[Adopted 2-26-1997 by Ord. No. 97-1[1]]
[Amended 11-9-2011 by Ord. No. 2011-15; 8-8-2018 by Ord. No. 2018-19]
The purpose of this article is to protect the
public health, safety and welfare of the residents of Waterford Township
through the enforcement of minimum standards of maintenance for residential
and nonresidential buildings and grounds. The provisions of this article
shall apply to all structures which are now, or may become in the
future, substandard with respect to structure, protection against
fire hazard, equipment or maintenance, inadequate provisions for light
and air, lack of property heating, unsanitary conditions and overcrowding
or shall otherwise be deemed to constitute a danger to safety, health
and welfare. The existence of such conditions, factors or characteristics
adversely affects public safety, health and welfare and leads to the
continuation, extension and aggravation of urban blight. Adequate
protection of the public, therefore, requires the establishment and
enforcement of these minimum property standards. Further, this chapter
is adopted to exercise the police powers granted by N.J.S.A. 40:48-2.3
et seq., and the provisions of N.J.S.A. 40:49-5.1 and N.J.A.C. 5:28-1,
the New Jersey State Housing Code. Three copies of the New Jersey
State Housing Code shall be placed on file in the office of the Township
Clerk and are available to all persons desiring to use and examine
the same.
A.
The Construction Official and/or Zoning and Code Enforcement
Official of Waterford Township are hereby designated and appointed
as the principal public officers authorized to exercise the powers
prescribed in this article (hereinafter referred to as "officials").
B.
Application of the Building Code. Any alterations
to buildings, or changes of use therein, which may be caused directly
or indirectly by the enforcement of this article shall be done in
accordance with the applicable section of the code, as amended from
time to time.
C.
Existing buildings. This article establishes minimum
requirements for the continued occupancy of all buildings used for
human habitation or use and does not replace or modify requirements
otherwise established for the construction, repair, alteration or
use of buildings, equipment or facilities, except as provided in this
section.
Unless otherwise stated, the following terms
shall, for the purpose of this article, have the meanings indicated
in this section:
A.
Word usage. Words used in the present tense include
the future; words in the masculine gender include the feminine and
neuter; and the singular number includes the plural, and the plural,
the singular.
B.
Terms defined in International Property Maintenance
Code. Where terms are not defined in this section and are defined
in the International Property Maintenance Code, they shall have the
meanings ascribed to them as in the International Property Maintenance
Code.
[Amended 11-9-2011 by Ord. No. 2011-15]
C.
Terms not defined. Where terms are not defined under
the provisions of this article or under the provisions of the International
Property Maintenance Code, they shall have ascribed to them their
ordinarily accepted meanings or such as the context herein may imply.
[Amended 11-9-2011 by Ord. No. 2011-15]
D.
ACCESSORY STRUCTURE
BLIGHT
BUILDING
CODE
CONSTRUCTION OFFICIAL
ZONING AND CODE ENFORCEMENT OFFICIAL
DWELLING
DWELLING, MULTIFAMILY
DWELLING UNIT
EXTERIOR PROPERTY AREAS
EXTERMINATION
GARBAGE
HABITABLE ROOM
INFESTATION
INOPERABLE MOTOR VEHICLES
JUNK
JUNK YARD
NONRESIDENTIAL BUILDING
OCCUPANT
OPENABLE AREA
OPERATOR
OWNER
(1)
(2)
PARTY IN INTEREST
PERSON
RUBBISH
SUPPLIED
TEMPORARY HOUSING
WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
Terms defined. As used in this article, the following
terms shall have the meanings indicated:
A structure, the use of which is incidental to that attached
to or located on the same premises as the principal structure.
The general condition of buildings, structures and vacant
land areas that are unsafe, insanitary, dilapidated or deleterious
to the health, safety and welfare of neighboring properties and the
community.
