[Ord. No. 6-12-73 § 1.1]
This chapter shall be known as the Housing and Property Maintenance
Standards for dwellings and multi-family dwellings and is herein referred
to as the Housing Regulations or "this code."
[Ord. No. 6-12-73 § 1.2]
The purpose of the chapter is to protect the public health,
safety and welfare in buildings used for dwelling purposes as hereinafter
provided by:
a.
Establishing minimum standards for basic equipment and facilities
for light, ventilation, space heating and sanitation; for safety from
fire; for space, use and location; and for safe and sanitary maintenance;
for cooking equipment in all dwellings and multi-family dwellings
now in existence;
b.
Fixing the responsibilities of owners, operators and occupants of
dwelling and multi-family dwellings;
c.
Providing for administration, enforcement and penalties.
[Ord. No. 6-12-73 § 1.3]
The provisions of this chapter shall apply to all structures used for human habitation which are now, or may become in the future, substandard with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, and overcrowding, or otherwise be deemed to constitute a menace to the safety, health and welfare of their occupants; except as provided in Subsection 15-2.4. The existence of such conditions, factors or characteristics adversely affect public safety, health and welfare and lead to the continuation, extension and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.
[Ord. No. 6-12-73 § 2.1]
Any alteration to buildings, or changes of use therein, which
may be caused directly or indirectly by the enforcement of this chapter
shall be done in accordance with applicable sections of the State
Uniform Construction Code.
[Ord. No. 6-12-73 § 2.2]
Nothing in this chapter shall permit the establishment or conversion
of a multifamily dwelling in any zone except where permitted by the
zoning law; nor the continuation of such nonconforming use in any
zone except as provided therein.
[Ord. No. 6-12-73 § 2.3]
Except as provided in Subsection 15-2.4, in any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the Borough, existing on the effective date of this chapter, the provisions for the safety and health of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the Borough existing on the effective date of this chapter* which establishes a lower standard for the promotion and protection of the safety and health of the people, the provisions of this chapter shall prevail, and such other ordinance or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
[Ord. No. 6-12-73 § 2.4]
This chapter establishes minimum requirements for the initial
and continued occupancy of all buildings used for human habitation
and does not replace or modify requirements otherwise established
for the construction, repair, alteration or use of buildings, equipment
or facilities except as provided in this section.
[Ord. No. 6-12-73 § 2.5]
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the Borough or its officers or agencies relating
to the removal or demolition of any buildings which are deemed to
be dangerous, unsafe or unsanitary.
[Ord. No. 6-12-73 § 3]
It shall be the duty and responsibility of the Code Enforcement
Officer to enforce the provisions of this chapter, Housing and Property
Maintenance, as herein provided.
[Ord. No. 6-12-73 § 3.1]
Inspection of premises and the issuing of orders in connection
therewith under the provisions of this chapter shall be the exclusive
responsibilities of the Code Enforcement Officer. Wherever, in the
opinion of the Code Enforcement Officer, it is necessary or desirable
to have inspections of any condition by any other Department, he shall
arrange for this to be done in such manner that the owners or occupants
of buildings shall not be subjected to visits by numerous inspectors
nor to multiple or conflicting orders. No order for correction of
any violation under this chapter shall be issued without the approval
of the Code Enforcement Officer, and it shall be the responsibility
of that official before issuing any such order to determine that it
has the concurrence of any other Department or officer of the government
concerned with any matter involved on the case in question.
[Ord. No. 6-12-73 § 3.2]
Except as may otherwise be provided by statute or local law
or ordinance, no officer, agent, or employee of the Borough charged
with the enforcement of the Housing Ordinance shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter. No person who institutes or assists in
the prosecution of a criminal proceeding under this chapter shall
be liable to damages hereunder unless he acted with actual malice
and without reasonable grounds for believing that the person accused
or prosecuted was guilty of an unlawful act or omission. Any suit
brought against any officer, agent, or employee of the Borough, as
a result of any act required or permitted in the discharge of his
duties under this chapter, shall be defended by the legal representatives
of the Borough until the final determination of the proceedings therein.
[Ord. No. 6-12-73 § 3.3]
The Code Enforcement Officer shall make or cause to be made
inspections to determine the conditions of dwellings, multi-family
dwellings, dwelling units, and premises in order to safeguard the
safety, morals, and welfare of the public under the provisions of
this chapter. The Code Enforcement Officer is authorized to enter
any dwelling, dwelling unit, multi-family dwelling, or premises at
any reasonable time for the purpose of performing his duties under
this chapter. The owner, operator, or occupant of every dwelling,
multi-family dwelling, dwelling unit, or premises, or the person in
charge thereof, shall give the Code Enforcement Officer free access
thereto and to all parts thereof and to the premises on which it is
located at all reasonable times for the purpose of such inspection,
examination and survey.
It shall be unlawful for any person to refuse entrance to or
to impede an inspector or officer authorized under this chapter in
the performance of his duties and every such inspector or officer
shall have the right to enter, examine or survey all premises, grounds,
structures, or dwellings and every part thereof at all reasonable
times upon display or proper identification.
If any owner, occupant, or other person in charge of a dwelling,
dwelling unit or rooming unit, or a multi-family subject to the provisions
of this chapter refuses, impedes, inhibits, interferes with, restricts,
or obstructs entry and free access to every part of the structure
or premises where inspection authorized by this chapter is sought,
the administrative authority may seek, in a court of competent jurisdiction,
an order that such owner, occupant or other person in charge cease
and desist with such interference.
