Any building or portion thereof, including any
dwelling unit, guest room or suite of rooms or the premises on which
the same is located, in which there exists any of the following listed
conditions to an extent that endangers the life, limb, health, property,
safety or welfare of the public or the occupants thereof shall be
deemed and hereby is declared to be a substandard building:
A.
Inadequate sanitation, which shall include but not
be limited to the following:
(1)
Lack of or improper water closet, lavatory, bathtub
or shower in a dwelling unit.
(2)
Lack of or improper water closets, lavatories and
bathtubs or showers per number of guests in a hotel.
(3)
Lack of or improper kitchen sink.
(4)
Lack of hot and cold running water to plumbing fixtures
in a hotel.
(5)
Lack of hot and cold running water to plumbing fixtures
in a dwelling unit.
(6)
Lack of adequate heating facilities.
(7)
Lack of or improper operation of required ventilating
equipment.
(8)
Lack of minimum amounts of natural light and ventilation
required by this code.
(9)
Room and space dimensions less than required by this
code.
(10)
Lack of required electrical lighting.
(11)
Dampness of habitable rooms.
(12)
Infestation of insects, vermin or rodents as
determined by the Housing Officer.
(13)
General dilapidation or improper maintenance.
(14)
Lack of connection to the required sewage disposal
system.
(15)
Lack of adequate garbage and rubbish storage
and removal facilities as determined by the Housing Officer.
B.
Structural hazards, which shall include but not be
limited to the following:
(1)
Deteriorated or inadequate foundations.
(2)
Defective or deteriorated flooring or floor supports.
(3)
Flooring or floor supports of insufficient size to
carry imposed loads with safety.
(4)
Members of walls, partitions or other vertical supports
that split, lean, list or buckle due to defective material or deterioration.
(5)
Members of walls, partitions or other vertical supports
that are of insufficient size to carry imposed loads with safety.
(6)
Members of ceilings, roofs, ceiling and roof supports
or other horizontal members which sag, split or buckle due to defective
material or deterioration.
(7)
Members of ceilings, roofs, ceiling and roof supports
or other horizontal members that are of insufficient size to carry
imposed loads with safety.
(8)
Fireplaces or chimneys which list, bulge or settle
due to strength to carry imposed loads with safety.
C.
Nuisance. Any nuisance as defined in this code.
D.
Hazardous wiring. All wiring, except that which conformed
with all applicable laws in effect at the time of installation.
E.
Hazardous plumbing. All plumbing, except that which
conformed with all applicable laws in effect at the time of installation
and which has been maintained in good condition and which is free
of cross-connections and siphonage between fixtures.
F.
Faulty weather protection, which shall include but
not be limited to the following:
(1)
Deteriorated, crumbling or loose plaster.
(2)
Deteriorated or ineffective waterproofing of exterior
walls, roof, foundations or floors, including broken windows or doors.
(3)
Defective or lack of weather protection for exterior
wall coverings, including lack of paint or weathering due to lack
of paint or other approved protective covering.
(4)
Broken, rotten, split or buckled exterior wall coverings
or roof coverings.
G.
Fire hazard. Any building or portion thereof, device,
apparatus, equipment, combustible waste or vegetation which, in the
opinion of the Chief of the Fire Department or his deputy, is in such
a condition as to cause a fire or explosion or provide a ready fuel
to augment the spread and intensity of fire or explosion arising from
any cause.
H.
Faulty materials of construction. All materials of
construction, except those which are specifically allowed or approved
by this Code and the Passaic Building Code and which have been adequately
maintained in good and safe condition.
I.
Hazardous or unsanitary premises. Those premises on
which an accumulation of weeds, vegetation, junk, dead organic matter,
debris, garbage, offal, rat harborages, stagnant water, combustible
materials and similar materials or conditions constitute fire, health
or safety hazards.
J.
Inadequate maintenance. Any building or portion thereof
which is determined to be an unsafe building in accordance with Section
104 of the Passaic Building Code.
