[G.O. No. 998, § 1]
Pursuant to the provisions of Chapter 21, Public Laws 1946 (Revised Statutes of New Jersey, Section 40:49-5.1) the "New Jersey State Housing Code" as approved by the departments of health and conservation and economic development and filed in the secretary of state's office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. Three copies of the "New Jersey State Housing Code" have been placed on file in the office of the Town Clerk and are available to all persons desiring to use and examine the same.
[G.O. No. 998, § 2; G.O. No. 1591, § I]
This is hereby created a "housing code committee" which is designated
as the officer to exercise the powers prescribed by this chapter,
and the members thereof shall serve in such capacity without any additional
compensation. Such committee shall consist of the health officer,
who shall be the chairman of such committee, the fire prevention officer
of the Fire Department and the housing code enforcement officer, or
their designee. In the case of an absence, any of the aforesaid officials
may designate another person from their department to attend and act
in their place.
[G.O. No. 998, § 3]
The members of the committee, and any persons designated by
it, are hereby authorized and directed to make inspections to determine
the condition of dwellings, dwelling units, rooming units, and premises
located within the Town in order that they may perform their duty
of safeguarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such inspections,
such persons are hereby authorized to enter, examine and survey at
all reasonable times all dwellings, dwelling units, rooming units,
and premises. The owner or occupant of every dwelling, dwelling unit,
and rooming unit, or the person in charge thereof, shall give them
free access to such dwelling, dwelling unit or rooming unit and its
premises at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof, or his agent or employee, access to
any part of such dwelling or dwelling unit, or its premises, at all
reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or with any lawful rule or regulation adopted or any lawful
order issued pursuant to the provisions of this chapter.
[G.O. No. 998, § 4]
Whenever the chairman determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter, or of any rule or regulation adopted pursuant thereto, he
shall give notice of such alleged violation to the person or persons
responsible therefor as hereinafter provided. Such notice shall (a)
be put in writing; (b) include a statement of the reasons why it is
being issued; (c) allow a reasonable time for the performance of any
act it requires, and (d) be served upon the owner or his agent, or
the occupant, as the case may require; provided, that such notice
shall be deemed to be properly served upon such owner or agent, or
upon such occupant, if a copy thereof is served upon him personally;
or if a copy thereof is sent by registered mail to his last known
address; or if a copy thereof is posted in a conspicuous place in
or about the dwelling affected by the notice; or if he is served with
such notice by any other method authorized or required under the laws
of this state. Such notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto.
Any person 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 thereto, may request and shall be granted
a hearing on the matter before the committee; provided, such person
shall file in the office of the Town Clerk 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 chairman 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 committee
may postpone the date of the hearing for a reasonable time beyond
the ten-day period, if in its judgment the petitioner has submitted
a good and sufficient reason for such postponement. After such hearing
the committee shall sustain, modify, or withdraw the notice, depending
upon its findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied
with. If the committee sustains or modifies such notice, it shall
be deemed to be an order. Any notice served pursuant to this chapter
shall automatically become an order if a written petition for a hearing
is not filed in the office of the Town Clerk within 10 days after
such notice is served. The proceedings at such hearing, including
the findings and decision of the committee, shall be summarized, reduced
to writing, and entered as a matter of public record in the office
of the Town Clerk. 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 committee may seek relief therefrom in any
court of competent jurisdiction, as provided by the laws of the state.
Whenever immediate action is necessary to protect the public health,
or safety, the chairman 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 petition to the committee shall be
afforded a hearing as soon as possible. After such hearing, depending
upon its findings as to whether the provisions of this chapter and
of the rules and regulations adopted pursuant thereto have been complied
with, the committee shall continue such order in effect or modify
or review it.
[G.O. No. 998, § 5]
The committee is hereby authorized and empowered to make and
adopt such written rules and regulations as it may deem necessary
for the proper enforcement of the provisions of this chapter; provided,
however, that such rules and regulations shall not be in conflict
with the provisions of this chapter, nor in any-wise alter, amend
or supersede any of the provisions thereof. The committee shall file
a certified copy of all rules and regulations which it may adopt in
the chairman's office and in the office of the Town Clerk.
[G.O. No. 1225, §§ I and II; G.O. No. 998,
§ 6; G.O. No. 1031, § 1; G.O. No. 1043, § 1;
G.O. No. 1266, § 1; G.O. No. 1286, §§ I and
II; G.O. No. 1328, § 1; G.O. No. 1430, § I]
(a)
The following provisions supplement and amend the code and shall
govern wherever in conflict with the requirements of the Housing Code:
(1)
Garbage and Rubbish Storage. Garbage, other organic waste and
rubbish, excepting grass clippings and garden refuse, shall be placed
in watertight receptacles of metal or other approved material, at
or behind the building line. Such receptacles shall be provided with
tight-fitting covers.
