A.Â
Adoption Of Property Maintenance Code. Except as amended hereafter,
the "BOCA National Property Maintenance Code, third Edition, 1990"
as published by the Building Officials and Code Administrators International,
Inc., is hereby adopted as the Property Maintenance Code of the Borough
of Manville for control of buildings and structures as herein provided;
and each and all of the regulations, provisions, penalties, conditions
and terms of said BOCA National Property Maintenance Code are hereby
referred to, adopted, and made a part hereof, as if fully set out
in this chapter, with the additions, insertions, deletions and changes,
if any, prescribed in this section.
B.Â
Additions, Insertions And Changes To Model Code.
The BOCA National Property Maintenance Code is amended and revised
in the following respects:
Section PM-100.1.
Title: These regulations shall be known as the
Property Maintenance Code of the Borough of Manville, hereinafter
referred to as "this code."
Section PM-100.7. Administration and Enforcement.
Summons: At the discretion of the code official
no notices, orders or hearings to abate will be issued when the following
violations have occurred.
1.Â
Not providing sufficient heat of a minimum temperature of 68°
F. during the hours of 6:00 a.m. till 11:00 p.m. in any building or
dwelling unit.
2.Â
The illegal use of any building or dwelling unit.
3.Â
The ownership of a building or dwelling unit that has been illegally
converted.
4.Â
Inadequate exitway facilities.
5.Â
Any violations that the code official deems a hazard to public safety
or welfare.
Section PM-109.2. Penalty.
Any person, firm or corporation who shall violate any provisions
of this code shall, upon conviction thereof, be subject to a fine
of not less than $200 nor more than $1,000 or imprisonment for a term
not to exceed 90 days or both, at the discretion of the court. Each
day that a violation continues after due notice has been served, in
accordance with the terms and provisions hereof, shall be deemed a
separate offense.
Section PM-301.9.
In accordance with N.J.S.A. 40:48-2.13j(1968), any owner or
tenant who has neglected or refused to remove or destroy brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, having been duly noticed to remove same, within
the manner and the time provided, shall be charged for the removal
or destruction of same by the borough, which at its option may remove
and destroy the violation in order to preserve the health, safety,
general welfare or to eliminate a fire hazard, and said charge shall
become a lien upon such lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon such lands.
Such a lien shall bear interest at the same rate as the taxes and
shall be collected and enforced by the tax collector.
Section PM-302.12.
During the period from May 1 to September 30 every door, window
and other outside opening used or required for ventilation purposes
serving any building containing habitable rooms, food preparation
areas, food service areas, or any areas where products used 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 swing door shall have a self-closing
device in good working condition.
Exception. Screen doors shall not be required for
out-swing doors or other types of openings which make screening impractical,
provided other approved means, such as air curtains or insect repellent
fans are employed.
Section PM-303.9. Cellars and Basements.
Use of cellar for sleeping purposes is hereby prohibited. Basements
and cellars may not be rented or used for sleeping purposes.
Section PM-601.1 (Page 27, Tenth Line). Insert:
..during the period from October 1 to April 30.
Section PM-601.2 (Page 27, second line). Insert:
..during the period from October 15 to April 15.
Section PM-800.2. Duties and Responsibilities of
Occupants.
Damage to Property:
Every tenant shall be responsible for damage to any interior
part of the premises whether caused accidentally or otherwise. The
Public Officer/Code Enforcement Officer may serve written notice upon
a tenant in accordance with this code, requiring correction of any
damage and failure to make such correction or repair shall subject
the occupant to penalties prescribed by this code.
Damage by Heating or Cooking:
No occupant shall cause excessive discoloration of any part
of the premises by improper use of heating or cooking equipment.
Plumbing Maintenance:
Every occupant or operator shall maintain all plumbing fixtures
used by him in a clean and sanitary condition and he shall not deposit
any material in any fixture or sewer system which would result in
stoppage of or damage to the fixtures or sewer system.
Cooking:
No occupant shall cook in any dwelling unit except where all
the required sanitary facilities are installed.
Violations by Minors:
Any adult member of the family shall be responsible for and
liable for any violation caused by minors using or visiting the dwelling
unit if the violations were created or permitted to continue with
the knowledge or acquiescence or consent of said adult.
