Borough of Dumont, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Dumont 10-15-1963 (Appendix A, Article 9, of the 1970 Revised Ordinances). Amendments noted where applicable.]
Fire prevention in multiple-family dwellings — See Ch. 216, Art. III.
Multiple-dwelling property maintenance standards — See Ch. 306, Art. I.

§ 514-1 Title.

This chapter may be cited as the "Multiple-Family Housing Code of the Borough of Dumont."

§ 514-2 Definitions.

As used in this chapter:
The department, branch or agency of this municipality which is authorized by this chapter to administer the provisions of this code.
The Board of Health of the Borough of Dumont.
Any building or structure, or part thereof, used for human habitation, use, or occupancy and includes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith.
This chapter.
A building or structure or part thereof containing one or more dwelling units or lodging units.
Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used, or designed to be used for living, sleeping, cooking, and eating.
The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
The presence, within or around a building, of any insects, rodents, or other pests.
Any building, or that part of any building containing three or more lodging units, each of which is rented by one or more persons not related to the owner.
A rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
Any person or persons in actual possession of, and living in the building or dwelling unit, including the owner.
Any person properly authorized to exercise powers of, or for an owner of property for purposes of its purchase, sale, use, occupancy, or maintenance.
Be given the same meaning as defined in N.J.S.A. 1:1-2.
Include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
The health officer, sanitary inspector or other agent or representative so designated who are authorized to exercise powers prescribed by this code.
Include all combustible and noncombustible waste material, except garbage.
Include electric, gas, heating, water and sewerage services, and equipment therefor.

§ 514-3 Applicability.

This chapter shall apply to residential premises or buildings containing three or more dwelling units or lodging units including lots, plots, or parcels of land on which residential buildings or accessory structures are located.
No person shall occupy or rent to another for occupancy any dwelling unit subject to this chapter which does not conform to the provisions of this chapter established hereby as the standard to be used in determining whether a dwelling is safe, sanitary, and fit for human habitation.
The provisions of this chapter shall constitute the standards to guide the public officer or his agents in determining the fitness of a building for human habitation, use, or occupancy.

§ 514-4 Administration by Board; liability of personnel.

The Board of Health is hereby designated as the agency to administer and secure compliance with the provisions of this chapter. Such agency shall assign the duties and powers of public officer under the provisions of this chapter to the public officer who shall have as his representatives such assistants and inspectors as may be necessary to carry out effectively the duties of his office. All personnel of the agency shall be free from personal liability for acts done in good faith in the performance of their official duties.

§ 514-5 Inspection; right of entry; duty to give access for such purpose.

The public officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, lodging units and premises located within the Borough in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
For the purpose of making the inspections referred to in Subsection A of this section, the public officer is hereby authorized to enter, examine and survey, at all reasonable times, all dwelling units, lodging units and premises.
The owner or occupant of every dwelling, dwelling unit and lodging unit, or the person in charge thereof, shall give the public officer free access to such dwelling, dwelling unit or lodging unit and its premises at all reasonable times for the purpose of such inspection, examination and survey.

§ 514-6 Owner's right of access for purpose of effecting compliance; duty of occupant to give access.

Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

§ 514-7 Service of notice of violation; contents and effect thereof.

Whenever the public officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as provided in Subsections B and C of this section. Any notice served pursuant to this section shall automatically be deemed and become an order unless a written petition for a hearing is filed in the office of the Building Department within 10 days after such service of notice, as provided in § 514-8A.
[Amended 6-16-2009 by Ord. No. 1385]
Notice of violation.
Notice of violations given pursuant to Subsection A hereof shall:
Be in writing;
Contain a statement of the alleged violation or violations;
Specify a reasonable time at which the violation or violations shall be abated, corrected or eliminated.
At the option of the public officer, the notice of violation or violations may contain an outline of remedial action which if taken will abate, correct or eliminate the violation or violations alleged in the notice.
A copy of the notice of violation given pursuant to Subsections A and B hereof shall be served upon the owner or his agent or the occupant, as the case may require, personally or by registered or certified mail addressed to him at his last known address, or by posting said copy in a conspicuous place in or about the dwelling affected by such notice, or by any other method authorized or required by the laws of this state.