[Ord. No. 6-12-73 § 3.4]
Every occupant of a dwelling unit or rooming unit shall give
the owner or operator thereof, or his agent or employee, access to
any part of such dwelling unit, rooming unit, or its premises, at
reasonable times for the purpose of making such inspections, maintenance,
repairs, or alteration as are necessary to comply with the provisions
of this chapter.
[Ord. No. 6-12-73 § 4.1; Ord. No. 11-27-84 § 1; Ord. No. 94-11 § 1; 9-22-2020 by Ord. No. O-07-20]
No owner, owner of rental properties, agent of owner, real estate
agent or broker, firm, company, partnership, corporation or person
or persons shall sell, rent, transfer, grant, lease, let mortgage
with right of occupancy or otherwise dispose of the ownership of occupancy
thereof, whether or not for a consideration and whether such disposal
of ownership or occupancy be temporary or permanent any dwelling unit
or premises on which a building is located and is used for human occupancy,
unless a Certificate of Occupancy, certifying that the building and
premises are in compliance with all ordinances of the Borough of Monmouth
Beach shall first be obtained from the Housing Official. Such a Certificate
of Occupancy shall be granted or denied within 10 days from the date
of the application for the same.
a.
The Housing Official shall cause to be prepared appropriate application
forms for such Certificate of Occupancy which forms shall be available
at the Office of the Code Enforcement Officer.
b.
The Housing Official shall also cause to be prepared appropriate
forms of such Certificate of Occupancy.
c.
A charge of $70 in the case of each single family rental unit, and
$95 in the case of each single family resale, and a charge of $75
for each commercial rental shall be charged to cover the cost of inspection
in connection with such application and shall be paid to the Housing
Official at the time the application is filed and shall not be refundable.
[Ord. No. 6-12-73 § 5]
Dwellings or multi-family dwellings shall be condemned as dangerous
structures or unsafe for human habitation as herein provided.
[Ord. No. 6-12-73 § 5.1]
If all or part of any building or structure (including among
others a fence, billboard or sign) or the equipment for the operation
thereof (including among others the heating plant, plumbing, electric
wiring, moving stairway, and fire extinguishing apparatus) shall be
found, in the opinion of the Code Enforcement Officer, to be in an
unsafe condition — dangerous to life, limb or property,
he shall proceed to have the same condemned pursuant to the applicable
provisions of ordinances of the Borough pertaining to unsafe structures.
[Ord. No. 6-12-73 § 5.2]
Whenever the Code Enforcement Officer finds that any dwelling
constitutes a hazard to the safety, health or welfare of the occupant
or to the public because it lacks maintenance; or is in disrepair,
unsanitary, vermin-infested or rodent infested; or because it lacks
the sanitary facilities or equipment, or otherwise fails to comply
with the minimum provisions of this chapter, but has not yet reached
such state or complete disrepair as to be condemned as a dangerous
structure as hereinbefore provided, he may declare such dwelling or
multi-family dwelling as UNFIT FOR HUMAN HABITATION and order it to
be vacated.
If any dwelling or multi-family dwelling or any part thereof
is occupied by more occupants than permitted under this chapter, or
was erected, altered or occupied contrary to law, such dwelling or
multi-family dwelling shall be deemed an unlawful structure and the
Code Enforcement Officer may cause such dwelling to be vacated. It
shall be unlawful to again occupy such dwelling until it or its occupants,
as the case may be, has been made to conform to the law.
[Ord. No. 6-12-73 § 5.3]
Where for any reason a building remains vacant or untended for
a period of 60 days it shall be the duty of the owner to close all
windows, doors and other openings with plywood or by other suitable
means so that access into the building is prevented. It shall be unlawful
for the owner of any such dwelling to cause or permit same to be used
in whole or in part for living purposes until the structure has been
rehabilitated in accordance with the provisions of this chapter and
a Certificate of Occupancy has been issued by the Code Enforcement
Officer. Whenever a structure deemed unfit for human habitation or
dangerous to life and health, remains vacant for a period of one year,
proceedings shall be instituted against the owner in accordance with,
provisions of the pertinent ordinances of the Borough of Monmouth
Beach.
[Ord. No. 6-12-73 § 5.4]
Notice of declaration of any building as unfit for human habitation
and of order to vacate it shall be served as provided in this chapter.
[Ord. No. 6-12-73 § 5.5]
Any dwelling or multi-family dwelling declared as UNFIT FOR
HUMAN HABITATION shall be posted with a placard by the Code Enforcement
Officer. The placard shall include the following:
a.
Name of Borough;
b.
The name of the authorized Department having jurisdiction;
c.
The chapter and section of the ordinance under which it is issued;
d.
An order that the dwelling or multi-family dwelling when vacated
must remain vacant until the provisions of the order are complied
with and the order to vacate is withdrawn;
e.
The date that the placard is posted;
f.
A statement of the penalty for defacing or removal of the placard.
[Ord. No. 6-12-73 § 5.6]
Whenever the Code Enforcement Officer has declared a dwelling
or multi-family dwelling as unfit for human habitation, he shall give
notice to the owner of such declaration and placarding of the dwelling
or multi-family dwelling as unfit for human habitation. Such notice
shall:
[Ord. No. 6-12-73 § 5.7]
Service of notice to vacate shall be as follows:
a.
By delivery to the owner personally, or by leaving the notice at
the usual place of abode of the owner with a person of suitable age
and discretion; or
b.
By certified or registered mail addressed to the owner at his last
known address with postage prepaid thereon; or
c.
By posting and keeping posted for 24 hours a copy of the notice in
placard form in a conspicuous place on the premises to be vacated.
