A.
Title. This chapter shall be known as the "Property Maintenance Code
of the City of Hackensack," hereinafter referred to as "this code."
B.
Scope. The provisions of this code shall apply to all existing residential
and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility
of owners, operators and occupants; the occupancy of existing structures
and premises, and for administration, enforcement and penalties.
C.
Intent. This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
D.
Severability. If a section, subsection, sentence, clause or phrase
of this code is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code.
A.
General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in § 100-1. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
B.
Maintenance. Equipment, systems, devices and safeguards required
by this code or a previous regulation or code under which the structure
or premises was constructed, altered or repaired shall be maintained
in good working order. No owner, operator or occupant shall cause
any service, facility, equipment or utility which is required under
this section to be removed from or shut off from or discontinued for
any occupied dwelling, except for such temporary interruption as necessary
while repairs or alterations are in progress. The requirements of
this code are not intended to provide the basis for removal or abrogation
of fire protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner's
designated agent shall be responsible for the maintenance of buildings,
structures and premises.
C.
Application of other codes. Repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the current code(s) as adopted
by the State of New Jersey. Nothing in this code shall be construed
to cancel, modify or set aside any provision of the Code of the City
of Hackensack.
D.
Existing remedies. The provisions in this code shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and unsanitary.
E.
Workmanship. Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
code shall be executed and installed in a workmanlike manner and installed
in accordance with the manufacturer's installation instructions.
F.
Historic buildings. The provisions of this code shall not be mandatory
for existing buildings or structures designated as historic buildings
when such buildings or structures are judged by the Code Official
to be safe and in the public interest of health, safety and welfare.
G.
Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Article VIII and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
H.
Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing fixture, structure
or equipment, or for the public safety, health and general welfare,
not specifically covered by this code shall be determined by the Code
Official.
A.
General. The Code Official shall enforce the provisions of this code.
B.
Rule-making authority. The Code Official shall have authority as
necessary in the interest of public health, safety and general welfare
to adopt and promulgate rules and procedures; to interpret and implement
the provisions of this code; to secure the intent thereof; and to
designate requirements applicable because of local climatic or other
conditions. Such rules shall not have the effect of waiving structural
or fire performance requirements specifically provided for in this
code, or of violating accepted engineering methods involving public
safety.
C.
Inspections. The Code Official shall make all of the required inspections,
or shall accept reports of inspection by approved agencies or individuals.
All reports of such inspections shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The Code Official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the appointing authority.
D.
Right of entry. The Code Official is authorized to enter the structure
or premises at reasonable times to inspect, subject to constitutional
restrictions on unreasonable searches and seizures. If entry is refused
or not obtained, the Code Official is authorized to pursue recourse
as provided by law.
E.
Identification. The Code Official shall carry proper identification
when inspecting structures or premises in the performance of duties
under this code.
F.
Notices and orders. The Code Official shall issue all necessary notices
or orders to ensure compliance with this code.
G.
Department records. The Code Official shall keep official records
of all business and activities of the department specified in the
provisions of this code. Such records shall be retained in the official
records as long as the building or structure to which such records
relate remains in existence, unless otherwise provided for by other
regulations.
A.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the Code Official shall
have the authority to grant modifications for individual cases, provided
the Code Official shall first find that special individual reason
makes the strict letter of this code impractical and the modification
is in compliance with the intent and purpose of this code and that
such modification does not lessen health, life and firesafety requirements.
The details of action granting modifications shall be recorded and
entered in the department files.
B.
Alternative materials, methods and equipment. The provisions of this
code are not intended to prevent the installation of any material
or to prohibit any method of construction not specifically prescribed
by this code, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
where the Code Official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
C.
Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this code, or evidence that a material or method
does not conform to the requirements of this code, or in order to
substantiate claims for alternative materials or methods, the Code
Official shall have the authority to require tests to be made as evidence
of compliance at no expense to the jurisdiction.
(1)
Test methods. Test methods shall be as specified in this code or
by other recognized test standards. In the absence of recognized and
accepted test methods, the Code Official shall be permitted to approve
appropriate testing procedures performed by an approved agency.
(2)
Test reports. Reports of tests shall be retained by the Code Official
for the period required for retention of public records.
D.
Material and equipment reuse. Materials, equipment and devices shall
not be reused unless such elements are in good repair or have been
reconditioned and tested when necessary, placed in good and proper
working condition and approved.
A.
Unlawful acts. It shall be unlawful for a person, firm or corporation
to be in conflict with or in violation of any of the provisions of
this code.
B.
Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 100-7.
C.
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 100-7 shall be deemed guilty of a misdemeanor or civil infraction as determined by the violations and penalties section, § 1-15, of the Code of the City of Hackensack, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
D.
Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by the violations and penalties section, § 1-15, of the City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E.
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the legal officer of the jurisdiction from instituting
appropriate action to restrain, correct or abate a violation, or to
prevent illegal occupancy of a building, structure or premises, or
to stop an illegal act, conduct, business or utilization of the building,
structure or premises.
A.
Notice to person responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in § 100-7B and C to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with § 100-8C.
B.
Form. Such notice prescribed in § 100-7A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being issued.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the dwelling unit or structure
into compliance with the provisions of this code.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
D.