§ 514-8 Hearing on notice of violation; procedure and effect thereof; action by Board; appeal.

Any person given notice pursuant to § 514-7 of a violation of this chapter or any rule or regulation adopted pursuant thereto shall be entitled to a hearing upon the matter before the Board of Health if a written petition, briefly setting forth the grounds for a hearing, is filed in the office of the Board of Health within 10 days of the service of the notice. Upon receipt of the petition, the Board of Health shall fix a time and place for the hearing, but not later than 15 days after the filing of the petition, and shall give the petitioner written notice thereof.
The hearing shall be commenced before the Board of Health within 15 days after the filing of the petition unless, on application of the petitioner and a showing of good cause, the Board of Health grants a postponement thereof to a fixed date which he deems reasonable under the circumstances.
At the hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
The Board of Health after the hearing shall sustain, modify or withdraw the notice in accordance with its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Board of Health sustains or modifies such notice, it shall be deemed to be and have the effect of an order.
The proceedings at such hearing, including the findings and decision of the Board of Health, shall be summarized and reduced to writing and entered as a matter of public record in the office of the Board of Health. Such record shall also include a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction as provided by the laws and court rules of this state.

§ 514-9 Emergency order for corrective action.

Whenever the public officer finds that an emergency exists which requires immediate action to protect the public health, safety or welfare, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary. Notwithstanding any other provision of this chapter to the contrary, such order shall be effective immediately upon service.

§ 514-10 Compliance with emergency order; request for hearing.

The person to whom the order referred to in § 514-9 is directed shall comply therewith immediately, but upon petition in writing to the Board of Health shall be afforded a hearing as soon as possible for the purpose of reviewing such order. At the conclusion of such hearing, the Board of Health, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, shall continue the order in effect; or modify it, including, but not by way of limitation, the time for compliance therewith; or rescind it. A record of the proceedings of such hearing shall be taken and entered as provided in § 514-8E.

§ 514-11 Adoption of rules and regulations; effect thereof; filing certified copies.

The Board of Health is hereby authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter, nor in anywise alter, amend or supersede any of the provisions of this chapter.
Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violations of the provisions of this chapter as hereinafter provided in this chapter.
The Board of Health shall file a certified copy of such rules and regulations in its office and a certified copy in the office of the Building Department.
[Amended 6-16-2009 by Ord. No. 1385]

§ 514-12 Water supply.

Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards as set forth in "Potable Water Standards" as published by the New Jersey State Department of Health and Senior Services.
[Amended 6-16-2009 by Ord. No. 1385]
The source of such water supply shall be approved by the New Jersey State Department of Health and Senior Services and/or the Board of Health.
[Amended 6-16-2009 by Ord. No. 1385]
The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than one gallon per minute and not less than 40 pounds to 60 pounds of pressure.

§ 514-13 Facilities.

Every dwelling unit shall contain a kitchen sink of nonabsorbent impervious material, at least one flush-type water closet, a lavatory, and a bathtub or shower, available only for the use of the occupants of that dwelling unit.
Every lodging house shall be provided with a minimum of one flush-type water closet, lavatory, and a bathtub or shower for every eight persons or part thereof.
Every water closet, lavatory, and bathtub or shower for each dwelling unit or lodging house shall be accessible from within the building without passing through any part of any other dwelling unit or lodging unit and in a lodging house shall be located no farther than one floor above or below the lodging units served. Such water closet, lavatory and bathtub or shower shall be contained in a room or rooms which are separated from all other rooms by walls, doors, or partitions that afford privacy.
Every plumbing fixture shall be connected to water and sewer systems approved by the Board of Health, and shall be maintained in good working condition.
Every kitchen sink, lavatory, and bathtub or shower required by this code shall be connected to both hot and cold water lines.
Every dwelling or dwelling unit shall have or shall be serviced by water heating facilities which are installed and maintained in good and safe working condition, connected with the hot water lines required under the provisions of Subsection E of this section and capable of delivering water at a minimum temperature of not less than 120° F. and under proper pressure.

§ 514-14 Heating equipment.

Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments as provided in § 514-16L. The temperature shall be read at a height of three feet above floor level at the center of the room.
Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors. Unvented portable space heaters, burning solid, liquid, or gaseous fuels, shall be prohibited.

