not less than 35 nor more than 60 days from the date of
publication of the order. Proof of publication of such order, together
with a copy of such order, shall be filed in the office of the Director.
A copy of any order served by the publication or by certified or registered
mail shall be posted in a conspicuous place on the exterior of the
premises affected by the order on or before the date of publication.
The order to show cause shall apprise such owner of the reason for
the requested appearance before the Director.
b.
The Director shall, on the day fixed in the order to show cause,
afford the adjoining owner an opportunity to state his/her reasons
in opposition to the requested access. If the Director shall, nevertheless,
be satisfied that access is required to the adjoining property for
the purpose hereinbefore stated, he/she shall issue under his/her
hand and seal a certificate of necessity, setting forth therein the
pertinent facts in connection therewith. Such certificate shall thereupon
entitle the owner who has been directed to make the repairs to enter
upon so much of the adjacent property as shall be necessary to effectively
comply with the requirements of the Director. The certificate of necessity
shall set a reasonable time within which the work shall be done and
completed. Such time shall depend upon the amount of work involved.
If the person to whom the order to show cause was addressed and served
in accordance with the provisions of this chapter has failed to appear
on the day stated therein, or at any extended time for his/her appearance,
the certificate of necessity may, nevertheless, be issued by the Director,
if he/she should find the requested access necessary. Such issuance
shall have the same effect as if an appearance has been made.
c.
1.
The person to whom access has been given by such certificate of necessity
shall alone assume full responsibility for any damage he/she may cause
to the adjoining owner's property. No responsibility shall attach
to the Director or his/her representative for issuing a certificate
of necessity.
2.
Prior to the issuance of a certificate of necessity the Director
shall ascertain the extent of the repairs required of the applicant.
He/she shall thereupon direct the applicant to deposit with the Director
a surety bond in favor of the adjoining owner and any other person
in possession of the premises affected by a surety company authorized
to do business in New Jersey and shall agree to indemnify the affected
owner and any other person for any property damage or personal injuries,
or both, which may be caused by the applicant; provided, however,
that the bond shall be in a sum of not less than $1,000 nor more than
$25,000. In fixing the amount of the bond the Director shall determine
and take into consideration the extent and duration of the repairs
to be done and the proximity of the improvements on the premises affected
by the certificate of necessity to be issued. The bond shall be approved
as to form by the Corporation Counsel or First Assistant Corporation
Counsel of the City.
d.
Any refusal to comply with this subsection or any interference with
access to premises as provided in the certificate of necessity shall
constitute a violation of this Code.
[R.O. 1966 C.S. § 15:11-11; Ord.
6 S+FQ, 1-20-1988; Ord. 6 S+FI, 6-1-1988; Ord. 6 S+FB, 10-6-1993; Ord. 6 S+FC, 3-6-2002 § 1; Ord. 6PSF-A(S), 1-7-2016]
a.
Maintenance of Exterior of Premises and Structures. The exterior
of the premises and all structures thereon shall be kept free of all
nuisances and any hazards to the safety of occupants, pedestrians
and other persons utilizing the premises, and free of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or operator. It shall be the duty of the owner or operator to
keep the premises free of hazards.
b.
Appearance of Exterior of Premises and Structures. The exterior of
the premises and the condition of accessory structures shall be maintained
so that the appearance of the premises and all buildings thereon shall
reflect a level of maintenance in keeping with the standards of the
neighborhood or such higher standards as may be adopted as part of
a plan of urban renewal by the City of Newark and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood with the accompanying
diminution of property values including the following:
1.
Landscaping. Premises shall be kept landscaped and lawns, hedges,
and bushes shall be kept trimmed and free from becoming overgrown
and unsightly where exposed to public view and where the same constitute
a blighting factor depreciating adjoining property.
2.
Signs and Billboards. All permanent signs and billboards exposed
to public view permitted by reason of other regulations or as a lawful
nonconforming use shall be maintained in good repair. Any signs which
have excessively weathered or faded or those upon which the paint
has excessively peeled or cracked shall, with their supporting members,
be removed forthwith, or put into a good state of repair. All nonoperative
or broken electrical signs shall be repaired or shall, with their
supporting members, be removed forthwith.
3.
Signs or advertisements. Except for "For Rent" signs, any temporary
sign or other paper advertising material glued or otherwise attached
to a window or windows or otherwise exposed to public view shall be
removed:
(a)
At the expiration of the event or sale for which it is erected;
or
(b)
Within 60 days after erection, whichever shall occur sooner.
Except during the course of repairs or alterations, no more
than 33 and 1/3% of the square footage of any single window or single
window display area shall be devoted to signs or other temporary advertising
material attached to the window or windows or otherwise exposed to
public view.
