[Editor's Note: See also Chapter 8, Building and Housing.]
[Ord. #1474]
This chapter shall be known as "The Property Maintenance Code
of the Township of Lyndhurst" and may be referred to in this chapter
in the short form as "The Property Maintenance Code" or as "this code."
[Ord. #1474]
Is is hereby found and declared that there exist in the township
structures which are, or may become in the future, substandard with
respect to structural integrity, equipment or maintenance, or further
that such conditions including but not limited to structural deterioration,
lack of maintenance of exterior premises, infestation, lack of essential
heating, plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential facilities and utilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health safety, morals,
welfare and reasonable comfort of the citizens and inhabitants of
the township. It is further found and declared that by reason of lack
of maintenance and progressive deterioration, certain properties have
the further effect of creating, blighting conditions and initiating
slums, and that if the same are not curtailed and removed, the aforesaid
conditions will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that by reason of timely regulations and restrictions as herein
contained, the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of dwellings and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
[Ord. #1474]
The purpose of this code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
conditions of occupancy and maintenance of premises; to establish
minimum standards governing utilities and other physical components
and conditions essential to make structures fit for human habitation
and occupancy; to fix certain responsibilities and duties upon owners
and operators, and distinct and separate responsibilities and duties
upon occupants of buildings; to authorize and establish procedures
for the inspection of dwellings and other buildings; to fix penalties
for the violations of this code; to provide for the right of access
across adjoining premises to permit repairs; and to provide for the
repair, demolition or vacation of dwellings or other buildings unfit
for human habitation. This code is hereby declared to be remedial
and essential for the public interest and it is intended that this
code be liberally construed to effectuate the purposes as stated herein.
[Ord. #1474]
As used in this chapter.
Shall mean a building which is customarily used as an incidental
building to a principal building, and located on the same lot with
such principal building, excluding however, any structure which is
attached to a principal building.
Shall mean a portion of a building partly but not more than
one-half below the level of the grade. It shall be counted as a story
in determining the height of a building.
Shall mean enclosed space containing one or more bathtubs,
showers, or both, and which shall also include toilets, lavatories,
or fixtures serving similar purposes.
Shall mean a portion of a building more than one-half below
the level of the grade. It shall not be counted as a story in determining
the height of the building.
Shall mean the condition of a building or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
Shall mean any building which was or is wholly or partly
used or intended to be used for living or sleeping quarters by human
occupants.
Dwelling units shall mean any room or group of rooms located
within a dwelling and forming a single habitable unit with facilities
which are used or are intended to be used for living, sleeping, cooking
and eating.
Multiple dwelling shall mean any dwelling containing three or
more dwelling units.
Single-family dwelling shall mean a building designed for and
occupied exclusively by not more than one family.
Two-family dwelling shall mean a building designed for and occupied
exclusively by not more than two families.
Shall mean any person under the age of 18 who is gainfully
employed and self-supporting or who is married to a spouse who is
gainfully employed and who supports the minor or who is a student
living away from home in regular attendance at an institution of higher
learning.
Shall mean open space on the premises outside of any building
thereon.
Shall mean 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; by poisoning,
spraying, fumigating, trapping, or by any other approved means of
pest elimination.
Shall mean a family is one or more persons who live together
in one dwelling unit and maintain a common household, and who are
related by blood, marriage or adoption. For the purpose of this chapter,
a family includes only a husband and wife, son, son-in-law, daughter,
daughter-in-law, father, father-in-law, mother, mother-in-law, brothers
and sisters, grandparents, grandchildren, stepchildren, and bona fide
family servants living in and working full time on the premises.
Shall mean anything or any act which increases or may cause
an increase of the hazard or menace of fire to a greater degree than
that customarily recognized as normal by persons in the public service
of preventing, suppressing, or extinguishing fire; or which may obstruct,
delay or hinder, or may become the cause of an obstruction, a delay,
a hazard or a hindrance to the prevention, suppression or expression
or extinguishment of fire.
