[Adopted 10-7-2025 by Ord. No. 8038-25]
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED CITY PERSONNEL
All officials, officers or employees of the Clifton Health Department are entrusted with the enforcement of this Code.
BED BUG
An insect of the species "Cimex lectularius," commonly referred to as a bed bug.
COMMON INTEREST COMMUNITY
A horizontal property regime, condominium, cooperative, or mutual housing corporation in which some of the property, known as common elements or common areas, is owned as tenants-in-common or otherwise owned by all of the property owners.
DWELLING OR MULTIPLE DWELLING
Any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied, or are intended to be occupied by three or more persons who live independently of each other. This definition shall also mean any group of ten or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two units of dwelling space are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. This definition shall not include any common interest community.
DWELLING SPACE OR DWELLING UNIT
Any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of the person's or persons' servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.
ERADICATE
The process that shall be undertaken by a commercial pesticide applicator, licensed pursuant to the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.) and the rules and regulations promulgated by the New Jersey Department of Environmental Protection to effectuate that act, to eliminate the presence of bed bugs by poisoning, spraying, fumigating, trapping, or by any other recognized and lawful pest-elimination methods, including repeated applications of any treatment, particularly to areas where bedbugs are likely to congregate. An eradication shall be deemed completed if there has been no evidence of bed bug activity for 30 days after the last application of any treatment.
OWNER
The person who owns, purports to own, or exercises control of any multiple dwelling, except that this definition shall not include any ownership interest in any common interest community. The term "owner" shall also mean and include any person who owns, purports to own, or exercises control over three or more dwelling units within a multiple dwelling.
A. 
Every owner of a multiple dwelling shall be responsible, at his/her own expense, for maintaining the multiple dwelling free of the presence of bed bugs.
B. 
Any tenant who has knowledge of the presence of bed bugs, or who suspects the presence of bed bugs based on the presence of fecal smears, cast skins, etc., shall notify the owner in writing of the presence of bed bugs in the dwelling unit and provide a copy of the notification to the Clifton Health Department.
C. 
Upon written notice from a tenant, or from the Clifton Health Department pursuant to N.J.S.A.26:3-49, of the presence of bed bugs in any dwelling unit, an owner or his/her designee shall, within 10 days following that written notice, at his/her own expense:
(1) 
Determine or verify the presence or absence of bed bugs using a pest management professional;
(2) 
Begin the process of eradicating bed bugs in the dwelling unit;
(3) 
Ascertain the presence of bed bugs in other dwelling units or common areas; and
(4) 
Following written notice to the tenants of those units where bed bugs are present, eradicate any remaining presence of bed bugs in other dwelling units or common areas.
D. 
(1) 
When the owner of a multiple dwelling requires access to a unit for purposes of ascertaining the presence of bed bugs or eradicating the presence of bed bugs, the owner or his/her designee shall provide at least 48 hours' notice to the tenants, in writing, that the owner or his/her designee requires access for purposes of ascertaining or eradicating the presence of bed bugs.
(2) 
Upon reasonable notice pursuant to Subsection D(1), a tenant shall grant an owner or his/her designee access to the suspected or affected unit for purposes of inspection or eradication.
A. 
The eradication of bed bugs shall be undertaken by a licensed pesticide applicator only. Eradication of bed bugs shall include the inspection of, and treatment when applicable, the dwelling units on either side of the affected dwelling unit as well as the units directly above, below and across the affected dwelling unit.
B. 
Treatment will not be considered completed until eradication has been verified. Monitoring interceptors shall be placed at the end of treatment for a minimum of two weeks and shall be inspected by the licensed pesticide applicator. This pattern of inspection and treatment shall be continued until no further infestation is detected.
A. 
No person shall place, discard or dispose of any bedding, clothing or other materials infested with bed bugs on the public way or in a refuse container or dumpster located on the public way, except when such bedding, clothing or other material is placed in or near the person's refuse container or dumpster for pickup as trash and the bedding, clothing or other material is completely enclosed in a plastic bag or similar enclosure and is labeled as being infested with bed bugs.
B. 
No furnishing, bedding, clothing or other material infested with bed bugs shall be recycled.