[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 12-18-1974 by Ord. No. C-25. Amendments noted where applicable.]
Dangerous or unfit buildings and dwellings — See Ch. 80.
Apartment certificates of occupancy — See. Ch. 83.
Uniform construction codes — See Ch. 86.
Dwellings; minimum standards — See. Ch. 95.
Fire prevention — See Ch. 101.
Health/Sanitary Code — See Ch. 115.
Maintenance of hotels and multiple dwellings — See Ch. 120.
No person, firm or corporation shall manage, conduct or operate the business of keeping a boardinghouse referred to hereunder as "establishments subject to licensing" without first securing a license therefor within the time and manner 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 submitted in triplicate to the Health Officer on forms supplied by the Department of Public Works, Division of Health and Welfare. The application shall include:
The name and address of the manager and the name and address of the owner, if the manager is not the owner.
The location of the rooming house, including the street and number of each entrance.
The number of rooming units occupied or available for occupancy and the number of persons who may be accommodated in accordance with the occupancy provisions of this chapter and with the provisions of other applicable municipal ordinances and regulations.
The types and locations of bathrooms and exits.
Such other reasonable information as the Health Officer may require on forms provided by him.
All applications shall be accompanied by the required fees hereinafter stated.
Where the applicant seeks a license for an establishment based on a claim that it constitutes a lawful nonconforming use, the applicant shall state in the application the names and addresses of the owner and manager of the premises on 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 manager, and shall contain a certification of the truth of the information contained therein by both owner and manager.
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 Health Officer, subject the party rendering it to prosecution.
Except as otherwise provided herein, the term of the license shall be for one year from March 1 to the last day of February of the next succeeding year and shall be renewable annually.
The license fee shall be due and payable on or before March 1 of each year. Where initial licenses are issued after August 1 in that year, the licensee shall pay 1/2 of the license fee.
The license fee for a boardinghouse as of March 1, 1975, and thereafter shall be $50, plus $3 per rooming unit for each rooming unit in addition to three within a boardinghouse.
Upon filing of an application, the Health Officer immediately shall transmit the original to the City Clerk and one copy to the Fire Chief.
The original shall be kept on file at all times in the City Clerk's office.
The Fire Chief shall make inspections of all boarding houses between January 1 and March 1 of each year and then shall take follow-up action required to make sure all of these establishments subject to licensing are free from fire hazards and comply with all fire laws, ordinances, rules and regulations applicable thereto and designed for fire protection and control. Within two weeks after the applications are filed, the Fire Chief shall indicate officially on each copy of the application whether these buildings and premises for which licenses are sought are in compliance with all pertinent fire legislation and regulations, and shall return said copies to the Health Officer.
Inspection of the premises for compliance with this chapter and all related chapters shall be conducted in accordance with the regulations of the Health Officer, which regulations shall be in writing and duly posted.
Upon completion of inspections, if the Health Officer shall determine that the premises are in compliance, then the license shall be issued forthwith; provided, however, if action of the Board of Adjustment is required under the Zoning Ordinance, no license shall be issued except in accordance with the Zoning Ordinance.
Notwithstanding the provisions of § 158-5, the Health Officer may refuse to certify said application for a license where the manager 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 convictions of a crime involving moral turpitude 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 circumstances for active management of the premises.
If the Health Officer shall determine that the applicant has failed to meet the requirements of this chapter, the requirements of the Department of Fire or of any other ordinance of the City of Hoboken or laws of the State of New Jersey or that the applicant is unqualified pursuant to § 158-6 or upon any suspension, revocation or failure to renew a license, the Health Officer shall send a written notice to the applicant setting forth his 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 Health Officer, in which request, the applicant shall state the reasons for his contention that the Health Officer's determination was in error.
The Health Officer shall, within 30 days from the receipt thereof, provide upon a minimum of five days' notice to the applicant a hearing and render a decision thereon within 10 days thereafter. The Health Officer may, in such decision, affirm or reverse previous determination or modify his determination and agree to approve said application to terminate the suspension or revocation upon compliance with specified conditions.
