[HISTORY: Adopted by the City Council of the City of Hackensack 9-4-1962 as Article 7 of Ord. No. 771. Sections 66-2, 66-4 through 66-9, 66-14, 66-15, 66-16A, 66-17A and B, 66-19, 66-20, 66-21 and 66-22A and C amended at time of adoption of Code; see Ch. 1, General Provisions, Article I. Other amendments noted where applicable.]
Building construction — See Ch. 70.
Child care facilities — See Ch. 74.
Electrical standards — See Ch. 81.
Exterminators; fumigation; vermin control — See Ch. 84.
Fire prevention — See Ch. 88.
Health and sanitation — See Ch. 97.
Heating and hot water — See Ch. 98.
Housing and property maintenance — See Ch. 100.
Plumbing — See Ch. 123.
Rent control — See Ch. 134.
Tourist lodges and camps — See Ch. 158.
Zoning — See Ch. 175.
No person, firm or corporation shall manage, conduct or operate the business of keeping a rooming house, boardinghouse or nursing home, referred to hereinafter as "establishments subject to licensing," without first securing a license therefor within the time and in the manner herein provided, nor shall any owner permit on premises owned by him the operation of such an establishment without a license.
The application for a license as required herein shall be made in conformity with the provisions of Chapter 107, Licenses and Permits, and shall be made in quadruplicate to the Building, Housing and Land Use Department on forms prescribed by the Building, Housing and Land Use Department, which forms shall require information concerning occupancy standards, including the number of rooms to be used for sleeping, the maximum number of persons which each room in the establishment can accommodate, the location of all such rooms and the types and location of bathrooms, exits and other facilities, and the names and addresses of all persons who will actually be in charge of the management or conduct of the establishment, and whether such establishment is equipped to accommodate persons who are disabled or persons who require special care, and such further data as may be required for the enforcement of this chapter.
All applications shall be accompanied by the required fees.
Where the applicant seeks a license for an establishment based on a claim that the same constitutes a lawful nonconforming use, the applicant shall state in the application the name and address of the owner and operator of the premises as of the date when the use, by reason of the zone change or variance, first became nonconforming, and the number of rooms and number of roomers as of that date.
The application shall be signed by the owner as well as the operator and shall contain a certification of the truth of the information contained therein by both owner and operator. Any false information shall constitute a violation of this chapter and, in addition, grounds for revocation of any license approved pursuant thereto. Any false information rendered knowingly and intentionally may, upon complaint of the Building, Housing and Land Use Department, subject the party rendering it to criminal prosecution.
Except as otherwise provided herein, the term of the license shall be for one year from June 1 to May 31 of the next succeeding year, and such license shall be renewable annually.
The license fee shall be due and payable as of June 1 of each year. Where licenses are issued after December 1, the licensee shall pay 1/2 of the license fee. The license fee shall be as set forth in Chapter 107, Licenses and Permits.
Upon the filing of an application, the Building, Housing and Land Use Department shall transmit one copy to the Building Inspector, one copy to the Fire Chief and one copy to the Health Officer. The original shall be kept on file at all times in the Building, Housing and Land Use Department office. Inspection of the premises for compliance with this chapter, other ordinances of the City of Hackensack or laws of the State of New Jersey shall be conducted in accordance with the regulations of the Building, Housing and Land Use Department. Upon completion of inspections, if the Building, Housing and Land Use Department shall determine and certify that the premises are in compliance, then the license shall be issued forthwith; provided, however, that if action of the Board of Adjustment is required under the Zoning Ordinance, no license shall be issued except in accordance with the provisions of the Zoning Ordinance.
Notwithstanding the provisions of § 66-5, the Building, Housing and Land Use Department may refuse to certify the said application for a license where the operator or any person or persons who shall be in active management of the premises shall be unfit to perform the duties thereof by reason of a record of conviction of a crime or offense involving moral turpitude, gambling or prostitution, alcoholism, illegal possession or use of drugs or narcotics, be a known carrier of a communicable disease or otherwise physically or mentally unfit or unsuited by similar or equivalent circumstance for active management of the premises.
If the Building, Housing and Land Use Department shall determine that the applicant has failed to meet the requirements of this chapter, the requirements of the Health Department, the Building, Housing and Land Use Department and the Fire Department or of any other ordinance of the City of Hackensack or laws of the State of New Jersey, or that the applicant is unqualified pursuant to § 66-6, or upon any suspension or revocation of or failure to renew a license, the Building, Housing and Land Use Department shall send a written notice to the applicant setting forth its reasons therefor. The applicant may thereupon correct any violation and apply for reinspection upon the payment of $10 as a reinspection fee or submit a written request for a hearing to the Building, Housing and Land Use Department, in which request the applicant shall state the facts on which he will base his contention that the Department's determination was in error. The Building, Housing and Land Use Department shall, within 30 days from the receipt thereof, provide a minimum of five days' notice to the applicant of a hearing and render a decision thereon within 10 days thereafter. Where the violation is of a regulation of the Health Department, the hearing shall be before the Health Officer. The Building, Housing and Land Use Department (or, where applicable, the Health Officer) may in such decision affirm or reverse its previous determination or modify its determination and agree to approve the said application or terminate the suspension or revocation upon compliance with specified conditions.