[Ord. No. 6-12-73 § 5.8]
No person shall deface or remove the placard from any dwelling
or multi-family dwelling which has been declared or placarded as unfit
for human habitation except by authority in writing from the Code
Enforcement Officer.
[Ord. No. 6-12-73 § 5.9]
Any dwelling or multi-family dwelling which has been declared
and placarded as unfit for human habitation by the Code Enforcement
Officer shall be vacated within a reasonable time as required by the
Code Enforcement Officer, and it shall be unlawful for any owner or
operator to let to any person for human habitation said dwelling,
multi-family dwelling or dwelling unit; and no person shall occupy
any dwelling or multi-family dwelling which has been declared or placarded
by the Code Enforcement Officer as unfit for human habitation after
the date set forth in the placard.
[Ord. No. 6-12-73 § 5.10]
No dwelling or multi-family dwelling which has been declared
or placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from the Code Enforcement
Officer. The Code Enforcement Officer shall remove such placard whenever
the defect or defects upon which the declaration and placarding action
were based have been eliminated.
[Ord. No. 6-12-73 § 5.11]
A demolition permit for the removal of any structure, part of a building (including among others a fence, billboard or sign) as outlined in Subsection 15-5.2 and the pertinent ordinances of the Borough of Monmouth Beach must be obtained from the Code Enforcement Officer of the Borough of Monmouth Beach, in the County of Monmouth. All properties after demolition must be graded and debris removed by owner.
[Ord. No. 6-12-73 § 6]
Notice of violations shall be served upon the owner of record
providing that such notice shall be deemed to be properly served upon
such owner if a copy thereof is delivered to him personally, or if
not found, by leaving a copy thereof at his usual place of abode with
a person of suitable age and discretion who shall be informed of the
contents thereof, or by sending a copy thereof by mail to his last
known address, or, if the letter with the copy is returned showing
it has not been delivered to him by posting a copy thereof in a conspicuous
place in or about the dwelling affected by the notice.
[Ord. No. 6-12-73 § 6.1]
Whenever the Code Enforcement Officer determines that there
has been or is a violation, or that there are reasonable grounds to
believe that there has been or is a violation of any provision of
this chapter, he shall give notice of such violation or alleged violation
to the person or persons responsible thereof. Such notice shall:
[Ord. No. 6-12-73 § 6.2]
In case any violation order is not promptly complied with, the
Code Enforcement Officer may request the Borough's legal representative
to institute an appropriate action or proceedings at law or in equity
against the person responsible for the violations, ordering him:
a.
To restrain, correct or remove the violation or refrain from any
further execution of work;
b.
To restrain to correct the erection, installation, or alteration
of such building;
c.
To require the removal of work in violation;
d.
To prevent the occupation or use of the building, structure, or part
thereof erected, constructed, installed or altered in violation of,
or not in compliance with the provisions of this chapter or in violation
of a plan or specification under which an approval, permit or certificate
was issued; or
e.
To enforce the penalty provisions of this chapter.
[Ord. No. 6-12-73 § 6.3]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation continues after due notice has been served in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[Ord. No. 6-12-73 § 7]
Any persons affected by any notice which has been issued in
connection with the enforcement of any provision of this chapter,
or of any rule or regulation adopted pursuant thereof, may request
and shall be granted a hearing on the matter before the Code Enforcement
Officer provided that such person shall file in the office of the
Code Enforcement Officer a written petition requesting such hearing
and setting forth a brief statement of the grounds therefor within
10 days after the day the notice was served. Upon receipt of such
petition the Code Enforcement Officer shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed provided that upon application of
the petitioner the Code Enforcement Officer may postpone the date
of the hearing for a reasonable time beyond such ten-day period, if
in his judgment the petitioner has submitted a good and sufficient
reason for such postponement.
[Ord. No. 6-12-73 § 7.1]
After such hearing the Code Enforcement Officer shall sustain, modify, or withdraw the notice, depending upon his findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Code Enforcement Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection 15-6.2 of this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Code Enforcement Officer within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Code Enforcement Officer, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a written petition for a hearing is not filed in the office of the Code Enforcement Officer within 10 days after such notice is served.
[Ord. No. 6-12-73 § 7.2]
The proceedings at such hearing, including the findings and
decisions of the Code Enforcement Officer shall be summarized, reduced
to writing, and entered as a matter of public record in the office
of the Code Enforcement Officer. Such record shall also include a
copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Code Enforcement Officer
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this State.
[Ord. No. 6-12-73 § 7.3]
Whenever the Code Enforcement Officer finds that an emergency
exists which required immediate action to protect the public health,
he may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as he
deems necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately
but upon written petition to the Code Enforcement Officer shall be
afforded a hearing within 48 hours. After such hearing, depending
upon his findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied
with, the Code Enforcement Officer shall continue such order in effect,
or modify it, or revoke it.
[Ord. No. 6-12-73 § 8]
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this Code
which shall continue in full force and effect; and to this end the
provisions of this chapter are hereby declared to be severable.
[Ord. No. 6-12-73 § 8.2]
This chapter shall not affect violations of any other ordinance,
code or regulation of the Borough, existing prior to the effective
date hereof and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulation in effect at the time the
violation was committed.
[Ord. No. 6-12-73 § 9]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section.
[Ord. No. 6-12-73 § 9.1]
Words used in the present tense include the future; words in
the masculine gender include the feminine and neuter; and the singular
number includes the plural and the plural the singular.
[Ord. No. 6-12-73 § 9.2]
Where terms are not defined in this section and are defined
in the Building Code, they shall have the meanings ascribed to them
as in the Building Code.
