[HISTORY: Adopted by the Borough Council of the Borough of Haledon 5-14-1980
by Ord. No. 4-9-80B (Ch. 77 of the 1984 Code). Amendments
noted where applicable.]
A.
BASEMENT
BATHROOM
BUILDING
CELLAR
DETERIORATION
DWELLING
DWELLING UNIT
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
GARBAGE
HAZARD
(1)
(2)
(3)
(4)
(5)
MIXED OCCUPANCY
MULTIPLE DWELLING
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
OCCUPANCY UNIT
OCCUPANT
OPERATOR
ORDINARY MINIMUM WINTER CONDITIONS
OWNER
(1)
(2)
PARTIES IN INTEREST
PLUMBING
PREMISES
PUBLIC AUTHORITY
PUBLIC OFFICER
REFUSE
ROOMING UNIT
RUBBISH
STRUCTURE
SUPPLIED
TEMPORARY HOUSING
TRANSLUCENT
UTILITIES
WATER CLOSET COMPARTMENT
WEATHERING
WINDOW
WINDOW DISPLAY AREA
As used in this chapter, the following terms shall have
the meanings indicated:
A portion of a building located underground but having less than
half of its clear floor-to-ceiling height below the average grade of the adjoining
ground.
Any enclosed space which contains one or more of the following: bathtub,
shower, water closet, lavatory, water closet compartment, washbowl, sink or
fixtures serving similar purposes.
Any building or structure or part thereof, whether used for human
habitation or otherwise, and includes any outbuildings and appurtenance belonging
thereto or usually enjoyed therewith.
A portion of a building located partly or wholly underground and
having half or more of its clear floor-to-ceiling height below the average
grade of the adjoining ground.
The condition of a building or part thereof characterized by holes,
breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical
decay, neglect, lack of maintenance or excessive wear.
Any building which is wholly or partly used or intended to be used
for living or sleeping by human occupants, provided that temporary housing,
as hereinafter defined, shall not be regarded as a dwelling.
Any room or group of rooms located within a dwelling and forming
a single habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking or eating.
Any premises or part thereof which may be lawfully viewed by the
public or any member thereof from a sidewalk, street, alleyway, parking lot
or from any adjoining or neighboring premises.
Any part of the premises not occupied by any building thereon; any
open space on the outside of any building; or any part of any building which
is exposed to the elements.
The mineral, animal, vegetable or any other organic waste resulting
from the handling, preparation, cooking and consumption of food or other products.
Any physical condition on or near the premises which may reasonably
be deemed to be actually or potentially dangerous to human life or detrimental
to the public health or safety, and includes but is not limited to the following:
Any condition which may present an actual or potential threat of combustion
or of ignition.
Foundation walls which are not structurally sound, free from defects
and damage and capable of bearing imposed loads safely.
Chimneys, flue and vent attachments which are not structurally sound,
free from defects and so maintained as to perform at all times the functions
for which they were designed and constructed, it being required hereby that
chimneys, flues, gas vents and other draft-producing equipment shall provide
sufficient draft to develop the rated output of the connected equipment and
shall be structurally safe, sound, durable, smoketight and capable of withstanding
the action of flue gases.
Exterior porches, landings, balconies, stairs and fire escapes which
are not structurally sound and free from defects and damage and which are
not provided with banisters or railings properly designed and maintained and
structurally sound and in good repair and which are not maintained in a well-painted
condition or otherwise provided with a preservative treatment to prevent deterioration.
Any inadequately protected well, shaft, basement, excavation, abandoned
motor vehicle appliance or equipment, structurally unsound fence or building
or other similar condition detrimental to the safety of persons.
Any building containing one or more dwelling units, rooming units
or hotel or motel accommodations and also having a portion thereof devoted
to nonresidential uses.
Any dwelling containing more than one dwelling unit.
Any public nuisance known in law or in equity or equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Borough of Haledon, and includes but is not limited to the following:
Any growth or accumulation of lumber, trash, debris or vegetation such
as poison ivy, oak or sumac.
Sources of infestation.
Any accumulation of brush, weeds, broken glass, stumps, roots, obnoxious
growths, filth, garbage, trash, rubbish, refuse and debris of any description.
Loose, overhanging and projecting objects and accumulations of ice and
snow which by reason of location above ground level are or may be dangerous
to persons.
