[Adopted 6-28-1989 by Ord. No. 1766 (Ch. 87, Art. III, of the 1975 Borough Code)]
This article shall be known as the "Residential Property Maintenance Code of the Borough of Roselle" and may be referred to in this article as the "Residential Property Maintenance Code."
The purpose of this article shall be to:
A. 
Provide for the public health, safety and welfare.
B. 
Avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.
C. 
Avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties.
D. 
Prevent the creation, continuation, extension or aggravation of blight.
E. 
Preserve property values in the Borough of Roselle.
F. 
Prevent the physical deterioration or progressive downgrading of the quality of housing facilities in the Borough of Roselle.
G. 
Prevent and eliminate physical conditions in or on property which constitute nuisances and are thereby potentially dangerous or hazardous to the life, health or safety of persons on or near the premises which such conditions exist.
H. 
Establish minimum standards governing the maintenance and condition of land, buildings, structures and premises in the Borough of Roselle.
I. 
Fix responsibilities and duties therefor upon owners, lessees, operators and occupants of property.
J. 
Provide for administration and enforcement.
K. 
Fix penalties for the violation of this code.
For the specific purposes of this article, the following terms, whenever used herein or referred to in this article, shall have the respective meanings assigned to them hereunder unless a different meaning clearly appears from the context:
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto; and the open land space of any premises outside of any building or structure erected thereon.
NUISANCE
A. 
Any public or private condition that would constitute a nuisance according to the statutes, laws and regulations of the State of New Jersey, its governmental agencies or the ordinances of the Borough;
B. 
Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where such condition exists;
C. 
Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures;
D. 
Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to endanger life, limb or property;
E. 
Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds; or
F. 
Any structure or building that is in a state of dilapidation, deterioration or decay; has faulty construction; is overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter; in danger of collapse or failure; and is dangerous to anyone on or near the premises.
OCCUPANT
Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling premises or rooming unit, or any person or entity in possession of or using any premises, or part thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy.
OPERATOR
Any person, persons or entity not the owner, who has charge, care or control of a dwelling or premises, or a part thereof, with or without the knowledge, consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises or part thereof with or without accompanying actual possession thereof or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner, or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this article and shall have responsibility over the portion of the premises so sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, right-of-way or multiples thereof, including the buildings or structures thereon.
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including but not limited to garbage; trash; ashes; paper; paper goods and products; wrappings; cans; glass; boxes; crockery; wood; mineral matter; plastic; rubber; leather; furniture; household goods; appliances; bedding; scrap lumber; scrap metal; construction material; inoperable machinery or parts thereof; garden or farming implements and supplies; dead or rotting vegetation; tires; and abandoned, inoperative or unusable automobiles and vehicles.
[1]
Editor's Note: See also § 595-46B and C.
Every residential building, structure, lot and premises or part of the premises on which it is situated in the Borough of Roselle previously or presently used or intended to be used for dwelling, recreational, service, transportation, institutional, religious, charitable, quasi-public or professional occupancy and uses accessory thereto shall comply with the provisions of this article, whether or not any such building or structure shall have been constructed, altered or repaired before or after the enactment hereof, and irrespective of any permits or licenses which may have been issued for the use or occupancy of such building or for the installation or repair of equipment or facilities prior to the effective date hereof. Vacant lots, lands and premises are also required to comply with the provisions of this article.
In any case where the provisions of this article impose a higher or stricter standard than set forth in any other ordinance or regulation of the Borough of Roselle or under the laws or regulations of the State of New Jersey or any of its agencies, then the standards as set forth herein shall prevail, but if the provisions of this article impose a lower or lesser standard than any other regulation or ordinance of the Borough of Roselle or of the laws and regulations of the State of New Jersey or any of its agencies, then the higher standard contained in any such other ordinance, regulation or law shall prevail.
Compliance with this article shall not constitute a defense against any violation of any other ordinance of the Borough of Roselle applicable to any structure or premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this article.
