[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 7-16-2008 by Ord. No. 1945-08. Amendments noted
where applicable.]
The following terms, when used in this chapter, shall have the
following meanings:
Any building together with related structures, accessory
buildings and land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single-room occupancy, exclusive of any unit occupied by the owner,
and wherein personal or financial services are provided to the residents,
including any residential hotel or congregate living arrangement,
but excluding any resource family home, community residence for the
developmentally disabled, or mentally ill, adult family home, nursing
home, assisted living facility or an owner-occupied one-family residential
dwelling made available for occupancy by not more than six guests
where the primary purpose of the occupancy is to provide charitable
assistance to the guest where the owner derives no income from the
occupancy. For purposes of this chapter, owner-occupied shall include
a dwelling owned or occupied by a religious or charitable organization
and is used as the principal residence of the minister or employee
of that organization.
The individual or individuals responsible for daily operations
of the boarding or rooming house.
A boarding house where no personal or financial services
are provided to the residents.
An arrangement of dwelling units which does not provide a
private, secure dwelling space arranged for independent living, which
contains both the sanitary and cooking facilities required in dwelling
spaces as defined at N.J.S.A. 55:13A-1 et seq.
Any room, rooms, suite or portion thereof, whether furnished
or not, which is occupied or intended, arranged and designed to be
occupied for sleeping or dwelling purposes by one or more persons.
A.
As of the effective day of this chapter, no property or portion thereof
and no structure or building may be used as a rooming house or a boarding
house.
B.
Nothing contained herein shall prevent or be deemed to prohibit use
of any property or structure as a family resource home, community
home for the developmentally disabled or mentally ill, adult family
home, assisted living facility, nursing home or home designed for
charitable assistance as defined herein, subject, nevertheless, to
any other statute, regulation or ordinance pertaining to such use.
C.
Any rooming house or boarding house existing as of the effective
date of this chapter shall be deemed a nonconforming use and may continue
in use only in conformity with this chapter.
No person may operate a rooming house or boarding house in any
preexisting location in the Borough of Hawthorne without first obtaining
a license therefor issued through the office of the Borough Clerk.
All licenses issued shall expire on the last day of each calendar year and shall be renewable annually. The fee for renewal shall be as set forth in Chapter 220, Fees.
A.
All applications for renewal of a license shall be subject to inspection
of the premises by the Health Officer, Chief of the Fire Department
and Building Inspector for inspection and report. No license shall
be renewed absent certification that no violations of the Health Code,
Fire Code, Building Code or other applicable code exist.
B.
The Health Officer, Fire Chief, Fire Inspector and Building Inspector,
or their respective authorized agents, are authorized to make periodic
inspections to determine the condition of any rooming house or boarding
house, including inspection of the house and each individual room.
Free access shall be permitted by the owner and any occupant at all
times.
The Municipal Council of the Borough of Hawthorne may, after
reasonable notice and on opportunity to be heard, revoke or suspend
any license issued hereunder for failure of the owner or operator
of the premises to comply with any requirements of this chapter. Nothing,
however, shall prevent any duly authorized health, life safety or
building officer from taking immediate action to protect the health
or safety of persons or property.
No person shall occupy, nor shall any owner or operator permit
occupancy of any premises not having a current license and not meeting
all applicable health, life safety or building codes. In addition,
any boarding or rooming house must meet the following minimum requirements:
A.
Every room used for sleeping purposes shall contain no less than
100 square feet for one person and an additional 60 square feet for
each additional occupant. No more than four persons shall occupy any
one unit.
B.
Rooms shall be arranged so that each has a separate entrance from
a common access point and none are accessed solely from another room
or bathroom facility. Each room shall have access to either a separate
bathroom facility within the room or a shared bathroom facility accessible
from a common access point.
C.
Each room used for sleeping purposes shall have a height of not less
than seven feet. Each such room and bathroom shall have at least one
window facing directly outdoors, easily opened and closed, and of
dimension sufficient to permit emergency egress.
D.
No basement may be used as habitable space.
E.
No attic may be used as habitable space.
F.
A toilet and hot and cold running water shall be made available at
all times to each occupant.
G.
No cooking facilities shall be provided and no cooking may take place
in any rented room.
H.
Clean towels and bed linens shall be provided to each room upon occupancy
and at least twice per week thereafter.
I.
Handicapped accessibility shall be provided in accordance with law.
The operator of any boarding or rooming house shall keep a record
of all occupants, including a name, most recent address, forwarding
address and emergency notification information during occupancy and
for at least two years thereafter. Such shall be made readily available
to the Health Officer, Fire Chief, Building Inspector or their respective
designees at all times.
This chapter may be enforced by all persons designated herein
as well as any police officer of the Borough of Hawthorne.
Nothing herein shall apply to any apartment house containing
two or more units, each having a separate and individual bathroom
facility and kitchen, and each designed for one-family occupancy.
Any person violating any provision of this chapter shall, upon
conviction, in addition to any other penalty or remedy authorized,
be subject to payment of a fine not to exceed $2,000 or imprisonment
of a term not to exceed 90 days or the requirement to perform community
service for not more than 90 days or any combination thereof. Such
shall not preclude prosecution under any other statute or ordinance
for any other offense related to the occupancy of a dwelling unit.
