[HISTORY: Adopted by the City Council of
the City of Garfield 9-1-1970 by Ord. No. 1445 (Ch. 121 of the 1979
Code). Amendments noted where applicable.]
[Amended 7-22-2008 by Ord. No. 2530]
Not more than one person over four years of
age for each 125 square feet of floor space therein usable for living
purposes shall live, sleep or otherwise occupy any dwelling unit.
[Added 2-1-1994 by Ord. No. 2143[1]]
No bedroom shall be utilized for sleeping purposes
by more than two adult occupants. Every bedroom occupied or utilized
for sleeping purposes shall be deemed to be a bedroom for the purposes
of this Code section notwithstanding the fact that said room may be
utilized for other purposes. Every said room occupied for sleeping
purposes by one occupant shall be at least 70 square feet of floor
space, and every room occupied for sleeping purposes by more than
one occupant shall be at least 50 square feet for each occupant thereof.
[1]
Editor's Note: This Ordinance also provided
that this section shall be enforceable under the Uniform Fire Safety
Act (N.J.S.A. 52:27D-192 et seq.) and shall be enforced by the Fire
Safety Officials in the City of Garfield as well as the Housing Inspectors,
Zoning Officer and Police Department.
[Amended 7-23-2013 by Ord. No. 2662]
Within the limits of the City of Garfield no person, firm or
corporation shall operate, conduct, carry on, lease or rent, or cause,
permit or allow any property under his or its control to be used as,
a boarding house, rooming house or other place or building used for
sleeping purposes, as the same is hereinafter defined, or engage in
the business of the operation of, or work in, occupy or directly or
indirectly in any manner whatsoever utilize, such place unless and
until there shall be granted a permit by a City of Garfield Zoning
Officer in accordance with the terms of this chapter, and shall be
in force and effect, a license so to do for the place and premises
in or at which such use shall be conducted or carried on. A "boardinghouse,"
as per N.J.S.A. 55:13B-3, shall mean any building together with any
related structure, accessory building, any land appurtenant thereto,
and any part thereof, which contains two or more units of dwelling
space arranged or intended for single-room occupancy, exclusive of
any such unit occupied by an owner or operator, and wherein personal
or financial services are provided to the residents, including any
residential hotel or congregate living arrangement, but excluding
any hotel, motel or established guest house wherein a minimum of 85%
of the units of dwelling space are offered for limited tenure only,
any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A.
30:4C-26.1), any community residence for the developmentally disabled
as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2),
any dormitory owned or operated on behalf of any nonprofit institution
of primary, secondary or higher education for the use of its students,
any building arranged for single-room occupancy wherein the units
of dwelling space are occupied exclusively by students enrolled in
a full-time course of study at an institution of higher education
approved by the Department of Higher Education, and any facility or
living arrangement operated by, or under contract with, any state
department or agency, upon the written authorization of the Commissioner.
A "rooming house" means a boardinghouse wherein no personal or financial
services are provided to the residents.
Every licensed place or premises shall at all
times comply with all of the terms and provisions of all of the ordinances
of the City of Garfield and all of the statutes of the State of New
Jersey in relation to the construction, maintenance and use of buildings
or structures containing more than two dwelling or rooming units,
including but not limited to the zoning ordinances, the Building Code,
the Health Code, the Garbage Disposal Ordinance, the ordinances of
the City establishing minimum heat requirements, the police ordinances,[1] the provisions of this chapter, the provisions of Chapter
66, L. 1962 (N.J.S.A. 40:48-2.12a et seq.), and the provisions of
Chapter 76, L. 1967 (N.J.S.A. 55:13A-1 et seq.), as well as the regulations
promulgated under the said Chapter 76 as provided for in N.J.S.A.
55:13A-7. The application for and issuance of a license hereunder
shall constitute the consent of the applicant to an inspection of
the entire licensed premises at reasonable times by the police, fire,
health, zoning, building and other authorized agencies of the City
of Garfield for the purpose of determining whether there is any violation
on the rented place or premises of any ordinance of the City or of
any law of the state.
A.
Pursuant to N.J.S.A. 40:48-2.12f, the City Council
may by resolution abate a nuisance, correct a defect or put any premises
in proper condition so as to comply with the requirements of Chapter
76, L. 1967 (N.J.S.A. 55:13A-1 et seq.), or the rules and regulations
promulgated by the Commissioner of the Department of Community Affairs
under N.J.S.A. 55:13A-7, or in accordance with the provisions of any
other applicable ordinance of the City or statute of the state, in
order to protect the health, safety and welfare of the occupants of
any dwelling space licensed under the terms of this chapter. The same
shall be at the cost of the owner or lessor and shall be charged as
a lien against the premises.
B.
The Director hereinafter named is hereby designated
by the City Council as its agent to administer and enforce this chapter
and also to act as custodian on behalf of the City of any building
or structure against which proceedings are brought by the City Council,
and such Director hereinafter named is authorized to enter into and
take charge of said premises and supervise abatement of the nuisance,
correction of the defective condition or maintenance of the premises
in the proper condition.
C.
