[Adopted 6-15-2009 by Ord. No. 09-19]
As used in this article, the following terms shall have the
meanings indicated:
Any room in a dwelling used principally for sleeping purposes, irrespective of whether the room may be utilized for other purposes as well, and being in full compliance with § 189-14, Bedroom requirements.
One or more rooms designed to be occupied or intended as
separate living quarters, with one kitchen and sleeping and sanitary
facilities provided completed within the dwelling unit for the exclusive
use of a single family.
A space used for living or sleeping, with kitchens, bathrooms,
toilet rooms, closets, halls, storage and utility areas being considered
nonhabitable spaces for the purposes of this article.
Any individual above six years of age living or sleeping
in a building or portion thereof which is the individual's primary
residence.
A.Â
A bedroom, as the same is defined hereinabove, must provide minimum
living space of 80 square feet for the first occupant of the bedroom
and an additional 60 square feet for each additional occupant. The
area requirements referenced herein shall be calculated as habitable
space only as the same is defined herein. Nonhabitable areas shall
not be included in calculating the minimum square footage required
hereunder.
B.Â
Bedrooms shall comply with the requirements of N.J.A.C. 5:23 of the
Uniform Construction Code and its adopted standards and must include
sufficient light, ventilation, heating, electrical requirements, means
of ingress and means of emergency escape requirements and smoke and
carbon monoxide detectors as required by local, state or federal laws
or regulations.
C.Â
Bedrooms must not constitute the only access to other bedrooms or
habitable spaces and shall not serve as the only means of ingress
from other habitable spaces; provided, however, that in units that
contain not more than three bedrooms, access to another bedroom or
habitable space and egress from the habitable space may be accomplished
through not more than one bedroom.
A.Â
Prohibited occupancy. Spaces within a unit determined to be nonhabitable
areas shall not be used for sleeping purposes, and no person shall
occupy a space for sleeping or living purposes other than habitable
space as defined herein.
B.Â
Overcrowding. Dwelling units shall not be occupied by more persons than may be permitted by the minimum area requirement of § 189-14 hereof.
C.Â
Any tenant that permits a prohibited occupancy and the overcrowding
of a habitable area as defined herein shall be in violation of this
article.
D.Â
Any landlord who permits, suffers or allows the tenancy or overcrowding
of any bedroom as defined herein shall be guilty of a violation of
this article.
The Construction Code Official and the Fire Official/Fire Marshal/Fire
Code Official shall be responsible for the enforcement of the provisions
of this article.
A.Â
The person or entity violating the terms and conditions of this article
shall be subject to a minimum fine of $500 for the first violation
and $1,000 for each violation occurring thereafter. Each day a violation
is permitted to continue shall constitute a separate violation within
the terms hereof.
B.Â
In addition to the penalties provided for hereinabove, the Township
of Clark, upon a finding of a violation of this article, shall have
the right to bring an action in the Superior Court of New Jersey to
abate the violation in a summary fashion, and all fees and expenses
in connection with any such application shall become a lien on the
property which is the subject of the litigation. Prior to the filing
of any such litigation, the Construction Code Official or Fire Official/Fire
Marshal/Fire Code Official shall give written notice to the tenant
and landlord of the Township's intention to proceed, unless the tenant
or landlord causes the violation to be abated within 30 days of the
date of such notice. The notice shall contain a statement setting
forth:
(1)Â
The address and apartment number at which the violation exists;
(2)Â
The name and address of the owner of the property;
(3)Â
The name and address of the tenant of the property;
(4)Â
A statement describing the violation;
(5)Â
That said violation is to be corrected or abated within 30 days from
the date of said notice; and
(6)Â
If such violation is not abated, the Township will bring a summary
action in the Superior Court of New Jersey, Law Division, Union County,
to abate the same and for counsel fees and costs which shall be charged
as a lien against the property.
C.Â
Each day that a violation occurs or is committed shall constitute
a separate offense.
D.Â
In a circumstance where either the landlord and/or tenant knowingly
violates or suffers the violation of this article by failing to take
appropriate action to cause the same to be complied with, both the
landlord and the tenant shall be subject to the penalties heretofore
provided.