Terms defined.
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
AREA INSPECTION
A systematic inspection of more than one premises in close
geographic proximity within an area designated in the City for concentrated
area code enforcement in order to implement urban renewal, property
conservation or other programs for neighborhood maintenance or improvement
adopted by the City.
BASEMENT
The portion of a building that is partly underground and
which has more than 1/2 of its height, measured from clear floor to
ceiling, above the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
BATHROOM
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
BOARDINGHOUSE (Class A)
Any dwelling, whether furnished or unfurnished, with one
or more independent rooming units in which there are sleeping accommodations
occupied by or available for occupancy by four or more persons and
where meals are regularly served by the owner or operator of such
dwelling, and where there is no agreement between operator and occupant
to assist in bathing or dressing or to provide other type of supervision;
and by reason of the same, the accommodations are not suited for occupancy
by disabled persons or persons requiring special care; except that
hotels, as defined by N.J.S.A. 55:13A-3, containing 10 or more rooms
or accommodating 25 or more persons, shall be excluded therefrom.
[Amended 2-23-2015 by Ord. No. 7-2015]
BOARDINGHOUSE (Class B)
Any dwelling, whether furnished or unfurnished, with one
or more independent rooming units in which there are sleeping accommodations
occupied by or available for occupancy by one or more adult persons
and where meals are regularly served by the owner or operator to the
occupants, and where, by reason of the needs of the occupants, there
is provided assistance in bathing or dressing or other type of supervision
to assure safety at all times to all of the occupants; and thereby
occupancy is suited to persons requiring special care but not for
disabled persons. Where not more than two disabled persons or persons
requiring special care live with persons to whom they are related
by blood or marriage as part of a common household, the dwelling unit
in which they reside shall not be a "boardinghouse (Class B)" pursuant
to this definition.
BUILDING
Any building or structure or part thereof, whether used for
human habitation or otherwise, including outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
CELLAR
Lowermost portion of the building partly or totally underground,
having half or more of its height, measured from clear floor to ceiling,
below the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching.
CENTRAL HEATING SYSTEM
A heating system in a fire-resistant enclosed space or spaces, separate and apart from the area to be heated, which system is permanently affixed on a fireproof base and connected by breaching to a stack in accordance with Chapter
125, Construction Codes, Uniform. Direct electric or gas heating systems without the use of a boiler, serving all dwelling units in a structure, are exempt from the above requirements.
CHILD-CARE CENTER
Any private child-care center, day nursery, nursery school,
boarding school or other establishment of similar character for the
care of children in which any tuition fee, board or other form of
compensation for the care of children is charged and in which more
than five children over the age of two years and under the age of
five years are cared for. It shall not include the State Board of
Children's Guardians of the Department of Institutions and Agencies,
or any aid society of a properly organized and accredited church or
fraternal society organized for aid and relief of its members, or
any children's home, orphan asylum, children's aid society or society
for the prevention of cruelty to children, incorporated under the
laws of this state and subject to visitation or supervision by the
State Department of Institutions and Agencies, except in the conduct
of a philanthropic day nursery, or any other public agency operated
by a county, city, municipality or school district. (Standards for
Approval of Child Care Centers, New Jersey Department of Education,
1965.)
[Added 5-22-1972 by Ord. No. 2-1972; amended 4-23-1973 by Ord. No. 17-1973]
COMMUNITY KITCHEN
A kitchen facility shared by occupants of one or more rooming
units or dwelling units.
DETERIORATION
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
DISABLED PERSON
Any person who, by reason of his physical or mental condition,
is not sufficiently ambulatory or otherwise by reason of physical
or mental incapability able to reach or use the two means of egress
most accessible to his living quarters without assistance and with
reasonable facility, or who is unable to attend to his daily personal
and bodily needs.
DRUG CENTER
Any building or structure of any kind or description which
is used for habitation or otherwise, wherein the acts of prevention
of drug addiction, attempted cure of drug addiction or treatment of
the same is carried on.
[Added 7-17-1972 by Ord. No. 25-1972]
DWELLING
Any structure designed for use by human occupants for sleeping
and living purposes, whether occupied or vacant, except that this
definition shall not apply to hotels, as defined in N.J.S.A. 55:13A-3.
DWELLING UNIT
Any room or group of rooms located within a dwelling, forming
a single habitable unit, which includes facilities for living, sleeping,
cooking, eating, bathing and toilet purposes.
EMANCIPATED MINOR
Any person under the age of 21 years who is gainfully employed
and self-supporting or who is married to a spouse who is gainfully
employed and who supports the minor, or who is a student living away
from home and in regular attendance at an institution of higher learning.
EXPOSED TO PUBLIC VIEW
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public or any member thereof
from a sidewalk, street, alleyway, licensed open-air parking lot or
from any adjoining or neighboring premises.
EXTERMINATION
The control and elimination of insects, rodents and vermin
by eliminating their harborage places; by removing or making inaccessible
material that may serve as their food; by poisoning, spraying, fumigating,
trapping or by other approved means of pest elimination.
FAMILY
See "immediate family."
FIRE HAZARD
(1)
Any device or condition likely to cause fire
and which is so situated as to endanger either persons or property.
