Borough of Spring Lake, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Spring Lake by Ord. No. 7-1986 (§ 9-8 of the Revised General Ordinances), as amended through Ord. No. 6-2001. Subsequent amendments noted where applicable.]
The Mayor and Council hereby adopt regulations establishing standards for the use and utilization of buildings within the Borough of Spring Lake so as to ensure that such buildings and dwellings are safe, sanitary and fit for human habitation or occupancy, and further establishes regulations governing the conditions of such dwellings and buildings. These regulations shall be known as the "Housing Code" of the Borough of Spring Lake.
The provisions of this chapter shall apply in all buildings and structures located within the Borough. All dwellings governed by the provisions of the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) shall comply with the regulations promulgated thereunder. In the event the provisions of this chapter are more stringent than those promulgated under the statute above stated, the provisions of this chapter shall govern.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any structure, or part thereof, used for human habitation, use or occupancy and includes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith.
DWELLING
A building or structure or part thereof containing one or more dwelling units.
DWELLING UNIT
Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used for living, sleeping, cooking and eating.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, sewing rooms, dressing rooms, libraries, studies, atriums, enclosed front porches, closets and storage spaces.
OCCUPANT
Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.
OWNER
Any person properly authorized to exercise powers of or for an owner of property for purposes of its purchase, sale, use, occupancy or maintenance.
PERSON
Given the same meaning as defined in N.J.S.A. 1:1-2.
PLUMBING FIXTURES
Includes all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
PUBLIC OFFICER
The officer or officers who are authorized by this chapter to exercise powers prescribed by this chapter.
UTILITIES
Includes electric, gas, heating, water and sewerage services, and equipment therefor.
A. 
The Code Enforcement Officer, with the aid of the Health Officer, if required, 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 chapter, including the following in addition to others herein granted:
(1) 
To investigate the conditions of dwellings in the Borough in order to determine which dwellings therein are in violation of the provisions of this chapter.
(2) 
To administer oaths, affirmations, examine witnesses and receive evidence.
(3) 
To enter upon the premises for the purpose of making examinations, provided that such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
B. 
Nothing in this chapter shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.
C. 
As set forth in § 211-11, there is established an Appeal Board. In certain instances, persons aggrieved by the decision of the Code Enforcement Officer may appeal to the Board of Appeals. In such instance, the Chairman of the Board of Appeals shall have all the powers hereby designated under this section and as set forth in subsequent sections.
D. 
The Construction Official of the Borough is hereby designated as the Deputy Code Enforcement Officer. In the absence of or in the incapacity of the Code Enforcement Officer, the Construction Officer shall have all of those powers and duties herein conferred upon the Code Enforcement Officer.
E. 
Members of the Police Department of the Borough of Spring Lake are hereby authorized and empowered, in the absence of the Code Enforcement Officer, to exercise such powers as may be necessary or convenient to carry out and enforce the provisions of § 211-22 of this chapter, with regard to enforcement of violations of occupancy overcrowding.
A. 
The Code Enforcement Officer is hereby authorized and directed to make inspections to determine the conditions of buildings, dwellings, dwelling units, and premises located within the Borough in order that he may perform the duties of safeguarding the health and safety of the occupants of buildings or dwellings and of the general public. For the purpose of making such inspections, the Code Enforcement Officer is hereby authorized to enter, examine and survey at all reasonable times all buildings, dwellings, dwelling units and premises.
B. 
The owner or occupant of every building, dwelling, dwelling unit or the person in charge thereof, shall give the Code Enforcement Officer, upon proper identification, free access to such building, dwelling, dwelling unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. In the event of emergency conditions, every occupant of a dwelling or dwelling unit shall provide or allow access to the owner or his agent to effectuate repairs or alterations to bring the premises into compliance with this chapter.
C. 
The Code Enforcement Officer may, upon affidavit, apply to the Municipal Judge of the Borough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
A. 
No person shall occupy as owner, occupant, or rent to or sell to another for occupancy, any building, dwelling or dwelling unit for the purpose of living therein, which does not conform to the provisions of this chapter.
B. 
For the purposes of this chapter, the Code Enforcement Officer may determine that a building or dwelling is unfit for human habitation or occupancy or use, if he finds that conditions exist in such building which are dangerous to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the Borough. Such conditions may include violations of the provisions of this chapter, as well as defects increasing the hazards of fire, accident or other calamities; lack of sanitary facilities, dilapidation, disrepair, structural defects or uncleanliness.