Shall mean chief of the fire prevention bureau of the township.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean rooms used or designed for use by one or more
persons for living or sleeping or cooking and eating but not including
bathrooms, water closet compartments, laundries, serving and storage
pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler
rooms, and utility rooms. Other rooms or spaces that are not used
frequently or for an extended period or that which has less than 70
square feet of floor area, shall not be considered as habitable rooms.
Shall mean the sanitarian of the township.
Shall mean the officials, officers or employees of the township
entrusted with the enforcement of this code.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard.
Shall mean a portion of a dwelling unit designated or used
for cooking and eating. Stove, refrigerator, sink or cabinets must
occupy at least 16 square feet of kitchen area.
Shall mean:
Any public nuisance known at common law or in equity jurisprudence,
or as provided by the statutes of the State of New Jersey, or the
ordinances of the township.
Any attractive nuisance which may prove detrimental to the health
or safety of persons whether in a building, on the premises of a building,
or upon an unoccupied lot. This includes, but is not limited to: abandoned
wells, shafts, basements, excavations, abandoned iceboxes, refrigerators,
motor vehicles, and structurally unsound structures, lumber, trash,
fences, debris, or vegetation such as poison ivy, oak or sumac, which
may prove a hazard for inquisitive persons.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the condition exists.
Overcrowding of a room with occupants in violation of this code.
Insufficient ventilation or illumination in violation of this
code.
Inadequate or insanitary sewage or plumbing facilities in violation
of this code.
Insanitary conditions or anything dangerous to health, in violation
of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Shall mean any person living, sleeping, or having actual
possession of a business, dwelling unit or rooming unit.
Shall mean any person who has charge, care or control of
a dwelling whether with or without the knowledge and consent of the
owner.
Shall mean any person, who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
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, executrix, administratrix, trustee,
receiver or guardian of the estate, or as a mortgage in possession
regardless of how such possession was obtained. Any person who is
a lessee subletting or reassigning any part or all of any dwelling
or dwelling unit shall be deemed to be a co-owner with the lessor
and shall have joint responsibility over the portion of the premises
sublet or assigned by the lessee.
Shall mean all of the following supplies, facilities and
equipment, gas pipes, gas burning equipment, water pipes, garbage
disposal units, waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes-washing machines,
catch basins, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines, and water pipes
and lines utilized in conjunction with air conditioning equipment.
Shall mean a lot, plot or parcel of land including the buildings
or structures thereon.
Shall mean the sanitarian, chief of the fire prevention bureau
and the construction official of the township and such officials as
designated to act in behalf of the township by the board of commissioners.
Shall mean 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.
Shall mean registered mail or certified mail.
Shall mean space in an enclosed building, or space set apart
by a partition or partitions, and any space in a building used or
intended to be used as a bedroom, dining room, living room, kitchen,
sewing room, library, den, music room, dressing room, enclosed sleeping
porch, sun room, party room, recreation room, breakfast room, study,
storage room and similar uses.
Shall mean any room or group of rooms forming a single habitable
unit other than a dwelling unit, which is rented or available for
rent for sleeping purposes, without cooking facilities.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
Shall mean any sanitary sewer owned, operated and maintained
by the township and available for public use for the disposal of sewage.
Shall mean waste from a flush toilet, bathtub, sink, lavatory,
dishwashing or laundry machine, or the water-carried waste from any
other fixture or equipment or machine.
Shall mean that area of a structure comprised between a floor
and a floor or roof next above. No such area shall be considered a
story if of less than seven feet average height. Any such area of
less than seven feet average height shall be considered a half-story.
Shall mean that which is built or constructed, or any piece
of work artificially built or composed of parts joined together in
some definite manner, the use of which requires more or less permanent
location on or in the ground. The word "structure" shall be construed
as if followed by the words "or part thereof," and shall be construed
to include a building or buildings.
