[Ord. No. 3242]
For reference purposes, this chapter shall be known as the "Illegal Dwelling Ordinance" of the Township of Belleville.
[Ord. No. 3242]
For the purpose of this chapter, the words and terms listed shall be defined as follows:
ATTIC
Shall mean the open, non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building. Habitable and non-habitable space is determined through the use of this State's floor-to-ceiling height regulations.
BASEMENT
Shall mean a story partly underground and having more than one-half (1/2) of its clear height below the finished grade. A basement shall not be considered a story for purposes of height measurement in determining the permissible number of stories when used solely for incidental or accessory storage or for the housing of mechanical equipment, to include a hot-water heater and furnace, for a washer, dryer, recreation room and a bathroom, either partial or full.
BATHROOM (FULL)
Shall mean any enclosed space which contains a bathtub and/or shower, a lavatory and/or a sink or fixtures serving similar purposes.
BATHROOM (PARTIAL)
Shall mean any enclosed space which contains a lavatory and a sink or fixtures serving a similar purpose.
DWELLING INSPECTION
Shall mean an inspection conducted to determine a unit's compliance with the housing standard of the Township of Belleville.
DWELLING UNIT
Shall mean any room or group of rooms located within a building or portion thereof, forming a single habitable unit with facilities that are used, designed or arranged to be used for living, sleeping, cooking and sanitary facilities.
ILLEGAL APARTMENT
See Impermissible Dwelling Unit.
IMPERMISSIBLE DWELLING UNIT
Shall mean a dwelling unit:
a. 
for which no certificate of occupancy (Zoning Permit) has been issued;
b. 
which is in excess of the number of such units for a particular building or zone according to the Belleville Zoning Ordinance; or
c. 
that was created without the required plumbing, electrical or building permits.
KITCHEN
Shall mean any space containing plumbing fixtures, in conjunction with other facilities, for the storage and preparation of food.
OWNER
shall mean the holder or holders of the title for the premises in fee simple or having charge, care or control of the premises, as owners, agent of the owner or as executor or mortgagee in possession, regardless of how such possession was obtained.
TENANT
Shall mean any person residing with the consent of the owner in an apartment or unit of housing space.
[Ord. No. 3242]
Any one of the following shall constitute an "illegal" apartment or dwelling unit:
a. 
an apartment or dwelling unit which exceeds the legal dwelling/occupancy units that are on record with the Township Code Enforcement,
b. 
an apartment or dwelling unit which would exceed the number of units permitted under the Belleville Zoning Ordinance or any approvals granted by a land use agency of the Township of Belleville,
c. 
an apartment or dwelling unit which fails to meet the requirements of any regulation affecting health, safety or welfare of the general public; or
d. 
an apartment or dwelling unit which the owner has permitted occupancy thereof without obtaining the required plumbing, electrical or building permits.
[Ord. No. 3242]
No person shall rent, or allow to be occupied, an "illegal" apartment or dwelling unit, or permit same to be occupied by a tenant or other person, in:
a. 
a building which such person owns or otherwise controls, or
b. 
a dwelling unit which such person rents or otherwise controls.
[Ord. No. 3242]
Any residential attic used for any purpose other than incidental storage must meet the following criteria:
a. 
under no circumstances shall a bathroom be permitted in the attic, whether partial or full, after enactment of this section (adopted September 14, 2010, by Ord. No. 3242;
b. 
there shall be no kitchen or any semblance of same (i.e., hotplate, refrigerator, food cabinets, sink . . .);
c. 
except for required fire exits, access to the attic or basement shall be through the dwelling unit, rooming unit or independent rooming unit;
d. 
under no circumstances shall the attic be offered as a separate dwelling unit, rooming unit or independent rooming unit; and
e. 
an attic must be an integral part of the dwelling unit and shall not be leased to any party that does not have full access and rights to the dwelling unit.
[Ord. No. 3242; Ord. No. 3286]
Any residential cellar or basement used for living space must meet the following criteria:
a. 
except for required fire exits, access to the cellar or basement shall be through the dwelling unit;
b. 
a cellar or basement must be an integral part of the dwelling unit and shall not be leased to any party that does not have full access and rights to the dwelling unit; and
c. 
a full or partial bathroom shall be permitted, provided the only access to same is through the existing dwelling unit.
d. 
Exception. A basement bathroom within a dwelling without access through the existing dwelling unit shall be permitted if such bathroom existed or was constructed in the basement prior to January 1, 1991 and shall be permitted upon the owner providing proof to the Zoning Officer by way of tax records, zoning records, and affidavits of previous owners that such basement bathroom existing prior to January 1, 1991. If no such proof is available, or if it is unobtainable after the exercise of due diligence, the Zoning Officer may consider oral history or other parol evidence that would assist him/her in making a determination that the basement bathroom having no access through the existing dwelling unit was in existence on or prior to January 1, 1991.
[Ord. No. 3242]
Any tenant who receives a notice of eviction resulting from zoning or code enforcement activity for an illegal occupancy, shall be considered a displaced person and shall receive relocation assistance paid by the landlord in an amount up to six (6) times the monthly rent.
[Ord. No. 3242]
In addition to paying damages, as set forth in this section, the owner of the real property shall also return to the displaced person any security deposit, together with interest, plus any rental payment required to the apportioned upon notifications by the enforcement official that the illegal apartment or dwelling unit must be vacated.
[Ord. No. 3242]
In additional to eviction and relocation expenses, as outlined in Section 24-5, any person who violates this Chapter shall be subject to the following fines:
a. 
for the first (1st) offense, a mandatory fine of a minimum of one hundred ($100.00) dollars up to a maximum of one thousand two hundred fifty ($1,250.00) dollars shall be imposed;
b. 
for the second (2nd) offense, a mandatory fine of a minimum of one hundred ($100.00) dollars up to a maximum of two thousand ($2,000.00) dollars shall be imposed; and
c. 
for the third (3rd) and all subsequent offenses, a mandatory fine of two thousand ($2,000.00) dollars shall be imposed or imprisonment for a term not to exceed ninety (90) days, or community service for a term not to exceed ninety (90) days.
[Ord. No. 3242]
The provisions of this Chapter shall be enforced by the Construction Code Official, and/or his designee.