Borough of Leonia, NJ Definitions

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

A motor vehicle exposed to public view and which is inoperable, irrespective of any registration, for more than 10 days.

[Amended 10-28-2002 by Ord. No. 09-02; 10-20-2008 by Ord. No. 29-08]

BATHROOM

Any enclosed space which contains one or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.

BOARDINGHOUSE

Any building in which there are one or more independent rooms for sleeping, whether furnished or unfurnished, available for occupancy by five or more persons for compensation and where there are not individual eating facilities. Such buildings shall be governed by the provisions applicable to multiple-family dwellings.

BUILDING

A combination of materials intended to form a safe and stable structure, whether used for residential, institutional, business, storage or any other purpose, and including any accessory buildings and appurtenances belonging thereto or usually enjoyed there with.

DETERIORATION

The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive wear.

DWELLING UNIT

Any room or group of rooms forming a single habitable unit which includes or is intended to include living, sleeping, bathing, toilet and cooking facilities.

EXPOSED TO PUBLIC VIEW

Any building or premises or part thereof which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, parking lot or from any adjoining or neighboring premises.

EXTERIOR OF PREMISES

Those portions of a building which are exposed to public view or the elements and the open space of any premises not occupied by any building.

GARBAGE

Animal, vegetable and other organic waste resulting from handling, preparing, cooking and consumption of food or other products. (See also "refuse" and "rubbish.")

HABITABLE ROOM

A room occupied by one or more persons for living, eating or sleeping, but not including bathrooms, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, boiler and utility rooms or spaces that are not used frequently or for an extended period of times or areas that have less than 50 square feet of floor area.

INFESTATION

The presence of insects, rodents, vermin or other pests on or within the premises.

MIXED OCCUPANCY

Any building containing one or more dwelling units and also having a portion thereof devoted to nonresidential uses. The applicable provisions for residential and nonresidential buildings shall control.

MULTIPLE-FAMILY DWELLING

A building designed for, arranged for or actually containing two or more dwelling units for residential purposes.

NUISANCE:

(1)

Any public nuisance known at common law or in law or equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Leonia.

(2)

Physical conditions dangerous to human life or detrimental to health of persons, including but not limited to any inadequately protected well, shaft, basement, excavation, abandoned motor vehicle, structurally unsound fence, wall or building, lumber, trash, debris or vegetation, such as poison ivy, oak, sumac or ragweed, or other condition which is or may be detrimental to the safety or health of persons, as well as anything which might constitute an attractive nuisance to children.

(3)

Inadequate or unsanitary sewerage or plumbing facilities in violation of this chapter.

(4)

Fire hazards.

OCCUPANT

Any person or persons, including the owner, having actual possession of and using a building or any part thereof.

OPERATOR

Any person who has charge, care or control of a building or premises or part thereof, whether acting with or without the knowledge and consent of the owner.

OWNER

Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling unit as owner or agent of the owner or as executor, administrator, trustee receiver or guardian of an estate or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee, a sublessee or assignee of all or any part of any building shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.

PREMISES

A lot, plot or parcel of land and any buildings located thereon, including sidewalks.

REFUSE

All putrescible and nonputrescible solid waste, except body wastes, including, but not limited to, brush, weeds, broken glass, debris of any description, garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles (whether properly registered or not as defined herein), solid market and industrial wastes, and construction materials of any type.

[Amended 12-29-1997 by Ord. No. 20-97; 10-28-2002 by Ord. No. 09-02]

RUBBISH

Combustible and noncombustible waste materials, excluding garbage, but including liquid commercial and industrial wastes.

STRUCTURE

A combination of materials, other than a building, intended to form a safe and stable construction, including but not limited to stadiums, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, sheds, shelters, coal bins, fences and display racks and signs.

WEATHERING

The deterioration, decay or damage caused by exposure to the elements.

Meaning of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person and to females as well as males and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.