[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]
A.
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.
(1)
Such notice shall:
(a)
Be put in writing.
(b)
Include a statement of the reasons why it is
being issued.
(c)
Allow a reasonable time for the performance
of any act it requires.
(d)
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.
(2)
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.
B.
Hearing.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
C.
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.
A.
Housing certificates 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.
C.
The housing certificate required herein does not repeal or amend
requirements for certificates of occupancy when required by ordinance
of Mantua Township or statutes of the State of New Jersey.
[1]
Editor's Note: Editor's Note: This ordinance also changed
the title of this section from "Certificates of occupancy required"
to its current title.
[Added 7-22-1980; amended 10-22-1996; 6-7-2010 by Ord. No. O-08-2010; 4-6-2020 by Ord. No. O-2-2020]
A.
Application for a housing certificate for change in occupancy shall
be made to the enforcing authority of this Township on a form provided
by said enforcing authority.
B.
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 housing certificate. 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 all responsibility for obtaining a housing certificate pursuant to this chapter, and provided further that such written waiver shall be filed with the enforcing authority.
C.
Application to the enforcing authority shall be accompanied by a
fee of $90.
[Amended 3-13-2023 by Ord. No. O-1-2023]
D.
The enforcing authority shall, within 10 working days of the receipt
of a fully completed application for a housing certificate and the
accompanying fee, make such inspections as are required herein and,
upon determining that the requirements herein have been complied with,
issue a housing certificate.
E.
There shall be no fee for the first reinspection of the property
and a $30 fee for the second reinspection of the property.
[Amended 3-13-2023 by Ord. No. O-1-2023]
[Added 7-22-1980; amended 9-8-1981; 5-13-1986; 10-22-1996; 4-6-2020 by Ord. No. O-2-2020]
A.
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.
B.
Upon correction of the violation or violations, the applicant shall
notify the enforcing authority in writing and shall submit a reinspection
fee of $30 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 housing certificate shall issue.
C.
The enforcing authority may issue a temporary housing certificate
for a period not to exceed three months to a purchaser of an existing
home, provided that:
D.
Failure to correct the violations and to request a reinspection prior
to the expiration of a temporary housing certificate shall constitute
a violation of this chapter and subject the violator to the same penalty
provided for failure to obtain a housing certificate.
[Added 7-22-1980]
A.
In addition to the requirements for a housing certificate
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.
[Amended 4-6-2020 by Ord. No. O-2-2020]
[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]
A.
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 fines of not less
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.
[Amended 4-6-2020 by Ord. No. O-2-2020]
B.
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.
[Added 7-22-1980]
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:
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.
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 one
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 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.
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.
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.
A.
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.
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.
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.
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 chapter shall be connected to both hot- and cold-water
lines.
A.
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.
A.
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.
B.
Every dwelling shall be provided with electric service.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
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 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.
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 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.
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 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.
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 and unsightly. Fences
shall be kept in good repair.
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 subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in § 217-26F of this chapter.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
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 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.
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 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.
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 § 217-19A of this chapter.
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 § 217-19B of this chapter.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
The owner shall be responsible for compliance with
all provisions of this chapter not specified as the responsibility
of occupants.