4.
Windows. All windows exposed to public view shall be kept clean and
free of marks, cracks or 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 the areas are first screened from the
public view by drapes, venetian blinds, or other permanent rendering
of the windows opaque to the public view. All screening of interior
shall be maintained in a clean and attractive manner and in a good
state of repair.
5.
Awnings and Marquees. 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
not constitute a nuisance or a safety hazard. In the event such awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall together with their supporting members, be removed forthwith.
In the event the awnings or marquees are made of cloth, plastics,
or of similar materials, the cloth or plastic where exposed to public
view shall be maintained in good condition, and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain.
6.
Reconstruction of Walls and Sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, such that the materials
used will not be of a kind that by their appearance under prevailing
appraisal practices and standards will depreciate the values of neighboring
and adjoining premises as aforesaid.
(a)
Exterior doors required. All commercial establishments shall
be required to maintain an exterior door on both the front and rear
entrances to prevent flies, vermin, litter and debris from entering
the establishment. All doors shall conform with requirements of the
State Uniform Construction Code.
7.
Any security gate installed within the City, extending over or across
a store front window or door, shall be of a grate or lattice type,
with 100% mesh or see-through composition. All gates and accompanying
hardware shall be maintained in a state of good repair.
8.
The Department of Economic and Housing Development through its Division
of Economic Development shall be responsible for establishing uniform
guidelines and regulations as to the type of security gates and/or
doors to be installed within the Central Business Area. In order to
assist affected property owners in retro-fitting their building(s)
to comply with the provisions herein, the Department of Economic and
Housing Development shall establish a security gate program wherein
the City shall supply and install security gates and doors at no cost
to all participating property owners. The Department of Economic and
Housing Development shall, in accordance with applicable law, contract
with a vendor to supply and install such gates and/or doors.
9.
Penalty. The failure to install an approved security gate or door
as required by this subsection and within the time frame provided
herein shall be considered a violation punishable upon conviction
of same in a minimum amount of $100 and a maximum amount of $1,000
or imprisonment not to exceed 90 days or both. The failure to comply
with the provisions herein shall constitute a daily violation.
c.
Structural Soundness. The exterior and interior of every structure
or accessory structure (including fences, signs, and store fronts)
shall be maintained in good repair and all surfaces thereof shall
be kept painted or otherwise provided with a protective coating sufficient
to prevent structural deterioration and to maintain appearance. All
surfaces shall be maintained free of broken glass, loose shingles,
crumbling stone or brick, excessive peeling paint, or other conditions
reflective of deterioration or inadequate maintenance to the end that
the property itself may be preserved and safety and fire hazards eliminated.
1.
Store Fronts. In the event repairs to a store front become necessary,
such repairs shall be made with the same or similar materials used
in the construction of the store front in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a store
front shall be kept painted, where required, and in good repair.
d.
General Sanitation and Safety. All parts of the premises under the
control of the occupant or operator shall be kept in a clean and sanitary
condition and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary,
would obstruct the owner or operator from performing any duty required
hereunder or maintaining the premises in a clean and sanitary condition,
including the following:
1.
Washroom and Water Closet Compartment Floors. Washroom 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.
2.
Refuse Storage and Accumulation. In the absence of a contract, the owner, agent, or operator of every nonresidential property where garbage, refuse, and rubbish shall accumulate, shall provide and keep on such premises sufficient and suitable receptacles, or cans or barrels, and tight-fitting covers therefor, as provided for in Section 15:4-9 of these Revised General Ordinances. Occupants of such premises shall place all garbage, refuse, and rubbish in the receptacles. Storage bins, rooms, and areas shall not be used for accumulated garbage or refuse. Inflammable or combustible liquids or other materials may not be stored on the premises unless they are of a type approved for storage by the regulations of the Division of Fire, and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations, unless such bins, rooms, and areas are specifically designated for such use and in that event garbage and refuse must be removed at frequent intervals or as stipulated in other applicable laws or ordinances.
3.
Garbage Removal. All garbage, refuse, and rubbish shall be collected,
removed and disposed of by the producer thereof, and according to
the provisions of Title XV of these Revised General Ordinances.
4.
Infestation Elimination. Every occupant or operator shall be responsible
for the elimination of infestation in and on the premises subject
to his/her control.
e.
Utilities and Facilities.
1.
Electrical Service. All premises shall be properly connected to and
provided with electric power through safely insulated conductors conforming
to the National Electrical Code and the Building Code.
2.
Lighting of Washrooms and Water Closet Compartments. Every washroom
and water closet compartment shall be provided with permanently installed
artificial lighting fixtures with a switch and wall plate so located
and maintained that there is no danger of shortcircuiting from water
from other washroom facilities or from splashing of water.