Owners, operators and occupants shall have all the duties, obligations and responsibilities prescribed in this article, and no such person or entity shall be relieved of any such duty, obligation or responsibility hereunder nor be entitled to assert as a defense against any charge made against him or them for violation of this article, the fact that another owner, operator or occupant or any other third person or entity is also responsible therefor and in violation thereof.
Any alterations to buildings, structures or appurtenances thereto or change of use therein, which may be caused directly or indirectly by the enforcement of this article shall be done in accordance with all applicable sections of the Building Code of the municipality.
Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Ordinance[1] or other ordinances regulating land use of the municipality.
[1]
Editor's Note: See now Ch. 650, Land Use.
Nothing in this article shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe or unsanitary.
In furtherance of the purpose of this article, it shall be the duty and responsibility of the owner, operator or occupant of premises to comply with any or all of the requirements and standards hereof to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions.
A. 
Standards. The provisions of this article shall constitute the standards to guide the public officer and his agents in determining the fitness of premises for human habitation, use and occupancy and in determining whether premises are being maintained in such condition as to not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values.
B. 
Definitions. The words, terms or phrases listed below, for the purposes of this article, are hereby defined and shall be interpreted as follows:
BATHROOM
Any enclosed space which contains one or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures, serving similar purposes.
BUILDING
Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.
DETERIORATION
The condition of a building, or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect, lack of maintenance or excessive wear.
DILAPIDATION
Falling out of repair or decayed.
EXPOSED TO PUBLIC VIEW
Any premises, or part thereof, which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, parking lot or from any adjoining or neighborhood premises.
EXTERIOR OF THE PREMISES
(1) 
Any part of the premises not occupied by any building thereon;
(2) 
Any open space on the outside of any building; or
(3) 
Any part of any building which is exposed to the elements.
EXTERMINATION
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; or by poisoning, spraying, fumigating, trapping or any other approved means of pest elimination.
GARBAGE
The animal and vegetable and any other organic waste resulting from the handling, preparation, cooking and consumption of feed or other products.
INFESTATION
The presence, on or within a premises, of any insects, rodents or other pests.
MIXED OCCUPANCY
Any building containing one or more dwelling units, rooming units or hotel or motel accommodations and also having a portion thereof devoted to nonresidential uses.
NUISANCE
(1) 
Any public nuisance known at public law or in law or equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Roselle.
(2) 
Any inadequately protected well, shaft, basement, excavation, abandoned or nondrivable motor vehicle or equipment, structurally unsound fence or building, lumber, trash, debris or vegetation, such as poison ivy, oak or sumac, or other condition which is or may be detrimental to the safety or health of persons.
(3) 
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
(4) 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
(5) 
Fire hazards.
OCCUPANCY UNIT
Any room or group of rooms or part thereof forming a single usable unit used or intended to be used or designed to be used for nonresidential purposes and located within a building used or intended to be used or designed to be used, in whole or in part, for commercial business, industrial or any other nonresidential occupancy.
OCCUPANT
Any person or persons, including the owner, in actual possession of and using an entire building or an occupancy unit in a building.
OPERATOR
Any person who has charge, care or control of a premises, or part thereof, whether with or without the knowledge and consent of the owner.
OWNER
The holder or holders of the title to premises in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PERSON
The same meaning as defined in N.J.S.A. 1:1-2.
PREMISES
A lot, plot or parcel of land and any buildings located thereon.
PUBLIC OFFICER
The person or persons who are authorized by this article to exercise powers prescribed by this article.
REFUSE
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.
RUBBISH
Includes all combustible and noncombustible waste material, except garbage.
STRUCTURE
An assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.
WATER CLOSET COMPARTMENT
An enclosure containing a single water closet.
WEATHERING
Deterioration, decay or damage caused by exposure to the elements.
WINDOW
An opening in the wall or roof of a building for the admission of light, which opening may be closed to the elements by casements or sashes containing glass or other transparent material.
C. 
Meaning of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person, to females as well as males, to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.
[1]
Editor's Note: See also § 595-37.
A. 
Scope. The provisions of this article shall govern the minimum conditions for maintenance of exterior property, premises and structures. Premises shall comply with the conditions herein prescribed insofar as they are applicable.
