[Ord. No. 1329, § 1]
This chapter shall be known as the "Property Maintenance Code
of the Township of Teaneck" and may be referred to in this chapter
in the short form as the "Property Maintenance Code" or as "this code."
[Ord. No. 1329, § 1]
It is hereby found and declared that there exist in the Township
structures which are, or may become in the future, substandard with
respect to structural integrity, equipment or maintenance, or further
that such conditions, including but not limited to structural deterioration,
lack of maintenance of exterior premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential facilities and utilities, existence of fire
hazards, inadequate provisions for light and air, insanitary conditions
and overcrowding, constitute a menace to the health, safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the Township. It is further found and declared that, by reason of
lack of maintenance and progressive deterioration, certain properties
have the further effect of creating blighting conditions and initiating
slums, and that if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of dwellings and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
[Ord. No. 1329, § 1]
The purpose of this code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
conditions of occupancy and maintenance of premises; to establish
minimum standards governing utilities and other physical components
and conditions essential to make structures fit for human habitation
and occupancy; to fix certain responsibilities and duties upon owners
and operators, and distinct and separate responsibilities and duties
upon occupants of buildings; to authorize and establish procedures
for the inspection of dwellings and other buildings; to fix penalties
for the violations of this code; to provide for the right of access
across adjoining premises to permit repairs; and to provide for the
repair, demolition or vacation of dwellings or other buildings unfit
for human habitation. This code is hereby declared to be remedial
and essential for the public interest, and it is intended that this
code be liberally construed to effectuate the purposes as stated herein.
[Ord. No. 1329, § 2; amended by Ord. No. 3463, 6-25-1996, § 1]
(a)Â
ACCESSORY STRUCTURE
BASEMENT
BATHROOM
CELLAR
CHILD-PROTECTION WINDOW GUARD or WINDOW GUARD
DETERIORATION
DWELLING
(1)Â
(2)Â
(3)Â
(4)Â
EMANCIPATED MINOR
EXTERIOR OF THE PREMISES
EXTERMINATION
FAMILY
FIRE CHIEF
FIRE HAZARD
GARBAGE
HABITABLE ROOMS
HEALTH OFFICER
HOUSING INSPECTORS
INFESTATION
KITCHEN
NUISANCE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
OCCUPANT
OPERATOR
OWNER
PLUMBING
PREMISES
PUBLIC OFFICERS
REFUSE
REGISTERED MAIL
ROOM
ROOMING UNIT
RUBBISH
SANITARY SEWER
SEWAGE
STORY
STRUCTURE
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
WATER CLOSET COMPARTMENT
WEATHERING
WINDOW GUARD
The
following terms, wherever used herein or referred to in this code,
shall have the respective meanings assigned to them unless a different
meaning clearly appears from the context:
A building which is customarily used as an incidental building
to a principal building, and located on the same lot with such principal
building, excluding, however, any structure which is attached to a
principal building.
A portion of a building partly but not more than 1/2 below
the level of the grade. It shall be counted as a story in determining
the height of a building.
Enclosed space containing one or more bathtubs, showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
A portion of a building more than 1/2 below the level of
the grade. It shall not be counted as a story in determining the height
of a building.
A bar, screen or grille assembly designed to be installed
in a window for the purpose of preventing accidental fall or ejection
of a child through the window.
The condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Any building which was or is wholly or partly used or intended
to be used for living or sleeping quarters by human occupants.
DWELLING UNITAny room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
MULTIPLE DWELLINGAny dwelling containing three or more dwelling units.
SINGLE-FAMILY DWELLINGA building designed for and occupied exclusively by not more than one family.
TWO-FAMILY DWELLINGA building designed for and occupied exclusively by not more than two families.
Any person under the age of 21 who is gainfully employed
and self-supporting or who is married to a spouse who is gainfully
employed and who supports the minor or who is a student living away
from home and in regular attendance at an institution of higher learning.
Open space on the premises outside of any building thereon.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places; by removing or making inaccessible
material that may serve as their food; by poisoning, spraying, fumigating,
or trapping; or by any other approved means of pest elimination.
One or more persons who live together in one dwelling unit
and maintain a common household, and who are related by blood, marriage
or adoption. For the purpose of this chapter, a family includes only
a husband and wife, son, son-in-law, daughter, daughter-in-law, father,
father-in-law, mother, mother-in-law, brothers and sisters, grandparents,
grandchildren, stepchildren and adopted children, and bona fide family
servants living in and working full time on the premises.
The Fire Chief of the Township of Teaneck.
(Also see "nuisance.") Anything or any act which increases
or may cause an increase of the hazard or menace of fire to a greater
degree than that customarily recognized as normal by persons in the
public service of preventing, suppressing or extinguishing fire; or
which may obstruct, delay or hinder, or may become the cause of an
obstruction, a delay, a hazard or a hindrance, to the prevention,
suppression or extinguishment of fire.
(See also "refuse" and "rubbish.") Putrescible animal and
vegetable waste resulting from the handling, preparation, cooking
and consumption of food.
