[HISTORY: Adopted by the Township Committee of the Township of Mantua 12-9-1969 (Ch. 95 of the 1978 Code). Amendments noted where applicable.]
[Amended 7-22-1980; 10-22-1996]
The Construction Code Official of the Township of Mantua and/or the Mantua Township Board of Health and its authorized agents and representatives are each designated and given coincident, collateral and parallel authority to act either together or separately as each entity in its discretion deems advisable to exercise the powers and duties prescribed by this chapter. Each of the Construction Code Official and the Board of Health of the Township of Mantua and their authorized agents and representatives shall be referred to herein as the "enforcing authority." Such term shall be construed throughout to apply to each of such entities whether the actions taken are exercised by the Construction Code Official or the Board of Health jointly or separately in enforcing the provisions of this chapter.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this chapter, and three copies of the same have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
[Amended 7-22-1980; 10-22-1996]
The enforcing authority is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Township of Mantua in order that it may perform the duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Enforcing Authority is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the Enforcing Authority free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination or 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.
[Amended 7-22-1980; 10-22-1996]
Whenever the enforcing authority 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 hereinafter provided.
Such notice shall:
Be put in writing.
Include a statement of the reasons why it is being issued.
Allow a reasonable time for the performance of any act it requires.
Be served upon the owner or his agent or upon the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally, or if a copy thereof is sent by registered mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this state.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Enforcing Authority, provided that such person shall file in the office of the Enforcing Authority giving such notice a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within 10 days after the day the notice was served. Upon receipt of such petition, the Enforcing Authority shall set a time and place for such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition is filed, provided that upon application of the petitioner the Enforcing Authority may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Enforcing Authority shall sustain, modify or withdraw the notice, 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. If the enforcing authority sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the enforcing authority within 10 days after such notice is served.
The proceedings at such hearing, including the findings and decision of the enforcing authority, shall be summarized, reducing to writing and entered as a matter of public record in the office of the enforcing authority. 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 enforcing authority may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
Whenever the enforcing authority finds that an emergency exists which requires immediate action to protect the public health or safety, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the enforcing authority, shall be afforded a hearing as soon as possible. After such hearing, 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, the enforcing authority shall continue such order in effect or modify it or revoke it.
[Amended 7-22-1980; 10-22-1996]
The enforcing authority is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem 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 anywise alter, amend or supersede any of the provisions thereof. The enforcing authority shall file a certified copy of all rules and regulations which it may adopt in this office and in the office of the Township Clerk of the Township of Mantua.
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Certificates of occupancy shall hereafter be required for human habitation of all existing dwelling units in the Township of Mantua before a change in occupancy of any such unit may be effected.
The certificate of occupancy required herein does not repeal or amend requirements for other certificates of occupancy heretofore provided by ordinances of Mantua Township or statutes of the State of New Jersey.
[Added 7-22-1980; amended 10-22-1996]
Application for a certificate of occupancy for change in occupancy shall be made to the enforcing authority of this Township on a form provided by said enforcing authority.
The owner of each dwelling unit subject to §§ 217-7 through 217-11 of this chapter is hereby charged with the responsibility for making written application to the enforcing authority for a certificate of occupancy. In the event that a change of occupancy is also accompanied by a change of ownership of a dwelling unit, the buyer of such dwelling unit may waive the seller's responsibility and assume the same; provided, however, that such waiver shall be in writing and shall state that the buyer is fully aware that he, she or it is assuming fall responsibility for obtaining a certificate of occupancy pursuant to this chapter, and provided further that such written waiver shall be filed with the enforcing authority.
Application to the enforcing authority shall be accompanied by a fee of $60.
[Amended 6-7-2010 by Ord. No. O-08-2010]
The enforcing authority shall, within 10 working days of the receipt of a fully completed application for a certificate of occupancy and the accompanying fee, make such inspections as are required herein and, upon determining that the requirements herein have been complied with, issue a certificate of occupancy.
There shall be a fee of $30 for reinspection of the property.