Shall mean supply and removal of air to and from any space
by natural or mechanical means.
Shall mean ventilation by power-driven devices.
Shall mean ventilation by opening to outer air through windows,
skylights, doors, louvers.
Shall mean enclosed space containing one or more toilets
which may also contain one or more lavatories, urinals and other plumbing
fixtures.
Shall mean deterioration, decay or damage, caused by exposure
to the elements.
|
Meaning of certain words: Whenever the words "accessory structure,"
"building", "dwelling", "dwelling unit" or "structure" are used in
this code they shall be construed, unless expressly stated to the
contrary, to include the plurals of these words and as if they were
followed by the words "or any part thereof". The word "shall" shall
be applied retroactively as well as prospectively.
|
[Ord. #1474; Ord. #1481]
Every building and the premises on which it is situated in the
township, except one family dwellings, used or intended to be used
for human occupancy or habitation, shall comply with the provisions
of this code whether or not such building shall have been constructed,
altered or repaired before or after September 8, 1970 and irrespective
of any permits or licenses which shall have been issued for the use
or occupancy of the building or premises, for the construction or
repair of the building or for the installation or repair of equipment
or facilities prior to September 8, 1970. The provisions of this chapter
may apply to one family dwellings, if a duly sworn complaint is signed
by a citizen and filed with a public officer. This code establishes
minimum standards for the initial and continued occupancy of all buildings
and does not replace or modify standards otherwise established for
the construction, repair, alteration or use of the building, equipment
or facilities contained therein, except as provided elsewhere in this
code.
Where there is a building with mixed occupancy, any rooming
unit or dwelling unit therein shall be nevertheless regulated by and
subject to the provisions of this code.
[Ord. #1474]
In any case where provisions of this code impose a higher standard
than that set forth in any other ordinance of the township under the
laws of the State of New Jersey, then the standard as set forth herein
shall prevail. If the provisions of this code impose a lower standard
than any other ordinance of the township or the laws of the State
of New Jersey, then the higher standard contained in any other such
ordinance or law shall prevail.
[Ord. #1474]
After September 8, 1970 all licenses and permits thereof shall,
where this code is applicable, be issued upon compliance with this
code as well as compliance with the ordinance under which such licenses
and permits are granted.
[Ord. #1474]
No license or permit or other certification of compliance with
this code shall constitute a defense against any other ordinance of
the township applicable to any structure or premises, nor shall any
provision herein relieve any owner, operator or occupant from complying
with any such other provision nor any official of the township from
enforcing any such other provision.
[Ord. #1474]
Owners and operators shall have all the duties and responsibilities
as described in this code and the regulations promulgated pursuant
thereto and no owner or operator shall be relieved from any such duty
and responsibility nor be entitled to defend against any charge of
violation thereof by reason of the fact that the occupant is also
responsible therefor and in violation thereof.
[Ord. #1474]
Occupants shall have all the duties and responsibilities as
prescribed elsewhere in this code and all the regulations promulgated
pursuant thereto and the occupant shall not be relieved from any such
duty and responsibility nor be entitled to defend against any charge
of violation thereof by reason of the fact that the owner or operator
is also responsible therefor and in violation thereof.
[Ord. #1474]
Unless expressly provided to the contrary of this code, the
respective obligations and responsibilities of the owner and operator
on one hand and the occupant on the other shall not be altered or
affected by any agreement or contract by and between any of the aforesaid
or between them and other parties.
[Ord. #1474]
The exterior of the premises and of all structures thereon shall
be kept free of all nuisances and any hazards to the safety of occupants,
pedestrians and other persons utilizing the premises, and shall be
kept free of insanitary conditions and any of the foregoing shall
be promptly removed and abated by the owner or operator. It shall
be the duty of the owner or operator to keep the premises free from
hazards which include but are not limited to the provisions and conditions
hereinafter enumerated.