Whenever a petition is filed with the Borough Clerk by public authority, as defined in N.J.S.A. 40:48-2.4 et seq. or by at least 10 residents of the Borough charging that any building or dwelling is unfit for human habitation or occupancy or use, or whenever it appears to the Code Enforcement Officer on his motion that any building or dwelling is unfit for human habitation or occupancy or use, or is contrary to the provisions of this chapter, 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 or dwelling a complaint stating the charges in that respect and containing a notice as provided by this chapter.
[1]
Editor's Note: See also Ch. 145, Buildings, Unfit and Unsafe.
A. 
Whenever the Code Enforcement Officer determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall issue and serve a complaint of such violation or alleged violations upon the owner of and other parties in interest of the building or dwelling and dwelling unit involved. Such complaint shall be in writing and shall contain:
(1) 
A designation of the property sufficient for identification.
(2) 
A statement of the reason or reasons why it is being issued.
(3) 
A provision allowing owners and parties in interest to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place and day fixed in the complaint.
(4) 
A date for hearing, not less than 10 days nor more than 30 days after the serving of the complaint, before the Code Enforcement Officer or his designated agent as hearing officer.
(5) 
The form of complaint served upon the owner or other party in interest shall set forth the grounds of the procedures for appeal to the Appeal Board as established in this chapter.
A. 
Complaints made by the Code Enforcement Officer, pursuant to this chapter, shall be served upon the owner and parties in interest, or the operator or the occupant, or any persons, as the case may be, either personally or by registered or certified mail, return receipt requested, to his or their last known address; or by any other method authorized or required by the laws of this state.
B. 
If the whereabouts of such person is unknown and the same cannot be ascertained by the Code Enforcement Officer, the serving of such complaint upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Monmouth and circulating in the Borough of Spring Lake. A copy of such complaint shall be posted in a conspicuous place on the premises affected by the complaint and a copy of such complaint shall be posted in the office of the Borough Clerk.
A. 
At any hearing held in accordance with this chapter, the owner, tenant or occupant, or other parties in interest shall be given an opportunity, to be heard, to testify, and to show cause why such complaint should be modified or withdrawn. The hearing shall be held before the Code Enforcement Officer, and he shall have the power to administer oaths and affirmations in connection with the conduct at any such hearing, and the rules of evidence prevailing in the Court shall not be controlling in any such hearings.
B. 
After hearing, the Code Enforcement Officer shall make such order as is pertinent, depending upon his findings. A copy of the proceedings at such hearings, including findings and decision of the Code Enforcement Officer, shall be filed in the office of the Borough Clerk.
C. 
If after such complaint and hearing, the Code Enforcement Officer determines that the building or dwelling under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact and serve upon the owner thereof and parties in interest. In the event that the terms of this chapter are violated, the Code Enforcement Officer shall have the power and authority to require the demolition of the structure or that steps be taken to bring the premises into compliance with the ordinances. In the event that the owner or occupant fails to take such steps within a period of 15 days following issuance of the order, a summons may be issued. For each succeeding day during which the premises remain in violation of the order, a subsequent complaint may be issued.
(1) 
Upon failure of the owner or parties in interest to comply with such order as above stated, the Code Enforcement Officer may cause such building or dwelling to be repaired, altered, improved, vacated, closed or demolished and the Code Enforcement Officer may cause to be posted to the entrance to the building or dwelling a placard with the following words: "This building is unfit for human habitation or occupancy or use, or otherwise violates the provisions of the Housing Code of the Borough of Spring Lake; the use or occupancy of this building is prohibited and unlawful."
(2) 
If the owner or parties in interest fail to comply with any order to remove or demolish the building or dwelling as required under the terms of this chapter, the Code Enforcement Officer may cause such building or dwelling to be removed or demolished or may contract for the removal or demolition thereof after advertisement of and receipt of bids therefor.
(3) 
The amount of the cost of filing legal papers, fees for expert witnesses, search fees and advertising charges incurred in the cost of any proceeding taken pursuant to this chapter shall be calculated and upon filing in the offices of the Tax Collector of the Borough of Spring Lake be deemed a lien against the premises in question.