On or after March 1, 1975, no person shall, as a manager, conduct or operate, or cause to be conducted or operated, or as an owner who is not also a manager knowingly allow others to conduct or operate on premises owned by him, any boardinghouse, without a license as provided herein.
The applicant may operate or conduct a boardinghouse prior to the issuance of a license only if the application is properly completed and filed with the Health Officer as specified in § 158-2, if the boardinghouse has been in continuous operation as such and in full compliance with the Zoning Ordinance and all other applicable ordinances of the City of Hoboken for at least six months prior to January 1, 1975; and until a license is issued by the Health Officer but under no circumstances beyond March 31, 1975.
Upon determining that the premises are in violation of this chapter or any other ordinances of the City of Hoboken or the laws of the State of New Jersey, at any time after a license is issued, the Health Officer shall require correction of said violation within 10 days by notice in writing to the owner and manager.
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 prescribed in § 158-33. In addition thereto, the Health Officer may suspend temporarily or conditionally refuse to renew the license issued for the premises for failure to correct the violations as aforesaid; provided, however, that if the owner or manager requests a hearing, no such suspension shall, be effective until after a hearing and determination pursuant to § 158-7, 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 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 Health Office may thereafter permanently revoke the license or refuse renewal thereof, without conditions or terms.
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 of the part of the premises utilized as a boardinghouse 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 Health Officer.
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 rejection of any application, the suspension or revocation of any license or transfer of ownership or operation or premises prior to the termination of the license-period.
The licensee shall display the license in 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 was 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.
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 signature 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.
Registration under false name is prohibited.
Said register shall be available at all times to the authorized representative of the Health Officer, Police Chief and Fire Chief of the City.
The occupancy of any rooming unit in an establishment, subject to licensing by an unemancipated minor, is hereby prohibited, and the manager and occupant of the premises in which such occupancy occurs shall be liable hereunder.
Occupancy in excess of the maximum occupancy permitted under or the occupancy data set forth in the application under § 158-2 is prohibited.
Bathroom and water closet facilities required.
A bathroom, or bathrooms, which affords privacy to a person inside said room, contains a bathtub or shower, hot water, wash basin and flush water closet, and complies with such other requirements as are set forth elsewhere in this chapter shall be supplied for each six persons or fraction thereof residing within a boardinghouse, except that in an establishment subject to licensing, where rooms are let only to males, flush urinals may be substituted for not more than 1/2 the required number of water closets.
All such facilities shall be so located within the dwelling as to be directly accessible from a common hall or passageway, which is either on the same floor as or is one floor above or below all rooming units it is designed to serve and which hallway is directly accessible to the occupants of all such rooming units without passing through any part of any other rooming unit or dwelling unit.
All bathrooms and water closet compartments shall be provided with inside locks.
Bedding, bed linen, towels and soap required. Every manager 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 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. An approved manual fire alarm system shall be installed with at least one sending station located in the hallway or stairway landing of each story in an accessible position. The alarm system required hereunder shall provide for automatic fire detection in the hallway and stairways on every floor, which shall operate on a heat and/or rate of rise principle, or by smoke and/or of combustion principle. Alarm devices provided shall be distinctive in pitch, shall be of such quality and so distributed on every floor that they shall be effectively heard in every room above the usual sound level. The system shall be maintained in good working order at all times. Periodic testing shall be required in accordance with the regulations of the Hoboken Fire Department. An approved automatic sprinkler system may be used as a substitute for the fire alarm system required hereunder with the approval of the Fire Chief.
Exits. Every sleeping room or dwelling unit above the street floor shall have access to two separate means of exit, at least one of which shall consist of an enclosed interior stairway or an exterior stairway, or a fire escape or horizontal exit, all so arranged as to provide a safe path of travel to the outside of the building. Any sleeping room or dwelling unit below the street floor shall have direct access to the outside of the building.
Manual fire-extinguishing equipment. At least one approved fire extinguisher with at least a 2A rating shall be provided on each floor at the stairway landing.
Directional signs. Every licensed establishment shall have exit signs posted in common hallways visible from the door of every rooming unit, which sign 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 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.
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 prohibited in all common areaways leading to bathrooms, as well as in hallways and all exits.
There shall be central heating in all establishments subject to licensing, which shall supply adequate heat as required in existing ordinances 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 to this chapter.