Any building or structure, or part thereof, used for human
habitation, use or occupancy, including any accessory buildings and
appurtenances belonging thereto or usually enjoyed therewith and any
nonresidential building or structure used for commercial or industrial
use, including accessory buildings and appurtenances belonging thereto
or usually enjoyed therewith.
[Amended 4-11-2001 by Ord. No. 2001-4]
BOCA, NEC, National Plumbing, NFPA and the New Jersey State
Housing Code.
[Amended 11-9-2011 by Ord. No. 2011-15; 8-8-2018 by Ord. No. 2018-19]
The official who is charged with the issuance of construction
permits and inspections, and designated herein or otherwise charged
with the responsibilities of administering this article, or his authorized
representative.
The official who is charged with the application of the Land
Use Ordinance and Municipal Codes, designated herein or otherwise
charged with the responsibilities of administering this article, or
his authorized representative.
Any building, including a motel-type of operation, which
has facilities as described in the following definition of "dwelling
unit," which is wholly or partly used or intended to be used for living
or sleeping by human occupants, provided that temporary housing, as
hereafter defined, shall not be regarded as a dwelling.
A building containing two or more units.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.
The open space on the property under the control of owners
or operators of such premises.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poison spraying,
fumigating or trapping or by any other approved pest elimination methods.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A room or enclosed floor space arranged for living, eating
and sleeping purposes, not including bathrooms, water closet compartments,
laundries, pantries, foyers, hallways and other accessory floor space.
The presence of insects, rodents, vermin or other pests.
Any vehicle powered by a portable or installed gas engine
which does not have a current registration and, when applicable, an
insurance certificate. This definition does not apply to vehicles
used on an agricultural parcel.
Scrap iron, metal, pipe, glass, paper, plastics, used lumber,
electrical appliances and equipment, machinery and parts, rags, motor
vehicle parts, vehicles unfit for reconditioning or any material commonly
known as and referred to as "junk" in the ordinary and accepted meaning
of the word.
A parcel of land on which junk is placed, collected or stored.
Any building or structure used for a commercial or industrial
use.
[Added 4-11-2001 by Ord. No. 2001-4]
Any person over one year of age, including the owner or occupant,
living and sleeping in a dwelling unit or having actual possession
of said dwelling or rooming unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a multifamily
dwelling, rooming house or motel in which dwelling units or rooming
units are let or offered for occupancy.
Any person who, alone, jointly or severally with others:
Shall have legal title to any dwelling or dwelling
unit or nonresidential building with or without accompanying actual
possession thereof; or
[Amended 4-11-2001 by Ord. No. 2001-4]
Shall have charge, care or control of any dwelling
or dwelling unit as owner or agent of the owner or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this article, and the rules
and regulations adopted pursuant thereto to the same extent as if
he were the owner.
Any person who, alone, jointly or severally with others,
holds an interest in any building as a secured creditor or lienholder.
An individual, firm, corporation, association or partnership.
Combustible and noncombustible waste materials, except garbage,
including but not limited to the residue from the burning of wood,
coal, coke and other combustible materials, paper, rugs, cartons,
boxes, wood (exclusive of wood properly stacked for use in a fireplace
or wood stove), excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass crockery and dust and other
similar materials.
Installed, furnished or provided by the owner or operator.
Any tent, trailer or other structure used for human shelter
which is designed to be transportable and which is not attached to
the ground, to another structure or to any utility system on the same
premises for more than 30 consecutive days.
That such maintenance and repair shall be made in a reasonably
skillful manner.
A.
It shall be the duty and responsibility of the Construction
and/or Zoning and Code Enforcement Officials or their authorized representatives
to enforce the provisions of this article. Nothing herein shall prohibit
the officers of the Township Police Department from issuing summonses
for violations of this article.
B.
