[Adopted 6-29-1976 by Ord. No. 841]
This article shall be known as "The Multiple-Dwelling
Property Maintenance Code of the Borough of Dumont" and may be referred
to in this article in the short form as "this code."
It is hereby found and declared that there exist
in the Borough buildings and premises used for multiple dwelling purposes
which are, or may become, substandard with respect to structural integrity,
equipment or maintenance, and further, that such conditions, including
but not limited to structural deterioration, lack of exterior maintenance,
infestation, lack of minimal essential heating, plumbing, storage,
or refrigeration equipment, lack of maintenance or upkeep of essential
utilities and facilities, existence of fire hazards, inadequate provisions
for light and air, unsanitary conditions, and overcrowding, constitute
a menace to the health, safety welfare and reasonable comfort of the
citizens and inhabitants of the Borough of Dumont.
The purposes of this code is to protect the
public health, safety and welfare by establishing standards governing
the maintenance, condition and occupancy of premises situated in the
Borough, used or intended to be used or designed to be used, in whole
or in part, for multiple dwelling residential purposes; to establish
standards governing utilities, facilities and other physical components
and conditions essential to make such premises fit for human habitation
or occupancy and use; to fix certain responsibilities and duties upon
owners and operators, and distinct and separate responsibilities upon
occupants; to prevent blighting conditions; to authorize and establish
procedures for the inspection of such premises; to correct violations
or to fix penalties for the violations of this code; to provide for
the right of access across adjoining premises to permit repairs. This
code is hereby declared to be remedial and essential for the public
interest and it is intended that this code be liberally construed
to effectuate the purposes as stated herein.
A.
Buildings affected by this code. Every building and the premises on which it is situated in the Borough used, or intended to be used or designed to be used, in whole or in part, for multiple dwelling residential purposes, including two-family non-owner-occupied houses and any other building housing three or more dwelling units, shall comply with the provisions of this code, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises for the construction, alteration or repair of any such building or for the installation or repair or equipment or facilities therein or thereon prior to the effective date of this code. This code establishes standards for the occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises, equipment or facilities contained therein or thereon, except as provided in Subsection B hereof. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of both this code and the Building, Zoning and other applicable ordinances of the Borough.
B.
Higher standards to prevail in case of conflict with
other ordinances or laws. In any case where the provisions of this
code impose a higher standard than that set forth in any other ordinance
of the Borough or law of the State of New Jersey applicable thereto,
then the standards as set forth herein shall prevail, but if the provisions
of this code impose a lesser standard than such other ordinance of
the Borough or law of the State of New Jersey, then the higher standard
contained in such other ordinance or law shall prevail.
C.
Issuance and renewal of other permits and licenses.
After the date of enactment hereof, all licenses, permits and certificates
of occupancy relating to such buildings and premises which may be
issued or renewed pursuant to any other ordinance of the Borough,
may be issued or renewed only upon compliance with this code as well
as compliance with the ordinance under which such licenses and permits
may be granted or renewed.
D.
Enforcement and compliance with other ordinances.
Compliance with this code shall not constitute a defense against the
violation of any provision of any other ordinance of the Borough applicable
to any building or premises.
A.
Owner and operator. Owners and operators shall have
all the duties and responsibilities as prescribed in this code and
the regulations promulgated pursuant thereto, unless specifically
set forth to the contrary, and no owner or operator shall be relieved
from any such duty and responsibility nor be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof. This section
shall not be construed to impose liability upon any owner or operator
for violations caused by an occupant and of which the said owner or
operator did not have actual notice.
[Amended 3-14-1978 by Ord. No. 862]
B.
Occupant. Occupants shall have all the duties and
responsibilities as prescribed in this code and all the regulations
promulgated in connection therewith, and the occupant shall not be
relieved from any such duty or responsibility nor be entitled to defend
against any charge of violation thereof by reason of the fact that
the owner or operator is also responsible therefor and in violation
thereof.
C.
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this code, the respective obligations
and responsibilities of the owner and operator on one hand, and the
occupant on the other, shall not be altered or affected by any agreement
or contract by and between any of the aforesaid or between them and
their parties.
