[HISTORY: Adopted by the City Council of
the City of Garfield 4-5-1966 by Ord. No. 1335 (Ch. 147 of the 1979
Code). Amendments noted where applicable.]
[Amended 5-20-1980 by Ord. No. 1723; 2-9-2016 by Ord. No. 2729]
The Construction Official, Fire Inspector and Illegal Housing
Inspector of the City of Garfield are hereby designated as the officers
to exercise the powers prescribed by this chapter, and they shall
serve in such capacity without any additional salary.
Pursuant to the provisions of Chapter 21, P.L.
1946 (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 City Clerk and are available
to all persons desiring to use and examine the same.
[Added 11-7-2007 by Ord. No. 2514]
As used in this chapter, the following terms
shall have the meanings indicated:
Any space above the top floor dwelling unit.
Any space below the habitable space located on the first
floor of a dwelling.
Any room or group of rooms located within a building forming
a single habitable unit with facilities which are used, designed or
arranged to be used for living, sleeping, cooking and sanitary facilities.
Any room which may contain a sink, refrigerator, kitchen
counter and cabinets and a cooking device, or any other combination
of the above, which includes stoves, ovens, microwaves, convection
ovens, electric grills, hot plates or any other device in which or
on which food can be cooked.
[Added 11-7-2007 by Ord. No. 2514]
A.
It shall be prohibited to construct or have a kitchen
or kitchen facilities, sink or bathroom in the attic.
B.
Attic spaces may not be used for sleeping areas unless
they are approved by the Zoning Board of Adjustment and/or Planning
Board and meet all requirements of the Uniform Construction Code.
Any approved attic bedroom must be connected directly with the apartment
below, without passing through a common hallway.
C.
Basements shall not contain a kitchen and a bathroom
except as follows:
D.
Renovation of basements shall be restricted to one
large habitable area, with no other habitable rooms. Storage rooms
may be erected, provided that they remain unfinished without locking
doors.
E.
Bedrooms shall not be permitted in basements or areas
below the first floor habitable area.
F.
All basement areas must be attached directly to the
dwelling unit above without passing through a common hallway, nor
shall there be locking doors between the basement habitable area and
the dwelling unit above.
[Added 11-7-2007 by Ord. No. 2514]
All previously approved basement and attic units
which were approved prior to the adoption of this section shall be
allowed to continue in use and shall be considered preexisting, nonconforming
areas; provided, however, that this approval shall only be permitted
if:
[Added 11-7-2007 by Ord. No. 2514]
B.
In no event shall a certificate of occupancy or continued
certificate of occupancy be issued upon the transfer of title of any
property if there are any violations of the above sections. In order
to secure a certificate of occupancy or continued certificate of occupancy
in order to effectuate transfer of title in accordance with the provisions
of the Code of the City of Garfield, all work which was installed
or performed without the required permits and approvals must be removed
to the satisfaction of the Construction Official.
[Amended 5-20-1980 by Ord. No. 1723; 11-7-2012 by Ord. No.
2638; 12-9-2013 by Ord. No. 2676]
A.
The Construction Official is hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the City of Garfield in
order that he or she may perform his or her 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 Construction
Official is hereby authorized to enter, examine and survey at all
reasonable times all dwellings, dwelling units, rooming units and
premises. If the owner or occupant denies the Construction Official
access or entry to any dwelling, dwelling unit, rooming unit or premises
located within the City of Garfield, the Construction Official or
his or her authorized representative shall obtain a proper warrant
or other remedy provided by law to secure entry.
B.
Upon the issuing of a proper warrant, the owner or occupant of every
dwelling, dwelling unit and rooming unit, or the person in charge
thereof, shall give the Construction Official free access to such
dwelling, dwelling unit or rooming unit and its premises at all reasonable
times for the purpose of such inspection, examination and 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, subject
to due process and the laws of the State of New Jersey, 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.
[1]
Editor's Note: Former § 181-4, Procedure for correction
of violations, as amended 5-20-1980 by Ord. No. 1723, was repealed
11-7-2012 by Ord. No. 2639.
[Amended 5-20-1980 by Ord. No. 1723]
The Construction Official is hereby authorized
and empowered to make and adopt such written rules and regulations
as he 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 in
anywise alter, amend or supersede any of the provisions thereof. The
Construction Official shall file a certified copy of all rules and
regulations which he may adopt in his office and in the office of
the Clerk of the City of Garfield.
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.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No.
2457; 11-7-2007 by Ord. No. 2514; 11-7-2012 by Ord. No. 2639; 4-12-2016 by Ord. No. 2736; 2-13-2017 by Ord. No. 2759]
A.
Enforcement.
(1)
In the event that the Construction Official, Housing Official, Police
Department, Health Department, Property Maintenance Officials, Fire
Department or any other municipal enforcing agency has upon observation
determined that in its opinion a violation of any section of the state
building, fire, criminal or municipal ordinances has occurred, the
parties are directed to issue a summons to the offending party.
(2)
The investigative agencies, as noted in Subsection A(1), shall be directed to advise the offending party that each day the summons violation exists shall be deemed and constitute a separate offense, and that the effective enforcing official shall be directed to issue daily summonses from the date that the violation is discovered or determined through the date of court appearance.
B.
The City Council reserves upon itself by resolution to annually amend
the respective penalty provisions in every section of the Municipal
Code and Ordinances of the City of Garfield.