Holes, excavations, breaks, piles or heaps of material, ungraded fill,
projections, obstructions and excretions of pets or other animals on paths,
sidewalks, walks, driveways, parking lots and parking areas and other parts
of the exterior of a premises which are accessible to and used by persons
lawfully on the premises.
Accumulations of stormwater, it being hereby required that adequate
runoff drains shall be provided and maintained in workable condition to eliminate
recurrent accumulations of stormwater.
Any room or group of rooms or part thereof forming a single usable
unit (used or intended to be used or designed to be used for nonresidential
purposes) and located within a building used or intended to be used or designed
to be used, in whole or in part, for commercial, business, industrial or any
other nonresidential occupancy.
Any person over one year of age living, sleeping, cooking or eating
in or having actual possession of a dwelling unit or rooming unit, and any
person or persons having actual possession of or using or occupying an entire
building or an occupancy unit in a building.
Any person, firm, association or corporation who or which has charge,
care or control of a building or part thereof containing dwelling or rooming
or occupancy units, whether with or without the knowledge and consent of the
owner.
The temperature of 15° F.
Any person, firm, association or corporation who or which shall,
alone or jointly or severally:
Have legal title to any premises with or without accompanying actual
possession thereof.
Have charge, care or control of any premises or part thereof as owner
or agent of the owner or in a fiduciary capacity to the estate of the owner,
and any such person, firm or corporation having or exercising such charge,
care or control shall be bound to comply with the provisions of this chapter
and of the rules and regulations adopted pursuant thereto the same extent
as though he or it were the owner.
Any persons, firms, associations or corporations who or which have
an interest of record in a premises and any who may be in actual possession
of all or a part thereof.
Includes all of the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste
pipes, water closets, sinks, sink tops and counters, installed dishwashers,
lavatories, bathtub, shower baths, installed clothes-washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines.
A lot, tract, plot or parcel of land, whether or not the same has
improvements situated thereon, and includes any improvements which may be
situated thereon.
Any officer in charge of a department or branch of the Borough government,
the activities of which relate to public health, fire, building or other matters
concerning dwellings, buildings, structures and/or premises in the Borough,
or the agent of any such officer.
The Construction Code Official or the Housing Maintenance Enforcer
or any duly designated or authorized agent or agents.
[Amended 3-10-1993 by Ord. No. 2-10-93A]
All putrescible and nonputrescible solid wastes (except body wastes),
including but not limited to garbage, rubbish, ashes, street sweepings, dead
animals, abandoned motor vehicles or parts thereof and solid market and industrial
wastes.
Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping but not for cooking or eating
purposes.
Combustible and noncombustible waste materials, except garbage; and
the term shall include the residue from the burning of wood, coal, coke and
other combustible material; paper; rags; cartons; boxes; wood; excelsior;
rubber; leather; tree branches; yard trimmings; tin cans; metals; mineral
matter; and glass, crockery and dust.
An assembly of materials forming a construction, including but not
limited to buildings, stadiums, gospel and circus tents, reviewing stands,
platforms, stagings, observation towers, radio towers, water tanks, trestles,
open sheds, bins, shelters, fences and display racks and signs.
Paid for, furnished or provided by or under control of the owner
or operator.
Any tent, trailer or other structure used for human shelter which
is designed to be transportable and which is not attached to the ground, to
another structure or to any utilities system on the same premises for more
than 30 consecutive days.
The property of admitting the passage of light but diffusing it so
that objects beyond it cannot be clearly distinguished.
Includes electric, gas, heating, water and sewerage services and
equipment therefor.
An enclosure containing a single water closet and a washbasin supplied
with hot water.
Deterioration, decay or damage caused by exposure to the elements.
An opening in the wall or roof of a building for the admission of
light, which opening may be closed to the elements by casements or sashes
containing glass or other transparent material.
The inner surface of a window which is designed or used for the viewing
of the interior of a building and for the display of items representative
of any goods or services pertaining to the business conducted in said building.
B.
Word usage.
(1)
Whenever the words "dwelling," "dwelling unit," "occupancy
unit," "rooming house," "rooming unit," "premises," "building" or "structure"
are used in this chapter, they shall be construed as though they were followed
by the words "or any part thereof"; and whenever in describing or referring
to any person, party, matter or thing, any word imparting the singular number
or masculine gender is used, the same shall be understood to impart and include
the plural number or female gender and to apply to bodies corporate as well
as to individuals; and whenever opposite, a word shall be deemed to have retroactive
as well as prospective application.