A.
ABANDONED MOTOR VEHICLE
BATHROOM
BOARDING HOUSE
BOROUGH
BUILDING
DETERIORATION
DWELLING UNIT
EXPOSED TO PUBLIC VIEW
EXTERIOR OF PREMISES
GARBAGE
HABITABLE ROOM
INFESTATION
MIXED OCCUPANCY
MULTIPLE-FAMILY DWELLING
NONRESIDENTIAL
NUISANCE
(1)
(2)
(3)
(4)
(5)
OCCUPANT
OPERATOR
OWNER
PREMISES
REFUSE
RUBBISH
WEATHERING
As used in this article, the following terms shall
have the meanings indicated:
A motor vehicle exposed to public view which does not have
a valid registration and license plate and has no inspection sticker
or an inspection sticker which has elapsed for more than 30 days of
has been inoperative for more than 30 days because of the lack of
essential components such as an engine or wheels.
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.
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 dwelling.
The Borough of Dumont, County of Bergen, State of New Jersey.
A combination of materials intended to form a safe and stable
structure, used for multiple dwelling residential purposes and including
any accessory buildings and appurtenances belonging thereto or usually
enjoyed therewith.
The condition of a building, or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay, lacking structural maintenance, whether
interior or exterior.
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.
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.
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.
Animal, vegetable and other organic waste, resulting from
handling, preparing, cooking and consumption of food or other products.
(See also "refuse" and "rubbish.")
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 time or areas that have less than 50 square feet of floor area.
The presence of insects, rodents, vermin or other pests on
or within the premises.
Any building containing two or more dwelling units and also
having a portion thereof devoted to nonresidential uses. The applicable
provisions for residential buildings shall control the residential
portions thereof and the applicable provisions for nonresidential
buildings shall control the nonresidential portion thereof.
A building designed for, arranged for, or actually containing
three or more dwelling units for residential purposes.
The use of this word refers only to the nondwelling use of
a mixed occupancy building.
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.
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.
Inadequate or unsanitary sewerage or plumbing
facilities in violation of this code.
Fire hazards.
Electrical hazards.
Any person or persons, including the owner, having actual
possession of, and using a building or any part thereof.
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.
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 the 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.
A lot, plot, or parcel of land and any buildings located
thereon, including, but not limited to, sidewalks, yards and parking
areas.
All putrescible and nonputrescible solid wastes (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 and solid market and industrial
wastes.
Combustible and noncombustible waste materials, excluding
garbage, but including liquid commercial and industrial wastes.
The deterioration, decay, or damage caused by exposure to
the elements.
B.
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.
A.
Applicability. All of the provisions contained in
this section shall be applicable to multiple dwelling residential
buildings and premises, except where specifically provided to the
contrary.
B.
Exterior of premises: nuisances and hazards. The exterior
of any premises shall be kept free of refuse, nuisances and any hazards
to the safety of occupants, pedestrians and other persons utilizing
the premises, and free of unsanitary conditions. It shall be the duty
of the owner or operator to keep the premises free of or remove, abate
and correct the premises against such conditions, which include but
are not limited to the following:
(1)
Defective chimneys and flue and vent attachments thereto.
Chimneys and flue and vent attachments thereto, if used, shall be
maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed and constructed. Chimneys, flues, gas vents and other draft
producing equipment shall provide sufficient draft to develop the
rated output of the connected equipment, shall be structurally safe,
durable, smoke-tight, and capable of withstanding the temperature
and action of flue gases.
(2)
Unsafe exterior porches, landings, balconies, stairs,
and fire escapes. In all buildings, exterior porches, landings, balconies,
stairs and fire escapes shall be provided with banisters or railings
properly designed and kept structurally sound, in good repair, well
painted or otherwise provided with a protective treatment to prevent
deterioration, and kept free from defects and hazards to public health
safety.
(3)
Refuse. All refuse shall be kept in secure containers
pursuant to the sanitary code of the Borough.