A.Â
Adoption Of New Jersey Housing Code. Pursuant to the provisions of
Chapter 21, P.L. 1946 (N.J.S.A.40:49-5.1), the "New Jersey State Housing
Code" as approved by the Department of Health and Conservation and
Economic Development and filed in the Secretary of State's office
is hereby accepted, adopted and established as a standard to be used
as a guide in determining whether dwellings in this municipality are
safe, sanitary and fit for human habitation and rental.
B.Â
Designation Of Enforcing Authority. The Housing Code Enforcement
Officer of the Borough of Manville be and is hereby designated as
the officer to exercise the powers prescribed by this section.
C.Â
Inspection of Premises. The Housing Code Enforcement Officer is hereby
authorized and directed to make inspections to determine the condition
of dwellings, dwelling units, rooming units, and premises located
within the Borough of Manville in order that he may perform his duty
of safeguarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such inspections,
the Housing Code Enforcement Officer is hereby authorized to enter,
examine and survey, at all reasonable times, all dwellings, dwelling
units, rooming units and premises. The owner or occupants of every
dwelling, dwelling unit and rooming unit, or the person in charge
thereof, shall give the Housing Code Enforcement Officer free access
to such dwelling, dwelling unit or rooming unit and its premises,
at all reasonable times, for the purpose of such inspection, examination
and survey. Every occupant of a dwelling unit or dwelling shall give
the owner thereof, or his agent or employee, access to any part of
such dwelling or dwelling unit, or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this section
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this section.
D.Â
Notice of Violation; Hearing; Procedure. Whenever the Housing Code
Enforcement Officer determines that there are reasonable grounds to
believe that there has been a violation of any provision of this section,
or of any rule or regulation adopted pursuant thereto, he shall give
notice of such alleged violation to the person or persons responsible
therefor as hereinafter provided. Such notice shall [a] be put in
writing; [b] include a statement of the reasons why it is being issued;
[c] allow a reasonable time for the performance of any act it requires;
and [d] be served upon the owner or his agent, or the occupant, as
the case may require; provided that such notice shall be deemed to
be properly served upon such owner or agent, or upon such occupant,
if a copy thereof is served upon him personally; or if a copy thereof
is sent by registered mail to his last known address; or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice; or if he is served with such notice by any
other method authorized or required under the laws of this state.
Such notice may contain an outline of remedial action which, if taken,
will affect compliance with the provisions of this section and with
rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this section, or of any
rule or regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Board of Health, provided
such person shall file in the Office of the Secretary of the Board
of Health a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
date the notice was served. Upon receipt of such petition, the Secretary
of the Board of Health shall set a time and place for such hearing
and shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and show
why such notice should be modified or withdrawn. The hearing shall
be commenced not later than 10 days after the day on which the petition
was filed; provided that upon application of the petitioner, the Secretary
of the Board of Health may postpone the date of the hearing for a
reasonable time beyond such ten-day period if, in his judgment, the
petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Board of Health shall sustain, modify or withdraw
the notice, depending upon his findings as to whether the provisions
of this section and of the rules and regulations adopted pursuant
thereto have been complied with. If the Board of Health sustains or
modifies such notice, it shall be deemed to be an order. Any notice
served pursuant to this section shall automatically become an order
if a written petition for a hearing is not filed in the Office of
the Secretary of the Board of Health within 10 days after such notice
is served. The proceedings at such hearing including the findings
and decision of the Board of Health, shall be summarized, reduced
to writing, and entered as a matter of public record in the Office
of the Secretary of the Board of Health. Such record shall also include
a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Board of Health may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of the state. Whenever the Housing Code Enforcement Officer
finds that an emergency exists which requires immediate action to
protect the public health or safety, he may, without notice or hearing,
issue an order reciting the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency.
Notwithstanding the other provisions of this section, such order shall
be effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but upon petition to the Board
of Health, shall be afforded a hearing as soon as possible. After
such hearing, depending upon his findings as to whether the provisions
of this section and of the rules and regulations adopted pursuant
thereto have been complied with, the Board of Health shall continue
such order in effect, or modify it, or revoke it.