B. 
Responsibility. The owner of the premises shall maintain such structures and premises in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use premises which do not comply with the following requirements of this article. Without limitation by the following requirements of this article, it shall also be the duty and responsibility of owners, occupants or operators to keep the exterior of all premises structurally sound, in good general repair and sufficiently maintained, to an extent so as to prevent and avoid conditions that violate the purposes of this article, as hereinabove set forth in § 595-36.
C. 
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so that not to cause a blighting problem or adversely affect the public health or safety.
A. 
The premises shall be kept free of litter, including, without limiting the generality of the foregoing, discarded, windblown, deposited, dropped or strewn paper; wrappings; cardboard; bottles; cans; boxes and broken glass, and all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated. The word "hazards" shall include but is not limited to the following:
(1) 
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, rubbish, refuse and debris of any description.
(2) 
Natural growth: dead and dying trees and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. Weeds and grass shall not be allowed to exceed five inches in height.
(3) 
Overhangings: loose, overhanging and projecting objects which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof.
(4) 
Sources of infestation.
B. 
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
C. 
Chimneys and flue and vent attachments thereto. Chimneys and flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times and functions for which they were designed and constructed. Chimneys, flues, gas vents and other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment and shall be structurally safe, durable, smoketight and capable of withstanding the action of flue gases.
D. 
Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained, structurally sound, in good repair, well painted or otherwise provided with a protective treatment to prevent deterioration, and free from defects.
E. 
Exterior appearance standards. The exterior of the premises shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted by the Borough of Roselle and such that the appearance thereof shall not constitute a blighting effect upon neighboring properties nor an element leading to a progressive deterioration and downgrading of neighboring properties with an accompanying diminution of property values, including the following:
(1) 
Landscaping. Where exposed to public view the landscaping of premises shall be maintained in an orderly state, with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. For the purposes of this section, the duty to maintain the lawn shall include a duty to maintain any strip of property located between the curb and the sidewalk or other man-made impediment which would otherwise be connected to the lawn, and or property, regardless of ownership or easement.
[Amended 7-15-2020 by Ord. No. 2625-20]
(2) 
Repair and painting of exteriors of buildings. The exteriors of all buildings shall be kept in good repair, painted where required or otherwise provided with protective treatment sufficient to prevent deterioration, and shall not constitute a safety hazard or nuisance.
A. 
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in compliance with §§ 595-50 and 595-51 of this article.
B. 
Prohibited conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:
(1) 
Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
(2) 
Abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.
(3) 
Animal excrement.
(4) 
Hidden or uncovered ground or surface hazards, sharp or jagged projections or obstructions.
(5) 
Buried rubble, refuse or rubbish.
(6) 
Nuisances as hereinabove defined.
(7) 
Vehicles or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are of have been junked, abandoned, dismantled or are in a state of disrepair.
(8) 
Dangerously loose and overhanging objects, including but not limited to objects which could threaten the health and safety of persons if caused to fall, or other similar dangerously loose and overhanging objects, which by reason of their location above ground level constitute an actual hazard to persons or vehicles in the vicinity thereof.
(9) 
Structurally unsound, loose, dangerous, crumbling, missing, broken, rotten or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs, loose, crumbling or falling bricks, stones, mortar or plaster.
(10) 
Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.
(11) 
Broken glass or windows, rotted, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other major exterior component parts of buildings or structures.
A. 
General. The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.
B. 
Structural members. All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.
C. 
Exterior surfaces (foundations, walls and roof). Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair.
D. 
Foundation walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare.
E. 
Exterior walls. 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. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.
F. 
Roofs. The roof shall be structurally sound, tight and not have defects which might admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building.
G. 
Chimneys. All chimneys and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment where necessary.
H. 
Stairs and porches. Every stair, porch, balcony and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting loads to which it is subjected and shall be kept in sound condition and good repair.
A. 
General. The interior of a structure and its equipment shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the health and safety of the occupants, and to protect the occupants from the environment.
B. 
Structural members. The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads.
C. 