[Ord. No. 6-12-73 § 9.3]
Where terms are not defined under the provisions of this chapter
or under the provisions of the Building Code, they shall have ascribed
to them their ordinarily accepted meanings or such as the context
herein may imply.
[Ord. No. 6-12-73 § 10]
A structure, the use of which is incidental to that of the
main building, and which is attached thereto or located on the same
premises.
As applied to a material, device or method of construction,
shall mean approved by the Code Enforcement Officer under the provisions
of this chapter, or approved by other authority designated by law
to give approval in the matter in question.
A portion of the building partly underground, but having
less than half its clear height below the average grade of the adjoining
ground. (See cellar.)
Any building or structure, or part thereof, used for human
habitation, use, or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith.
The Building Code officially adopted by legislative body
of this jurisdiction; or such other ordinance as may be officially
designated by legislative body of the jurisdiction for the regulation
of construction, alteration, addition, repair.
The portion of the building partly underground, having half
or more than half of its clear height below the average grade of the
adjoining ground.
The official designated herein or otherwise charged with
the responsibilities of administering this chapter, or his authorized
representative.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with cooking, living,
sanitary and sleeping facilities.[1]
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food, by poison, spraying,
fumigating, trapping, or by any other approved pest elimination methods.
A group of persons related by blood, marriage, or adoption
or a group of unrelated persons not exceeding four in number living
together as a single housekeeping unit.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The total of all habitable space in a building or structure.
A room or enclosed floor space arranged for living, eating
or sleeping purposes (not including kitchen, kitchenette, living room,
dining room, bathroom, water closet compartment, laundries, pantries,
foyers, hallways and other accessory floor space.
The presence, within or contiguous to a multi-family dwelling,
dwelling unit, or premises, of insect, rodents, vermin, or other pests.
Any dwelling containing more than two dwelling units.[2]
A building containing more than two dwelling units.[3]
Any person over one year of age (including owner or occupant)
living and sleeping in a dwelling unit or having actual possession
of the dwelling or rooming unit.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who, alone or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit 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, or as executrix,
administrator, adminstratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall
be bound to comply with the provisions of this chapter, and the rules
and regulations adopted pursuant thereto, to the same extent as if
he were the owner.
An individual, firm, corporation, association or partnership.
Water heating facilities, water pipes, gas pipes, garbage
and disposal units, waste lavatories, bathtubs, shower baths, installed
clothes washing machines, or other similar equipment, catch basins,
drains, vents or other similarly supplied fixtures, together with
all connections to water, gas, sewer or vent lines.
A lot, plot or parcel of land including the building or structure
thereon.
A building in which sleeping accommodations or sleeping accommodations
and cooking facilities as a unit are provided.[4]
Combustible and noncombustible waste materials, except garbage;
and the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Installed, furnished or provided by the owner or operator.
The process of supplying and removing air by natural or mechanical
means to or from any space.
Whenever the words "workmanlike state of maintenance and
repair" are used in this chapter, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
An open unoccupied space on the same lot with a building
extending along the entire length of a street, or rear or interior
lot line.
[1]
Note: Whenever the words "multi-family dwelling," "residence
building," "dwelling unit," or "premises" are used in this chapter,
they shall be construed as though they were followed by the words
"or any part thereof."
[2]
Note: Whenever the words "multi-family dwelling," "residence
building," "dwelling unit," or "premises" are used in this chapter,
they shall be construed as though they were followed by the words
"or any part thereof."
[3]
Note: Whenever the words "multi-family dwelling," "residence
building," "dwelling unit," or "premises" are used in this chapter,
they shall be construed as though they were followed by the words
"or any part thereof."
[4]
Note: Whenever the words "multi-family dwelling," "residence
building," "dwelling unit," or "premises" are used in this chapter,
they shall be construed as though they were followed by the words
"or any part thereof."
[Ord. No. 6-12-73 § 11.1]
The provisions of this chapter shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans, except as exempted by Subsection 15-2.4 and the premises on which it stands, shall comply with conditions herein prescribed as they may apply thereto.
[Ord. No. 6-12-73 § 11.2]
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling unit for the purpose of living therein, or
premises, which does not comply with the following requirements. The
Code Enforcement Officer shall cause periodic inspections to be made
of dwelling premises to secure compliance with these requirements.
[Ord. No. 6-12-73 § 11.3]
All exterior property areas shall be maintained in a clean and
sanitary condition free from any accumulation of rubbish and garbage.
[Ord. No. 6-12-73 § 11.4]
Refuse containers shall be so constructed as to hold their contents
without leakage and shall be provided with a tight fitting cover and
not exceed 80 pounds in weight when loaded. No container shall be
larger than 30 gallon size.
[Ord. No. 6-12-73 § 11.5]
All exterior property areas shall be kept free from species
of weeds or plant growth which are noxious or detrimental to the public
health.
[Ord. No. 6-12-73 § 11.6]
All premises shall be graded and maintained so as to prevent
the accumulation of stagnant water thereon, or within any building
or structure located thereon.
[Ord. No. 6-12-73 § 11.7]
Every owner of a dwelling or multi-family dwelling shall be
responsible for the extermination of insects, rodents, vermin, or
other pests in all exterior areas of the premises; except that the
occupant shall be responsible for such extermination in the interior
areas of the premises of a single-family dwelling. Whenever infestation
exists in a multi-family dwelling in the shared or public parts of
the premises of other than a single-family dwelling, extermination
shall be the responsibility of the owner.