The Officials shall have the power to grant relief
from any of the provisions of this article where there are practical
difficulties in the way of carrying out the strict letter of this
article, provided that the intent of this article shall be observed
and public safety secured. The particulars of such relief when granted
or allowed and the decision of the Official shall be recorded and
a signed copy shall be furnished to the applicant and the Municipal
Clerk for the governing body.
C.
Inspection of premises and the issuing of orders in
connection therewith under the provisions of this article shall be
the joint responsibility of the Construction Official and Zoning and
Code Enforcement Official. Whenever, in the opinion of an Official,
it is necessary or desirable to have inspections of any condition
by any other department or professional (such as an architect or structural
engineer), arrangements will be made for this to be done in such a
manner that the owners or occupants of buildings shall not be subjected
to visits by numerous inspectors nor to multiple or conflicting orders.
No order for correction of any violation under this article shall
be issued without the approval of the Official, and it shall be the
responsibility of the official, before issuing any order, to determine
that it has the concurrence of any other officer of the Township government
concerned with any matter involved on the case in question.
D.
Except as may otherwise be provided by statute or
local law or ordinance, no officer, agent or employee of the Township
charged with the enforcement of this article shall become personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his/her
duties under this article. No person who institutes or assists in
the prosecution of a criminal proceeding under this article shall
be liable to damages hereunder unless he acted with actual malice
and without reasonable grounds for believing that the person accused
or prosecuted was guilty of an unlawful act or omission. Any suit
brought against any officer, agent or employee of the Township as
a result of any act required or permitted in this discharge of his
duties under this article shall be defended by the legal representatives
of the Township, at Township cost, until the final determination of
the proceedings therein.
E.
The Official shall make or cause to be made inspections
to determine the condition of any land, building or structure in order
to safeguard the safety, health and welfare of the public under the
provisions of this article. The Official is authorized to enter any
building or structure only by the expressed consent of the owner or
his agent or by an inspection warrant issued by the Municipal Judge.
F.
All nonresidential buildings shall be subject to life
hazard and non-life-hazard inspections for fire safety.
[Added 4-11-2001 by Ord. No. 2001-4]
A.
Any building or property which now exists or which
hereafter may exist that is unfit for human habitation, occupancy
or use due to dilapidation, defects, increase in the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitary
facilities, or due to other conditions rendering such buildings unsafe,
unsanitary or dangerous or detrimental to the health or safety or
otherwise inimical to the welfare of the residents of the Township
or that otherwise are in violation of this article, shall be repaired,
closed or demolished in accordance with the provisions herein provided.
B.
If the Official's investigation discloses a basis
for a notice of violation, he shall issue and cause such notice to
be served upon the owners and parties in interest in such property.
The notice shall state the violation and contain a requirement that
the property owner shall notify the Official, in writing, of his intentions
with respect to correcting the condition. In the event that there
is no response from the property owner within the time period set
forth on said notice, or should the response be unsatisfactory to
the Official, the Official shall file a complaint with the Waterford
Township Municipal Court and a hearing shall be held before the Municipal
Judge, at which time a penalty may be assessed for the violation as
hereinafter set forth.
C.
Whenever a petition is filed with the Construction
Official by a public authority or by at least five residents of the
Township charging that any building or property is unfit for human
habitation or occupancy or use or whenever it appears to the Construction
Official that any building is unfit for human habitation, occupancy
or use, he shall, if his preliminary investigation discloses a basis
for such charges, issue and cause to be served upon the owner of and
parties in interest in such building a complaint stating the charges
in that respect and containing a notice that a hearing will be held
before the Construction Official at a place therein fixed not less
than seven days nor more than 30 days after the serving of said complaint;
that the owner and parties in interest shall be given the right to
file an answer to the complaint and to appear in person or otherwise,
and that the rules of evidence prevailing in the courts shall not
be controlling in hearings before him.
D.
Findings of Official; order; inspection costs.