Upon determining that the premises are in violation of this chapter, regulations of the Health Department, Building, Housing and Land Use Department and Fire Department or any other ordinances of the City of Hackensack or the laws of the State of New Jersey, at any time after a license is issued, the Building, Housing and Land Use Department shall require correction of said violation within 10 days by notice in writing to the owner and operator. Upon failure to correct the violation within the time prescribed, the owner and operator shall be liable for the penalties for violations of this chapter as prescribed in § 1-15 of Chapter 1, General Provisions.
In addition thereto, the Building, Housing and Land Use Department may suspend temporarily or conditionally refuse to renew the license issued for the premises upon failure to correct the violations as aforesaid; provided, however, that if the owner or operator requests a hearing, no such suspension shall be effective until after a hearing and determination pursuant to § 66-7, which determination shall state reasonable terms and conditions upon which the suspension shall terminate or renewal shall be granted.
Where there has been a violation or conviction within one year from the date of service of the notice of violation and the violation shall be repeated or remain unabated resulting in a second notice of violation or conviction thereon in the Municipal Court, the Building, Housing and Land Use Department may thereafter permanently revoke the license or refuse renewal thereof without conditions or terms.
Where the provision which has been violated is within the province of the Health Department, the Health Officer shall be substituted for the Building, Housing and Land Use Department herein.
Any license issued hereunder shall cover only the number of occupants and that part of the premises described in the application therefor. Any increase in rooming units or in the number of roomers to be accommodated or in the part of the premises utilized as a rooming house or other structural changes affecting the data contained in the application, or change in the person or persons actually in charge of operating or maintaining the premises, shall require the submission and filing of an amended application containing the additional information as required by the Building, Housing and Land Use Department.
The license issued hereunder shall be nontransferable, and no person other than the licensee shall operate or be permitted by the owner to operate the licensed premises. Where there is to be a change of ownership or operation, application shall be made for a new license.
The applicant shall not be entitled to any refunds of any fees paid hereunder by reason of the rejection of any application, the suspension or revocation of any license or the transfer of ownership or operation of the premises prior to the termination of the license period.
The licensee shall display the license in the vestibule, front hallway or other prominent and public place at or near the front entrance of the building during the entire period for which the license is issued.
The issuance of a license shall constitute a certification that the premises as of the date of issuance comply with this chapter, but shall not be construed to constitute a certification that the premises comply with any other city ordinance or any state law, nor shall it relieve any other official or public agency from enforcing any applicable ordinance or law.
[Amended 4-15-1974 by Ord. No. 1-74]
All such establishments subject to licensing shall keep a register in which there shall be set forth in ink the name and last permanent address and signatures of each occupant, the number of the room to be occupied by each occupant and the name and address of any person or persons to be notified in case of emergency. Said register shall be available at all times to the authorized representative of the Building, Housing and Land Use Department and the Police Chief and Fire Chief of the city. Registration in a false name is prohibited. Beside each registration a notation shall be made to indicate which occupant is a disabled person or person requiring special care.
[Amended 4-15-1974 by Ord. No. 1-74]
Rooming houses and boardinghouses. Occupancy by disabled persons or by persons requiring special care in rooming houses and boardinghouses is hereby prohibited.
Right of Building, Housing and Land Use Department or Health Officer to ascertain physical or mental limitations of occupants. Where the Building, Housing and Land Use Department or the Health Officer has reason to believe that an occupant of an establishment subject to licensing either requires special care or is disabled, the Officer or Department may require that the person produce, within 48 hours, a physician's certificate attesting to the mental or physical condition of said person as it relates to the category in which the occupant is classified, and if the Officer or Department shall determine that said person requires special care and is thereby prohibited from residing in a rooming house or boardinghouse or is disabled, then said person shall vacate the premises and relocate in a suitable and appropriate establishment no later than five days after the issuance of an order directed to the owner or operator and the occupant therefor, and if the condition of the person or circumstances under which he or she resides requires immediate attention, the order shall so specify and a period of less than five days may be prescribed therefor.
Occupancy by minors prohibited. In order to promote the health, safety, welfare and morals of the citizens of the City of Hackensack, the occupancy by a minor, whether emancipated or unemancipated, of any rooming unit in an establishment subject to licensing under this chapter is prohibited. The operator and occupant of the premises in which such occupancy occurs shall be liable hereunder.
[Amended 2-21-1978 by Ord. No. 2-78]
Overcrowding prohibited. Occupancy in excess of the maximum occupancy permitted under Sections H-422.0 and H-423.0 of the BOCA Basic Housing-Property Maintenance Code or the occupancy data set forth in the application under § 66-2 is prohibited.