(2)
"Person" shall be given the same meaning for purposes
of the construction and interpretation of this chapter as is assigned to said
word by N.J.S.A. 1:1-2, and as the same may be amended and supplemented.
[Amended 3-10-1993 by Ord. No. 2-10-93A]
A.
The Construction Code Official of the Borough of Haledon
is hereby designated and appointed as a public officer who shall exercise
the powers prescribed by and shall enforce the provisions of this chapter.
B.
The Housing Maintenance Enforcer is hereby designated
and appointed as a public officer who shall enforce the provisions of this
chapter as directed by the Construction Code Official.
A.
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the Borough, charging that any building is unfit for human habitation or occupancy or use or whenever it so appears to the public officer on his own motion, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice, which shall be served as provided in § 120-12.
B.
The notice shall state: that a hearing will be held before
the Borough Maintenance Committee at a place therein fixed not less than seven
days nor more than 30 days after the service of said complaint; that the owner
and parties in interest shall have the right to file an answer to the complaint
and to appear in person or otherwise and give testimony at the place and time
fixed in the complaint; and that the rules of evidence prevailing in the courts
shall not be controlling in hearings before the Borough Maintenance Committee.[1]
C.
The Borough Maintenance Committee shall be appointed
by the Mayor and Council. The Committee shall include the public officer,
a Councilman and a citizen of the Borough.
A.
If, after such notice and hearing, the Borough Maintenance Committee determines that the building under consideration is unfit for human habitation or occupancy or use, the Committee shall state, in writing, its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest, in the manner provided in § 120-12, an order requiring:
(1)
The repair, alteration or improvement of the said building
to be made by the owner within a reasonable time, which time shall be set
forth in the order, or, at the option of the owner, to vacate or have the
said building vacated and closed within the time set forth in the order.
(2)
If the building is in such a condition as to make it
dangerous to the health and safety of persons on or near the premises and
the owner fails to repair, alter or improve the said building within the time
specified in the order, that the owner remove or demolish the said building
within a reasonable time as specified in the said order of removal.
B.
If, after such notice and hearing, the Borough Maintenance
Committee further determines that the electric wiring system in the building
is defective and unsafe, it shall order and direct that the public utility
company supplying electricity to the building discontinue such service until
such electric wiring system is made to conform to the requirements of the
current Electrical Code.[1]
A.
If the owner fails to comply with an order to repair,
alter or improve, or, at the option of the owner, to vacate and close the
building, the public officer may cause such building to be repaired, altered
or improved, or to be vacated and closed. The public officer may cause to
be posted on the main entrance of any building so closed, a placard with the
following words: "This building is unfit for human habitation or occupancy
or use; the use or occupation of this building is prohibited and unlawful."
B.
If the owner fails to comply with an order to remove
or demolish the building, the public officer may cause such building to be
removed or demolished or may contract for the removal or demolition thereof
after advertisement for and receipt of bids therefor.
A.
The amount of the cost of such repairs, alterations or
improvements, or vacating and closing, or removal and demolition, if any,
or the amount of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from such building or
from any contract for removal or demolition thereof, and the cost of the filing
of legal papers, expert witnesses' fees, search fees and advertising charges
incurred in the course of any proceeding taken under this chapter and determined
in favor of the Borough, shall be a municipal lien against the real property
upon which such cost was incurred.
B.
If the building is removed or demolished by the public
officer, he shall sell the materials of such building. The officer shall credit
against the cost of the removal or demolition of the building the proceeds
of any sale of such materials or any sum derived from any contract for the
removal or demolition of the building.
C.
If there are no such credits or if the sum total of such
costs exceeds the total of such credits, a detailed statement of the aforesaid
costs and the amount so due shall be filed with the Municipal Tax Assessor
or the custodian of the records of tax liens, and a copy thereof shall be
forthwith forwarded to the owner by registered or certified mail.
D.
If the total of the credits exceeds such costs, the balance,
if any, remaining shall be deposited by the public officer in the Superior
Court of New Jersey and shall be secured in such manner as may be directed
by such Court. The said deposit shall be disbursed according to the order
or judgment of the Court to the persons found to be entitled thereto by final
order or judgment of such Court.