(4)
Hazardous natural growth. Trees and limbs or other
natural growth which constitute a hazard or may be dangerous to persons
in the vicinity thereof.
(5)
Overhangings. Loose, overhanging and projection objects
which by reason of location above ground level constitute dangers
to persons in the vicinity thereof.
(6)
Dangerous unsanitary conditions. Holes, excavations
breaks, projections, icy conditions, uncleared snow, obstructions
and excretion of pets or other animals on paths, sidewalks, walks,
driveways, parking lots and parking areas, and other parts of the
exterior of the premises which are accessible to and used by persons
having access to such premises.
(7)
Recurring accumulation of stormwater. Adequate runoff
drains shall be provided and maintained in accordance with applicable
Borough ordinances to eliminate recurrent accumulations of stormwater.
(8)
Sources of infestation. Any conditions which may encourage
the growth and development of insects, rodents, vermin or other pests.
(9)
Defective walls. Foundation walls and retaining walls
shall be kept structurally sound, free from defects and damage, and
capable of sustaining imposed loads safely.
(10)
Awnings and marquees. Any awning or marque and its
accompanying structural members which extend over any street, sidewalk
or other portion of the premises shall be maintained in good repair
and shall be so maintained as to not constitute a nuisance or a safety
hazard. In the event any such awning or marquee is not properly maintained
in accordance with the foregoing, it shall, together with its supporting
member, be removed forthwith. Where such awning or marquee is exposed
to public view, it shall be maintained in good condition and shall
not show evidence of excessive weathering, ripping, tearing or other
deterioration. Nothing herein shall be construed to authorize any
encroachment of an awning, marquee or its accompanying structural
members on streets, sidewalks, or other parts of the public domain.
(11)
Sidewalks, driveways, etc. All sidewalks, driveways,
walkways and entrance stairways shall be maintained in a safe condition,
such as will not constitute a hazard to persons using the premises.
(12)
Waterways and brooks, etc. All waterways, brooks,
drainage ditches and swales, to the extent that the same are located
on any subject premises, shall be maintained free of obstructions
which would impede the natural flow of water.
C.
Exterior of premises: repair and maintenance. The
exterior of every building or accessory building (including fences)
shall be maintained in good repair. They shall be maintained free
of conditions reflective of extensive deterioration and subnormal
maintenance characterized by such conditions as broken panes of glass,
openings unprotected by doors or windows; loose or missing siding
or roof coverings affecting five percent or more of the outside surface,
instances of rotting wood or crumbling stones or bricks, defective
or inoperable leaders or gutters which permit water damage to the
property, to the end that the property itself may be preserved, safety
and fire hazards eliminated and the general welfare of the neighborhood
protected.
D.
Removal of refuse. If the owner or operator of any
lands or buildings in the Borough shall fail or neglect to remove
refuse within 10 days after notice to remove same, in the manner and
within the time provided, the Public Officer may, in addition to such
other remedies provided herein, cause same to be removed by the Borough.
In such cases, the Public Officer shall certify the cost thereof to
the Mayor and Council, which shall examine the certificate, and if
found correct and reasonable shall by resolution approve the cost
as shown thereon to be charged against said lands. The amount so charged
shall become a lien upon such lands and shall be added to and become
and form part of the taxes next to be assessed and levied upon such
lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced in the same manner as are taxes.
A.
Single-family, two-family, multifamily residence and
commercial properties. The exterior of all single-family, two-family,
multifamily residences and commercial properties and premises shall
be maintained so as to facilitate the elimination of health, safety,
quality of life, and fire hazards and so that the appearance of the
premises and all buildings thereon shall reflect a level of maintenance
in keeping with the standards of the neighborhood, including but not
limited to the following:
[Amended 11-23-2010 by Ord. No. 1424; 2-21-2017 by Ord. No. 1513]
(1)
Storage of commercial and industrial material. There
shall not be stored or used at a location exposed to public view equipment
and materials relating to commercial or business uses.