(1)
After such hearing, if the Construction Official determines
that the building under consideration is unfit for human habitation,
occupancy or use, he shall state, in writing, his findings of fact
in support of such determination and shall issue and cause to be served
upon the owners and persons in interest an order: requiring the repair,
alteration or improvement of said building to be made by the owner
within a reasonable time, which time shall be set forth in the order,
or, at the option of the owner, to vacate or have said building vacated
and closed within the time set forth in the order. If the building
is in such condition as to make it dangerous to the health and safety
of persons on or near the premises and the owner fails to repair,
alter or improve said building within the time specified in the order,
then the owner shall be required to remove or demolish said building
within a reasonable time as specified in said order of removal.
E.
If the owner fails or persons in interest fail to
comply with an order to repair, alter or improve or, at the option
of the owner, to vacate and close said building, the Construction
Official may cause such building to be repaired, altered or improved
or to be vacated and closed; and the Construction Official shall cause
to be posted on the main entrance of any building so closed a placard
with the following words: "This building is unfit for human habitation
or occupancy or use; the use or occupancy of this building is prohibited
and unlawful."
F.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Official may cause said
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for and receipt of bids
to complete the specified work.
G.
The amount of the costs of the filing of legal papers,
professional inspection fees, expert witness fees, search fees and
advertisement charges incurred in the course of any proceeding taken
under this article determined in favor of the municipality, and such
costs of such repairs, alterations or improvements or vacating and
closing or removal or demolition, if any, or the amount of the balance
thereof remaining after deduction of the sum, if any, realized from
the sale of materials derived from such building, or from any contract
for removal or demolition thereof, shall be a municipal lien against
the real property upon which the cost was incurred. If the building
is removed or demolished by the Construction Official, the materials
of such building shall be sold. There shall be credited against the
cost of the removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, the proceeds of any sale
of such materials or any sum derived from any contract for the removal
or demolition of the building. If there are no such credits or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Municipal Tax Assessor or other custodian of the records
of tax liens and a copy thereof shall be forthwith forwarded to the
owner by certified mail, return receipt requested. If the total of
the credits exceeds such cost, the balance remaining shall be deposited
in the Superior Court by the Township, shall be secured in such manner
as may be directed by such court and shall be disbursed according
to the order or judgment of the court to the persons found to be in
title thereto by final order or judgment of such court. Any owner
or party in interest may, within 30 days from the date of filing of
the lien certificate, proceed in a summary manner in the Superior
Court to contest the reasonableness of the amount or the accuracy
of the costs set forth in the municipal lien certificate.
H.
Summonses, complaints and orders issued pursuant to
this article by the Official shall be served personally or by certified
mail upon the owner and persons in interest who reside in the Township
or to anyone residing in the household of said owner or owners and
persons in interest who are over the age of 14 years. If said owners
or owner and/or persons in interest reside outside the Township, then
said complaints, orders and notices shall be either served upon them
personally or by certified mail. If the whereabouts of such persons
is unknown and the same cannot be ascertained by the Official in the
exercise of reasonable diligence, the Official shall make an affidavit
to that effect and file it and a copy of the complaint with the Municipal
Clerk. In that event, the serving of such complaint, order or notice
upon such persons may be made by publishing the same once each week
for two consecutive weeks in the official newspaper of the Township.
The last notice shall be published not less than 30 days before the
proposed removal or destruction. A copy of said complaint, order or
notice shall be posted in a conspicuous place on the premises affected.
A copy of such complaint, order or notice shall be duly recorded with
the Clerk of Camden County, all pursuant to N.J.S.A. 40:48-1 and 40:48-2.7.
Proof of service of all complaints, orders and notices shall be filed
within 10 days thereafter with the Municipal Clerk and the Municipal
Tax Collector.
I.
When any such removal or destruction shall have been
undertaken and completed by the Construction Official, an accurate
account of the costs and expenses shall be kept and a true statement,
under oath or affirmation, shall be filed by the person in charge
of the removal or destruction with the Municipal Clerk, who shall
record it in a file to be kept for that purpose.