3.
Fuses and Protective Devices. Maximum fuse size consistent with safety
shall be posted conspicuously in the inside cover of all fuse boxes
and no fuse shall be installed therein in excess of the stated maximum
except that owners shall not be responsible for violation in fuse
installation without their knowledge where the correct maximum is
stated and the fuse box is located within any part of the premises
which is in the exclusive possession of occupants other than the owner.
f.
Inspections and Reports.
1.
Reporting Violations. Upon discovery by an occupant of any condition
on the premises which constitutes a violation thereof, the occupant
shall report the same to the Director responsible for enforcement
hereunder.
2.
Inspections. All buildings and premises subject to this chapter are
subject to inspection from time to time by the enforcing officer,
and at the time of such inspections all rooms and parts of the premises
must be available and accessible for such inspections, and the owner
and operator are required to provide the necessary arrangements to
facilitate such inspections. Such inspections shall be made during
regular open hours of the business occupying the premises unless there
is reason to believe a violation exists of a character which is an
immediate threat to health or safety requiring inspection and abatement
without delay.
[R.O. 1966 C.S. § 15:11-12]
a.
Whenever it shall be decided by the Director that any building or structure or portion thereof is unfit for use or human occupancy by reason of its being so infested with disease, or by reason of its being in a condition dangerous to health or life, or to be likely to cause sickness among the occupants, or by reason of its being so decayed, unsanitary, unsafe, or vermin-infested, that it creates a serious hazard to the health or safety of the occupants or the public, or by reason of lack of safe illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or the public, and a notice of such decision and reason therefor shall have been affixed conspicuously on the building or structure so decided to be unfit for use or human occupancy and a copy also served upon the owner and occupant if the same can be found in this State, requiring all persons therein to vacate such building or structure or portion thereof for the reasons to be stated therein as aforesaid, such building or structures shall, within 10 days thereafter, be vacated, or in case of special emergency, within such shorter time as in such notice may be specified. It shall be the duty of the owner to cause such building or structure to be vacated by the occupants within the time herein specified. It shall likewise be the duty of the occupants to vacate the building or structure within the specified time. The notice to the owner, operator, and occupant may be served in the manner provided in Section 18:12-4.2.
b.
Any person affected by any such notice may request and shall be granted
a hearing on the matter before the Director, provided that a written
request for such hearing shall be filed in the office of the Director
within five days, excluding Saturdays, Sundays, and holidays, after
service of notice upon him/her. Upon receipt of such request, the
Director shall set a time and place for a hearing, which shall be
not more than 10 days from receipt of such request. Notice of such
hearing shall be sent to the person not less than three days before
the date set for the hearing. Upon filing of the request for a hearing,
proceedings under the notice shall be stayed until a determination
is made thereon by the Director.
c.
If the Director shall, at such hearing, determine that the building
or structure is unfit for human occupancy or use he/she shall so inform
in writing the persons affected by his/her determination. The building
or structure shall then be vacated within 10 days from the date of
such determination.
d.
In emergency cases where it reasonably appears that there is immediate
danger to the life or safety of any person or the safety of the adjoining
property, or properties, the Director may order the building or structure
to be vacated within such shorter time than 10 days as the emergency
shall, in his/her judgment require. In such case, the request for
a hearing shall be filed in the office of the Director within two
days, excluding Saturdays, Sundays, and holidays, from service of
the notice upon the person affected, and the hearing shall be held
not more than three days thereafter.
e.
When the Director finds that a building or structure is unfit for
use or human occupancy within the meaning of this chapter and notice
thereof has been given to the owner and occupant as above provided,
no person shall thereafter, unless pursuant to a stay by a court of
competent jurisdiction, receive rentals, offer for rent or occupy
or permit the occupancy of the building or structure for use or occupancy
until the Director has found that the condition causing the premises
to be unfit has been abated or removed and that the premises are again
fit for use or occupancy. Upon the abatement or correction of the
condition, the owner or occupant may make written request to the Director
for a further inspection and hearing. If the Director shall find the
condition corrected or abated he/she shall cause the removal of the
signs prohibiting occupancy and shall advise all interested persons
that occupancy may be resumed.
[R.O. 1966 C.S. § 15:11-13; Ord.
6PSF-A(S), 1-7-2016]
It shall be the responsibility of the owner of a nonresidential
building to file with the Department of Public Safety, a notice which
shall contain the following information:
The name and telephone number of a representative of the owner
or managing agent who may be reached or contacted at any time in the
event of an emergency affecting the premises or any unit therein and
who has the authority to make emergency decisions concerning the building.