[Ord. #1474; amended 6-13-2023 by Ord. No. 3164-23]
Brush, weeds, broken glass, stumps, roots, obnoxious growths,
fallen leaves, filth, garbage, trash, refuse, nuisances and debris.
[Ord. #1474]
Dead and dying trees and limbs or other natural growth which
by reason of rotting or deteriorating condition or storm damage constitute
a hazard to persons in the vicinity thereof. Trees shall be kept pruned
and trimmed to prevent such condition.
[Ord. #1474]
Loose and overhanging objects and accumulations of ice and snow
which by reason of location above ground level constitute a danger
of falling on persons in the vicinity thereof.
[Ord. #1474]
Holes, excavations, breaks, projections, obstructions, icy conditions
and excretions of pets and other animals on paths, walks, driveways
and other parts of the premises which are accessible to and are used
by persons on the premises, all such holes and excavations shall be
filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or insanitary conditions
with reasonable dispatch upon their discovery.
[Ord. #1474]
Adequate runoff drains shall be provided and maintained to eliminate
any such recurrence or excessive accumulations of storm water.
[Ord. #1474; Ord. #2479; amended 6-13-2023 by Ord. No. 3160-23]
No currently uninspected or unregistered passenger motor vehicle
shall be parked or stored on any property in a residential district
or business district, except for a new or used auto sales or auto
repair business, as defined by the Zoning Ordinance of the Township
for a period exceeding 30 days, provided said vehicle was previously
registered to an occupant of the residence. At no time shall the vehicle
be in any state of disassembly, disrepair or shall it be in the process
of being stripped or dismantled outside an enclosed building. At no
time shall any vehicle of any type undergo major overhauling, including
body work, in any other zone except at an approved automobile establishment.
[Ord. #2178, § I; Ord. #2727, § 2]
a.
The owners or tenants bordering or abutting public sidewalks shall
remove all ice and snow from the sidewalks in front of such land within
the next 48 hours after cessation of the snow fall.
b.
It shall be a violation of this subsection to place the removed snow
onto a public street.
c.
The penalty for violation of this section shall be $250 upon conviction
in the municipal court.
d.
Complaints may be signed by health department employees, department
of public works employees or police officers.
[Ord. #1474]
The exterior of every structure or accessory structure (including
fences, signs and store fronts) shall be maintained so that the appearance
of the premises and all buildings thereon shall reflect a level of
maintenance in keeping with the standards of the neighborhood or such
higher standards as may be adopted by the township and such that the
appearance of the premises may be preserved, safety and fire hazards
eliminated and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration and downgrading of the neighborhood, protecting them
from the blighting influences with the accompanying diminution of
property values including the following.
[Ord. #1474]
There shall not be stored or used at a location visible from
the sidewalk, street or other public areas equipment and material
relating to commercial or industrial uses unless permitted under the
zoning ordinance for the premises.
[Ord. #1474]
Premises shall be kept landscaped and lawns, hedges, bushes
shall be kept trimmed and from becoming overgrown and unsightly.
[Ord. #1474]
All permanent signs and billboards exposed to public view permitted
by reason of other regulations as a lawful nonconforming use shall
be maintained in good repair. Any signs which have excessively weathered
or faded or those upon which the paint has excessively peeled or cracked
shall, with their supporting members, be removed forthwith or put
into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
[Ord. #1474]
Any temporary sign or other paper advertising material glued
or otherwise attached to a window or windows or otherwise exposed
to public view shall be removed: (a) at the expiration of the event
or sale for which it is erected or (b) within 60 days after erection,
whichever shall occur sooner.
[Ord. #1474; amended 6-13-2023 by Ord. No. 3162-23]
Except during the course of repairs or alterations, no more
than 10% of the square footage of any single window display shall
be devoted to signs or other temporary advertising material attached
to the window or window or otherwise exposed to public view. Any window
coverage intended to prevent a cash register, point-of-sale, or a
food prep area from being visible from public view will not be considered
towards the 10% coverage area.