(4) 
The cost of such repairs, alterations or improvements, or vacating, enclosing 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 to be derived from such building or dwelling or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building or dwelling is removed or demolished by order of the Code Enforcement Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building or dwelling. If there are no such credits or the sum total of such cost exceeds the total of such credits, a detailed statement of the aforesaid cost 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 forwarded to the owner and other parties in interest by registered or certified mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Borough, such sum shall be secured in a manner directed by such Court and shall be disposed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided that nothing in this subsection shall be construed to impair or limit in any way the power of the Borough of Spring Lake to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the 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.
A. 
There is hereby established an Appeal Board, to be known as the "Housing Code Appeal Board" for the Borough of Spring Lake consisting of five members. Each member of the Appeal Board shall be appointed by the Mayor and Council and shall be a full-time resident of the Borough. The term of each member shall be three years except that the initial Board shall be appointed for a term of one, two and three years respectively. Thereafter, each member of the Appeal Board shall be appointed for a term of three years or until such time as his successor shall qualify. The Chairman shall be appointed by the Mayor and Council for a term of one year terminating on December 31 of each year. The Housing Code Appeal Board shall have the right to recommend that the Mayor and Council expend funds consistent with the appropriation made by the Mayor and Council. The Appeal Board shall have the right to retain a secretary subject to the approval of the Mayor and Council.
B. 
Any person aggrieved by the ruling of the Code Enforcement Officer shall have the right of appeal in writing to the Housing Code Appeal Board, provided that the order of the Code Enforcement Officer requires any of the following:
(1) 
Demolition of the structure.
(2) 
Renovations and repairs requiring the installation of additional facilities as required under §§ 211-15, 211-16, 211-17, 211-18, 211-19, 211-20, 211-21 and 211-22.
(a) 
Those persons entitled to appeal the decision of the Code Enforcement Officer shall have a period of 10 days after entry of the decision by the Code Enforcement Officer to appeal to the Appeal Board. The Chairman of such Appeal Board shall set down a date for hearing not sooner than five days after receipt of such written notice of appeal nor more than 15 days after receipt of such appeal. At such hearing, the owner, tenant or occupant, or other parties in interest, shall have the same opportunity to be heard and testify as before the Code Enforcement Officer. Hearings shall be conducted in the same fashion as above stated. The Chairman of the Appeal Board shall have the power to administer oaths and affirmations in connection with the conduct of the hearing. The Code Enforcement Officer shall offer evidence at such hearing in support of his ruling. The owner, tenant or occupant shall have the right to examine such Code Enforcement Officer on the basis of evidence presented.
(b) 
Such appeal shall be perfected by payment of an appeal fee in the sum of $250 and causing a notice of appeal to be served within 15 days of the order of the Code Enforcement Officer. Such notice of appeal shall be filed in the office of the Code Enforcement Officer with a duplicate filed in the office of the Borough Clerk.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(c) 
Such notice of appeal shall set forth with particularity the ruling appealed from, the grounds of appeal and the expected proof to be offered by the aggrieved party before the Housing Code Appeal Board.
(d) 
The Appeal Board, after the hearing, shall make such further order as is pertinent, depending upon their findings. Such order shall be rendered no later than 15 days after conclusion of the hearing. A copy of the proceedings of such hearing, including the findings and decisions of the Appeal Board, shall be filed in the office of the Borough Clerk concurrent with such order.
A. 
Whenever the Code Enforcement Officer finds that an emergency situation exists which requires immediate action to protect the public health or safety, he may without notice or hearing issue an order declaring the existence of such an emergency and requiring that such action be taken as deemed necessary to meet the emergency.
B. 
Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but upon petition to the Code Enforcement Officer shall be afforded a hearing as soon as reasonably possible. After such hearing, depending upon his findings as to whether the provision of this chapter have been complied with, the Code Enforcement Officer shall continue such order in effect, modify or revoke it.
A. 
Nothing in this chapter shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.