E.
Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in a summary manner
in the Superior Court to contest the reasonableness of the amount or the accuracy
of the costs set forth in the municipal lien certificate.
F.
Nothing in this section or in the preceding sections
of this chapter shall be construed to impair or limit in any way the power
of the Borough to define and declare nuisances and to cause their removal
or abatement, by summary proceedings or otherwise.
Any person aggrieved by the decision or any order of the public officer
may seek relief therefrom in any court of competent jurisdiction, as provided
by the laws of this state.
A.
It shall be the duty and responsibility of the owner:
(1)
To keep every dwelling and every part thereof, including
the roof, walls, floors, provide carpeting, ceilings, attics, halls, stairs,
stairways, porches, plumbing providing heating plants and provided fixtures
and equipment for heating water, including chimneys and pipes, doors, windows,
foundations and rubbish containers, in a state of sound repair and in a clean
and sanitary condition.
(2)
To maintain such dwelling so there will not be excessive
heat loss caused by lack of or improper maintenance of the doors, windows,
walls, roofs or other parts of the building.
(3)
To refrain from shutting off or causing to have discontinued
or disconnected provided utilities for any occupied dwelling, except where
such interruption of utility service is necessary while in the actual process
of making repairs or during temporary emergencies for which repairs are being
arranged.
(4)
To keep the basement or cellar dry and ventilated. The
floors of such basement or cellar shall be paved with brick, cement, tile,
asphalt or some other impervious material. The side walls and ceilings of
every basement and cellar shall be kept free from dampness. The basement or
other cellar shall be kept clean and free from any accumulation of filth,
ashes, garbage, rubbish, refuse, junk, soil matter, wood, paper and other
combustible or putrefactive matter, and if not, and inquest therefor is made
by the Health Officer or his agent, the cellar shall be cleaned and disinfected.
The use of any cellar for sleeping purposes is prohibited.
(5)
To keep side walls and ceilings of such dwellings, dwelling
unit and every habitable room, hall, closet and compartment clean and sufficiently
well plastered, painted or papered so that the same may have clean, smooth
and washable surfaces.
(6)
To keep the flooring of the halls, stairs and landings
clean and free from filth, ashes, garbage, rubbish, refuse, junk, soil water,
drainage water, slop, wood, paper and other material of a putrefactive or
combustible nature and free from fire and accident hazards.
(7)
To keep the porches, stairways, landings, steps, floors,
fire escapes, courts, yards, alleys, areaways, passageways, and all surrounding
exterior surfaces of any dwelling free from any accumulation of filth, ashes,
garbage, refuse, junk, paper, wood, soil matter, waste matter, drainage and
other material of a combustible or putrefactive nature. Such places shall
at all times be kept free from fire and accident hazards.
(8)
In every dwelling in which the owner does not reside,
to provide for a janitor, caretaker, housekeeper or other person designated
by the owner, who shall at all times keep the court, yard, alley, areaway,
sidewalk and other exterior surfaces clean and free from any accumulation
of waste material. Garbage and all waste material shall be removed from such
dwelling premises at regular intervals and at the convenience and collection
schedule of the garbage removal agency of the Borough.
(9)
To maintain and keep chimneys, smokestacks, smokepipes
and flues and provided heating equipment of such dwelling free form defects
and in such condition as to prevent coal or illuminating gas, soot, smoke
or noxious fumes or odors from entering such dwelling, dwelling unit or habitable
rooms or any dwelling or dwelling unit adjacent thereto.
(10)
To keep the roof, gutters, leaders, side walls, windows
and window frames of such dwelling and every part thereof structurally sound
and free from leakage of rainwater. All drainage therefrom shall be conveyed
so as to prevent the dripping of such water upon the ground or onto property
adjacent thereto.
(11)
To make and maintain the dwelling reasonably verminproof
and rodentproof and to exterminate same. 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.