[Ord. #1474]
Any awning or marquee and its accompanying structural members
which extend over any street, sidewalk or other portion of the premises
shall be maintained in good repair and shall not constitute a nuisance
or a safety hazard. In the event such awnings or marquees are not
properly maintained in accordance with the foregoing, they shall,
together with their supporting members be removed forthwith. In the
event the awnings or marquees are made of cloth, plastic, or of similar
materials, the cloth or plastic, where exposed to public view, shall
be maintained in good condition and shall not show evidence of excessive
weathering, discoloration, ripping, tearing, or other holes. Nothing
herein shall be construed to authorize any encroachment on streets,
sidewalks, or other parts of public domain.
[Ord. #1474]
All display windows exposed to public view shall be kept clean
and free of marks or foreign substances except when necessary in the
course of changing displays. All screening of interior shall be maintained
in a clean and attractive manner and in a good state of repair.
[Ord. #1474]
All store fronts shall be kept in good repair, painted where
required, and shall not constitute a safety hazard or nuisance. In
the event repairs to a store front become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the store front in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a store front shall be kept
painted, where required, and in good repair.
[Ord. #1474]
All reconstruction of walls and sidings shall be of standard
quality and appearance commensurate with the character of the properties
in the same block and on both sides of the street on which the premises
front; such that the materials used will not be of a kind that by
their appearance under prevailing appraisal practices and standards
as determined by the public officers will depreciate the values of
neighboring and adjoining premises as aforesaid.
[Ord. #1474]
The exterior of every structure or accessory structure (including
fences) shall be maintained in good repair and all surfaces thereof
shall be kept painted or whitewashed when necessary for the purposes
of preservation and appearance. The same shall be maintained free
of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint or other condition reflective of deterioration or inadequate
maintenance to the end that the property itself may be preserved,
safety and fire hazards eliminated, and the adjoining properties and
the neighborhood protected from blighting influences.
[Ord. #2489]
All premises and exterior property shall be maintained free
from weeds or plant growth in excess of 10 inches. All noxious weeds
shall be prohibited. Weeds shall be defined as all grasses, annual
plants and vegetation, other than trees or shrubs provided however
that this term shall not include cultivated flowers and gardens.
[Ord. #2489]
Pipes ducts, conductors, fans or blowers shall not discharge
gases, steam vapor, hot air, grease, smoke, odors or other gaseous
or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
[Ord. #2489]
No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface
to an approved state of maintenance and repair.
[Ord. #2489]
All exterior surfaces, including but not limited to doors, door
and window frames, cornices, porches, trim, balconies, decks and fences
shall be maintained in good condition. Exterior wood surfaces, other
than decaying resistant woods, shall be protected from the elements
and decay by painting or other protective covering or treatment. Peeling,
flaking, and chipped paint shall be eliminated and surfaces repainted.
All siding and masonry joints as well as those between the building
envelope and the perimeter of windows, doors and skylights shall be
maintained weather resistant and water tight. All metal surfaces subject
to rust or corrosion shall be coated to inhibit such rust and corrosion
and all surfaces with rust or corrosion shall be stabilized and coated
to inhibit further rust and corrosion. Oxidation stains shall be removed
from exterior surfaces. However, surfaces designed for stabilization
by oxidation are exempt from this requirement.
[Added 6-13-2023 by Ord. No. 3161-23]
All holiday lights and decorations, in residential and business
districts, must be taken down and removed within 30 days from the
culmination or conclusion of the holiday.
[Ord. #1474]
Every dwelling and accessory structure and every part thereof
shall be kept structurally sound and in a state of good repair to
avoid safety, health or fire hazards, including the following.
[Ord. #1474]
Foundation walls shall be kept structurally sound, free from
defects and damage and capable of bearing imposed loads safely.