As to any premises which have not been licensed hereunder as provided in § 131-3 hereof and where no agent of the owner for said premises residing in the municipality has been designated by the owner or, if designated, cannot be located, service of any notice to or upon any owner, lessor and agent under any ordinance of the City or under any state law applicable to the City hereunder shall be sufficient notice to said owner or said lessor by posting it upon the premises in a conspicuous place.
D.
Subject at all times to the ultimate control of the
City Council, the Director hereinafter named is authorized and directed
to require the administration and enforcement of this chapter by the
other officers and employees of the City. The City Council may from
time to time appoint or employ other officers and employees to administer
and enforce this chapter.
[Amended 4-27-2004 by Ord. No. 2395]
A.
The several enforcement authorities of the City, provided
that said enforcement authorities are duly authorized and properly
licensed by the State of New Jersey, are hereby authorized and directed
to enforce the provisions of the New Jersey Hotel and Multiple Dwelling
Law (N.J.S.A. 55:13A-1 et seq.), together with any rules and regulations
promulgated thereunder by the Commissioner of the Department of Community
Affairs including N.J.A.C. 5:10-1.1 et seq.
B.
It shall be the duty of these local enforcement authorities
to perform such inspections as may be required of the City pursuant
to the agreement between the City and the Department of Community
Affairs of the State of New Jersey under its State-Local Cooperative
Housing Inspection Program in the enforcement of N.J.S.A. 55:13A-1
et seq. and the regulations for the maintenance of hotels and multiple
dwellings, N.J.A.C. 5:10-1.1 et seq.
C.
The compensation of the City shall be as provided
for under the said State-Local Cooperative Agreement and shall be
derived solely from the fees charged as provided by law and said agreement.
In addition to the other regulations herein
prescribed in licensed premises, each lavatory and bathroom shall
have natural ventilation. Such licensed premises shall have a single
general heating system, and no gas-burning appliances shall be permitted
except only for cooking in rooming or dwelling units. All sidewalks,
driveways, parking facilities, porches and entryways in any licensed
premises shall be adequately lighted at least between one hour after
sundown and 1/2 hour before sunrise. Every licensed premises shall
be in charge of a custodian or caretaker who shall be responsible
for the enforcement of and compliance with the terms of the several
ordinances of the City of Garfield applicable to the licensed premises.
If and when it shall appear that any application
for a license does not comply with this chapter or should for any
reason be refused, or, having been issued, should be revoked, the
Director hereinafter named shall refer the application or complaint
to the City Council, who, after a hearing, on reasonable notice to
the party affected, shall determine whether cause under this chapter
or any other ordinance or law exists to refuse, suspend or revoke
said license, in which case the license shall be refused, suspended
or revoked, as the case may be.
A.
There shall be charged and collected for the granting
of the license hereunder, which license fee is imposed for and shall
be a part of the general revenues of the City, a license fee per annum
as follows: [1]
B.
Excepted from each such license fee shall be any one
owner-occupied or custodian-occupied unit.
C.
Said license fee shall be payable in advance for each
year or part thereof. All said licenses shall expire on January 1
of each year, and as to any and all licenses issued hereunder, the
fee therefor shall be prorated for the portion of the year then remaining.
For the purpose of the administration and enforcement
of this chapter, there shall be created a board consisting of four
members to be known as the "Environmental Control Commission." The
members of said Commission shall be the Chief of the Fire Department,
the Building Inspector, one member of the City Council and a fourth
member who shall be the Director. The Chief of the Fire Department
and the Building Inspector shall continue to hold said office on said
Commission for the time being so long as they shall continue in their
other offices. The member of the City Council on said Commission and
the Director on said Commission shall be appointed by the City Council.
The Director shall be appointed from among the other full-time officers
or employees of the City of Garfield. The Councilmanic member of the
Commission and the Director shall each hold office for terms of two
years commencing on January 1, except that the first appointments
hereunder shall be for an unexpired term ending January 1. In addition
to the Commission, the City Council shall name 10 citizens as an advisory
committee to aid and assist the Commission in the better administration
of this chapter.
Nothing contained in this chapter is intended
or shall be construed to in any manner whatsoever be less restrictive
than Chapter 76, L. 1967( N.J.S.A. 55:13A-1 et seq.) or the rules
or regulations promulgated thereunder, and in case any provision in
this chapter is deemed to reduce any restriction imposed by said Chapter
76, L. 1967, or the rules and regulations promulgated thereunder,
the restrictions under the said state Act shall control and the less
restrictive provisions of this chapter shall be deemed to be modified
accordingly.
[Amended 4-25-2006 by Ord. No. 2457; 4-12-2016 by Ord. No. 2734]
In addition to any other remedies or penalties provided by any other statute or ordinance, each day that a violation of the terms or provisions of this chapter shall continue shall constitute a separate offense. Any person, firm or corporation who shall violate any of the terms or provisions of this chapter shall, upon conviction thereof, be punished by one or more of the following: a minimum fine of $1,500; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days. The court before which any conviction is had shall have the power to impose any fine or term of imprisonment not exceeding the maximum fixed herein. The minimum fine under this section shall not be applicable to violations under Chapter 105 for failure to obtain a continued certificate of occupancy or violations under Chapter 128 for failure to obtain a dwelling certificate.