Editor's Note: As to legislation of the Board of Health, consult Part III of this Code, Board of Health Legislation.
Any person who sells or conveys any dwelling, dwelling unit or boardinghouse located in the City of Hoboken shall include, in or as a part of the agreement or instrument of sale, a copy of any outstanding notice or order issued by the Chief citing violations of the provisions of this chapter or of any rule or regulation promulgated pursuant to all other ordinances thereof, which has not been complied with by or before the date of sale.
A seller or conveyor who violates or fails to conform to the requirements of this section, even if with the consent of the purchaser or transferee, thereby shall be conclusively presumed to have given his warranty that the property being sold or conveyed is in compliance with the provisions of this chapter and the rules or regulations adopted by the Chief for the enforcement and implementation of this chapter at the time and immediately prior, to the sale or conveyance.
Whenever an owner, manager, occupant, prospective purchaser, mortgagee or prospective occupant shall apply to the Health Officer for an inspection in order to ascertain if any section of this chapter has been violated, then the Health Officer shall, upon payment of the fee hereunder stated, cause an inspection to be made of the premises and issue an informational certificate or report of the inspection to the applicant, indicating therein any violations of this chapter on the premises. The applicant for such inspection shall state in writing his full name, residence and the reasons and basis for which the inspection is requested. The Health Officer may deny the application for failure to comply with this requirement.
Where, in lieu of an inspection, an owner, manager, occupant, lessee, prospective purchaser, mortgagee or prospective occupant requests a status report as to whether or not there are any known violations presently pending on said premises, upon payment of the fee prescribed herein, a copy of any notice or order on any violation then pending shall be sent to the applicant.
No inspection report issued under § 158-27 or status report under § 158-28 shall be construed as providing a defense against any violation of this chapter or any other ordinance of the City which may be discovered thereafter, whether or not the condition or violation existed at the time of any such inspection or status report.
The inspection or status report is provided as a convenience to the public and shall not constitute a limitation on the full enforcement of this chapter.
Nothing in this chapter shall be construed or interpreted to, in any way, impair or limit the authority of the Health Officer to define and declare a nuisance and to cause the removal or abatement of nuisances by appropriate proceedings provided by law.
[Amended 11-4-1987 by Ord. No. V-140]
A violation of any section or subsection of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $1,000 for each violation committed hereunder.
Each violation of a section or subsection of this chapter shall constitute a separate and distinct violation independent of any other section or subsection or any order issued pursuant to this chapter. Each day's failure to comply with any such section or subsection shall constitute a separate violation.
Where an owner, manager or occupant has been convicted of a violation of this chapter and within 12 months thereafter has been found by the Judge of the Municipal Court to be guilty of a second violation, the court may, if it finds that the second offense was willful and inexcusable, sentence the offender, in addition to or in lieu of the fine set forth in § 158-32, to imprisonment in the county jail for a period not to exceed 90 days.
No person, firm or corporation, without written consent of the Health Officer, shall remove or permit the removal of any complaint, notice or order posted in accordance with the provisions of this chapter.
[Amended 11-4-1987 by Ord. No. V-140]
When the Health Officer finds that a dwelling is unfit for human habitation within the meaning of this chapter and has notified the owner to such effect and the time limit set by the Health Officer for the correction of defects or vacating the same has expired, no person shall receive rentals, offer for rent or occupy said dwelling unit as human habitation, and each day such offense continues shall be deemed a separate offense, and upon conviction thereof, the violator shall pay a penalty of not more than $1,000 for each and every offense.
[Amended 11-4-1987 by Ord. No. V-140]
No person shall damage, mutilate or remove nor shall any person suffer, permit or cause to be mutilated, damaged or removed from or in a dwelling unit any of the facilities referred to in this chapter. Any person violating this section of this chapter shall, upon conviction thereof, pay a penalty of not more than $1,000 for each and every offense.
In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, manager or lessor of any building or structure in the City required to be registered, pursuant to this chapter, for violation of any City ordinance or any state law applicable to the City, said fine or penalty shall be collectible pursuant to the procedures for the appointment of a receiver in addition to any other remedies now provided by law.