E.Â
Rules And Regulations. The Housing Code Enforcement Officer is hereby
authorized and empowered to exercise such powers as may be necessary
or convenient to carry out and effectuate the purposes and provisions
of this section, including the following, in addition to others, herein
granted; [a] to investigate the dwelling conditions in the Borough
of Manville in order to determine which dwellings therein are unfit
for human habitation; [b] to administer oaths, affirmations, examine
witnesses and receive evidence; [c] to enter upon premises for the
purpose of making examination, provided that such entries shall be
made in such manner as to cause the least possible inconvenience to
the persons in possession; [d] to appoint and fix the duties of such
officers, agents and employees as he deems necessary to carry out
the purposes of this section; and [e] to delegate any of his functions
and powers under this section to such officers and agents as he may
designate.
F.Â
Prohibition Against Occupation Of Units. No person shall occupy as
owner occupant or rent to another for occupancy any dwelling or dwelling
unit for the purpose of living therein which does not conform to the
provisions of the "New Jersey State Housing Code" established hereby
as the standard to be used in determining whether a dwelling is safe,
sanitary and fit for human habitation.
G.Â
Penalty. Any person, firm or corporation who shall violate any of
the provisions of this section shall upon conviction, be punished
by a fine of not to exceed $200 or by imprisonment in the county jail
for a period of not to exceed 90 days or by both such fine and imprisonment,
and each violation of any of the provisions of this section and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
A.Â
AFFECTED STRUCTURES
AND and OR
CORRECTIVE ACTIONS
IDENTIFYING MOLDS
MOLD GUIDELINES FOR NEW JERSEY RESIDENTS
MOLDS
PERSON
PERSONAL PRONOUNS
PROPERTY OWNER
RECOGNIZED FLOOD OCCURRENCE
REMEDIATION
REMOVAL OF MOLD-CONTAMINATED MATERIALS
VOLUNTEER MANVILLE
Definitions.
Shall be any structurally enclosed residence, place of business,
commerce or other privately owned building located within the Borough
of Manville.
May be used interchangeably, and either of the two may be
applicable, whichever is more conducive towards the effectuating of
this section.
If a mold problem is found, steps need to be taken to address
such conditions. Remediation is necessary to prevent further property
damage and further exposures. Specific steps have been outlined by
the United States Environmental Protection Agency (USEPA); see http://epa.gov/mold/.
These include:
Identifying and correcting the source of moisture.
Removing and/or cleaning mold-contaminated materials.
Removing the mold and ensuring the area is completely dry
before performing any renovation or construction work.
Identifying molds in the structure must begin with a thorough
visual inspection by either the property owner or a qualified environmental
consultant. Excess moisture is always a key ingredient in mold growth.
All structures should be examined for water leaks and infiltration
as well as other sources of excess moisture. Mold grows well on building
materials that contain cellulose. All building materials that contain
cellulose (i.e., ceiling tiles, gypsum board, insulation, studs, and
other wood products) should be inspected closely for signs of mold
growth. Areas of inspection should include, but not be limited to,
walls, ceilings, basements, crawl spaces and attics.
Shall refer to the guidelines promulgated by the New Jersey
Department of Health on April 17, 2013, in a publication entitled
"MOLD." A copy of these guidelines shall be provided on the official
website of the Borough of Manville and shall be made available in
the office of the Secretary of the Board of Health.
Are fungi which occur naturally in the environment. Many
different species of mold exist in New Jersey. Molds help break down
dead materials and convert them back into organic matter which can
be used by living organisms.
Shall mean an individual, creditor, firm, partnership, corporation
or association of persons.
Shall mean either the singular or plural, whichever is applicable
and conducive toward the effectuating of this section.
Shall mean that person, legal entity or creditor having legal
title to the affected structure, residential or commercial, located
within the Borough of Manville.
A natural occurrence, recognized by the State of New Jersey,
the National Weather Service or any other officially accepted organization
or government agency which has the legal right to declare the Borough
of Manville and/or its surrounding environs as a "flood area" following
a naturally occurring weather incident.
Working with mold can be hazardous, so regardless of who
performs the work, best practices ensure that the workers are protected,
as well as the occupants. Workers need to be protected through the
use of gloves, a respirator, protective clothing and goggles or some
type of eye protection. Also the work area may need to be contained
to prevent the spread of mold to other areas.
All saturated wall covering material including, but not limited
to drywall and insulation, shall be removed up to the level of the
high watermark of the natural occurrence, but no lower than four feet
above the floor. Such contaminated materials shall be removed completely
from the studding or other structural elements and be removed from
within the affected home or enclosed structure.