[Added 6-7-2010 by Ord. No. O-08-2010]
If, upon the inspection or inspections aforesaid, the enforcing authority finds that the subject dwelling is not in compliance, said official or its representative shall, within three working days, notify the applicant in writing of such noncompliance, specifically setting forth the violation or violations which require correction.
Upon correction of the violation or violations the applicant shall notify the enforcing authority in writing and shall submit a reinspection fee of $15 with such notification. The enforcing authority shall reinspect the dwelling within five working days of receipt of such notification and reinspection fee. This procedure shall be followed until all violations have been corrected, at which time a certificate of occupancy shall issue.
[Amended 5-13-1986; 10-22-1996]
The enforcing authority may issue a temporary certificate of occupancy for a period not to exceed three, months to a purchaser of a ti existing home, provided that:
[Added 9-8-1981; 10-22-1996]
Failure to correct the violations and to request a reinspection prior to the expiration of a temporary certificate of occupancy shall constitute a violation of this chapter and subject the violator to the same penalty provided for failure to obtain a certificate of occupancy.
In addition to the requirements for a certificate of occupancy hereinabove set forth, it shall also be required that each such dwelling unit have installed therein a minimum of one approved, listed and labeled smoke detector sensing visible or invisible particles of combustion installed in a manner and location consistent with its listing. When actuated, the detector shall provide an alarm suitable to warn the occupants within the dwelling.
[Added 7-22-1980; 10-22-1996]
The enforcing authority shall furnish copies of all regulations referred to herein to any person for a fee not to exceed $3.
[Amended 4-25-1978; 4-25-1989]
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following- imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not more than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
[Added 8-14-1979; amended 7-22-1980; 10-22-1996]
Whenever any property with respect to which an order has been issued by the enforcing authority has not been repaired or altered within 30 days of the date of said order by the enforcing authority, the enforcing authority is empowered to declare the same a public nuisance and empowered to effect the repairs or alterations required in order to render the property habitable or, if the cost of said alterations or repairs exceeds the value of the property, to order the property demolished, and the cost of the alterations and/or repairs and/or demolition shall forthwith become a lien upon the lands and/or property and shall be collected in the same manner and for the same officers as in the case of unpaid taxes and shall bear interest at the same rate or rates as unpaid taxes.
All other ordinances and parts of ordinances in conflict or inconsistent with this chapter are hereby repealed, but only to the extent of such conflict or inconsistency, and this chapter shall be in full force and effect immediately upon its adoption and its publication, as provided by law, except for the New Jersey State Uniform Construction Code. The regulations of the New Jersey State Uniform Construction Code shall control in the event of a conflict between its provisions and that of the New Jersey State Housing Code, and the provisions of said Housing Code are hereby repealed to the extent of any such inconsistency with the New Jersey State Uniform Construction Code.
The provisions of this article 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 words, terms or phrases listed below, for the purpose of this chapter, shall be defined and interpreted as follows:
- ADMINISTRATIVE AUTHORITY
- The department, branch or agency of this municipality which is authorized by Article I of this chapter to administer the provisions of this chapter.
- Any building or structure or part thereof used for human habitation, use or occupancy, including any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith.
- A building or structure or part thereof containing one or more dwelling units or lodging units.
- DWELLING UNIT
- 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.
- HABITABLE ROOM
- 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.
- LODGING HOUSE
- Any building or that part of any building containing one or more lodging units, each of which is rented by one or more persons not related to the owner.
- LODGING UNIT
- A rented room or group of rooms within a building, containing no cooking facilities and used for living purposes by a separate family or group of persons living together or by a person living alone.
- Any person or persons in actual possession of and living in a 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.
- As defined in N.J.S.A. 1:1-2.
- PLUMBING FIXTURES
- Includes 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.
- PUBLIC OFFICER
- The officer or officers who are authorized by Article I of this chapter to exercise powers prescribed by this chapter.
- Includes all combustible and noncombustible waste material, except garbage.
- Includes electric, gas, heating, water and sewerage services and equipment therefor.
Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards set forth in Potable Water Standards, as published by the New Jersey State Department of Health and Senior Services.
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.