J.
If an actual and immediate danger to life is posed
by the threatened collapse of any fire-damaged or other structurally
unsafe building, the Construction Official may, after taking such
measures as may be necessary to make the building temporarily safe,
seek a judgment in summary proceedings before the Superior Court for
the demolition of the building.
A.
Scope. The provisions of this section shall govern
the minimum conditions of property and structures. Every building
or structure, residential or commercial, and the premises on which
it stands, shall comply with conditions herein prescribed as they
apply thereto. These requirements shall also apply to nonresidential
buildings, as defined herein, as deemed necessary.
[Amended 4-11-2001 by Ord. No. 2001-4]
B.
Exterior property areas. No person shall occupy as
owner-occupant or let to another for occupancy any dwelling, structure
or premises which does not comply with the following requirements:
(1)
Sanitation. All exterior property areas shall be maintained
in a clean and sanitary condition free from any accumulation of rubbish,
inoperable motor vehicles, junk and garbage.
(2)
Grading and drainage. All premises shall be graded
and maintained so as to prevent the accumulation of stagnant water.
(3)
All cisterns, cesspools or septic tanks shall be covered
by a cover sufficient to withstand one thousand 1,000 pounds pressure
per each 10 square feet of the cover area.
(4)
Insect and rodent harborage. The property shall be
maintained in such a fashion to ensure that it is not a source for
insects, rodents, vermin or other pests which become a nuisance and
adversely impact upon neighboring properties.
(5)
Lawn areas shall be kept trimmed at a reasonable height.
C.
Construction prior to 1978 shall be tested for lead-based
paint.
[Amended 4-11-2001 by Ord. No. 2001-4]
No person shall occupy as owner-occupant or
let to another for occupancy any building or structure, or portion
thereof, which does not comply with the code and the following requirements.
These requirements shall also apply to nonresidential buildings, as
defined herein, as deemed necessary.
A.
Foundations. Every foundation, wall and all other
exterior surfaces shall be maintained in a workmanlike state of maintenance
and repair and shall be kept in such condition as to exclude rodents
and other intrusions. The foundation elements shall adequately support
the building at all points.
B.
Exterior walls. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers and any other
conditions which might admit rain or dampness to the interior portions
of the walls or to the occupied spaces of the building.
C.
Exterior maintenance of structures. The exterior of
every structure or accessory structure or other improvement on the
premises shall be kept in good repair, and all exposed surfaces thereof
subject to deterioration shall be covered by a protective coating
appropriate for the particular material involved.
D.
Roofs. The roof shall be structurally sound, tight
and have no defects which might admit rain, and roof drainage shall
be adequate to prevent rainwater from causing dampness in the walls
or interior of the building.
E.
Drainage. Leaders and drainpipes shall be securely
fastened to the buildings and shall direct stormwater from foundation
walls of the structure.
F.
Stairs, porches and railings. Stairs and other exit
facilities shall be adequate for safe ingress and egress. They shall
be constructed and maintained in conformance with the International
Property Maintenance Code and the provisions of this article.
[Amended 11-9-2011 by Ord. No. 2011-15]
G.
Structural safety. Every outside stair, porch and
appurtenance attached thereto shall be so constructed as to be safe
for use and capable of supporting the loads to which it is subjected,
as required by the International Property Maintenance Code, and shall
be kept in sound condition and good repair.
[Amended 11-9-2011 by Ord. No. 2011-15]
H.
Windows, doors and hatchways. Every window, exterior
door and basement hatchway shall be substantially tight and shall
be kept in sound condition and repair.
I.
Exit doors. Every door available as an exit shall
be capable of being opened easily from the inside by occupants.
J.
Guards for basement windows. Every basement or cellar
window shall be protected against the entry of rodents and insects.
K.
House numbers. Every dwelling unit will have the proper
address prominently displayed. The numbers shall be least three inches
in height, affixed to the structure and clearly visible from the road.