(2)
Front, rear, or side yard parking. No person shall park, stop or
stand any motor vehicle or permit or suffer the same to be done in
any front, rear, or side yard area of any dwelling building except
on driveway and parking areas located and installed in compliance
with applicable Borough ordinances.
B.
Prohibited actions: mixed-occupancy buildings and
premises. The exterior of mixed-occupancy buildings and premises shall
be maintained so that the appearance thereof shall not constitute
a blighting effect upon neighboring properties nor an element leading
to a progressive deterioration and downgrading of neighboring properties,
including the following:
(1)
Signs and billboards. All permanent signs and billboards
exposed to public view shall be maintained in good repair. Any sign
or billboard which has weathered excessively or faded or the paint
on which has excessively peeled or cracked shall, with its supporting
members, be removed forthwith or put into a state of good repair.
All nonoperative or broken electrical signs shall be repaired or shall,
with their supporting members, be removed forthwith.
(2)
Windows and window display areas. All windows exposed
to public view shall be kept clean and free of marks and foreign substance.
Except when utilized for display purposes, no materials stock or inventory
shall be permitted in window display areas exposed to public view
unless such areas are first screened by drapes, venetian blinds or
other means of making the windows opaque. All screening of interiors
shall be maintained in a clean and attractive manner and in a good
state of repair.
(3)
Repair and painting of exteriors of buildings. All
store fronts and the exteriors of all mixed-occupancy buildings shall
be kept in good repair, painted where required or otherwise provided
with protective treatment sufficient to prevent deterioration and
shall not constitute a safety hazard or nuisance. In the event repairs
to a store front become necessary, such repairs shall be made in harmony
with the original design with the same materials or appearance similar
to those used in the construction of the store front in such a manner
as to permanently repair the damaged area or areas.
(4)
Exterior gardens shall be maintained in a neat and
orderly manner and any grass or bushes shall be trimmed as required
to maintain a neat appearance.
A.
Multiple-family, mixed occupancy and nonresidential
buildings and premises. All multiple-family and mixed occupancy buildings
and their premises shall be kept free of nuisances or other conditions
which may constitute health, safety or fire hazards for occupants,
neighbors or the general public. The owner, operator or occupant of
every such building and its premises shall, along with other responsibilities
necessary to attain these objectives:
(1)
Maintain all floors and supporting structural members
in sound condition capable of safely bearing imposed loads.
(2)
Cover bathroom and kitchen floors with water-resistant
materials.
(3)
Supply properly fitting screens in good repair for
each exterior door and window in multiple-family dwellings. Such screens
shall be installed and maintained by the owner or operator from May
1st to October 1st of each year. Window screens shall not be required
in those windows provided with air-conditioning units or in centrally
air-conditioned dwellings.
(4)
Keep walls and ceilings in good repair, free from
cracks, breaks, loose plaster and similar conditions. Walls and ceilings
shall be protected with paint, paper, sealing material or other covering
so they may be clean, free of visible foreign matter, sanitary and
well maintained at all times. No paints containing lead shall be used.
(5)
Maintain interior stairs structurally sound and free
from defects, provided handrailings or banisters for all stairs, balconies,
fire escapes and stairwells keeping then securely attached, maintained
free from defects and of sufficient height to guard against accidents
and be appropriate for use by persons of normal heights, provide adequate
lighting for all stairs with control switches operable from each story
except in those cases where artificial lighting for hall ways and
common areaways is supplied in accordance with state law from a master
control switch.
(6)
Maintain all connections of plumbing fixtures to the
sanitary sewer through lines which are free of leaks, corrosion or
deterioration and provide unobstructed passage from the plumbing facilities
within the dwelling to the sanitary sewer.
A.
In every building containing four or more dwelling
units, the owner shall provide or designate a superintendent, janitor,
caretaker or housekeeper who shall at all times maintain the premises
in compliance with this article, the Building Code and Health and
Sanitary Ordinances of the Borough and shall keep the premises free
from filth, garbage, refuse and rubbish, and who shall cause garbage
and refuse to be placed out for collection. Said person shall be regularly
as prescribed by the Sanitary Code available on the premises to perform
the foregoing duties.