(2)
The creation, maintenance or continuance of
any physical condition by reason of which there exists a use, accumulation
or storage of combustible or explosive material sufficient in amount
or so located or in such a manner as to put in jeopardy, in event
of ignition, either persons or property.
(3)
The obstruction to or of fire escapes, ladders
which may be used as escape, stairways, aisles, exits, doors, windows,
passageways or halls, likely in the event of fire to interfere with
the operations of the Fire Department or of the safety and ready egress
of occupants.
(4)
The violation of any rule promulgated by the
Fire Department or the City.
FLOOR AREA, GROSS
The total area within a dwelling unit or rooming unit available
and accessible to the occupants thereof for all purposes associated
with living in the unit.
FLOOR AREA, NET
The net floor area within the dwelling unit or rooming unit,
as the case may be, shall be computed by deducting from the gross
floor area the following:
(1)
Built-in equipment, wardrobes and closets, bathrooms,
water closet compartments, laundries, serving and storage pantries,
cellars, heating rooms, boiler rooms, utility rooms, kitchens, kitchenettes
and areas utilized for cooking purposes.
(2)
Other rooms or spaces that are not used frequently
and regularly for living purposes.
(3)
Such parts thereof as are used exclusively as
hallways or corridors, entrance foyers or vestibules or, where part
of a larger area, so much thereof as is required to provide a means
of passage three feet in width through the room or foyer immediately
adjoining from any point of ingress from the exterior of the dwelling
unit to any exit from such room or foyer.
(4)
Such part of any room where floor-to-ceiling
height is less than seven feet.
(5)
Any room or part remaining after eliminating areas in subsection
(3) or
(4) above which would then contain less than 50 square feet.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
HABITABILITY
A state of being in compliance with and in conformity with
the provisions of the codes of the City of East Orange.
[Amended 4-12-1971 by Ord. No. 15-1971; 11-25-1974 by Ord. No. 61-1974]
HABITABLE ROOM
Any room in a dwelling unit constituting all or part of a
rooming unit, having a net floor area of 50 square feet or more.
[Amended 5-27-1968 by Ord. No. 31-1968]
HOTEL
Any building kept, used, maintained, advertised as or held
out to be a place where sleeping accommodations are supplied for pay
to transient or permanent guests, in which 15 or more rooms are rented,
furnished or unfurnished, including any room found to be arranged
for or used for sleeping purposes, with or without meals, for the
accommodation of such guests, or every building or part thereof which
is rented for hire to 30 or more persons for sleeping accommodations.
There shall not be included rooms which are physically a part of a
self-contained and enclosed dwelling unit. This definition shall not
be construed to include any building defined as a "tenement house"
pursuant to Title 55 of the Revised Statutes of New Jersey, or any
amendments enacted thereto.
HOUSING INSPECTORS
All officials, officers or employees of the City entrusted
with the enforcement of this chapter.
IMMEDIATE FAMILY
Any number of individuals living together as a single housekeeping
unit and using certain rooms and housekeeping facilities in common.
The residents present a picture very much akin to that of a traditional
family, and their lifestyle is not of a transient or temporary nature.
INCIDENTAL COOKING
Cooking facilities containing no more than two plates or
burners not exceeding six inches in diameter.
INDEPENDENT ROOMING UNIT
A rooming unit in other than a single-family dwelling which
opens directly to the exterior of the premises by way of a common
hallway, common areaway or common stairway or door to the exterior
of the premises without passing through any other rooming unit or
dwelling unit.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
KITCHEN
Any room or part of a room used for cooking or the preparation
of food.
LODGING HOUSE
Any dwelling, whether furnished or unfurnished, in which
there are one or more independent rooming units where there are sleeping
accommodations for occupancy or available for occupancy by four or
more persons, and where there is no agreement between the operator
and any occupant for feeding, personal care or special supervision
or attention; except that hotels, as defined by N.J.S.A. 55:13A-1
et seq., containing 15 or more rooms or accommodating 30 or more persons,
shall be excluded therefrom.
MIXED OCCUPANCY
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
MOLD
Any form of multicellular fungi that lives on plant or animal
matter and in indoor environments. Types of mold include, but are
not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus,
Fusarium, Trichoderma, Memnoniella, Mucor and Stachybotrys chartarum,
often found in water-damaged building materials.
[Added 11-12-2019 by Ord.
No. 35-2019]
MOLD ABATEMENT
The act of removal, cleaning, sanitizing, or surface disinfection
of mold, mold containment, and waste handling of mold and materials
used to remove mold from surfaces by an individual.
[Added 11-12-2019 by Ord.
No. 35-2019]
MOLD ASSESSMENT
An inspection or assessment of real property that is designed
to discover mold, conditions that facilitate mold, indication of conditions
that are likely to facilitate mold, or any combination thereof.
[Added 11-12-2019 by Ord.
No. 35-2019]
MOLD REMEDIATION
Conducting the business of removal, cleaning, sanitizing,
or surface disinfection of mold, mold containment, and waste handling
of mold and materials used to remove mold from surfaces by a business
enterprise, including, but not limited to, sole proprietorships. Mold
remediation, for the purposes of this article, shall also include
remediation of the underlying sources of moisture that may be the
cause of mold that requires expertise not specific to acts authorized
under this article.