Lead-based paint Lead-based paint with a load content of more than 0.5% shall not be applied to any interior or exterior surface of a dwelling, dwelling unit or child care facility, including fences, and outbuildings at these locations.
D. 
Stairs, porches and railings. Stairs and other exit facilities shall be adequate for safety as provided in the Building Code.
E. 
Exit facilities. All interior stairs and railings and other exit facilities of every structure 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 so constructed and maintained as to be safe.
[Added 6-18-2003 by Ord. No. 2185]
A. 
Occupancy limitations.
(1) 
Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BEDROOM
A room furnished with a bed and intended primarily for sleeping.
DINING ROOM
A room (area) used for the taking of meals. A dining room (area) is not to be used for sleeping purposes.
KITCHEN
A room (area) with cooking facilities.
LIVING ROOM
A room in a residence used for the common social activities of the occupants. The living room is not to be used for sleeping purposes.
(3) 
Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls.
(4) 
Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm).
(a) 
Exceptions:
[1] 
In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling light.
[2] 
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders, ducts and similar obstructions.
[3] 
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included.
(5) 
Bedroom requirements. Every bedroom shall comply with the requirements of § 595-52A(1) through (6).
(a) 
Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.62 m2) of floor area for each occupant thereof.
(b) 
Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
(c) 
Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
(d) 
Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this article.
(6) 
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 1.
Table 1
Minimum Area Requirements
Minimum Area in Square Feet
Space
1 to 2 Occupants
3 to 5 Occupants
6 or More Occupants
Living rooma, b
No requirements
120
150
Dining Rooma, b
No requirements
80
100
Kitchenb
50
50
60
Bedrooms
Shall comply with § 595-52A(5)
NOTES:
For SI: 1 square foot = 0.093m2.
a
See § 595-52A(7)(b) for combined living room/dining room spaces.
b
See § 595-52A(7)(a) for limitations on determining the minimum occupancy area for sleeping purposes.
(7) 
Sleeping areas and combined spaces.
(a) 
Sleeping area. The minimum occupancy area required by Table 1 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with § 595-52A(5).
(b) 
Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 1 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
(8) 
Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
(a) 
A unit occupied by not more than two occupants shall have a clear floor area of not less that 220 square feet (20.4m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7m2). These required areas shall be exclusive of the areas required by Subsection A(8)(b) and (c).
(b) 
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
(c) 
The unit shall be provided with a separate bathroom containing a water closet, lavatory, bathtub or shower.
(d) 
The maximum number of occupants shall be three.
(9) 
Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Dining and kitchen and living room shall not be used as sleeping quarters.
B. 
Light.
(1) 
Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914mm) from the window and extend to a level above that of the ceiling of the room, such 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.
(a) 
Exception. Where natural light for rooms and spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjourning room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The exterior glazing area shall be based on the total floor area being served.
(2) 
Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a sixty-watt standard incandescent light bulb for each 200 square feet (19m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9,144 mm). In other than residential occupancies, means of egress, including exterior means of egress, is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads.
(3) 
Other spaces. All other spaces shall be provided with natural or artificial light to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
C. 
Ventilation.
(1) 
Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in § 595-52B(1).
(a) 
Exception. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(2) 
Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by § 595-52C(1), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or a toilet room shall discharge to the outdoors and shall not be recirculated.
(3) 
Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in rooming unit or dormitory unit.
(a) 
Exception: Where specifically approved in writing by the Code Official.
(4) 
Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
(5) 
Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.
A. 
Public officer. The public officer shall be appointed by the Borough of Roselle annually, and he shall exercise the powers prescribed by this article. He may appoint or designate such other municipal officers or employees as his assistants as may be required to perform such of his functions and powers under this article as he deems necessary for the enforcement of this article, including the making of inspections and the holding of hearings.
B. 
Inspection of premises. All premises within the Borough of Roselle covered by this article shall be subject to inspection from time to time by the public officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the public officer is hereby authorized to enter, examine and survey, at all reasonable times, all such premises; provided, however, that such entries are made in such manner so as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the public officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
C. 