B.
In the event said superintendent, janitor, caretaker
or housekeeper shall not reside in said premises, the owner shall
make such person's name, address, telephone number and work schedule
known to all tenants, and shall register the same with the Borough
Clerk, and shall also make available and known to all tenants and
the Borough Clerk the name of an alternative individual who shall
be responsible during the absence of said superintendent, janitor,
caretaker or housekeeper.
C.
In any premises containing 12 or more dwelling units,
rooming units or combination thereof, said superintendent, janitor,
caretaker or housekeeper shall reside on the premises. Where more
than one building on adjoining premises or premises in near proximity
to each other are in common ownership or under common management or
maintenance supervision, the requirements contained herein shall apply
separately to each building unless the owner or manager thereof can
demonstrate to the satisfaction of the Public Officer that proper
operation of the premises and provision of all essential services
and facilities as required by the Borough can be provided by a resident
superintendent, janitor, caretaker or housekeeper of one building
who shall assume responsibility for the other building or buildings
adjoining or in near proximity to his place of residence. The governing
body of the Borough of Dumont shall have the authority to suspend
the enforcement of this section for a period not exceeding one year
from the effective date of this article upon written application from
the owner or operator of an existing building for good cause shown.
D.
Said superintendent, janitor, caretaker or housekeeper
shall have sufficient knowledge, competence and responsibility and
shall have authority from the owner or operator to attend or to arrange
for continual operation of all essential services and facilities required
under this article. Where violations arise under this article and
by reason of same, the Public Officer finds that such person is not
capable or competent to regularly perform the duties required by this
article, said Public Officer shall order the owner or operator to
provide that a suitable person be placed in charge and be responsible
for said premises.
E.
The failure of any superintendent, janitor, caretaker
or housekeeper to comply with the provisions of this article, even
in disobedience of instructions, shall not relieve the owner or operator
from the duties and responsibilities imposed by this article.
F.
The owners and management of every building having
four or more dwelling units shall file with the Borough Clerk in the
month of January in each year a statement containing the name and
address of the owner, the name and address of the lessor if other
than the owner, the name and address of the agent, if any, in charge
of the premises and the name and address of the person authorized
to receive notice or process under this code.
A.
Every dwelling unit having its own cooking facilities
shall contain a minimum floor area of 150 square feet for the initial
occupant and 100 square feet for each additional occupant, except
for the purpose of this section, children under one year of age shall
not be counted as occupants.
B.
Occupancy of dwelling units having only one habitable
room shall be limited to two persons. Children under one year of age
shall not be counted as occupants.
C.
Occupants shall not, after notice as required hereunder,
occupy or continue to occupy premises which are substandard by reason
of the failure of the dwelling unit occupied by them or of the building
or premises to conform to and comply with the requirements hereunder.
D.
The owner or operator shall, prior to leasing any
dwelling unit, ascertain the number of persons that shall occupy each
dwelling unit. If the number of persons exceeds the requirements of
this code, the owner or operator shall not permit such persons to
occupy the dwelling unit.
E.
If at any time it is ascertained that the number of
occupants in a dwelling unit exceeds the requirements of this code
causing a violation thereof, the owner or operator shall, upon receipt
of a notice of violation, take all steps necessary to eliminate said
violation. If the owner or operator is unable to eliminate the violation
by peaceable means within the period of time specified in said notice,
he shall commence within such period, legal action to dispossess,
evict or eject the occupants who cause the violation. No further action
hereunder shall then be taken against the owner or operator so long
as such legal action is pending in court and is prosecuted expeditiously
and in good faith.
A.
Requirements.
(1)
When required. No owner or operator of a multiple-family
dwelling shall permit the occupancy of a dwelling unit by a tenant
not previously occupying said dwelling unit without first obtaining
an inspection certificate from the Public Officer. All inspections
required hereunder shall be made within five days after receipt of
a written request from the owner or operator.
B.
Issuance of certificate. An inspection certificate
shall be issued by the Public Officer only after examination of the
dwelling unit and favorable findings as to matters which are embraced
in this code and other applicable laws of the Borough and State of
New Jersey.