Bathroom and water closet facilities required. Bathroom and water closet facilities shall be provided for occupants pursuant to Section H-400 of the BOCA Basic Housing-Property Maintenance Code, except as hereinafter provided for nursing homes in § 66-23A. All bathrooms shall be provided with inside locks.
Bedding, bed linen, towels and soap required.
Every operator shall provide for all occupants bedding, mattresses, mattress covers, bed linens, blankets, pillows, towels and soap. All such items shall be kept in a clean and sanitary condition at all times. Fresh, clean bed linens and towels shall be supplied for each new occupant at the commencement of the term of occupancy, and fresh, clean bed linens and towels shall be supplied at least once a week.
Unless laundry service is provided for all occupants, a laundry tub or washing machine shall be accessible to and available for use by all occupants.
Furniture and furnishings. All furniture and furnishings shall be maintained in safe and sound condition, in good repair, and upholstery and coverings shall be kept clean and free of rips and tears. Windows shall be provided, where necessary, with blinds, draw drapes, curtains or shades to provide occupants with privacy.
Person in charge of the premises. There shall be present at and in charge of every establishment subject to licensing a person who is mentally and physically competent to maintain the same in safe and sanitary condition, who shall keep the exterior of the premises and all common interior areas, including but not limited to the landings, stairways, hallways and bathrooms, clean, free from garbage and other refuse and free of infestation, and who shall attend to the daily removal of garbage.
Fire alarm system. Every establishment subject to licensing and having more than five rooms for rent shall be provided with a fire alarm system or device approved by the Underwriters' Laboratory, Inc., or by such other laboratories qualified and equipped for the testing of fire protection equipment or materials as approved by the Building, Housing and Land Use Department and the Fire Chief. The system or device required hereunder shall be maintained in good working order at all times. The alarm shall be provided with a heat-operated device which will automatically set off the fire alarm system and shall be operated by electrical or by self-contained automatic means. Alarm-sounding devices provided shall be distinctive in pitch and shall be of such quality and so distributed on every floor that they shall be effectively heard in case of fire in every room above the usual sound level. Periodic testing shall be required in accordance with regulations of the Building, Housing and Land Use Department, which regulations are to be approved by the Fire Chief.
Directional signs. Every licensed establishment shall have exit signs posted in common hallways visible from the door of every rooming unit, which signs shall indicate the direction of and location of the nearest means of egress. All such signs shall be of a size and color and be illuminated in accordance with the regulations of the Building, Housing and Land Use Department, which regulations are to be approved by the Fire Chief.
Stairway doors to be self-closing. Wherever there are doors or framework for doors which would close off sections of the stairway from common hallways, areaways or other parts of the stairway, such doors shall be equipped with self-closing devices or such framework shall be equipped with doors having self-closing devices.
Storage of combustible materials. Storage of combustible materials and temporarily used or unused household furnishings, bedding, mattresses and similar articles shall only be permitted in enclosed fireproof compartments.
Disposal of combustible materials. All combustible materials shall be disposed of in self-closing metal cans, which shall be provided where needed on the premises for that purpose.
Night lights shall be provided in all common areaways leading to bathrooms as well as in hallways in compliance with Section H-433 of the BOCA Basic Housing-Property Maintenance Code.
There shall be central heating in all establishments subject to licensing, which shall supply adequate heat, as required under Chapter 98, Heating and Hot Water, to all occupied rooming units and to all bathrooms.
Where food is served in any establishment subject to licensing, the license therefor and the maintenance of the establishment pursuant to the license shall be subject to the regulations and requirements of the Sanitary Code as well as this chapter, and shall be supervised by the Health Officer. The Building, Housing and Land Use Department is authorized to enforce any violation determined by the Health Officer to be a violation of this chapter after a notice and hearing.
Fire extinguishers. Portable fire extinguishers of adequate type and size as prescribed by regulations shall be provided and hung in a conspicuous location in each hallway or common areaway, and where the length of such hallway or common areaway exceeds 50 feet there shall be a fire extinguisher for each 50 feet or fraction thereof, located not more than 50 feet apart. There shall be fire extinguishers provided in the kitchen and also in the basement or cellar, which shall be located within 25 feet of any furnace or heating apparatus therein. All fire extinguishers shall be inspected annually and shall further be subject to a test every five years for hydrostatic pressure to determine the capability of the extinguisher to withstand with safety the pressure generated during operation.
Evacuation instructions required. The operator, pursuant to regulations and supervision of the Fire Chief, shall be responsible for instructions to all occupants and employees as to procedure to be followed for fire safety and for orderly emergency evacuation.
Special regulations. Nursing homes shall comply with all the special requirements applicable to boardinghouses and rooming houses in § 66-22.
Violations. All nursing homes shall comply with state laws, and any violation of such laws or regulations thereunder shall constitute a violation of this chapter.