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
and utility rooms. Other rooms or spaces that are not used frequently
or for an extended period or that have less than 70 square feet of
floor area shall not be considered as habitable rooms.
The Health Officer of the Township of Teaneck.
All officials, officers or employees of the Township of Teaneck
entrusted with the enforcement of this code.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
A portion of a dwelling unit designed or used for cooking
and eating. Stove, refrigerator, sink or cabinets must occupy at least
16 square feet of such kitchen area.
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the state, or the ordinances of
the Township.
Any attractive nuisance which may prove detrimental to the health
or safety of persons, whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound structures,
lumber, trash, fences, debris or vegetation such as poison ivy, oak
or sumac, which may prove a hazard for inquisitive persons.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exists.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation, or illumination in violation of this
code.
Inadequate or insanitary sewage or plumbing facilities in violation
of this code.
Insanitary conditions or anything dangerous to health, in violation
of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person living, sleeping or having actual possession of
a business, dwelling unit or rooming unit.
Any person who has charge, care or control of a dwelling,
whether with or without the knowledge and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control of any dwelling or dwelling unit, as owner or agent of
the owner, or as executor, executrix, administratrix, trustee, receiver,
or guardian of the estate, or as a mortgagee in possession regardless
of how such possession was obtained. Any person who is a lessee subletting
or reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or assigned by such lessee.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines, and water pipes and
lines utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon.
The Health Officer, the Assistant Health Officer, the Chief
of the Fire Department and the Construction Official of the Township
of Teaneck and such officials as they may designate to act on their
behalf.
(Also see "garbage" and "rubbish.") All putrescible and nonputrescible
solid wastes (except body wastes), including but not limited to garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
Registered mail or certified mail.
Space in an enclosed building, or space set apart by a partition
or partitions, and any space in a building used or intended to be
used as a bedroom, dining room, living room, kitchen, sewing room,
library, den, music room, dressing room, enclosed sleeping porch,
sunroom, party room, recreation room, breakfast room, study, storage
room and similar uses.
Any room or group of rooms forming a single habitable unit
other than a dwelling unit, which is rented or available for rent
for sleeping purposes, without cooking facilities.
(Also see "garbage" and "refuse.") Nonputrescible solid wastes
consisting of both combustible and noncombustible wastes, such as
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery, and similar materials.
Any sanitary sewer owned, operated and maintained by the
Township of Teaneck and available for public use for the disposal
of sewage.
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
That area of a structure comprised between a floor and a
floor or roof next above. No such area shall be considered a story
if of less than seven feet average height. Any such area of less than
seven feet average height shall be considered a 1/2 story.
That which is built or constructed, or any piece of work
artificially built or composed of parts joined together in some definite
manner, the use of which requires more or less permanent location
on or in the ground. The word "structure" shall be construed as if
followed by the words "or part thereof" and shall be construed to
include a building or buildings.
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, or louvers.
Enclosed space containing one or more toilets which may also
contain one or more lavatories, urinals and other plumbing fixtures.
Deterioration, decay or damage, caused by exposure to the
elements.
See "child-protection window guard."
(b)Â
Meaning
of certain words. Whenever the words "accessory structure," "building,"
"dwelling," "dwelling unit," or "structure," are used in this code
they shall be construed, unless expressly stated to the contrary,
to include the plurals of these words and as if they were followed
by the words "or any part thereof." The word "shall" shall be applied
retroactively as well as prospectively.
[Ord. No. 1329, § 3]
(a)Â
Every
building and the premises on which it is situated in the Township,
used or intended to be used for human occupancy or habitation, shall
comply with the provisions of this code whether or not such building
shall have been constructed, altered or repaired before or after the
enactment of this code and irrespective of any permits or licenses
which shall have been issued for the use or occupancy of the building
or premises, for the construction or repair of the building, or for
the installation or repair of equipment or facilities prior to the
effective date of this code. This code establishes minimum standards
for the initial and continued occupancy of all buildings and does
not replace or modify standards otherwise established for the construction,
repair, alteration or use of the building, equipment or facilities
contained therein, except as provided elsewhere in this code.
(b)Â
Where
there is a building with mixed occupancy, any rooming unit or dwelling
unit therein shall be nevertheless regulated by and subject to the
provisions of this code.
[Ord. No. 1329, § 3; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
In any case where provisions of this code impose a higher standard
than that set forth in any other ordinance of the Township or the
laws of the state, then the standard as set forth herein shall prevail.
If the provisions of this code impose a lower standard than any other
ordinance of the Township or the laws of the state, then the higher
standard contained in any other such ordinance or law shall prevail.
[Ord. No. 1329, § 3; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
After the date of enactment hereof, all licenses and permits
shall, where this code is applicable, be issued upon compliance with
this code as well as compliance with the ordinance under which such
licenses and permits are granted.
[Ord. No. 1329, § 3]
No license or permit or other certification of compliance with
this code shall constitute a defense against any violation of any
other ordinance of the Township applicable to any structure or premises,
nor shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision nor any official of the
Township from enforcing any such other provision.