(1) 
No person shall transfer title to, nor suffer the occupancy of, the letting of, nor allow any person to live in or upon or inhabit as a tenant or tenants or occupants, or to occupy unit or units, within the confines of the Borough unless and until that person shall have first obtained from the Code Enforcement Officer of the Borough, a certificate of inspection permitting occupancy. Transfers of title may take place after but no occupancy shall be permitted until all items designated for correction by the Code Enforcement Officer are made and completed. These provisions shall apply with equal force and effect to any and all new and additional lettings, renewal of leases, tenants, transfer of title of premises or any part thereof, and occupancies of any dwelling, dwelling unit or dwelling units within the Borough upon the vacating of same by any and each occupant hereafter, whether the occupant was a tenant or owner, or co-owner, or occupant by any of the foregoing, from time to time, as may hereafter occur, whether the reoccupancy is by virtue of transfer of title of the dwelling, dwelling unit or dwelling units or by virtue of rental or renewal of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated. The foregoing requirements shall be effective whether the occupancy, rental, lease or transfer of title is temporary, seasonal or permanent, or whether or not for a consideration, except the landlord's reoccupying their home after a summer rental.
(2) 
Prior to the rental or renewal of lease, transfer of title or occupancy of any dwelling or dwelling unit or units, application for certificate of inspection permitting occupancy shall be made in writing to the Code Enforcement Officer of the Borough by that person, persons, firms or corporation, agent, servant or representative as set forth in Subsection A(1) above, and consent shall be given therewith unto the Code Enforcement Officer to enter upon and examine the dwelling, dwelling unit or units and the building or buildings wherein the same may be situate, for which the application is applied for, so that the Code Enforcement Officer may determine whether or not the dwelling unit or units and the building wherein the same may be situate, fully complies with all municipal ordinances and rules and regulations affecting the use and occupancy of all such dwellings and dwelling units and structures. No certificate of inspection permitting occupancy shall be issued unless there is full and complete compliance with all of the foregoing.
(3) 
All applications for such certificates, as aforesaid, shall be made in writing and shall state the name and address of the owner of the dwelling, the dwelling unit or units and the building or structure wherein the same may be situate, and the name and address of the owner-occupant or tenant-occupant or any other occupant of the same and also the name and address, if a sale or transfer of title, of the seller, transferor, buyer, transferees, and the new proposed owner-occupant or any other purposes occupant, and shall further state the premises to be occupied, including the street address thereof, and a designation of the portion or portions of the premises or structure for which the specific application is being made, and shall set forth the number of persons who shall occupy any and all portions of the premises including the specific portion for which the application is being made, and the specific room or rooms in these premises to be occupied for sleeping purposes and the number of persons to occupy each sleeping room.
(4) 
Any person or persons or partnership or firm or corporation including any real estate broker or real estate agent or any representative, servant or employee of any of the foregoing, who in any manner fail to fully comply with the terms and covenants of this chapter and who are part of any transaction resulting in the violation of any of the terms and provisions of this within section shall be deemed to have violated the terms and provisions of this chapter and subject to the penalties provided in this chapter for violation of the same, unless and until a certificate of inspection permitting occupancy as aforesaid shall have been issued.
(5) 
All violations of this chapter by any person or persons, partnership, firm or corporation, or any agents or servants or representatives as provided herein, whether the person be the owner of the premises, the agent of any party as aforesaid, or the tenant or the occupant or occupants shall be deemed separate and distinct violations for each and every day that the violation may continue, and all parties violating this chapter, shall be deemed jointly and severally liable for any and all such violations.
(6) 
The Code Enforcement Officer of the Borough shall have the authority to issue a certificate of inspection permitting occupancy under the terms of this chapter. All fees shall be paid to the Borough at the time of the filing of the applications for the certificate.
(a) 
Rental or renewal of lease of apartments (above stores or garage) or units within a common services residence (with up to 12 units): $50 per dwelling unit.
(b) 
Rental or renewal of lease of apartments (above stores or garage) or units within a common service residence (with 13 or more units): $100 per dwelling unit.
(c) 
Rental or renewal of lease or sale of houses up to four bedrooms: $100 per house.
(d) 
Rental or sale of house with more than four bedrooms: $150 per house.
(e) 
Reinspection fee: $25.
(f) 
Any re-rental that occurs within a three month period of the first certificate of inspection will have a cost of $50.
(7) 
A certificate of inspection permitting occupancy may be conditionally issued, provided however, that the conditions shall be in writing and shall provide that the certificate is automatically revoked in the event that conditions are not complied with within the time stated in the certificate.