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.
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 chapter shall be connected to both hot- and cold-water lines.
Garbage or other organic waste shall be stored in water-tight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. At least one approved-type garbage receptacle shall be provided for each dwelling unit in accordance with § 217-26I of this chapter.
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any habitable room and are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included in calculating the required minimum total window area.
Every dwelling shall be provided with electric service.
Every habitable room shall contain at least two separate wall-type electric convenience outlets or one such convenience outlet and one ceiling- or wall-type electric light fixture. Every such outlet and fixture shall be maintained in good and safe condition and shall be connected to the source of electric power. No temporary wiring shall be used except extension cords which run directly from portable electrical fixtures to convenience outlets and which do not lie under rugs or other floor coverings nor extend through doorways, transoms or other openings through structural elements.
Every portion of each staircase, hall, cellar, basement, landing, furnace room, utility room and all similar nonhabitable space located in a dwelling shall have either natural or artificial light available at all times, with an illumination of at least two lumens per square foot (two footcandles) in the darkest portions.
Every portion of any interior or exterior passageway or staircase common to two or more families in a dwelling shall be illuminated naturally or artificially at all times with an illumination of at least two lumens per square foot (two footcandles) in the darkest portion of the normally traveled stairs and passageways. In dwellings comprising two dwelling units, such illumination shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
Every bathroom and water closet compartment shall have either natural or artificial light available at all times, with an illumination of at least three lumens per square foot (three footcandles). Such light shall be measured 36 inches from the floor at the center of the room. Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.
Means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in § 217-20A of this chapter or by other means acceptable to the administrative authority which will provide at least two air changes per hour.
Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in § 217-20A of this chapter or by other means acceptable to the administrative authority which will provide at least six air changes per hour.
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 located therein to a temperature of at least 70° F. when the outside temperature is 0° F. 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.
Every dwelling, dwelling unit or lodging unit shall have safe and unobstructed means of egress. Such means of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
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 or vermin extermination and rodent-proofing may be required by the Board of Health. Rodent and vermin extermination shall be carried out in accordance with § 217-26K of this chapter. 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 and unsightly. Fences shall be kept in good repair.
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 subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in § 217-26F of this chapter.
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.
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof. The floor space shall be calculated on the basis of total habitable room area.
In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof. Notwithstanding the foregoing, in every lodging unit every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.
At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
No room in a dwelling may be used for sleeping if the floor level of the room is lower than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room.
A room located below the level of the ground but with the floor level less than 3 1/2 feet below the average grade of the ground adjacent to and within 15 feet of the exterior walls of the room may be used for sleeping, provided that the walls and floor thereof in contact with the earth have been dampproofed in accordance with a method approved by the administrative authority, and provided that the windows thereof are at least 15 feet from the nearest building or wall.
No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this chapter 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 with rats, insects or other vermin shall carry out such rat stoppage, verminproofing or other means of preventing infestation of said dwelling as may be required by the Board of Health.
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 containing two or more dwelling units or lodging units 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 or not otherwise prohibited by municipal ordinances shall be done in an orderly manner so as not to 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 § 217-19A of this chapter.
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 § 217-19B of this chapter.
In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish such receptacles outside the dwelling unit as are needed for the storage of garbage and rubbish until removal from the premises. In lodging houses and in dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the lodging units or dwelling units as are needed for the storage of garbage and rubbish until removal from the premises.
Every occupant of a dwelling unit in a dwelling containing no more than three dwelling units shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage and rubbish from the premises each week in accordance with regulations of the municipality for the collection of garbage and rubbish.
Every occupant of a dwelling comprising a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises, and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insectproof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the common parts of any dwelling containing two or more dwelling units, 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 containing two or more dwelling units 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 adequate to maintain therein a minimum inside temperature of 70° F. in all habitable rooms, bathrooms and water closet compartments between the hours of 6:00 a.m. and 11:00 p.m. throughout the year.
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 two or more dwelling units or lodging units are heated by a common facility.
The owner shall be responsible for compliance with all provisions of this chapter not specified as the responsibility of occupants.