C.
Application and fees. Application for an inspection
certificate shall be submitted in writing by the owner to the Public
Officer not later than 10 days prior to a new tenancy; provided, however,
that the said written application procedure may be dispensed with
if the owner or operator gives oral notice of a vacancy to the Public
Officer at least 10 days prior to a new tenancy. The Public Officer
shall have the authority to waive the ten-day period for such oral
notice; provided, however, that the inspection is accomplished prior
to a new tenancy. There shall be no fee for the first inspection made
by the Public Officer. In the event reinspection is required by reason
of a failure to comply with the terms of this code or any other law,
the applicant shall submit a fee of $10 prior to each such reinspection.
This cost shall not be passed on to the prospective tenant.
[Amended 3-14-1978 by Ord. No. 862]
D.
Occupancy pending repairs.
(1)
If, in the opinion of the Public Officer, only minor
violations are found to exist after inspection, a new occupant may
be permitted to conditionally occupy the dwelling unit. Where a dwelling
unit is occupied prior to the issuance of an inspection certificate,
the owner or operator shall make all required repairs within 15 days
after mailing of written notification from the Public Officer. Such
occupancy, however, shall at all times, be subject to the issuance
of an inspection certificate. Where occupancy has been permitted under
this provision, the owner or operator shall obtain a signed statement
from the occupant acknowledging that such occupancy is subject to
an inspection certificate and granting permission to the Public Officer
to enter into the premises at a later date for the purpose of reinspection.
(2)
Minor violations shall be construed to mean violations
not exceeding a total cost of $200 and which do not present an immediate
danger to the health, safety or welfare of the occupant.
E.
Identification and conduct of inspectors. The Public
Officer or his agent acting as an Inspector, shall be supplied with
official identification and shall exhibit such identification when
entering any dwelling unit, building or part thereof, subject to this
code. Such persons making inspections shall conduct themselves as
to avoid intentional embarrassment or inconvenience to the occupant.
The purpose of the visit shall be explained to the occupant.
All parts of the premises under the control
of an occupant shall be kept in a clean, sanitary and safe condition
by the occupant and the occupant shall refrain from performing any
act which would render any part of the entire building and premises
unclean, unsanitary, unsafe or which would prevent the owner or operator
from performing any duty required hereunder.
A.
Public Officer. The Borough Council shall designate
the Public Officer who shall serve for a term of one year, to exercise
the powers prescribed by this code. The Public Officer may appoint or designate such other public officials
or employees of the Borough who have such background and training
necessary to perform such of his functions and powers under this code
as he deems necessary for its enforcement. The Public Officer may
be the Building Inspector. The first Public Officer shall serve for
a term ending December 31, 1976. All subsequent Public Officers shall
be appointed for a one-year term commencing on January 1 and ending
on December 31.
B.
Inspections. All nonresidential and public areas of
multiple-family dwellings and premises within the Borough covered
by this code shall be subject to inspection from time to time by the
Public Officer to determine the condition thereof in order that he
may perform his duty of safeguarding the health and safety of the
persons occupying the same and of the general public. For the purpose
of making such inspections, the Public Officer is hereby authorized
to enter, with the express consent of the occupant, examine and survey
at all reasonable times all such premises; provided, however, that
such entries are made in such manner as to cause the least possible
inconvenience to the persons in possession.
C.
Search warrant. If the Public Officer is denied the
right of inspection he may, upon affidavit establishing good cause,
apply to the Municipal Court or such other court of competent jurisdiction
for a search warrant to permit entry into the premises in question.
D.
Notice and hearing where violation discovered.
(1)
Where a violation of this code is found to exist or
upon petition of at least five Borough residents and investigation
by the Public Officer, a written notice from the Public Officer shall
be served on the person or persons responsible for the correction
thereof.
(2)
The notice shall specify the violation or violations
committed, what must be done to correct or abate same, a reasonable
period of time not to exceed 30 days to make such corrections, the
right of the person served to request a hearing, and that the notice
shall become an order of the Public Officer 10 days after service
unless a hearing is requested pursuant to this article. The thirty-day
time limit set forth herein shall not be effective where specific
time limits are set forth in other sections of this code.