[Added 11-12-2019 by Ord.
No. 35-2019]
NUISANCE
(1)
Any public nuisance known at public law or in
equity jurisprudence or as provided by the statutes of the state or
this Code or any other ordinances of the City.
(2)
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
premises of a building or upon an unoccupied lot. This includes but
is not limited to abandoned wells, shafts, basements, excavations;
abandoned iceboxes, refrigerators, motor vehicles; any structurally
unsound fences or structures; lumber, trash, fences, debris or vegetation
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
(3)
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
(4)
Overcrowding of a room with occupants in violation
of this chapter.
(5)
Insufficient ventilation or illumination in
violation of this chapter.
(6)
Inadequate or insanitary sewer or plumbing facilities
in violation of this chapter.
(7)
Insanitary conditions or anything offensive
to the senses or dangerous to health in violation of this chapter.
(8)
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
NURSING HOME
Any building in which two or more disabled persons are housed
for purposes of care, special attention, treatment and supervision
and are housed for such purposes overnight or longer, but dwellings
where not more than two disabled persons live with members of their
families to whom they are related by blood or marriage shall be excluded
from this definition.
OCCUPANT
Any person living, sleeping or having actual possession of
a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a dwelling
or premises or a part thereof, whether with or without the knowledge
and consent of the owner.
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or shall have charge, care
or control of any dwelling or dwelling unit, as owner or agent of
the owner, or as executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate, or as a mortgagee in
possession regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit 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.
PARTIES IN INTEREST
All individuals, associations or corporations who or which
have interests of record in any premises or are in actual possession
thereof.
PERSON REQUIRING SPECIAL CARE
Any person who does not suffer from such physical or mental
incapacity as to be classified as a disabled person, but by reason
of physical or mental limitations or advanced years does require a
limited degree of care and attention to assure personal safety at
all times.
PLUMBING
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines, and water pipes and
lines utilized in conjunction with air-conditioning equipment.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon.
PUBLIC AUTHORITY
The Housing Authority of the City or any officer in charge of any department of the City,
the county or the state relating to health, fire, building regulations
or to other activities concerning buildings in the City.
PUBLIC OFFICER
The Director of the Department of Property Maintenance and
Code Enforcement or such other person as the City Council may specifically
designate and such other officials as the Public Officer may designate
to act in his behalf.
[Amended 5-23-1977 by Ord. No. 72-1977; 10-14-2014 by Ord.
No. 26-2014; 2-23-2015 by Ord. No. 7-2015]
QUALIFIED MOLD REMEDIATOR
A contractor with substantial experience or training in the
assessment, abatement and/or remediation of mold.
[Added 11-12-2019 by Ord.
No. 35-2019]
REFUSE
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
ROOM
Space in an enclosed building, or space set apart by a partition
or partitions, and any space in a building used or intended to be
used as a bedroom, dining room, living room, kitchen, sewing room,
library, den, music room, dressing room, enclosed sleeping porch,
sun room, party room, recreation room, breakfast room, study, storage
room and similar uses.
ROOMING HOUSE
See definitions of "lodging house" and "boardinghouse."
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
other than a dwelling unit, which is rented or available for rent
for sleeping purposes, with or without cooking facilities.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
SANITARY SEWER
Any sanitary sewer owned, operated and maintained by the
City and available for public use for the disposal of sewage.
SEWAGE
Waste from a flush toilet, bathtub, sink, lavatory, dish-washing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
SINGLE-FAMILY DWELLING
Any dwelling containing one and only one dwelling unit, but
which may contain in addition thereto one rooming unit with incidental
cooking facilities.
STORY
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
or cellar is more than six feet above grade, such basement or cellar
shall be considered a "story."
STRUCTURE
Combination of any materials, whether fixed or portable,
forming a construction, including buildings.
SUBSTANTIAL MOLD HAZARD
The visible or detectable presence of mold spores growing
on interior surfaces or in ventilation ducts in such amounts as to
raise concerns for the health of the residents of the building. Consistent
with Environmental Protection Agency guidelines, this refers to any
areas with an aggregate of more than 10 square feet of mold.
[Added 11-12-2019 by Ord.
No. 35-2019]
TENANT PLACEMENT ORGANIZATIONS
Persons and/or entities that are not licensed real estate
agents or brokers who are involved in the procurement of residential
apartments within the City of East Orange for one or more people and
who then pay a portion or all of a tenant(s) rent. This provision
shall not be construed so as to apply to natural born persons that
are related or married to potential and/or actual tenants.
[Added 2-24-2020 by Ord. No. 3-2020]
VENTILATION
Supply and removal of air to and from any space by natural
or mechanical means.
VENTILATION, NATURAL
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
WASHROOMS
Enclosed space containing one or more bathtubs or showers,
or both. Such term shall also include toilets, lavatories or fixtures
serving similar purposes.
WATER CLOSET COMPARTMENT
Enclosed space containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
WEATHERING
Deterioration, decay or damage caused by exposure to the
elements.