(12)
To keep and maintain structurally sound and free from
any defects the exterior of the dwelling and the masonry walls, clapboards,
sheeting, shingles, exterior studs, main cornices, foundation wall, wood sills,
corner posts, wood plates, supporting rafters, roofing boards and coverings;
the stoops and porches, flooring, railing, stair treads; the risers, posts,
handrails, balustrades and newels; window sash frames, sills, stools, and
apron; the doors and door frames; the fire escape, floorings, railings, ladders,
passageways, weights, chains, basket and stairs; and the joists and crossbeams
of any dwellings and parts thereof of frame construction and parts subject
to erosion and deterioration. Foundation walls shall be kept structurally
sound and free from any defects.
(13)
Not to permit any room in any dwelling to be used for
sleeping purposes by one occupant if it contains less than 70 square feet
of floor space nor any room to be occupied for sleeping purposes by more than
one occupant if it contains less than 50 square feet of floor space for each
occupant thereof.
(14)
To provide in every room and hall in every dwelling a
window or skylight opening directly to the outer air. The total area of such
window or skylight shall not be less than 10% of the floor area of such room.
All windows and skylights shall be enclosed with glass and shall be provided
with suitable hardware and sash cords and made to open to the extent of 5%
of the floor area. Every dwelling, habitable room and hall shall be equipped
with a safe, artificial lighting service, and all electrical wiring outlets
and fixtures thereof shall be installed and maintained in accordance with
the provisions of this chapter.
(15)
In every tenancy where the owner has furnished or has
agreed to furnish window or door screens, or either, as a preventative against
fly and mosquito infestation, to keep such screening in good and serviceable
condition for the benefit of the occupant.
(16)
In all dwellings to be hereafter constructed, to provide
the occupant of every dwelling with adequate window and door screens and to
maintain the same at all times in good and serviceable condition.
(17)
In dwellings containing four or more dwelling units,
to furnish such receptacles outside the rooming units as are needed for the
storage of garbage and rubbish until removed from the premises.
B.
The exterior of every building, structure or appurtenance
thereto shall be maintained in good repair, and all exterior surfaces thereof
shall be kept painted or otherwise provided with a protective treatment where
necessary for the purposes of preservation and appearance. All exterior surfaces
thereof shall be and shall be kept and maintained free from broken glass,
loose shingles or siding, crumbling masonry, excessively peeling paint or
other condition reflective of deterioration or inadequate maintenance, to
the end that the property itself may be preserved, safety and fire hazards
eliminated and adjoining properties and the neighborhood protected from blighting
influence.
No person shall occupy or let to another for occupancy any building
unit for use for nonresidential or other than dwelling purposes which does
not comply with the following requirements:
A.
The premises, both interior and exterior, shall be and
shall be kept and maintained free of litter (including, without limiting the
generality of the foregoing, discarded, wind-blown, deposited or dropped or
strewn paper, wrappings, cardboard, bottles, cans, boxes and broken glass),
free of all foreign materials defacing any surface thereof, free of any nuisances
or hazards as the same are defined in this chapter and free of unsanitary
conditions, it being hereby required that any of the foregoing shall be promptly
removed and abated.
B.
The exterior of the premises shall be and shall be kept
and maintained so that the appearance thereof shall reflect a level of maintenance
in keeping with the standards of the neighborhood or such higher standards
as may be adopted by the Borough of Haledon and such that the appearance thereof
shall not constitute a blighting effect upon neighboring properties nor an
element leading to a progressive deterioration and downgrading of neighboring
properties with an accompanying diminution of property values, including the
following:
(1)
There shall not be stored or used at a location visible from the street, sidewalks or other public areas or exposed to public view any equipment and/or materials relating to commercial or industrial uses unless permitted under Chapter 405, Zoning, for the premises.
(2)
The landscaping of premises shall be and shall be kept
and maintained in an orderly state with lawns and bushes trimmed and free
from becoming overgrown, littered and unsightly where such would constitute
a blighting effect, depreciating adjoining and nearby property. Open areas
shall be graded to eliminate holes, depressions, gullies, mounds, accumulators
of debris or other unsightly or unsafe conditions. Walkways and driveways
shall be and shall be maintained unobstructed and free of holes, depressions
and gullies.
(3)
All permanent signs and billboards exposed to public view permitted by Chapter 405, Zoning, and regulated by the Building Code[1] and Chapter 405 or other regulations or as a lawful nonconforming use shall be and shall be kept and maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
(4)
All windows exposed to public view shall be and shall
be kept and maintained clean and free of marks and foreign substances. Except
when necessary in the course of changing displays, no storage of materials,
stock or inventory shall be permitted in window display areas ordinarily exposed
to public view unless such areas are first screened by drapes, Venetian blinds
or other means of making the windows translucent. All screening of interiors
shall be maintained in a clean and attractive manner and in a good state of
repair.