K.
Inadequate exits. All buildings or portions thereof
not provided with adequate exit facilities as required by this code,
except those buildings or portions thereof whose exit facilities conformed
with all applicable laws at the time of their construction and which
have been adequately maintained and increased in relation to any increase
in occupant load, alteration or addition or any change in occupancy.
When an unsafe condition exists through lack of or improper location
of exits, additional exits may be required to be installed.
L.
Inadequate fire-protection or fire-fighting equipment.
All buildings or portions thereof which are not provided with the
fire-resistive construction or fire-extinguishing systems or equipment
required by this code, except those buildings or portions thereof
which conformed with all applicable laws at the time of their construction
and whose fire-resistive integrity and fire-extinguishing systems
or equipment have been adequately maintained and improved in relation
to any increase in occupant load, alteration or addition or any change
in occupancy.
M.
Improper occupancy. All buildings or portions thereof
occupied for living, sleeping, cooking or dining purposes which were
not designed or intended to be used for such occupancies.
[Amended 4-23-1987 by Ord. No. 982-87]
The Housing Officer, on his own or upon the
filing of a petition by at least five residents charging that a building
is unfit for human habitation or use, shall make an inspection of
any building believed to be unfit for human habitation or use and
shall make preliminary findings in accord with the standards provided
herein, whether the premises are unfit for human habitation or use,
and, if so, he shall serve a notice upon the owner, operator, occupant,
all lienholders and such other parties in interest as a search of
the property title shall reveal, advising all such parties of his
findings and setting a date for a hearing not less than seven days
from the date of mailing such notice by certified mail.
[Added 4-23-1987 by Ord. No. 982-87]
Where the Housing Officer shall convene a hearing as set forth in § 219-184, costs appurtenant thereto may be levied against the owner and/or such parties at interest as may participate in the proceedings to their benefit. Such costs shall include but not be limited to search fees, the expense of certified mailings, the expense of newspaper advertising and the expense of personal service, if required.
[Added 4-23-1987 by Ord. No. 982-87]
In the event of the imposition of costs as provided in § 219-184.1 and the failure of the owner of the subject property to pay same, a detailed statement of the amount due shall be filed with the custodian of records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by certified mail. Any owner or party in interest may, within 60 days or from the date of filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the costs set forth in the municipal lien certificate.
In making a determination of whether a building
is unfit for human habitation or use, the Housing Officer shall determine,
whether by reason of violations of this code existing in the building
or on the premises, that continued occupancy of the building will
not endanger and jeopardize the health and safety of the occupants
or persons in the vicinity of the premises, and to that end, he may
consider, among other factors:
A.
Whether the premises are so structurally defective
that there is a risk of collapse or of loose materials falling and
injuring persons in and around the building.
B.
Whether by reason of electrical wiring, conduits or
equipment, heating or cooking facilities or lack of proper means of
egress there is a danger of fire or, in the case of fire, inadequate
means of egress.
C.
Whether premises are deficient in one or more essential
utilities, including public sewer, water supply or electricity.
D.
Where premises were not designed or constructed for
human habitation, whether by reason of the same, occupancy constitutes
an unnecessary hazard to safety or health.
[Amended 4-23-1987 by Ord. No. 982-87]
After the holding of a hearing as prescribed in § 219-184, the Housing Officer shall make a determination as to whether the building is unfit for human habitation or use and thereupon he shall make an order, based upon an evaluation of health and safety factors in the use of the premises, as follows:
A.
That occupancy of all or part of the building be permitted
for a limited period of time not to exceed 30 days, upon the stipulation
that all violations recited in the order are corrected or abated within
the time and, if not corrected or abated, the premises be vacated
within 10 days thereafter.
B.
That the building or any part thereof be ordered vacated
within a specified period not to exceed 30 days, be boarded up and
signs or notices that occupancy is prohibited be posted prominently
at all the entrances of the building and that the order continue in
effect until the conditions are abated and the order revoked as provided
herein. The order may prohibit occupants from paying, and the owner
and operator from receiving, rent or other compensation for use and
occupancy while it remains in effect; or
C.