In the case of properties with dwelling units not visible from the
road, the numbers shall be placed at the driveway entrance as well.
[Amended 4-11-2001 by Ord. No. 2001-4]
No person shall occupy as owner-occupant or
let to another for occupancy or use any building, dwelling, rooming
unit or portion thereof which does not comply with the code and the
following requirements. These requirements shall also apply to nonresidential
buildings, as defined herein, as deemed necessary.
A.
Structural members. The supporting structural members
of every structure used for human occupancy shall be maintained structurally
sound, showing no evidence of deterioration which would render them
incapable of carrying the imposed loads.
B.
Interior stairs and railings. The interior stairs
of every structure used for human occupancy shall have a railing and
be maintained in sound condition and good repair by replacing treads
and risers that evidence excessive wear or are broken, warped or loose.
Every inside stair shall be constructed and maintained as to be safe
for use and capable of supporting required loads.
C.
Bathroom and kitchen floors. Every powder room, bathroom
and kitchen floor surface shall be constructed and maintained so as
to be substantially impervious to water and so as to permit such floor
to be easily kept in a clean and sanitary condition.
D.
Sanitation. The interior of every structure used for
human occupancy shall be maintained in a clean and sanitary condition,
free from any accumulation of rubbish or garbage. Rubbish, garbage
and other refuse shall be kept inside temporary storage facilities.
E.
Insect and rodent harborage. Structures used for human
occupancy shall be kept free from excessive insect and rodent infestation.
Where excessive infestation is found, it shall be promptly exterminated
by acceptable processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
reinfestation.
F.
Maintenance of interior. Interior walls, ceilings
and other exposed surfaces on the interior of structures used for
human occupancy shall be kept smooth, clean and free of excessive
flaking, loose or peeling paint, plaster or paper and shall be capable
of being maintained free of visible foreign matter and vermin and
in a sanitary condition. Where necessary to accomplish the foregoing
or any part thereof, by reason of the nature of the surface material,
such interior walls shall be painted, papered, plastered or otherwise
provided with a protective coating.
G.
Smoke detectors. Smoke detectors shall be installed
outside of each separate sleeping area in the immediate vicinity of
the bedrooms and on each additional story of dwellings, including
basements and cellars but not including crawl spaces and uninhabitable
attics. All detectors shall be connected to a sounding device or other
detectors to provide, when actuated, an alarm which will be audible
in all sleeping areas. All detectors shall be approved and listed
and shall be installed in accordance with the manufacturer's instructions.
In new construction of residential or commercial buildings, required
smoke detectors shall receive their primary power from the building
wiring when such wiring is served from a commercial source. Wiring
shall be permanent without a disconnecting switch other than those
required for over-current protection. Smoke detectors may be battery
operated when installed in existing buildings or in buildings without
commercial power.
No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling unit for the purpose of
living, sleeping, cooking or eating therein which does not comply
with the code and the following requirements:
A.
Sanitary facilities. The following minimum sanitary
facilities shall be supplied and maintained in a sanitary and safe
working condition:
(1)
Water closet. Every dwelling unit shall contain a
bathroom within its walls, separate from the habitable rooms, which
affords privacy and which is equipped with a water closet.
(2)
Lavatory. Every dwelling unit shall contain a lavatory
which, when a water closet is required, shall be in the same room
with said water closet.
(3)
Bathtub or shower. Every dwelling unit shall contain
a room which affords privacy to a person in said room and which is
equipped with a bathtub or shower.
(4)
Kitchen sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory required under § 220-9A(2).
(5)
Water and sewer system. Every kitchen sink, lavatory
basin, bathtub or shower and water closet required under the provisions
of this section shall be properly connected to either a public water
and sewer system or to an approved private water and septic system.
All sinks, lavatories, bathtubs and showers shall be supplied with
hot and cold running water.
B.