Determination of unfitness for use or occupancy. For the purpose of this article, the public officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the Borough. Such conditions may include the following, without limiting the generality of the foregoing: the hazards of fire, accident or other calamities, dilapidation and deterioration.
D. 
Charges and hearing. Whenever a petition is filed with the public officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the Borough charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the public officer, on his own motion, that any building is unfit for human habitation or occupancy or use, the public officer shall, if his preliminary investigation discloses a basis of such charges, issue and cause to be served upon the owner of, and parties in interest in, such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed, not less than 10 days nor more than 30 days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts of the State of New Jersey shall not be controlling in hearings before the public officer.
E. 
Finds of fact and order. If, after the notice and hearing provided for in Subsection D above, the public officer determines that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
(1) 
The repair, alteration or improvement of said building to which time shall be set forth in the order, or, at the option of the owner, to vacate or to have said building vacated and closed within the time set forth in the order.
(2) 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in said order of removal.
F. 
Failure of owner to comply with order to repair or vacate. If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed, and may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
G. 
Failure of owner to comply with order to remove or demolish. If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids thereof.
H. 
Lien of municipality.
(1) 
The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this article determined in favor of the Borough of Roselle; and the cost of any such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, undertaken pursuant to Subsections F and G hereof or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof shall be a municipal lien against the real property upon which such cost was incurred.
(2) 
If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement (herein called the "municipal lien certificate") of the aforesaid costs and the amount so due shall be forthwith forwarded by the public officer to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the public officer, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order of judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing contained in this article shall be construed to limit or declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days of the date of the filing of the municipal lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
I. 
Certificate of necessity.
(1) 
Who may apply. Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this article without having a right of access to the premises through or across adjoining premises not owned by him or under his control and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of affidavit by such owner, operator or occupant with the public officer, setting forth the facts and applying for a certificate of necessity on said application upon the applicant for such certificate and upon the owner or persons empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by N.J.S.A. 40:48-2.7, except that the public officer shall not be required to record or lodge a copy of such notice with the county recording officer of the County of Union. At least 10 days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the public officer in the exercise of reasonable diligence, at least 30 days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof.
(2) 
Hearing. On the day fixed for hearing, the public officer shall provide opportunity for the owner or person empowered to grant such access or to state why such access should not be granted.
(3) 
Issuance of certificate conditions. If the public officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this article, then the public officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate precautions to be taken to avoid damage and, where the public officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set forth for the bond shall take into consideration the extent, nature and duration of the repair and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the public officer.
(4) 
Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder or any interference with the purpose for which a certificate is issued shall be a violation of this article, and in addition to the penalties provided hereunder, the public officer may, upon affidavit setting forth the facts, apply to the Judge of the Borough of Roselle or the Superior Court of New Jersey for a warrant authorizing access, and if the Judge is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of a warrant permitting access.
J. 
Service, oaths, rules and regulations. Complaints, orders and certificates of necessity issued by the public officer pursuant to this article shall be served and recorded or lodged for the record in the manner prescribed in N.J.S.A. 40:48-2.7. The public officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this article, including but not limited to the following, in addition to others herein granted to administer oaths and affirmations, to examine witnesses and receive evidence and to make and adopt such written rules and regulations as he may deem necessary, and the Borough Council approves by resolution, for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article nor in anywise alter, amend, add to or supersede any of the provisions hereof. The public officer shall file a certified copy of all such rules and regulations in his office and in the office of the Borough Clerk.
K. 
Annual review of code provisions and operations. The public officer shall submit to the Borough Council each year, an annual report of his activities during the preceding calendar year, which said report shall include such recommendations as he may have with reference to proposed amendments to this article.
The service of orders for the correction of violations of this article shall be made upon the owner, occupant or other persons responsible for the conditions, either by delivering the same to and leaving it with any person in charge of the premises or by sending it by mail to the owner, occupant, operator or other parties in interest.
[Amended 12-19-2001 by Ord. No. 2148]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not more than $1,000 or be subject to imprisonment in the county jail for a period of 90 days or by a period of community service not exceeding 90 days. The Court may impose all, some or any combination of these sanctions.