Grass clippings and garden refuse shall be placed in plastic
bags or other approved disposable containers and placed behind the
curbline no sooner than 4:00 p.m. the day before each pickup of the
week. Each dwelling shall be limited to the placing of three such
containers on each collection day of the week.
At least one approved type of garbage receptacle and at least
one approved type of rubbish receptacle shall be provided for each
dwelling unit, in accordance with Subsection 12.9 of the Housing Code.
(2)
Heating equipment. Every space heater except as provided herein
shall be properly vented to a chimney or duct leading outdoors and
be permanently attached to the building or structure in which it is
located. Such ducts and chimneys shall be constructed in accordance
with the Building Code. The use of unvented portable space heaters
burning kerosene fuel is permitted in detached single family residential
dwellings outside the business zones provided such heaters meet at
least the following requirements as a minimum:
a.
The entire unit is approved by Underwriters Laboratories or
an equivalent approved testing laboratory;
b.
Fuel is unpressurized and unit is wick fed, not gravity fed;
c.
Unit has an automatic shutoff device which stops the flow of
fuel and extinguishes the flame if unit is tipped or struck;
d.
Unit has push button start with electrical or flint ignition;
e.
Radiant units have double wall construction;
f.
Unit has a metal base and drip plate;
g.
All joints or fittings in contact with fuel have oil resistant
seals to prevent leaks in case of a tipover.
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Detached single family dwellings for purposes of this subparagraph
do not include condominium units where more than one unit is attached
to another or located in a larger structure.
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The use of such unvented portable kerosene space heaters is
prohibited in all structures including detached single family dwellings
in the B-1 and B-2 business zones as set forth in the zone map of
the Town of Westfield, except that stores selling such equipment are
permitted to store units on the premises and demonstrate their operation
to potential customers.
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The use of all other unvented portable space heaters having
solid, liquid or gaseous fuel is prohibited in all zones.
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The use of electrical portable space heaters approved by Underwriters
Laboratories or an equivalent approved testing laboratory is permitted
in all zones.
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(3)
Egress. Every dwelling unit used for sleeping purposes above
the second floor shall be provided with its own safe and unobstructed
means of egress.
(4)
Maintenance. Every stairway six or more feet in height, shall
be properly banistered and safely balustraded.
Every porch, balcony, roof or similar place higher than five
feet above the ground, used for egress or for use of occupants shall
be provided with adequate railings or parapets. Such protective railings
or parapets shall be properly balustraded and be not less than two
feet in height.
Screens shall not be required on any portion of a building which
is summer air-conditioned.
All vacant land, lots and premises without buildings thereon,
whether designed for residential, commercial, business or industrial
purposes, shall be clean and free from garbage, rubbish, trash, waste
and debris of any kind whatsoever and from any and all conditions
which might result in a hazard to safety. All grass, hedges and shrubbery
shall be kept trimmed and shall not be permitted to become overgrown
and unsightly. All fences surrounding the vacant lands, lots or premises
without buildings thereon, shall be kept in good repair.
The area located between the street property line of abutting vacant or developed property, and the street or roadway itself, including the sidewalk, if any, shall be clean and free from garbage, rubbish, trash, waste and debris or any kind whatsoever and from any and all conditions which might result in a hazard to safety. Sidewalks, if any, shall be kept in good condition and repair, free of holes, cracks, obstructions, unevenness or anything else that might result in a hazard to safety. All grass, hedges and shrubbery shall be kept trimmed and shall not be permitted to become overgrown and unsightly, and shall be cut back, trimmed or removed in all such locations where shrubbery, hedges, trees or other growth obstruct vision for operators of vehicles on the public roads, or preclude appropriate sight distances for operators of vehicles at intersections, pursuant to Chapter 29 of the Town Code.
(5)
Responsibilities of owners and occupants. The owner of vacant
land lots or premises without buildings thereon, shall be responsible
for compliance with all pertinent provisions of this chapter relative
to such vacant land and its condition.
The owner of abutting vacant or developed property shall be
responsible for compliance with all pertinent provisions of this chapter
relative to the area located between the street property line and
the street or roadway itself, including the sidewalk, if any.
(6)
Use and occupancy of space. Every dwelling unit shall contain
at least 200 square feet of usable floor area for each and every occupant
thereof who is age 17 years or younger, and every dwelling unit shall
contain at least 400 square feet of usable floor area for each and
every occupant thereof who is over the age of 17 years.
[G.O. No. 998, § 7]
No person shall occupy as owner-occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the "New Jersey
State Housing Code" established hereby as the standard to be used
in determining whether a dwelling is safe, sanitary and fit for human
habitation.
[G.O. No. 998, § 8]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed $200 or by imprisonment in the county jail
for a period of not to exceed 90 days or by both such fine and imprisonment,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