Shall mean that group or groups of volunteers who meet the
requirements and guidelines of the workforce established through and
under the auspices of the Borough of Manville in conjunction with
the United Way of Somerset County.
B.Â
Within 45 days following the conclusion of a recognized flood occurrence,
every property owner of affected structures in the Borough which were
compromised by the intrusion of floodwaters shall take corrective
actions to remove, clean and remediate the affected structures. Corrective
actions shall include, but are not limited to, the removal of wet
building materials, gypsum board, insulation, ceiling tiles, lath
and plaster and other building materials that contain cellulose and
other wood products. Corrective action shall include performing the
specific steps as outlined by the United States Environmental Protection
Agency to remediate mold contamination. These steps include: the identifying
and correcting the source of any moisture, removing and/or cleaning
mold-contaminated materials and the physical removal of mold and ensuring
the area is completely dry before performing any renovation or construction
work.
C.Â
Violations, fines, penalties; enforcement.
1.Â
Any person who violates or refuses to comply with any part of this section
shall be liable to a fine and penalty of not less than $500 or more
than $2,000 for each offense. A person who refuses or neglects to
pay forthwith the amount of this fine and penalty and who also refuses
to comply with any part of this section shall have the amount of a
judgment rendered against him including the costs and charges incident
with the removal and remediation of the mold-contaminated materials
thereto and shall be committed by the court to the county jail for
a period not exceeding 10 days in the case of a first conviction,
and in the case of a conviction of a second, subsequent or continuing
violation, for a period not exceeding 30 days.
2.Â
The Borough of Manville Board of Health or its designees, including
but not limited to the Chief of Police, the police officers of the
Borough, the Administrators of the Departments of Public Works Building
and Code Enforcement and/or any officer or agent authorized or empowered
to perform any duty under this section, exercising the functions of
the Board of Health according to law, upon written complaint or having
reason to suspect that a violation exists in any affected structure,
as defined by the provisions of this section is or may be in violation
of the provisions contained herein, shall, by written notification,
advise the person having control of the structure accordingly and
order appropriate action to be taken. A person receiving that notice
that fails or refuses to comply with the order is subject to a fine
of not less than $500 for the first offense, and $2,000 for each subsequent
offense. In addition to the penalty provided herein the court may
order immediate compliance with the provisions of this section.
3.Â
A penalty recovered under the provisions of this section shall be
recovered by and in the name of the Borough of Manville Board of Health.
When any penalty is recovered it shall be paid by the Board of Health
into the Treasury of the Borough of Manville.
4.Â
The Borough's Manville Municipal Court shall have jurisdiction
over proceedings to enforce and collect any penalty imposed because
of a violation of this section if the violation has occurred within
the jurisdiction of the court. The proceedings shall be summary and
in accordance with the "Penalty enforcement law of 1999," P.L. 1999,
c.274 (N.J.S.A. 2A:58-10 et seq.). Process shall be in the nature
of a summons or warrant and shall issue only at the suit of the Borough
of Manville Board of Health, as plaintiff.
5.Â
The penalties provided in Subsection C1 and 2 of this section shall
be the only civil remedy for a violation of this section, and there
shall be no private right of action against a party for failure to
comply with the provisions of this section.
6.Â
The Board of Health, or its designees as heretofore identified, shall
have the authority to modify or extend provisions of this section
without the need for formal action or approval, based upon conditions
and circumstances as they may occur from time to time.
A.Â
The Board of Health hereby adopts and incorporates by reference the
provisions of N.J.A.C. 5:10-1.1 et seq. for the regulation of hotels
and multiple dwellings.
B.Â
The Board of Health and the Health Officer are hereby authorized
to employ any enforcement mechanism and affix any penalties for violations
of the provisions of N.J.A.C. 5:10-1.1 et seq.
A.Â
The Board of Health hereby adopts and incorporates by reference the
provisions of N.J.A.C. 5:28-1.1 et seq. for the regulation of fitness
of a building for human habitation, use or occupancy.
B.Â
The Board of Health and the Health Officer are hereby authorized
to employ any enforcement mechanism and affix any penalties for violations
of the provisions of N.J.A.C. 5:28-1.1 et seq.
C.Â
If there is conflict between the provisions of N.J.A.C. 5:28-1.1
et seq. and any provision of this code, N.J.A.C. 5:28-1.1 et seq.
shall apply.