[Ord. No. 6-12-73 § 12]
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling or multi-family dwelling, dwelling unit,
or portion thereof for the purpose of living therein; which does not
comply with the following requirements.
[Ord. No. 6-12-73 § 12.1]
Every foundation, exterior wall, and all other exterior surfaces
shall be maintained in a workmanlike state of maintenance and repair
and shall be kept in such condition as to exclude rodents.
[Ord. No. 6-12-73 § 12.2]
The foundation elements shall adequately support the building
at all points.
[Ord. No. 6-12-73 § 12.3]
Every exterior wall shall be free of holes, breaks, loose or
rotting boards or timbers, and any other conditions which might admit
rain, or dampness to the interior portions of the walls or to the
occupied spaces of the building.
[Ord. No. 6-12-73 § 12.3[a]]
The exterior of every structure or accessory structure or other
improvement on the premises shall be kept in good repair and all exposed
surfaces thereof subject to deterioration by a protective coating
appropriate for the particular material involved.
[Ord. No. 6-12-73 § 12.4]
The roof shall be structurally sound, tight, and have no defects
which might admit rain. Roof drainage shall be adequate to prevent
rain water from causing dampness in the walls or interior portion
of the building.
[Ord. No. 6-12-73 § 12.5]
Leaders and drainpipes shall be securely fastened to the building
and maintained in good condition, free of leaks, kept clean and free
of obstructions and shall direct storm waters into drainage systems
and away from foundation walls of the structure.
[Ord. No. 6-12-73 § 12.6]
Stairs and other exit facilities shall be adequate for safety
as provided in the Building Code, and shall comply with the following
subsections.
[Ord. No. 6-12-73 § 12.7]
Every outside stair, every porch and every appurtenance attached
thereto shall be so constructed as to be safe to use and capable of
supporting the loads to which it is subjected as required by the Building
Code and shall be kept in sound condition and good repair.
[Ord. No. 6-12-73 § 12.8]
Where the Code Enforcement Officer deems it necessary for safety,
every flight of stairs which is more than two risers high shall have
handrails which shall be located as required by the Building Code
and every porch which is more than two risers high shall have handrails
so located and of such design as required by the Building Code. Every
handrail and balustrade shall be firmly fastened and shall be maintained
in good condition.
[Ord. No. 6-12-73 § 12.9]
Every window, exterior door, and basement hatchway shall be
substantially tight and shall be kept in sound condition and repair.
[Ord. No. 6-12-73 § 12.10]
Every window sash shall be fully supplied with glass window
panes or an approved substitute which are without open cracks or holes.
[Ord. No. 6-12-73 § 12.11]
Every window sash shall be in good condition and fit reasonably
tight within its frame.
[Ord. No. 6-12-73 § 12.12]
Every window, other than a fixed window, shall be capable of
being easily opened and shall be held in position by window hardware.
[Ord. No. 6-12-73 § 12.13]
Every exterior door, door hinge and door latch shall be maintained
in good condition.
[Ord. No. 6-12-73 § 12.14]
Every exterior door, when closed, shall fit reasonably well
within its frame.
[Ord. No. 6-12-73 § 12.15]
Every window, door, and frame shall be constructed and maintained
in such relation to the adjacent wall construction so as to exclude
rain as completely as possible, and to substantially exclude wind
from entering the dwelling or multi-family dwelling.
[Ord. No. 6-12-73 § 12.16]
Every basement hatchway shall be so constructed and maintained
as to prevent the entrance of rodents, rain, and surface drainage
water into the dwelling or multi-family dwelling.
[Ord. No. 6-12-73 § 12.17]
Every door available as an exit shall be capable of being opened
from the inside easily.
[Ord. No. 6-12-73 § 12.18]
Guards and screens shall be supplied for protection against
rodents and insects in accordance with the following requirements.
[Ord. No. 6-12-73 § 12.19]
Every basement or cellar window which is openable shall be supplied
with corrosion-resistive rodent-proof shields, wire mesh screens,
or other materials affording equivalent protection against entry of
rodents.
[Ord. No. 6-12-73 § 12.20]
From June 1st to October 15th of each year every door opening
directly from any dwelling or multi-family dwelling to the outdoors
and every window or other outside opening used for ventilation purposes
shall be supplied with a screen. Every swinging screen door shall
have a self-closing device in good working condition, except that
no such screen shall be required for a dwelling unit on a floor above
the fifth floor.
[Ord. No. 6-12-73 § 13]
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling, multi-family dwelling, dwelling unit or portion
thereof for the purpose of living therein which does not comply with
the following requirements.
[Ord. No. 6-12-73 § 13.1]
The supporting structural members of every dwelling and multi-family
dwelling used for human habitation shall be maintained structurally
sound, showing no evidence of deterioration which would render them
incapable of carrying the imposed loads in accordance with the provisions
of the Building Code.
[Ord. No. 6-12-73 § 13.2]
Stairs shall be provided in every dwelling and multi-family
dwelling as required by the Building Code.
[Ord. No. 6-12-73 § 13.3]
The interior stairs of every structure used for human habitation
shall be maintained in sound condition and good repair by replacing
treads and risers that evidence excessive wear or are broken, warped
or loose. Every inside stair shall be constructed and maintained as
to be safe to use and capable of supporting a load as required by
the provisions of the Building Code.
[Ord. No. 6-12-73 § 13.4]
Every stairwell and every flight of stairs, which is more than
two risers high shall have handrails or railings located in accordance
with the provisions of the Building Code. Every handrail or railing
shall be firmly fastened and must be maintained in good condition.