Water heater facilities. Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with hot water under § 220-9A(5). Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at any kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units.
C.
Heating facilities.
(1)
Every dwelling shall have heating facilities which
are properly installed, maintained in safe and good working condition
and are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments to a temperature of at least
65° Fahrenheit at a distance of three feet above floor level under
ordinary weather conditions.
(2)
Operation of heating facilities. Every heating or
water heating facility shall be installed and shall operate in accordance
with the requirements of the International Property Maintenance Code
and Fire Prevention Code.
[Amended 11-9-2011 by Ord. No. 2011-15]
No person shall occupy or let to another for
occupancy any dwelling unit or room for the purpose of living therein
which does not comply with the code and the following requirements:
A.
Minimum ceiling heights. At least 1/2 of the floor
area of every habitable room shall have a ceiling height of at least
seven feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as a part of
the floor area in computing the total floor area of the room for the
purpose of determining the maximum permissible occupancy thereof.
B.
Required space in dwelling units. Every dwelling unit
shall contain a minimum gross floor area of not less than 150 square
feet for the first occupant and 100 square feet for each additional
occupant. The floor area shall be calculated on the basis of the total
area of all habitable rooms.
C.
Occupancy of rooming units. Occupancy of dwelling
units and rooming units having only one habitable room shall be limited
to two persons.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling unit or rooming unit for
the purpose of living therein which does not comply with the code
and the following requirements:
A.
Natural light in habitable rooms. Every habitable
room shall have at least one window of approved size facing directly
to the outdoors or to a court. The minimum total window area, measured
between stops, for every habitable room shall be 10% of the floor
area of such room, except in kitchens when artificial light may be
provided in accordance with the provisions of the Building Code. Whenever
walls or other portions of a structure face a window or any room and
such obstructions are located less than three feet from the window
and extend to a level above that of the ceiling of the room, such
a window shall not be deemed to face directly to the outdoors nor
to a court and shall not be included as contributing to the required
minimum total window area for the room.
B.
Electrical outlets required. Every electrical outlet
and fixture shall be maintained in good and safe working condition
and shall be connected to the source of electric power in an approved
manner.
C.
Adequate ventilation. Every habitable room shall have a least one window which can be easily opened or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size required in Subsection A above, except where mechanical ventilation is provided in accordance with the provisions of the International Property Maintenance Code and Fire Prevention Code.
[Amended 11-9-2011 by Ord. No. 2011-15]
D.
Ventilation and light in bathroom and water closet. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsections A and C, except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system.
Responsibilities of owners of property, their
agents and prospective occupants shall be as follows:
A.
Certificate required.
(1)
No owner or his agent shall sell, rent, transfer,
grant, lease, let, mortgage with right of occupancy or otherwise dispose
of the ownership or occupancy, whether or not for consideration and
whether such disposal of ownership or occupancy is temporary or permanent,
of any dwelling unit, hotel, motel, rooming house, rooming unit, boardinghouse
or premises on which a building is located and is used for human occupancy
unless a maintenance code certificate, certifying that the building
and premises are in compliance with all ordinances of Waterford Township,
shall first be obtained from the Official. Such maintenance code certificate
shall be granted or denied after the property is inspected in the
presence of the owner or his agent.
(2)
No owner, owner's agent or lessee shall sell, transfer,
lease, change the use or expand an existing use of a nonresidential
building unless a maintenance code certificate, certifying that the
building and premises are in compliance with all Township ordinances
and any other requirement imposed by governmental regulations, shall
first be obtained from the Official. Such maintenance code certificate
shall be granted or denied after the property is inspected in the
presence of the owner or owner's agent.
[Added 4-11-2001 by Ord. No. 2001-4]
B.
The Official shall cause to be prepared appropriate
application forms for such certificates, which forms shall be available
at the office of the Municipal Clerk.
C.
The Official shall also cause to be prepared appropriate
forms of such certificates.
D.
