City of East Orange, NJ Article I General Provisions

§ 159-1 Definitions.

[Amended 5-27-1968 by Ord. No. 31-1968; 4-12-1971 by Ord. No. 15-1971]

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. Word usage. Whenever the words "accessory structure," "boardinghouse," "building," "dwelling," "dwelling unit," "establishment subject to licensing, habitable room," "independent rooming unit," "lodging house," "nursing home," "premises," "room," "rooming unit," "structure" are used in this chapter, they shall be construed, unless expressly stated to the contrary, to include the plurals of these words and as if they were followed by the words "or any part thereof." The word "shall" shall be applied retroactively as well as prospectively.

B. 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.

BUILDING CODE

Chapter 125, Construction Codes, Uniform, of the Code.

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.[1]

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.

ESTABLISHMENT SUBJECT TO LICENSING

Any lodging house, boardinghouse or nursing home which is required to be licensed pursuant to this chapter.

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.

EXTERIOR OF THE PREMISES

Open space on the premises outside of any building thereon.

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[2]]

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.[3]

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.[4]

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.

(9) Fire hazards.

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[5] 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.

REFUSE CONTAINER (MECHANICAL PICKUP) (commonly called a "dumpster")

Any refuse container used in conjunction with vehicles equipped with hoisting mechanisms for loading the containers on the chassis of a vehicle and dumping the contents of the containers.

[Added 11-16-1984 by Ord. No. 49-1984]

REGISTERED MAIL

Registered mail or certified mail.

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, MECHANICAL

Ventilation by power-driven devices.

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5] Editor's Note: See Ch. 40, Housing Authority.

§ 159-2 Findings and policy declarations.

A. It is found and declared that there exist in the City structures used for residential and nonresidential uses which are or may become in the future substandard with respect to structure, equipment or maintenance, and, further, that such conditions, including but not limited to structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, lack of 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, insanitary conditions and overcrowding, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the City. It is further found and declared that, by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the above conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that, by reason of timely regulations and restrictions as contained in this chapter, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced, and the public health, safety and welfare protected and fostered.

B. It is further found and declared that, by reason of the peculiar and special conditions existing in lodging houses, boardinghouses and nursing homes, the licensing and regulation of same is necessary so that the regulations of this chapter may be better enforced in the public interest for the protection of health, safety and welfare of the public to prevent slum and blighted conditions from expanding in the City and for the social and economic stability of the City.

C. It is further found and declared that there exist in the City certain buildings and structures which are unfit for human habitation or occupancy or use because of dilapidation; defects increasing the hazards of fire, accidents or other calamities; lack of ventilation, light or sanitation facilities or because of other conditions rendering such buildings and structures or parts thereof unsafe or unsanitary or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the City.[1]

[1] Editor's Note: See Ch. 113, Buildings Unfit for Habitation.

§ 159-3 Purpose.

[Amended 5-22-1972 by Ord. No. 2-1972; 7-17-1972 by Ord. No. 25-1972; 4-23-1973 by Ord. No. 17-1973]

The purpose of this chapter is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make such facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators, and distinct and separate responsibilities and duties upon occupants; to require the licensing and regulation of lodging houses, boardinghouses and nursing homes, child-care centers and drug centers; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violations of this chapter; to provide for the right of access across adjoining premises to permit repairs; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use. This chapter is declared to be remedial and essential for the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes as stated in this section.