[Amended 7-10-1997 by Ord. No. 9711]
This article shall apply where it is found that
there exist in the City of Ventnor premises that are or may be substandard
with respect to site, structure, equipment or maintenance or, further,
that such conditions, including, but not limited to, structural deterioration,
lack of maintenance, deteriorating appearance of the structure or
premises, infestation and existence of fire or other hazards, are
generally a menace to health, safety and the general welfare or when
it is further found that such premises, due to their lack of maintenance
and progressive deterioration, have the additional effect of creating
blighting influences and initiating deterioration and that if the
same are not curtailed or removed, the aforesaid conditions will grow
and spread to affect premises and neighborhoods in standard condition
and will necessitate the expenditure of public funds to correct and
to eliminate the same by reason of regulations and restrictions as
contained herein, whereby the growth of slums and the spread of blight
can be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities enhanced and the public
health, safety and welfare protected and fostered.
[Amended 7-10-1997 by Ord. No. 9711]
The purpose of this article is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
all premises, to fix certain responsibilities and duties upon owners,
operators and occupants; to authorize procedures for the inspection
of nonresidential premises; to fix penalties for the violation of
this article; to provide for the right of access across adjoining
premises to permit repairs; and to provide for the repair of premises
unfit for occupancy or use. This article is declared to be remedial
and essential for the public interest.
The following terms, wherever used in this article,
shall have the respective meanings assigned to them unless a different
meaning clearly appears from the content:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
main building and which is located on the same lot.
BASEMENT
A portion of a building located partly underground, but having
less than half its clear floor-to-ceiling height below the average
grade of the adjoining ground.
BUILDING
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use.
CELLAR
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof or any building or part
thereof which may be lawfully viewed by the public from a sidewalk,
street or alleyway or from any adjoining or neighboring premises.
EXTERMINATION
The control or elimination of insects, rodents or other pests
by eliminating their harborage places, by removing or making inaccessible
materials that may serve as food or by any other recognized and legal
pest elimination methods approved by the Health Office.
FIRE HAZARD
Any device or condition likely to cause fire and which is
so located as to endanger either persons or property; the creation,
maintenance or continuance of any physical condition through which
there exists a use, accumulation or storage of combustible or explosive
material sufficient in amount or so located or in such a manner as
to put in jeopardy, in event of ignition, either persons or property;
and the obstruction to or of fire escapes, ladders which may be used
as escapes, stairways, aisles, exits, doors, windows, passageways
or halls likely, in the event of fire, to interfere with the operations
of the Fire Department or in the safety and ready egress of the occupants.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
HOTEL or MOTEL
A building arranged or used for the sheltering, sleeping
or feeding, for compensation, of more than 20 individuals.
INFESTATION
The presence of any insects, rodents, vermin or other pests.
NUISANCE
Any public annoyance known at public law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or in the
ordinances of the City of Ventnor City, including the following:
A.
Any attractive "nuisance" which may prove detrimental
to the health or safety of children, whether in a building, on the
premises or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation, such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors.
B.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
C.
Overcrowding of a room with occupants in violation
of any code of the City of Ventnor City.
D.
Insufficient ventilation or illumination in
violation of any code of the City of Ventnor City.
E.
Inadequate or unsanitary sewage or plumbing
facilities in violation of any code of the City of Ventnor City.
F.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of any code of the
City of Ventnor City.
G.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
OPERATOR
Any person who has charge, care or control of a building
or a part thereof.
OWNER
Any person who alone, jointly or severally with others shall
have the legal title to any property, with or without accompanying
actual possession thereof, or shall have charge, care or control of
any property 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."
PLUMBING
Includes all of the following supplied facilities and equipment:
water pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed
clothes-washing machines, catch basins, drains, vents and any similar
supplied fixtures, together with all connections to water, sewer or
gas lines.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping.
RUBBISH
Any combustible and noncombustible waste materials, except
garbage, including the residue from the burning of wood, coal, coke
and other combustible material, paper, rags, cartons, wood, excelsior,
rubber, leather, tree branches, grass trimmings, tin cans, metals,
mineral matter, glass, crockery and dust.
SEMIPUBLIC OCCUPANCY
Churches, private schools and veterans' and other clubs which
serve the public, but which are privately rather than publicly operated.
STRUCTURE
An assembly of materials forming a construction for occupancy
or use, including, among others, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, stagings, observation towers,
radio towers, water tanks, trestles, piers, wharves, open sheds, coal
bins, shelters, fences and display signs.
VENTILATION
The supply and removal of air by natural or mechanical means
to and from any space.
VENTILATION, NATURAL
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
WASHROOM
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
WEATHERING
Deterioration, decay or damage caused by exposure to the
elements.
The repeal of any provisions of any other ordinances
by this article shall not affect any action for prosecution or abatement
under any such ordinance or any notice, complaint or order issued
by any officer or agency of the City prior to the effective date hereof
or concerning which any prosecution or other steps of enforcement
have been taken or are being taken within any administrative agency
or in the Municipal Court for enforcement thereof.