Borough of Allendale, NJ Occupancy Limits; Unsafe Structures and Equipment

Avoid, prevent and eliminate conditions which, if permitted to continue or exist, will depreciate or tend to depreciate the value of adjacent or surrounding properties.

§ 180-2 Occupancy limitations.

Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces.

Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (6.5m) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6m) of floor area for each occupant thereof.

Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.

Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the following table:

Minimum Area Requirements (minimum area in square feet)
Space	1 to 2 occupants	3 to 5 occupants	6 or more
Living room	No requirements	120	150
Dining room	No requirements	80	100
Kitchen	50	50	60
Bedrooms	Shall comply with Subsection C above

Combined living room and dining room spaces shall comply with the requirements of the aforesaid table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.

Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm).

A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls.

All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities, and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

§ 180-3 Unsafe structures and equipment.

When a structure or equipment is found by the Code Official to be unsafe, or when a structure is found unfit for human occupancy or is found unlawful, such structure shall be condemned pursuant to the provisions of this chapter.

An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is likely.

Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

An unlawful structure is one found in whole or in part, to be occupied by more persons than permitted under this chapter, or was erected, altered or occupied contrary to law.

If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Construction Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Construction Code Official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Whenever the Construction Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment.

Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupancy of the premises, operating the equipment or removing the placard.

Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment, shall be liable for the penalties provided by this chapter.

The Construction Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or remove a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this chapter.

§ 180-4 Emergency measures.

When, in the opinion of the Construction Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building or occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Construction Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is unsafe and its occupancy has been prohibited by the Construction Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

Notwithstanding other provisions of this chapter, whenever, in the opinion of the Construction Code Official, there is imminent danger due to an unsafe condition, the Construction Code Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted and shall cause such other action to be taken as the Construction Code Official deems necessary to meet such emergency.

When necessary for the public safety, the Code Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures and prohibit the same from being utilized.

For the purposes of this section, the Construction Code Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

Costs incurred in the performance of emergency work shall be paid from the funds of the Borough on approval of the Construction Code Official. The Borough Attorney shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Mayor and Council, be afforded a hearing.

§ 180-5 Demolition.

The Construction Code Official shall order the owner of any premises upon which is located any structure which, in the Construction Code Official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to raze and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option, or where there has been a cessation of normal construction of any structures for a period of more than two years, to raze and remove such structure.

All notices and orders shall comply with the following service requirements: personal service or service by certified mail, return receipt requested.

If the owner of a premises fails to comply with a demolition order within the time prescribed, the Construction Code Official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the costs of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

When any structure has been ordered and razed and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The next proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

§ 180-6 Enforcement.

The Construction Code Official of the Borough is hereby designated as the person charged with the enforcement of this chapter.

§ 180-7 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this chapter or any direction or order promulgated hereunder shall, after summonses is issued under the terms hereof and upon conviction, be punished as follows:

(1)

For a first offense, by a fine not to exceed $50.

(2)

For a second offense, by a fine not to exceed $200.

(3)

For a third offense or any subsequent offenses, by a fine not to exceed $500, or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment.

Each violation of any of the provisions of this chapter, and each day that each such violation shall continue, shall be deemed to be a separate and distinct offense.