A charge as set forth in Chapter 124, Fees, to cover the cost of inspection in connection with such application shall be paid to the Municipal Clerk at the time the application is filed and shall not be refundable. In the event that more than two visits are required to one site, an additional fee shall be charged.
E.
A property owner shall be entitled to the issuance
of a conditional maintenance code certificate, provided that the purchaser
of the property acknowledges the violations noted by the Official
and agrees that such violations shall be remedied within 90 days of
the sale of the property. Extensions may be granted for an additional
90 days, provided that work is in progress.
F.
The issuance of a maintenance code certificate is
not a warranty with respect to the fitness of the subject property
for any particular purpose. No one other than the owner of the property
who has applied for the maintenance code certificate may rely upon
it, and the certificate is merely verification that the subject property
complies with the minimum requirements of Waterford Township's Property
Maintenance Code.
This article may be enforced by the filing of
a complaint against any person, firm, corporation, party of interest
or occupant who shall violate any of its provisions. Said party shall
be subject to a fine of not more than $1,000, imprisonment for not
more than 90 days, or community service of not more than 30 days,
or any combination thereof. Every day in which said person, firm,
corporation, party of interest or occupant remains in violation of
the provisions of this article shall be deemed a separate offense.
A continuance of a violation or noncompliance with the provisions
of this article shall be deemed a nuisance, and the governing body
shall have the right to apply to the courts of the state for injunctive
or other relief in addition to the penalties prescribed herein.
Any person aggrieved by an order issued by the
Official under this article may, within 30 days after the posting
and service of such order, bring an action for injunctive relief to
restrain the Official from carrying out the provisions of the order
and for any other appropriate relief.
If for any reason any section or provision of
this article shall be questioned in any court and shall be held to
be unconstitutional or invalid, the same shall not be held to affect
any other section or provision of this article.
All ordinances or parts of ordinances inconsistent
with the provisions of this article shall be and the same are hereby
repealed. Chapter 162, Housing Standards, of the Code of the Township
of Waterford is hereby repealed in its entirety.
This article shall take effect immediately upon
final passage and publication according to law.
[Added 11-12-1998 by Ord. No. 98-17]
A.
Where abatement of a nuisance, other than as described in § 220-5 herein, requires expending Township funds, the enforcing official shall present a report of work required to accomplish such abatement, together with a cost estimate to the Township Committee. The enforcing official shall also submit a summary of all proceedings undertaken to secure compliance from the effected property owner prior to seeking the use of municipal funding. The Township Committee may order that the Township Administrator proceed to have the necessary work completed to abate the nuisance and bring the property into compliance with this article. The work to be completed shall not exceed the amount of funds available and authorized to abate the nuisance. Upon completion of the work authorized, the Administrator shall submit a report of all expenses and costs, including administrative costs, to the Township Committee. The Township Committee shall adopt a resolution authorizing that said expenses and costs shall become a lien against the effected property, collectible as provided by law. A copy of the resolution authorizing said lien shall be certified by the Township Clerk and filed with the Township Tax Collector, who shall be responsible for the collection thereof. A copy of the resolution shall also be sent by certified and regular mail to the last known address of the property owner.
B.
Where the abatement of a nuisance requires immediate
expenditure of Township funds to rectify an imminent danger, hazard
or life-threatening situation, or for the necessary protection of
the health, safety and welfare of the public, the enforcing official
shall submit to the Township Committee a report identifying the reason
or reasons such action was required and the amount of all Township
funds expended. The Township Committee shall adopt a confirming resolution
approving the action and the expenditure of municipal funds for this
purpose, whereupon same shall become a lien against the effected property
collectible as provided by law. A copy of the resolution approving
the expenses and costs shall be certified by the Township Clerk and
filed with the Township Tax Collector, who shall be responsible for
the collection thereof. A copy of the resolution shall also be sent
by certified and regular mail to the last known address of the affected
property owner.