(5)
Except for "for rent" signs, any temporary sign or other
advertising material glued or otherwise attached to a window or otherwise
exposed to public view shall be removed at the expiration of the event or
sale for which it was erected or posted or within 30 days after it was erected
or posted, whichever shall have occurred sooner.
(6)
Not more than 10% of the area of any window shall at
any given time be used for the display of any sign or signs or other advertising
or printed material glued or otherwise attached to the said window.
(7)
All storefronts and the exteriors of all buildings shall
be and shall be kept and maintained in good repair and painted, where required,
or otherwise provided with protective treatment sufficient to prevent deterioration,
and shall not constitute a safety hazard or nuisance. In the event repairs
to a storefront become necessary, such repairs shall be made in harmony with
the original design, with the same materials or materials of appearance similar
to those used in the construction of the storefront in such a manner as permanently
to repair the damaged area or areas.
(8)
Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion of the premises
shall be and shall be kept and maintained in good repair and shall be so maintained
as not to constitute a nuisance or hazard. In the event any such awning or
marquee is not properly maintained in accordance with the foregoing, it shall,
together with its supporting members, be removed forthwith. In the event any
such awning or marquee is made of cloth, plastic or of similar materials,
said materials, where exposed to public view, shall be maintained in good
condition and shall not show evidence of excessive weathering, discoloration,
ripping, tearing or other deterioration. Nothing herein shall be construed
to authorize any encroachment of an awning, marquee or its accompanying structural
members on streets, sidewalks or other parts of the public domain.
(9)
No temporary painting scaffold or other temporary equipment
used for construction, repair or maintenance shall be permitted to remain
in place after completion of work or beyond a period of three months after
erection or placement thereof without permission of the public officer.
C.
The exterior of every building, structure or appurtenance
thereto shall be maintained in good repair, and all exterior surfaces thereof
shall be kept painted or otherwise provided with a protective treatment where
necessary for purposes of preservation and appearance. All exterior surfaces
thereof shall be and shall be kept and maintained free from broken glass,
loose shingles or siding, crumbling masonry, excessively peeling paint or
other condition reflective of deterioration or inadequate maintenance, to
the end that the property itself may be preserved, safety and fire hazards
eliminated and adjoining properties and the neighborhood protected from blighting
influence.
D.
Any means of access to the roof of any building shall
be and shall be kept and maintained in good condition and repair, and the
public officer, upon determining that access to the roof or the means of any
such access has become dangerous to life or limb by reason of the condition
of the roof, lack of railings, inadequate parapets, loose materials or other
conditions creating a hazard, may direct the owner or operator of the premises
to lock or otherwise bar access to the roof; provided, however, that the public
officer shall first have determined that such action will not block necessary
fire escape routes or access by the Fire Department in case of emergency.
E.
Floors shall be and be kept and maintained in a structurally
sound condition, capable of safely bearing imposed loads, and shall be maintained
at all times in a condition so as to be free of hazards.
F.
Bathroom and water closet compartment floors shall be
surfaced with water-resistant material and shall be and be kept and maintained
in a dry, clean and sanitary condition at all times.
G.
Supporting structural members shall be and be kept and
maintained structurally sound, free from deterioration and capable of safely
bearing imposed loads.
H.
Storage bins, rooms and areas shall be and be kept and
maintained free of accumulated garbage and rubbish unless:
(1)
Such rubbish is stored in watertight receptacles of metal
or other material approved by the enforcing officer and provided with tight-fitting
covers.
(2)
Such storage bins, rooms and areas are of smooth, easily
cleanable construction and are kept in a sanitary condition.
No person shall occupy or let to another for occupancy any building
or occupancy unit for use for nonresidential or other than dwelling purposes
which does not comply with the following requirements:
A.
Every building shall be provided with electric service,
where required, in accordance with the standards of the National Electrical
Code, as amended from time to time.
B.
Every bathroom and water closet compartment shall be
provided with permanently installed and operating artificial lighting fixtures
with switches and wall plates so located and maintained that there is no danger
of electrical shock from a simultaneous contact with a water supply fixture.
