[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:
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.
A building or structure or part thereof containing one or
more dwelling units.
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.
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.
Any person or persons in actual possession of and living
in the building or dwelling unit, including the 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.
Given the same meaning as defined in N.J.S.A. 1:1-2.
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.
The officer or officers who are authorized by this chapter
to exercise powers prescribed by this chapter.
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.
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]
(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.
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.
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:
(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.