[Ord. #1474]
Basements, cellar and crawl spaces are to be free of moisture
resulting from seepage, and cross ventilation shall be required where
necessary to prevent accumulations of moisture and dampness.
[Ord. #1474]
Chimneys and all flue and vent attachments thereto shall be
maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed. Chimneys, flues, gas vents or other draft producing equipment
shall provide sufficient draft to develop the rated output and the
connected equipment shall be structurally safe, durable, smoke tight
and capable of withstanding the action of flue gases.
[Ord. #1474]
Exterior porches, landings, balconies, stairs and fire escapes
shall be provided with banisters or railings properly designed and
maintained to minimize the hazard of falling and the same shall be
kept structurally sound in good repair and free from defects.
[Ord. #1474]
Exterior walls, sidings and roof shall be kept structurally
sound, in good repair and free from defects.
[Ord. #1474]
All exposed surfaces susceptible to decay shall be kept at all
times painted or otherwise provided with a protective coating sufficient
to prevent deterioration.
[Ord. #1474]
Every dwelling shall be so maintained as to be weather and water-tight.
[Ord. #1474]
Exterior walls, roofs, window, window frame, door, door frame
foundation and other parts of the structure shall be so maintained
as to keep water from entering the structure and to prevent excessive
drafts. Damaged materials must be repaired or replaced promptly. Places
showing signs of rot, leakage, deterioration or corrosion are to be
restored and protected against weathering or seepage.
[Ord. #1474]
All parts of the premises shall be maintained so as to prevent
infestation.
[Ord. #1474]
Properly fitting screens in good repair shall be supplied for
each exterior door and window of each dwelling unit. Such screens
shall have a mesh of not less than No. 16. In establishments subject
to licensing and in all buildings where janitor service is required
screens shall be installed and maintained by the owner or operator
on all doors and windows which can be opened from May 1 until October
1 of each year.
[Ord. #1474]
All parts of the dwellings and structures shall be kept in a
clean and sanitary condition, free of nuisances and free from health,
safety and fire hazards.
[Ord. #1474]
No accumulations or obstructions from garbage, refuse or rubbish
shall be permitted on common areaways, stairways, balconies, porches,
hallways, basements or cellars, except garbage stored in proper containers,
may be set out for removal.
[Ord. #1474]
Floors, interior walls and ceilings of every structure used
for human habitation or occupancy shall be structurally sound and
maintained in a clean and sanitary condition.
[Ord. #1474]
Floors shall be considered to be structurally sound when capable
of safely bearing imposed loads and shall be maintained at all times
in a condition so as to be smooth, clean, free from cracks, breaks
and other hazards.
[Ord. #1474]
Bathroom, water closet compartments and kitchen floors shall
be surfaced with water resistant material and shall be kept at all
times in a dry, clean and sanitary condition and the shower room floors
shall be kept clean and sanitary.
[Ord. #1474]
Floors of basements and cellars shall be paved with stone or
concrete not less than four inches thick and shall be maintained at
all times in a condition so as to be smooth, clean, free from cracks,
breaks and other hazards.
[Ord. #1474]
Supporting structural members are to be kept structurally sound,
free of deterioration and capable of bearing imposed loads safely.
[Ord. #1474]
Walls and ceilings shall be considered to be in good repair
when clean, free from cracks, breaks, loose plaster and similar conditions.
[Ord. #1474]
Walls shall be provided with paint, paper ceiling material or
other protective covering so that the walls and ceilings shall be
kept clean, free of visible foreign matter, sanitary and well maintained
at all times.
[Ord. #1474]
Interior stairs of every structure used for human habitation
or occupancy shall be structurally sound and free from defects. Handrailings
or banisters shall be provided for all stairs, balconies, fire escapes
and stairwells and the handrails or banisters shall be securely attached,
maintained free from defects and shall be of sufficient height to
guard against accident and to be appropriate for use by persons of
normal height using the stairway. Stairs shall be adequately lighted
in all places with control switches operable from each story to permit
safe use at night for persons ascending or descending except where
janitorial service is provided and artificial lighting for hallways
and common areaways is supplied in accordance with state law from
a master control switch.