C.
Maximum fuse sizes as specified by the National Electrical
Code, as amended from time to time, shall be posted conspicuously on the inside
of all fuse boxes and no fuse shall be installed therein in excess of the
stated maximum. Owners and operators shall not be held responsible for violations
in fuse sizes where the correct maximum size is stated and the box is located
within any part of the building which is the exclusive possession of an occupant
or occupants other than the owner.
D.
In buildings containing not more than four occupancy
units, it shall be the responsibility of each of the occupants, and in buildings
containing more than four occupancy units, it shall be the responsibility
of the owner or operator, to furnish such receptacles as are needed for the
proper temporary storage of garbage and rubbish pending removal thereof from
the premises, and it shall be the duty and responsibility of the owner or
operator to provide for the periodic removal of all garbage and rubbish from
the premises in accordance with the requirements and ordinances of the Borough
of Haledon.
Except as may be otherwise provided in any such section, it shall be the duty and responsibility of the owner or operator to keep and maintain any commercial, business, industrial or nonresidential premises in the Borough of Haledon in such state or condition that the same shall comply with the requirements of §§ 120-9 and 120-10 of this chapter, and no owner or operator shall be relieved from such duty and responsibility by reason of the fact that the occupant also is or may be responsible therefor and in violation of any provision of said sections.
Complaints or orders issued by the public officer pursuant to this chapter
shall be served upon persons either personally or by registered mail, but
if the whereabouts of such persons is unknown and the same cannot be ascertained
by the public officer in the exercise of reasonable diligence, and the public
officer shall make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once each week
for two successive weeks in a newspaper printed and published in the municipality,
or, in the absence of such newspaper, in one printed and published in the
county and circulating in the Borough. A copy of such complaint or order shall
be duly recorded or lodged for record with the county register of deeds and
mortgages.
Whenever the public officer finds that an emergency exists which requires
immediate action to protect the public health or safety, he may without notice
of hearing, issue an order reciting the existence of such emergency and requiring
that such action be taken as he 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 public officer, shall be accorded a hearing as soon
as possible. After such hearing, depending on his findings as to whether the
provisions of this chapter have been complied with, the public officer shall
continue such order in effect, or modify it or revoke it.
[Amended 9-11-1991 by Ord. No. 8-14-91E]
A.
The Fire Safety Bureau is hereby authorized and directed
to make such inspections, both exterior and interior, as may be necessary
to determine the conditions of dwellings, dwelling units, rooming units, buildings,
occupancy units and premises located within the Borough in order that it may
perform its duty of safeguarding the health and safety of the occupants thereof
and of the general public. The Fire Safety Bureau is hereby directed to conduct
any such inspection in the manner required by law. Every occupant of a dwelling,
dwelling unit, rooming unit, building, occupancy unit or premises shall give
the owner thereof or his agent or employee access thereto 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 any lawful order
issued pursuant to the provisions of this chapter.
B.
The Haledon Fire Safety Bureau shall be responsible for
the inspection of all multiple-family dwellings of three families or more,
said premises to be inspected in accordance with the New Jersey Administrative
Code. The Haledon Fire Safety Bureau shall charge a fee of $100 for each inspection.
[Amended 8-13-1997 by Ord. No. 7-9-97G]
The public officer is hereby authorized to exercise such powers as may
be necessary or convenient to carry out and effectuate the purposes and provisions
of this chapter, including the following powers in addition to others herein
granted:
A.
In any case where a provision of this chapter is found
to be in conflict with the provision of any zoning, building, fire, safety
or health ordinance or code of the Borough, the provision which establishes
the higher standard for the promotion and protection of the health and safety
of the people shall prevail.
B.
In any case where a provision of this chapter is found
to be in conflict with a provision of any other ordinance or code of the Borough
which establishes a lower standard for the promotion and protection of health
and safety of the people, the provisions of this chapter shall be deemed to
prevail, and such other ordinances or codes are hereby declared to be repealed
to the extent that they may be found in conflict with this chapter.
[Amended 6-13-1984 by Ord. No. 5-9-84F]
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall, upon conviction, be punished by a fine not exceeding
$500 or by imprisonment in the county jail for a period not exceeding 90 days,
or by both such fine and imprisonment. Each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