§ 514-15 Maintenance.

Every foundation, floor, wall, ceiling, door, window, roof, or other part of a building shall be kept in good repair and capable of the use intended by its design, and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well painted.
Every inside and outside stairway, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. Every stairway having three or more steps shall be properly banistered and safely balustraded.
Every porch, balcony, roof, and/or similar place higher than 30 inches above the ground, used for egress or for use by occupants shall be provided with adequate railings or parapets. Such protective railings or parapets shall be properly balustraded and be not less than three feet in height.
Every roof, wall, window, exterior door, and hatchway shall be free from holes or leaks that would permit the entrance of water within a dwelling or be a cause of dampness.
Every foundation, floor, and wall of a dwelling shall be free from chronic dampness.
Every dwelling shall be free from rodents, vermin and insects. Rodent, insect or vermin extermination and rodent proofing and vermin proofing may be required by the Board of Health. Rodent, insect and vermin extermination shall be carried out in accordance with § 514-16I. Every openable window, exterior door, skylight, and other opening to the outdoors shall be supplied with properly fitting screens in good repair from May 1 until October 1 of each year. Such screens shall have a mesh of not less than No. 16.
Every building, dwelling, dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and hazards to safety. Lawns, hedges and bushes shall be kept trimmed and shall not be permitted to become overgrown or create a health hazard.
The public officer may order the owner to clean, repair, paint, whitewash, or paper such walls or ceilings, when a wall or ceiling within a dwelling has deteriorated so as to provide a harborage for rodents or vermin, or when such a wall or ceiling has become stained or soiled, or the plaster, wallboard, or other covering has become loose or badly cracked or missing. Nothing in this paragraph shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in § 514-16F.
Every water closet compartment floor and bathroom floor shall be so constructed and maintained as to be reasonably impervious to water so as to permit such floor to be kept in a clean condition.
All radiators and other heating fixtures or devices are to function properly at all times. All valves and shutoffs are to be in good condition and in state of good repair at all times. Improperly functioning equipment shall be replaced immediately.
Sink tops shall be of a tight impervious material free from cracks, breaks, rot, lifting, leaks, vermin and pests. They shall be in good repair and free from any insanitary condition which may be dangerous to the health of any individual making use thereof, or become a potential source of illness to any individual or person exposed to the use of such sink top.
All kitchen sink fixtures shall be in good condition and repair, free from cracks, leaks, vermin or other infestations.
All sink faucets shall be in good condition and repair; leaky and otherwise faulty faucets shall be replaced or repaired immediately.
In all apartments, where a home laundry washer type of machine is used, it shall be equipped with a back flow preventer so as to assure elimination of any possible cross-connection.
In all apartments, where refrigerators are supplied, they shall at all times be in good condition and state of good repair, free from any insanitary condition or odors. Noisy and faulty refrigerators shall be removed when so ordered from any apartment and replaced by ones in good working order.
All cooking ranges, either electric or gas, shall be in good condition and repair, free from odors, grease, vermin and pests.
All kitchen closets and drawers shall be clean and sanitary, free from vermin and pests.
The owner shall paint every apartment or room every two years and at such time when there is a change of tenant whether it be two years or less.
All walls and ceilings shall be at all times clean, in good condition and repair. Breaks and cracks shall be repaired immediately.
All roofs shall be free from leaks and if found to be leaking, repaired immediately.
Windows are to be completely caulked, free from drafts and leaks, cracked and broken panes, and in good working order.
Floors are to be of a tight construction and free from vermin and pests.
All bathroom fixtures are to be free from cracks, leaks, defects, vermin and pests. All bathroom fixture faucets, shall be in good condition and in state of good repair, free from corrosion and leaks.
All bathtubs shall be tightly caulked so as to prevent water from leaking into the cellar or apartment below.
All toilet seats shall be made of an impervious material, free from cracks and defects.
All apartment entrances shall be fitted with doors, which when closed are free from drafts and leaks.
All cleanouts for building sewer drains shall be visibly marked with the letters "CO" on the wall over the cleanout area. The cleanout shall be raised to a height of six inches over the finished floor.
No toilets or water closets shall be permitted in any cellar or basement areas.
All automatic dryers shall be vented to the outside of the building.
Walls in all cellar and basement areas shall be whitewashed.
All cellar wells shall be frequently drained to prevent accumulation of any drain or surface water.
Wash basins and slop sinks shall be installed in accord with the requirements of the local plumbing code and shall have, in addition to hot and cold water faucets, individual shutoff valves for hot and cold water.
All leaks and defects in any plumbing fixture shall be repaired immediately or the fixture replaced.
All basement or cellar floors shall be swept daily and kept free from any accumulation of debris, rubbish or any other form of refuse or garbage.
Basement, cellar floors and crawl spaces shall be kept free of stagnant water or any other contaminating materials or odors.
Boiler or furnace rooms shall be properly vented and free from accumulation of water or gases.

