A.
Residential. Occupants shall not, after notice as required under § 219-151, occupy or continue to occupy premises which are substandard by reason of the failure of the dwelling unit or rooming unit occupied by them or of the dwelling or premises to conform to and comply with the requirements of this code.
B.
Nonresidential. Upon discovery by an occupant of any
condition of the premises which constitutes a violation hereof, the
occupant shall report the same to the housing officer responsible
for enforcement hereunder.
All parts of the premises under the control
of the occupant or operator shall be kept in a clean and sanitary
condition, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary
or which would obstruct the owner or operator from performing any
duty required hereunder or maintaining the premises in a clean and
sanitary condition.
Occupants shall place all garbage in the receptacles
provided for garbage disposal and shall, where janitor service is
not supplied, place for disposal all garbage and other refuse in garbage
cans located in the exterior of the premises in an area designated
and set forth for the same. Where janitorial service for the removal
of garbage and other refuse to the exterior of the premises is provided
by the owner or operator, then the occupant shall dispose of garbage
and other refuse in containers provided therefore by the owner or
operator in designated and enclosed areas in the interior of the premises.
Garbage and other refuse shall not be thrown out of windows or down
dumbwaiters, nor shall garbage and refuse be set out on stairways
or fire escapes or in common hallways. All fire escapes, stairways,
common areaways and common hallways shall be kept free of accumulation
of personal belongings. All dumbwaiters shall be operable at all times
where in existence and used as a regular part of the garbage disposal
system.
A.
Residential. Every occupant of a dwelling unit or
rooming unit shall be responsible for eliminating all conditions causing
infestation which are caused by the occupant and also those conditions
which are subject to and under his exclusive control.
B.
Nonresidential. Every operator shall be responsible
for the elimination of infestation in and on the premises subject
to his control.
Every occupant or operator shall be responsible
for willfully or maliciously causing damage to any part of the premises.
No occupant shall cause excessive discoloration
of the sidewalls or ceilings of any part of the premises by improper
use of heating or cooking equipment.
Where any occupant undertakes by contract or as a condition of heat-letting to supply his own heat through a furnace or boiler which also heats a dwelling unit or rooming unit occupied by other persons, the said occupant shall be responsible for supplying heat in accordance with the provision of §§ 219-48 through 219-50.
Where any occupant undertakes to install heating equipment, the same shall conform to the requirements of § 219-48A, B and C. The occupant shall thereafter be responsible for maintaining such equipment installed by him in good repair and operating condition during all times that the heating equipment shall remain under his control.
Every occupant or operator shall maintain all
plumbing fixtures used by him in a clean and sanitary condition, and
he shall not deposit any material in any fixture or sewer system which
would result in stoppage of or damage to the fixture or sewer system.
Where the owner or operator would not otherwise
know of a defect of any facility, utility or equipment required to
be furnished hereunder and the same is defective or inoperable, each
occupant or operator affected thereby shall, upon learning of the
said defect, provide notice to the owner, operator or other person
in charge of the premises. Nothing herein shall be construed to provide
a defense to any owner or operator violating this code.
[Added 3-5-1987 by Ord. No. 973-87;
amended 6-9-2004 by Ord. No. 1620-04]
Where an owner/agent has been cited by the City
for violations of this code within any dwelling unit, the occupant
of such unit shall cooperate with the owner/agent to make the premises
available so that repairs may be made. The owner/agent is entitled
to access between 8:00 a.m. and 5:00 p.m. of any weekday (Monday through
Friday) where at least 48 hours' notice in writing has been given
of the owner's/agent's intention to make required repairs. If the
occupant is not going to be at home during normal day hours as cited
above, the occupant shall make arrangements with another party, the
Building Superintendent or the owner/agent to provide the necessary
access. If the occupant has a good and valid reason why repairs should
not be made at the time set forth by the owner/agent, the occupant
shall contact the Director of Housing Inspections within 24 hours
of receipt of notice and set forth the reason why repairs should not
be made. At that time, if the Director of Housing Inspections accepts
the reason offered, the Director shall so notify the owner/agent of
his decision and of an alternate date which said Director will have
established with the occupant.
[Added 3-5-1987 by Ord. No. 973-87]
Where an owner/agent wishes to serve notice
upon a tenant of his/her intention to make repairs, such notice shall
be delivered to the tenant at least 48 hours prior to proposed time
for commencing work and shall contain no less than the following:
A.
The name, address and phone number of the owner.
B.
The repairs which are to be made.
C.
The time at which work will commence.
D.
The estimated duration of work.
E.
The name of person or persons to do the work.
F.
Notice that the tenant is required to make the apartment available under terms of § 219-106.1 of the Code of the City of Passaic.
G.
Notice that the tenant may appeal to the Director
of Housing Inspections to alter the date upon presentation of good
and valid reasons.
[Amended 6-9-2004 by Ord. No. 1620-04]
[Added 3-5-1987 by Ord. No. 973-87]
An owner/agent who does not first avail him/herself of the provisions of § 219-106.1 and comply with the provisions of § 219-106.2 shall be deemed to have waived his/her access to the certificate of necessity proceedings (§ 219-181) and shall not be able to claim as a defense tenant's refusal to grant access.
[Amended 8-9-1984 by Ord. No. 795-84]
[Amended 8-9-1984 by Ord. No. 795-84]
[Amended 8-9-1984 by Ord. No. 795-84]
Any adult member of the family shall be responsible
and liable for any violation of this subsection caused by minors under
their care or custody occupying the same dwelling unit if the violations
were created or permitted to continue with the knowledge or acquiescence
or consent of the said adult member.