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 100-6D.
E.
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling unit or structure
to another until the provisions of the compliance order or notice
of violation has been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the Code Official
and shall furnish to the Code Official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee acknowledging the
receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
A.
General. When a structure or equipment is found by the Code Official
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this code.
(1)
Unsafe structures. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation
that partial or complete collapse is possible.
(2)
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
(3)
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Code Official finds that such structure is
unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
(4)
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or was erected, altered or occupied contrary to law.
B.
Closing of vacant structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the Code Official is authorized to post a placard of condemnation
on the premises and order the structure closed up so as not to be
an attractive nuisance. Upon failure of the owner to close up the
premises within the time specified in the order, the Code Official
shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons and
the cost thereof shall be charged against the real estate upon which
the structure is located and shall be a lien upon such real estate
and may be collected by any other legal resource.
C.
Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 100-7C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 100-7B.
D.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Code Official
shall post on the premises or on defective equipment a placard bearing
the word "Condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
(1)
Placard removal. The Code Official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Code Official shall be subject to the penalties provided by
this code.
E.
Prohibited occupancy. Any occupied structure condemned and placarded
by the Code Official shall be vacated as ordered by the Code Official.
Any person who shall occupy a placarded premise or shall operate placarded
equipment, and any owner or any person responsible for the premises
who shall let anyone occupy a placarded premises or operate placarded
equipment shall be liable for the penalties provided by this code.
A.
Imminent danger. When, in the opinion of the Code Official, there
is imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the Code
Official is hereby authorized and empowered to order and require the
occupants to vacate the premises forthwith. The Code Official shall
cause to be posted at each entrance to such structure a notice reading
as follows: "This structure is unsafe and its occupancy has been prohibited
by the Code Official." It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition or of demolishing
the same.
B.
Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the Code Official, there is imminent danger
due to an unsafe condition, the Code Official shall order the necessary
work to be done, including the boarding up of openings, to render
such structure temporarily safe whether or not the legal procedure
herein described has been instituted; and shall cause such other action
to be taken as the Code Official deems necessary to meet such emergency.
C.
Closing streets. When necessary for public safety, the Code Official
shall temporarily close structures and close, or order the authority
having jurisdiction to close, sidewalks, streets, public ways and
places adjacent to unsafe structures, and prohibit the same from being
utilized.
D.
Emergency repairs. For the purposes of this section:
(1)
The Health Officer, Construction Official, or Fire Chief shall be
authorized to order emergency repairs to meet the minimum requirements
of the Health and Sanitary Code of the City of Hackensack as expeditiously
as possible.
(2)
The Construction Official is authorized to order emergency repairs
to meet the minimum requirements of the Building Subcode of the New
Jersey State Uniform Construction Code.
(3)
The Fire Chief is authorized to order emergency repairs to meet minimum
requirements of the Fire Protection Subcode of the New Jersey Uniform
Construction Code, the Uniform Fire Safety Act and Fire Prevention
Code of the City of Hackensack.
(4)
The Chief Maintenance Inspector of the Division of Property Maintenance
Inspection in the Department of Community Affairs is authorized to
order emergency repairs to meet the requirements of the Property Maintenance
Code of the City of Hackensack.
(5)
In the event that the Health Officer, Construction Official or Fire
Chief determines that an emergency repair, as defined in this section,
is necessary, the landlord shall be notified and shall be required
to immediately undertake to make said repairs.
(6)
In the event that, in the judgment of the Health Officer, Construction
Official or Fire Chief, the landlord has failed to promptly undertake
said emergency repair, the Health Officer, Construction Official,
or Fire Chief shall utilize the moneys in the Emergency Repair Fund
for the purpose of making said repairs.
E.
Costs of emergency repairs.
(1)
There is hereby established an Emergency Repair Fund in the amount
of $10,000 to be utilized by the City of Hackensack for the implementation
of the emergency repairs under the terms and conditions of this section.
(2)
In the event that any moneys should be expended from the Emergency
Repair Fund, then that amount plus the costs of all additional expenses
relating thereto shall be repaid by said landlord to the City. In
the event that said landlord shall not repay the moneys expended and
any costs relating thereto, said amount shall be considered a lien,
as a tax lien, upon said dwelling for which the funds are expended.
(3)
The legal counsel of the City of Hackensack shall institute appropriate
action against the owner of the premises where the unsafe structure
is or was located for the recovery of such costs.
A.
General. The Code Official shall order the owner of any premises
upon which is located any structure, which in the Code Official's
judgment is so old, dilapidated or has become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy, and such that it is unreasonable to repair the structure,
to demolish and remove such structure; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary
or to demolish and remove at the owner's option; or where there
has been a cessation of normal construction of any structure for a
period of more than two years, to demolish and remove such structure.
C.
Failure to comply. If the owner of a premises fails to comply with
a demolition order within the time prescribed, the Code Official shall
cause the structure to be demolished and removed, either through an
available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
D.
Salvage materials. When any structure has been ordered demolished
and removed, the governing body or other designated officer under
said contract or arrangement aforesaid shall have the right to sell
the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of
such sale or transaction, including the items of expense and the amounts
deducted, for the person who is entitled thereto, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
