[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.]
This chapter may be cited as the "Multiple-Family
Housing Code of the Borough of Dumont."
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.
A.
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.
B.
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.
C.
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.
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.
A.
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.
B.
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.
C.
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.
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.
A.
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]
B.
C.
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.
A.
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.
B.
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.
C.
At the hearing, the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
D.
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.
E.
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.
F.
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.
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.
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.
A.
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.
B.
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.
C.
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]
A.
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]
B.
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]
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Every kitchen sink, lavatory, and bathtub or shower
required by this code shall be connected to both hot and cold water
lines.
F.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Every foundation, floor, and wall of a dwelling shall
be free from chronic dampness.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
(1)
All kitchen sink fixtures shall be in good condition
and repair, free from cracks, leaks, vermin or other infestations.
L.
All sink faucets shall be in good condition and repair;
leaky and otherwise faulty faucets shall be replaced or repaired immediately.
M.
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.
N.
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.
O.
All cooking ranges, either electric or gas, shall
be in good condition and repair, free from odors, grease, vermin and
pests.
P.
All kitchen closets and drawers shall be clean and
sanitary, free from vermin and pests.
Q.
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.
R.
All walls and ceilings shall be at all times clean,
in good condition and repair. Breaks and cracks shall be repaired
immediately.
S.
All roofs shall be free from leaks and if found to
be leaking, repaired immediately.
T.
Windows are to be completely caulked, free from drafts
and leaks, cracked and broken panes, and in good working order.
U.
Floors are to be of a tight construction and free
from vermin and pests.
V.
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.
W.
All bathtubs shall be tightly caulked so as to prevent
water from leaking into the cellar or apartment below.
X.
All toilet seats shall be made of an impervious material,
free from cracks and defects.
Y.
All apartment entrances shall be fitted with doors,
which when closed are free from drafts and leaks.
Z.
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.
AA.
No toilets or water closets shall be permitted in
any cellar or basement areas.
BB.
All automatic dryers shall be vented to the outside
of the building.
CC.
Walls in all cellar and basement areas shall be whitewashed.
DD.
All cellar wells shall be frequently drained to prevent
accumulation of any drain or surface water.
EE.
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.
FF.
All leaks and defects in any plumbing fixture shall
be repaired immediately or the fixture replaced.
GG.
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.
HH.
Basement, cellar floors and crawl spaces shall be
kept free of stagnant water or any other contaminating materials or
odors.
II.
Boiler or furnace rooms shall be properly vented and
free from accumulation of water or gases.
A.
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.
B.
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.
C.
No owner shall occupy or let to an occupant any vacant
dwelling unit or lodging unit unless it is clean and sanitary.
D.
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.
E.
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.
F.
Every occupant of a dwelling shall keep in a clean
and sanitary condition that part of the dwelling which he occupies
and controls.
G.
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.
H.
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.
I.
Whenever infestation by insects, vermin or rodents
exists in any dwelling, extermination thereof shall be the responsibility
of the owner.
J.
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.
K.
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.
(1)
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]
(2)
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
The owner shall be responsible for compliance with
all provisions of this code not specified as the responsibility of
occupants.
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.
[Amended 1-5-1965]
A.
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]
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