(3)
Notice may be served personally on an owner, operator or occupant or agent for the owner or operator as set forth in § 306-10F of this code. Service may also be made by certified mail, return receipt requested, to the last known address of the person or by posting the notice in a conspicuous place upon the premises where the owner or lessor has failed to register, pursuant to § 306-10F. Where the notice is directed to an occupant, service may also be made by posting same on the door or entrance to the area he occupies.
(4)
Ten days from the date of service of a notice, the
notice shall constitute a final order unless any person affected by
the notice requests a hearing thereon and served a written requested
within the ten-day period in person or by mail on the Public Officer.
Such request for a hearing shall set forth briefly the grounds or
reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The Public Officer, upon receipt of the request, shall
within 30 days therefrom and upon five days notice to the party aggrieved
set the matter down for hearing.
E.
Hearing Board.
(1)
At any hearing required hereunder, a Hearing Board
shall conduct/decide issues presented to it.
(a)
Said Hearing Board shall consist of the following
members of which three members shall constitute a quorum:
[1]
Building Inspector or his delegate.
[2]
Fire Marshal or his delegate.
[3]
Health Officer of the Board of Health or his
delegate.
[4]
Two citizens of the Borough who shall be appointed
by the Mayor with the consent of the Council for a term of three years
each, except that the terms of the first two members shall initially
expire on December 31, 1977 and December 31, 1978.
(b)
If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
(2)
If the Building Inspector is the Public Officer, he
or his delegate shall be disqualified from acting as a member of the
Hearing Board and a third citizen shall be appointed in his place
and stead for a term of one year by the Mayor with the consent of
the Council.
(3)
The Hearing Board shall be vested with all the powers
provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena, to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by it and to enforce
any such subpoena or secure any other for the enforcement of any such
subpoena as provided by law. A determination shall be made within
10 days from the completion of the hearing. The Hearing Board shall
issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing the notice.
(4)
The Public Officer or the Hearing Board, where necessary,
may extend the time for correction or abatement of the violations
for an additional period of time not to exceed 30 days, except where
major capital improvements or renovations are involved, in which instance
the time for completion may be extended for a period not to exceed
90 days beyond the expiration date of the original notice.
(5)
Where the violation or condition existing on the premises
are of such a nature as to constitute an immediate threat to life
and limb unless abated without delay, the Public Officer may either
abate the violation or condition immediately or order the owner, operator
or occupant to abate the violation or condition within a period of
time not to exceed three days, and upon failure to do so, the Public
Officer shall abate the condition immediately thereafter.
(6)
Where abatement of any nuisance, as nuisance is defined
herein, correction of a defect in the premises or the maintenance
of the premises in a proper condition so as to comply with the requirements
of any municipal ordinances or state law applicable thereto requires
expending Borough monies therefor, the Public Officer shall present
a report of the work proposed to be done to accomplish the foregoing
to the Mayor and Council with an estimate of the cost thereof along
with a summary of the proceedings undertaken by the Public Officer
to secure compliance, including notices served upon the owners, operators,
lessors or agents, as the case may be, hearings and order of the Hearing
Board with reference thereto. The Mayor and Council may thereupon
by resolution authorize the abatement of the nuisance, correction
of the defect or work necessary to place the premises in proper condition
and in compliance with ordinances of the Borough and laws of the state.
The Public Officer may thereafter proceed to have the work performed
in accordance with the said resolution at Borough expense not to exceed
the amount specified in the resolution, and shall upon completion
thereof submit a report of the monies expended and costs to the Mayor
and Council. After review of the same, the Mayor and Council may approve
the said expenses and costs and they shall become a lien against the
said premises and shall be added to and become and form a part of
the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and shall be collected
and enforced in the same manner as are taxes. A copy of the resolution
approving the said expenses and costs shall be certified by the Mayor
and Council and filed with the Tax Collector, and a copy of this report
and resolution shall be sent by certified mail to the owner.