(8) 
All buildings or structures or dwelling houses or dwelling units for which an application shall have been filed as required of this chapter shall fully comply with all other municipal ordinances or requisite municipal requirements for such structures or units, and, in addition thereto, but not in limitation thereof, any and all structures, dwellings or dwelling units for which application for such certificate shall be made by virtue of this chapter and which are not in compliance shall be deemed to be in violation of this chapter and the certificate shall not be issued. In the event that any such structure, dwelling or dwelling unit, in the opinion of the Code Enforcement Officer is in need of proper repairs for habitation or is in a dilapidated condition which might constitute a health or fire hazard or if the same has a lack of proper and adequate sewerage facilities, plumbing facilities, proper water or toilet facilities, inadequate electrical wiring or facilities, inadequate smoke detecting devices or is unfit for human habitation or proper and healthful use and occupancy or may be overcrowded by virtue of the number of proposed occupants which might constitute a health or fire hazard or which by virtue of any combination of any of the foregoing or any matters not specifically enumerated which may be deemed hazardous as to the health and welfare of the occupants or proposed occupants or of any adjoining properties or other persons within the municipality, the Code Enforcement Officer shall not issue the certificate applied for. The Code Enforcement Officer shall be required to specify the corrections to be made to the premises for the certificate to be issued.
(9) 
Affidavit. All applications for certificates of inspection permitting occupancy shall include an affidavit to be executed by each (adult) person to occupy the premises setting forth sufficient verifiable facts upon which the Borough Code Enforcement Officer shall rely to determine if any group of persons intending to occupy the premises constitutes a bone fide single family as defined in Chapter 225, Land Development, adopted by the Borough of Spring Lake on November 28, 1983, and as amended hereafter.
(10) 
All owners or renting agents or real estate agents or any person or persons applying for a certificate as provided herein, shall advise Code Enforcement Officer of reasonable time or times that the inspection may be made and have someone present to assist and provide entry for the inspection purposes. The Code Enforcement Officer shall comply with the request and application within a reasonable time after entry is provided, and when proper shall issue the certificate within a reasonable time thereafter.
(11) 
No tenant, owner or occupant shall sublease, sublet, transfer title, permit the use or the occupancy of the dwelling, dwelling unit or structure provided for herein, without following the procedures set forth and required by this chapter, nor shall any real estate broker or agent or representative of any of the foregoing permit any violation of this chapter.
B. 
At the time of the issuance of a certificate of inspection permitting occupancy there shall be paid an additional fee of $20 for the updating of the geographic information system (GIS). This fee shall be paid directly to the licenser.
[Added 2-24-2004 by Ord. No. 5-2004[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Every dwelling unit within the Borough shall be connected to both the potable water system and sanitary sewer system of the Borough of Spring Lake.
Every dwelling unit shall contain a kitchen sink of nonabsorbent, impervious material, at least one flush-type water closet, a lavatory, and a bathtub or shower available only for the use of the occupants of that dwelling unit. There shall be a minimum of one flush-type water closet and a lavatory for every six persons and in addition thereto, a bathtub or shower for every 10 persons occupying the premises.
A. 
Every water closet, lavatory and bathtub or shower for each dwelling unit shall be accessible from within the building without passing through any part of any other dwelling unit. Such water closet, lavatory and bathtub or shower shall be contained in a room or rooms which are separated from all other rooms by walls, doors, or partitions that afford privacy.
B. 
Every plumbing fixture shall be connected to the water and sewer systems of the Borough of Spring Lake, such connection to be made in a fashion approved by the Borough. All such fixtures shall be maintained in good working order and condition.
A. 
Every kitchen sink, lavatory and bathtub or shower required under the provisions of this chapter shall be connected to both hot and cold waterlines.
B. 
Every dwelling unit shall have water heating facilities which are installed and maintained in good and safe working condition. Such facilities shall be connected with the hot waterlines and capable of delivering water at a minimum temperature of not less than 120° F.
Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 70° F. when the outside temperature is 0° F. The temperature shall be read at a height of three feet above floor level at the center of the room.
A. 
Every dwelling and dwelling unit shall have a minimum of one approved Underwriters Laboratory listed and labeled smoke detector sensing visible or invisible particles of combustion and shall conform to the BOCA/ICC standards. Such detectors shall be installed in a manner and location consistent with its listing. Where the BOCA/ICC standards require installation of more than one smoke detector, the number required to be installed shall be in conformance with the newest BOCA/ICC standards.
B. 
Every dwelling and dwelling unit shall have such carbon monoxide detectors as required by state law.
C. 