Properly balustraded railings which are capable of bearing normally
imposed loads as required by the Building Code shall be placed on
the open portions of stairs, balconies, landings and stairwell.
[Ord. No. 6-12-73 § 13.4[a]]
Interior floors and doors shall be kept in good repair and capable
of the use intended by its design.
[Ord. No. 6-12-73 § 13.5]
Every toilet and bathroom floor surface shall be constructed
and maintained so as to be substantially impervious to water and so
as to permit such floor to be easily kept in a clean and sanitary
condition.
[Ord. No. 6-12-73 § 13.6]
The interior of every dwelling and multi-family dwelling used for human habitation shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage, and other refuse shall be properly kept inside temporary storage facilities as required under Subsection 15-14.11.
[Ord. No. 6-12-73 § 13.7]
Buildings used for human habitation shall be kept free from
insect and rodent infestation, and where insects or rodents are found
they shall be promptly exterminated by acceptable processes which
will not be injurious to human health. After extermination, proper
precautions shall be taken to prevent reinfestation.
[Ord. No. 6-12-73 § 13.8]
Whenever infestation of rodents is caused by failure of the
owner to maintain any dwelling or multi-family dwelling in a rodent-proof
condition, extermination of such rodents shall be the responsibility
of the owner.
[Ord. No. 6-12-73 § 13.9]
Interior walls, ceilings and other exposed surfaces on the interior
of units of dwelling space shall be kept smooth, clean, free of flaking,
loose or peeling paint, plaster or paper and capable of being maintained
free of visible foreign matter, vermin and in a sanitary condition.
Where necessary to accomplish the foregoing or any part thereof, by
reason of the nature of the surface material, such interior walls
shall be painted, papered, plastered or otherwise provided with a
protective coating.
[Ord. No. 6-12-73 § 14.1]
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling unit for the purpose of living, sleeping,
cooking, or eating therein which does not comply with the following
requirements.
[Ord. No. 6-12-73 § 14.2]
The following minimum sanitary facilities shall be supplied
and maintained in sanitary, safe working condition.
[Ord. No. 6-12-73 § 14.3]
Every dwelling unit shall contain within its walls, a room,
separate from the habitable rooms, which affords privacy and which
is equipped with a water closet.
[Ord. No. 6-12-73 § 14.4]
Every dwelling unit shall contain a lavatory, which, when a
closet is required, shall be in the same room with the water closet.
[Ord. No. 6-12-73 § 14.5]
Every dwelling unit shall contain a room which affords privacy
to a person in said room and which is equipped with a bathtub or shower.
[Ord. No. 6-12-73 § 14.6]
Every dwelling unit shall contain a kitchen sink apart from the lavatory required under Subsection 15-14.4.
[Ord. No. 6-12-73 § 14.7]
Every kitchen sink, lavatory basin, bathtub or shower and water closet required under the provisions of Section 15-14 shall be properly connected to either a public water and sewer system or to an approved private water and sewer system. All sinks, lavatories, bathtubs and showers shall be supplied with hot and cold running water.
[Ord. No. 6-12-73 § 14.8]
Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water under Subsection 15-14.7. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facility or other similar units, at a temperature of not less than 120° F. at any time needed.
[Ord. No. 6-12-73 § 14.9]
Every dwelling shall have heating facilities which are properly
installed, are maintained in safe and good working condition, and
are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments in every dwelling unit located
therein to a temperature of at least 70° F., at a distance five
feet above floor level under ordinary winter conditions.
[Ord. No. 6-12-73 § 14.10]
Every heating or water heating facility shall be installed and
shall operate in accordance with the requirements of the Building
Code or the Fire Prevention Code of the Borough of Monmouth Beach.
[Ord. No. 6-12-73 § 14.11]
Every dwelling, multi-family dwelling and dwelling unit shall
be equipped with approved containers and covers for storage of rubbish,
and the owner, operator or agent in control of such dwelling or multi-family
dwelling shall be responsible for the removal of such rubbish.
[Ord. No. 6-12-73 § 14.12]
Every dwelling or multi-family dwelling and every dwelling unit
shall be equipped with an approved garbage disposal facility in each
dwelling unit; to be approved by the Code Enforcement Officer, in
the structure for the use of the occupants of each dwelling unit;
or an approved outside garbage can.
[Ord. No. 6-12-73 § 15]
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling, multi-family dwelling or dwelling unit
for the purpose of living, sleeping, cooking, or eating therein which
does not comply with the following requirements.
[Ord. No. 6-12-73 § 15.1]
Every supplied facility, piece of equipment, or utility which
is required under this chapter shall be so constructed or installed
that it will function safely and effectively, and shall be maintained
in satisfactory working condition.
No owner, operator, or occupant shall cause any service, facility,
equipment or utility which is required under this chapter to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or
during temporary emergencies when discontinuance of service is approved
by the Code Enforcement Officer.
[Ord. No. 6-12-73 § 15.2]
All housing facilities shall be maintained in a clean and sanitary
condition by the occupant so as not to breed insects and rodents or
produce dangerous or offensive gases or odors.
[Ord. No. 6-12-73 § 15.3]
In buildings and structures used for human habitation, water
lines, plumbing fixtures, vents and drains shall be properly installed,
connected and maintained in working order and shall be kept free from
obstructions, leaks and defects and capable of performing the function
for which they are designed. All repairs and installations shall be
made in accordance with the provisions of the Building Code or Plumbing
Code of the Borough.