§ 514-16 Responsibilities of owners and occupants.

No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this code to be removed from, shut off, or discontinued in any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is authorized by the public officer. In the event that any service or utility, which the owner has agreed to supply, is discontinued the owner shall take immediate steps to cause the restoration of such service or utility.
The owner of a dwelling located in an area found by the public officer to be infested by rats, insects, or other vermin shall carry out such rat stoppage, vermin proofing, or other means of preventing infestations of said dwellings as may be required by the Board of Health or its authorized representative.
No owner shall occupy or let to an occupant any vacant dwelling unit or lodging unit unless it is clean and sanitary.
Every owner of a dwelling shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwellings and premises thereof.
It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in Subsections G and H of this section of this code, or not otherwise prohibited by Borough ordinances shall be done in an orderly manner so as to not constitute a health, safety, or fire hazard.
Every occupant of a dwelling shall keep in a clean and sanitary condition that part of the dwelling which he occupies and controls.
Every occupant of a dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, by placing it in the garbage disposal facilities or garbage storage receptacles required by Borough ordinances.
Every occupant of a dwelling unit shall dispose of all his rubbish in a clean sanitary manner by placing it in the rubbish containers required by Borough ordinances.
Whenever infestation by insects, vermin or rodents exists in any dwelling, extermination thereof shall be the responsibility of the owner.
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
In dwellings having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
Every owner of a dwelling, who permits to be occupied any dwelling unit or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply heat from October 1 of each year to the next succeeding May 1 and every unit of dwelling space and every habitable room therein shall be maintained at least 68° F. whenever the outside temperature falls below 55° during daytime hours from 6:00 a.m. to 11:00 p.m. At times other than those specified, interiors of units of dwelling space shall be maintained at least at 65° F. whenever the outside temperature falls below 40°.
[Amended 6-16-2009 by Ord. No. 1385]
In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building. The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and the said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever three or more dwelling units or lodging units are heated by a common facility.
It shall be the duty of every person who shall have contracted or undertaken, or shall be bound to supply hot water for any building or part thereof occupied as a home or place of residence to supply such hot water to such building or part thereof of a minimum temperature of not less than 120° F., 24 hours a day each and every day.
No person having the right and legal power to prevent the same shall knowingly cause or permit any person to sleep or remain in any basement or cellar.
The owner of any building covered in this chapter shall have all heating and hot water furnace or boiler facilities inspected by a licensed professional engineer during the month of July every year. The findings of these inspections are to be certified by the engineer and a copy of these findings with recommendations are to be filed with the Board of Health within 15 days of such inspection. Whenever corrections or repairs are recommended, the public officer shall serve the owner of said heating or hot water facility notice to abate such condition within a specified time. Failure to make such corrections or repairs within the specified period shall be considered a violation of this chapter.
The owner shall be responsible for compliance with all provisions of this code not specified as the responsibility of occupants.

§ 514-17 Construal of provisions.

Nothing in this code shall be construed to abrogate or impair the powers of any department of the Borough or any agency of the State of New Jersey to enforce any provisions of its charter or its ordinances, codes, regulations or statutes or to prevent or punish violations thereof.

§ 514-18 Violations and penalties.

[Amended 1-5-1965]
Any person who violates any provision of this chapter, or who violates any order promulgated under this chapter, or who violates any rule or regulation duly adopted pursuant to this chapter, shall, upon conviction thereof, be liable to a penalty of not less than $250 nor more than $2,000 for each violation.
[Amended 6-16-2009 by Ord. No. 1385]
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.