Every dwelling and dwelling unit shall have such fire extinguishers as required by the Uniform Fire Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Every dwelling and dwelling unit shall have safe and unobstructed means of egress. Such means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
A. 
Every foundation, floor, wall ceiling door, window, roof, or other part of a building shall be kept in good repair and capable of the use intended by its design and any exterior part of parts thereof subject to corrosion or deterioration shall be kept well painted.
B. 
Every inside and outside stairway, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.
C. 
Every porch, balcony, roof and/or similar place higher than 30 inches above the ground, used for egress or for use by occupants shall be provided with adequate railing or parapets.
D. 
Every roof, wall, window, exterior door, and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
E. 
Cleanliness and repairs.
(1) 
Every building, dwelling, dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and hazards to safety. Lawns, hedges and bushes shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Fences shall be kept in good repair.
(2) 
The Code Enforcement Officer may order the owner to clean, repair, paint or paper walls or ceilings when such a wall or ceiling has become stained or soiled, or the plaster, wallboard, or other covering has become loose or badly cracked or missing.
(3) 
Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness as set forth in this chapter.
F. 
Every water closet compartment floor and bathroom floor shall be so constructed and maintained as to be reasonably impervious to water so as to permit such floor to be kept in a clean condition.
A. 
Every dwelling unit shall contain at least 200 square feet of floor space for the first occupant thereof and at least 150 additional square feet of floor space for every additional occupant thereof, floor space to be calculated on the basis of total habitable room area.
B. 
Occupancy limits.
(1) 
In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain:
(a) 
At least 80 square feet of floor space if occupied by one person.
(b) 
At least 120 square feet of floor space if occupied by two persons.
(c) 
At least 180 square feet of floor space if occupied by three persons.
(d) 
At least 240 square feet of floor space if occupied by four persons.
(2) 
No room designated and arranged for sleeping purposes shall be so used by more than four persons.
(3) 
One infant under 2 1/2 years of age may be included in any room authorized for occupancy by two or more persons without contributing to the occupancy limit.
C. 
At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
D. 
No room in a dwelling may be used for sleeping if the floor level of the room is lower than two feet below the average grade of the ground adjacent to and within 10 feet of the exterior walls of the room.
A. 
No owner or occupant shall cause any services, facilities, equipment, or utilities which are required under this chapter to be removed from, shut off, or discontinued in any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in progress or during temporary interruption as may be necessary while actual repairs or alterations are in progress or during temporary emergencies when discontinuance of service is authorized by the public officer. In the event that any services or utility, which the owner has agreed to supply, is discontinued the owner shall take immediate steps to cause the restoration of such service or utility.
B. 
No owner shall occupy or let to an occupant any vacant dwelling unit unless it is clean and sanitary.
C. 
Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwellings and premises thereof. It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not otherwise prohibited by the Borough of Spring Lake ordinances shall be done in an orderly manner so as to not constitute a health, safety or five hazard.
D. 
Every occupant of a dwelling shall keep in a clean and sanitary condition that part of the dwelling which he occupies and controls.
E. 
Every occupant of a dwelling shall dispose of all his garbage and other organic waste which might provide food for rodents, by placing it in the required garbage storage receptacles.
F. 
In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish the receptacles outside the dwelling unit as are needed for the storage of garbage until removal from the premises. In dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the dwelling units as are needed for the storage of garbage until removal from the premises.
G. 
Every occupant of a dwelling comprising a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions, whenever infestation is caused by failure of the owner to maintain a dwelling in proper condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more dwelling units in any dwelling or in the common parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
H. 
Every occupant of a dwelling unit shall keep all plumbing fixture therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
I. 
In dwelling containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility for the owner to make provision for the proper operation of such facilities at all times.
J. 
Every owner of a dwelling, who permits to be occupied any dwelling unit therein under any agreement, expressed or implied to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain therein a minimum inside temperature of 70° F. in all habitable rooms, bathrooms, and water closet compartments between the hours of 6:00 a.m. and 11:00 p.m. throughout the year. In the absence of a contract agreement to the contrary, an owner shall be obligated to provide heat wherever heating facilities are under the control of the owner of whenever two or more dwelling units are heated by a common facility.
K. 
The owner shall be responsible for compliance with all provisions of this chapter not specified as the responsibility of occupants.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be liable to the penalty as contained in Chapter 1, Article II, General Penalty. Each violation of any provision of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.