That by reason of the complete state of disrepair
and the disproportionate investment required to restore the building
to habitable condition and the danger that the premises constitute,
even while vacant, a threat to the health or safety of persons on
or near the premises, that the improvement of the building is impracticable
and continuance of the building vacant constitutes a danger to the
health, safety and well-being of the neighborhood, whereupon the building
is to be ordered vacated and demolished within a period of time not
to exceed 60 days, unless the owner, after having the premises vacated,
consents, where no emergency exists, in writing to rehabilitate the
building so that it complies in all respects with this code within
six months and provides, if required by the Housing Officer, a performance
bond guaranteeing that the work be done; or unless the owner, if the
Housing Officer deems it feasible without jeopardizing public health
and safety, agrees with the Housing Officer to put the premises up
for sale on terms, conditions and limitations which would provide
a reasonable expectancy of securing the rehabilitation of the building
thereon within a reasonable period of time, and further that if such
sale does not occur within the time specified, the Housing Officer
may thereafter demolish the building without further notice or proceedings.
D.
Any tenant who received a notice of eviction pursuant
to N.J.S.A. 2A:18-61.2(c) that results from zoning or code enforcement
activity for an illegal occupancy, as set forth in N.J.S.A. 2A:18-61.1g(c),
shall be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental paid
by the displaced person. The owner of the structure shall be liable
for the payment of relocation assistance pursuant to this section.
In addition to being required to pay reimbursement for relocation
assistance, an additional fine shall be paid by the owner of the structure
for each illegal occupancy, up to an amount equal to six times the
monthly rental paid by the displaced person.
[Added 12-1-1994 by Ord. No. 1313-94]
Where premises are ordered vacated, all doors to the exterior shall be locked and first-story or basement and cellar windows barred or boarded to prevent entry. Where an order is issued under § 219-186, it shall be served on all persons affected thereby pursuant to § 219-151. When the conditions of the violations complained of are corrected, the owner or occupant affected thereby may request a reinspection, which shall be provided upon the payment of a reinspection fee of $10. Based on the reinspection, the Housing Officer shall issue a further order which shall either revoke the previous order and permit occupancy or state such further conditions or time limits during which additional repairs or improvements are to be made before occupancy is again permitted or order vacation and demolition as in § 219-186. Upon compliance with the conditions contained in any order, the Housing Officer shall permit the signs to be removed and the premises made available again for occupancy.
[Amended 9-24-1992 by Ord. No. 1186-92]
Where the owner, operator or occupancy fails
to comply with any order hereunder or to perform in accordance with
any written commitment as provided herein or removes any notice posted
pursuant thereto or any lock or bar without the permission of the
Housing Officer, he shall be deemed in violation of this code and
subject to the penalties provided herein. In addition thereto, the
Housing Officer may take such steps as may be necessary to compel
vacation and boarding up of any premises and may post signs prohibiting
occupancy. Additionally, the Housing Officer may take whatever actions
necessary to repair or demolish the building or buildings, or part
thereof, and to assess the costs of such repair or demolition as a
municipal lien against the premises.
Where the Housing Officer makes a preliminary finding that conditions on the premises constitute an immediate and substantial threat to the safety and health of occupants or persons in proximity to the premises, he may order and direct that the premises be vacated immediately and that signs or notice be posted prohibiting occupancy thereof and that the premises be locked and boarded up as provided in § 219-187. Any party aggrieved thereby may, within 10 days thereafter, make a request for a hearing in accordance with §§ 219-153 and 219-154, and upon holding a hearing as provided herein and the making of a determination that the premises are fit for human occupancy or that the premises upon the removal of certain specified conditions will become again fit for human occupancy, the order may be rescinded or modified and the signs, bars and locks as provided herein removed when the premises are again fit for human habitation and the specified conditions, if any, are satisfied.