[Ord. No. 6-12-73 § 15.4]
In buildings and structures used for human habitation, every
plumbing stack, waste and sewer line shall be so installed and maintained
as to function properly and shall be kept free from obstructions,
leaks and defects to prevent structural deterioration or health hazards.
All repairs and installations shall be made in accordance with the
provisions of the Building Code or Plumbing Code of the Borough.
[Ord. No. 6-12-73 § 15.5]
Every space heating, cooking and water heating device located
in a dwelling or multi-family dwelling shall be properly installed,
connected, and maintained, and shall be capable of performing the
function for which it was designed in accordance with the provisions
of the Building Code or Fire Prevention Code.
[Ord. No. 6-12-73 § 15.6]
Every electrical outlet and fixture, as required in Section 15-17 shall be installed, maintained and connected to the source of electric power in accordance with the provisions of the Electrical Code of the Borough.
[Ord. No. 6-12-73 § 15.7]
Where it is found, in the opinion of the Code Enforcement Officer,
that the electrical system in a building constitutes a hazard to the
occupants of the building by reason of inadequate service, improper
fusing, insufficient outlets, improper wiring or installation, deterioration
or damage, or for similar reasons, the Code Enforcement Officer shall
require the defects to be corrected to eliminate the hazard.
[Ord. No. 6-12-73 § 15-8]
Every dwelling unit shall have safe, unobstructed means of egress
leading to safe and open space at ground level, as required by the
laws of this State and this Borough.
[Ord. No. 6-12-73 § 16]
No person shall occupy or let to another for occupancy any dwelling
unit for the purpose of living therein which does not comply with
the following requirements.
[Ord. No. 6-12-73 § 16.1]
At least 1/2 of the floor area of every habitable room shall
have a ceiling height of at least seven feet, and the floor area of
that part of any room where the ceiling height is less than five feet
shall not be considered as part of the floor area in computing the
total floor area of the room for the purpose of determining the maximum
permissible occupancy thereof.
[Ord. No. 6-12-73 § 16.2]
Every dwelling unit shall contain a minimum gross floor area
of not less than 850 square feet. The floor area shall be calculated
on the basis of the total area of habitable rooms.
[Ord. No. 6-12-73 § 16.3]
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes of one occupant shall contain at least 100 square
feet of floor space, and every room occupied for sleeping purposes
by more than one occupant shall contain at least 60 square feet of
floor space for each occupant thereof.
[Ord. No. 6-12-73 § 16.4]
No habitable room, bathroom or water closet compartment which
is accessory to a dwelling unit shall open directly into or shall
be used in conjunction with a food store, barber or beauty shop, doctor's
or dentist's examination or treatment room, or similar room used for
public purposes.
Each room occupied for sleeping purposes shall be separated
from all other rooms by doors that afford privacy.
[Ord. No. 6-12-73 § 16.5]
[Ord. No. 6-12-73 § 17]
No person shall occupy as owner-occupant, or let to another
for occupancy, any dwelling, multi-family dwelling or dwelling unit
for the purpose of living therein which does not comply with the following
requirements.
[Ord. No. 6-12-73 § 17.1]
Every habitable room shall have at least one window of approved
size facing directly to the outdoors or to a court. The minimum total
window area, measured between stops, for every habitable room shall
be 10% of the floor area of such room, except in kitchens when artificial
light may be provided in accordance with the provisions of the Building
Code. Whenever walls or other portions of a structure face a window
of any room and such obstructions are located less than three feet
from the window and extend to a level above that of the ceiling of
the room, such a window shall not be deemed to face directly to the
outdoors nor to a court and shall not be included as contributing
to the required minimum total window area for the room.
[Ord. No. 6-12-73 § 17.2]
Every laundry, furnace room, and all similar non-habitable work
space located in a dwelling or multi-family dwelling shall have one
supplied electric light fixture available at all times.
[Ord. No. 6-12-73 § 17.3]
Every common hall and inside stairway in every dwelling, other
than one-family dwelling, shall be adequately lighted at all times
with an illumination of at least five lumens per square foot in the
darkest portion of the normally traveled stairs and passageways.
[Ord. No. 6-12-73 § 17.4]
Where there is electric service available from power lines which
are not more than 300 feet away from a dwelling every habitable room
of such dwelling shall contain at least three separate floor-or-wall-type
electric convenience outlets, or two such convenience outlets and
one supplied ceiling-type electric light fixture. Every such outlet
and fixture shall be properly installed, shall be maintained in good
and safe working condition, and shall be connected to the source of
electric power in a safe manner.
a.
Artificial lighting in every bathroom and water closet shall be controlled
by a wall switch so located as to avoid danger of electrical hazards.
The use of pull chain or key switches in bathrooms and water closets
is prohibited.
b.
The electrical system in existing structures must be brought up to
standards whenever alterations to the structure are being made.
[Ord. No. 6-12-73 § 17.5]
Every habitable room shall have at least one window which can be easily opened or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 45% of the minimum window area size required in Subsection 15-17.2, except where mechanical ventilation is provided in accordance with the provisions of the Building Code or Fire Prevention Code of the Borough.
[Ord. No. 6-12-73 § 17.6]
[Ord. No. 6-12-73 § 18]
No person shall occupy as owner-occupant, or shall let to another
for occupancy, any dwelling, multi-family dwelling or dwelling unit
which does not comply with the applicable provisions of the Fire Prevention
Code of the Borough of Monmouth Beach and the following additional
requirements for safety from fire.
[Ord. No. 6-12-73 § 18.1]
No dwelling, multi-family dwelling, or dwelling unit shall be
located within a building containing any establishment handling, dispensing
or storing flammable liquids with a flash point of 110° F. or
lower.
