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.
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.
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.
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.
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.
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.