A.
Public Officer may act as custodian. In addition to
other remedies provided herein where the Public Officer has issued
an order requiring the abatement of the nuisance, correction of a
defective condition or the maintenance of the premises in a proper
condition so as to conform to the ordinances of the Borough and laws
of the state applicable thereto, and the owner, operator, lessor or
agent charged with the premises has failed to comply therewith, the
Public Officer may for the purposes of correcting any of the foregoing
conditions, act as custodian of any building or structure and may
as custodian, enter into and take care of the premises and supervise
the abatement of any nuisance, correction of defect or placing of
the premises in compliance with municipal ordinances and state laws.
For the performance of the duties of custodian, the Borough shall
receive for the services from the owner, operator and lessor of the
premises, compensation approved by the Mayor and Council not exceeding
$5 a day per dwelling unit or $30 a week per dwelling unit in the
premises, whichever is less, as costs and expense, the same to be
certified and collected as provided in § 305-14E(6) hereof.
B.
Appointment of receiver. Where the owner, operator
or lessor of the building who is required to register hereunder violates
this code or any other municipal ordinance pertaining to said structure
or fails to abate any violation of this code, or violates an order
of the Public Officer with respect thereto, the Borough Attorney,
upon resolution duly approved by the Mayor and Council, shall commence
an action in the Superior Court seeking appointment of the Public
Officer as Receiver ex officio of the rents and income from said property.
Said rents and income shall be collected by said Receiver and shall
be expended and allocated to:
(1)
Secure compliance with the ordinances of the Borough
and laws of the State as set forth in the order of the Public Officer;
and
(2)
Be utilized to defray such costs and expenses of the
receivership as may be adjudged by the Superior Court; and
(3)
Be applied towards payment to the Borough of any fines
or penalties with costs which may have been imposed on the owner,
operator or lessor for violation of the ordinances of the Borough
and which have remained unpaid.
A.
Who may apply. Where any owner, operator or occupant
is required to make repairs or otherwise improve his property and
is unable to comply with this code without having right of access
to the building or premises through or cross adjoining premises not
owned by him or under control, and where right of access has been
refused the owner, operator or occupant, or where the owner or person
responsible for granting permission cannot be found or located, then
upon filing an affidavit setting forth the facts with the Public Officer,
the Public Officer shall serve a five-day written notice of hearing
in accordance with the provisions for service contained in this code
upon the owner, operator or occupant of any adjoining premises affected
by the application.
B.
Hearing. On the day fixed for hearing, the Public
Officer shall provide opportunity for the owner, operator or occupant
of the adjoining property or properties to state why access shall
not be granted across such adjoining properties.
C.
Issuance: conditions. If the Public Officer determines
that access is necessary to accomplish or complete repairs or improvements
necessary for compliance with this code, then the Public Officer shall
issue a certificate of necessity setting forth therein the person
or persons to whom the certificate shall apply, such conditions as
shall be necessary to protect the adjoining property, reasonable time
limits during which such certificate shall operate, precautions to
be taken to avoid damage and where the Public Officer deems proper,
that a bond be procured at the expense, if any, of the person seeking
access to secure the adjoining property against damage to persons
or property arising out of such rights of access. The bond shall take
into consideration the extent, nature and duration of the repairs,
the proximity of the improvement on the premises affected and the
potential risk of damage thereto. The bond shall be filed with the
Public Officer.
D.
Procedure where access refused. Any refusal to comply
with this article or any interference with the access to premises
pursuant to a certificate issued hereunder, shall be a violation of
this code and, in addition to the penalties provided hereunder the
Public Officer may upon affidavit, apply to the Municipal Court Judge
for a warrant under the procedure set forth in the applicable section
of this code authorizing access to the premises under appropriate
conditions and circumstances as provided above.
Any person who shall violate any of the provisions
of this code shall, upon conviction, be punished 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; and each
violation of any of the provisions of this code and each day the same
is violated shall be deemed and taken to be a separate and distinct
offense.