[Ord. No. 6-12-73 § 18.2]
All cooking and heating equipment components, and accessories
in every heating, cooking and water heating device shall be maintained
free from leaks and obstructions and kept functioning properly so
as to be free from fire, health, and accident hazards. All installations
and repairs shall be made in accordance with the provisions of the
Building Code, or other laws or ordinances in the Borough. Portable
cooking equipment employing flame is prohibited.
[Ord. No. 2-10-81 § 1]
In all buildings with guest room, suite or sleeping rooms of
use group R-2 (Residential Multi-Family, including Garden Apartments,
Townhouses and High Rise Dwelling Units), use group R-3 (Residential
one- and two-family) and use group R-4 (Detached one- and two-family)
each dwelling unit shall be provided with a minimum of one approved
smoke detector installed in a manner prescribed by the manufacturer
and the location of which is approved by the Code Enforcement Officer.
When actuated, the detector shall provide an alarm suitable
to warn the occupants within the individual dwelling unit.
In all buildings having basements or cellars an additional smoke
detector shall be installed in that basement or cellar in a location
approved by the Code Enforcement Officer.
[Ord. No. 6-12-73 § 19.1]
Occupants of dwellings, multi-family dwellings, and dwelling
units shall be responsible for maintenance thereof as provided in
this section.
[Ord. No. 6-12-73 § 19.2]
Every occupant of a dwelling unit shall keep that part of the
dwelling unit and premises thereof which he occupies, controls, or
uses in a clean and sanitary condition.
[Ord. No. 6-12-73 § 19.3]
Every occupant of a dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by Subsection 15-14.11.
[Ord. No. 6-12-73 § 19.4]
Every occupant of a dwelling unit shall dispose of his garbage in a clean and sanitary manner by placing it in the garbage disposal facilities, as required by Subsection 15-14.12, or by such other disposal method as may be required by applicable laws or ordinances of the Borough.
[Ord. No. 6-12-73 § 19.5]
Every occupant of a dwelling unit shall keep the supplied plumbing
fixtures therein clean and sanitary and shall be responsible for the
exercise of reasonable care in their proper use and operation.
[Ord. No. 6-12-73 § 19.6]
Every plumbing fixture furnished by the occupant of a dwelling
unit shall be properly installed and shall be maintained in good working
condition, kept clean and sanitary, and free of defects, leaks or
obstructions.
[Ord. No. 6-12-73 § 20.1 — § 20.6;
amended 6-27-2017 by Ord. No. O-03-2017]
It shall be the responsibility of every property owner, tenant,
developer and applicant of any commercial and/or nonresidential establishment
to maintain in a safe and orderly condition all buildings and land
in the Borough which they own, use, occupy or have maintenance responsibility
for in accordance with the following regulations and any other applicable
code, regulation or statute
a.
Maintenance of all land uses within the Borough shall include, but
is not limited to, the following:
1.
Potholes and other pavement failures within parking areas shall be
repaired on a regular basis, but in no event shall potholes or pavement
failures be left unrepaired for a period in excess of 30 days. If
such potholes or pavement failures are hazardous to vehicles, they
shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other
signs and graphics shall be maintained in a condition whereby they
can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained
free of cracks and holes which would present a hazard to pedestrians
or are unsightly.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained
and regularly regraded in a manner which will keep the area free of
holes and other severe grade changes which would be hazardous to vehicular
and pedestrian usage.
5.
All areas of the site, including adjacent sidewalks, shall be kept
free of debris and other materials. All users of shopping carts or
similar items shall provide for the regular pickup of such shopping
carts or similar items from parking areas and other portions of the
site at least once every hour during their business hours. All shopping
carts or similar items shall either be stored indoors or in a location
adjacent to the building specifically set aside for such storage during
nonbusiness hours.
(a)
Shopping carts shall be marked with the name of the establishment,
title and telephone number of person responsible for maintenance of
the shopping carts, and a notice that they are not to be removed from
the property on which the business is located. If shopping carts are
removed from the property and abandoned, they shall be picked up by
the business to which the cart belongs within twenty-four (24) hours
of notice from the Borough. Failure to pick up such shopping carts
within 24 hours of notice shall be a violation of this chapter, subject
to the penalties prescribed herein.
6.
All plantings and ground cover shall be regularly watered and cut.
All dead plant materials shall be removed or replaced (if such plantings
are required under this chapter, they shall be replaced only). All
lawn or other nonpaved areas shall be kept trimmed and free from weeds
and other noxious growth.
7.
Building finishes shall be maintained reasonably free of peeling
or cracked paint, broken or loose siding, rust or other unsightly
conditions.
8.
All refuse stored outdoors shall be kept within containers having
lids, in a manner that the refuse is not visible to pedestrians or
persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
9.
All outdoor lighting shall be maintained in a working condition.
10.
Landscaping treatments and/or structures shall be repaired on
a regular basis, but in no event shall deterioration or failure be
left unrepaired for a period in excess of 30 days.
b.
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Section 15-20.1, above, additional maintenance responsibilities shall include, but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas
shown on an approved site plan or subdivision shall be regularly maintained.
When plant material shown on an approved site plan or subdivision
dies, it shall be replaced within the first 30 days of the next planting
season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse
shall only be stored outdoors in such area. Refuse containers located
elsewhere on the site shall not be permitted.
c.
Failure of the responsible property owner, tenant, developer and/or
applicant to maintain property in accordance with the provisions of
this section shall be a violation of this chapter subject to the penalties
prescribed by law or regulation.