[Ord. #1474; Ord. #1481]
Each dwelling unit containing cooking facilities shall be provided
with a water tight noncombustible container with a tight fitting lid
for the temporary storage of garbage or other refuse.
[Ord. #1474]
Where there are one or more occupants in a dwelling unit other
than the one occupied by the owner, the owner shall supply a water
proof, noncorrosive, noncombustible container at the exterior of the
premises for the removal of garbage and refuse, which container shall
conform to the provisions of the health department of the township.
[Ord. #1474]
The owner or operator shall have the duty and responsibility
of removing garbage whenever a janitor is required for the premises.
[Ord. #1474]
Storage bins, rooms and areas shall not be used for accumulated
garbage, or refuse, provided, however, that enclosed spaces or rooms
in the interior of dwellings which are used exclusively as garbage
collection points equipped with garbage containers complying with
the provisions of the health department of the township shall be permitted.
Inflammable or combustible liquids or other materials may not be stored
on the premises unless they are of a type approved for storage by
the regulations of the fire department and then only in such quantities
and in such fireproof storage containers as may be prescribed by the
regulations.
[Ord. #1474]
In every dwelling containing ten or more dwelling units the
owner shall provide or designate a janitor, caretaker or housekeeper
who shall at all times maintain the premises in compliance with this
code and keep the premises free from filth, garbage, refuse and rubbish,
and who shall be responsible for the daily collection of garbage and
other refuse from the occupants on a regular schedule and at a reasonable
time and place the same out for collection in accordance with the
provisions of the township. The person shall be regularly available
to perform the foregoing duties. The failure of the person so designated
to comply with the provision herein, even in disobedience of instructions
shall not relieve the owner or operator from the duties and responsibilities
imposed by this code.
[Ord. #2751, § 3]
Any owner, operator or occupant who owns, leases, or otherwise
used a garbage or refuse container must ensure that such container
is covered at all times and shall prevent refuse from spilling out
or overflowing.
[Ord. No. 2657-08 § 1]
No containers for the storage of garbage or refuse at the exterior
of a dwelling shall be visible from the public street or right-of-way.
Where the location of such containers is visible from the public street
or right-of-way, they shall be completely concealed by suitable natural
or artificial screening.
[Ord. #1474]
Every facility using running water for domestic purposes within
any building shall be connected to the public water supply system
of the township. The building water system shall be maintained in
good and operable condition at all times so that sufficient positive
pressure shall be available at all installed hot and cold water outlets.
[Ord. #1474]
Every kitchen sink, bathroom sink and basin, tub or shower as
required under this code shall be connected to both the hot and cold
water lines. There shall be sufficient and adequate equipment maintained
in good working condition to supply water at a minimum temperature
as required by the township ordinances.
[Ord. #1474]
Every bathroom required hereunder shall be provided with a flush
toilet connected to the cold water line and a shower or tub and washbasin
connected to running water as set forth above. Bathrooms shall also
be provided with adequate light and ventilation.
[Ord. #1474]
Each facility required above shall be maintained in a sanitary
condition, free from defects and in operating condition at all times.
Where the facility or plumbing fixtures shall be clogged, overflow,
or otherwise necessitate repairs, such repairs shall be performed
forthwith.
[Ord. #1474]
All plumbing fixtures shall be connected to the sanitary sewer
through lines which are free of leaks, corrosion or deterioration
and provide unobstructed passage from the plumbing facilities within
the dwelling to the sanitary sewer.
[Ord. #1474]
Every dwelling unit shall contain a bathroom which shall be
located entirely within that unit and which shall be completely enclosed,
containing the facilities as set forth in this code in a room which
affords privacy to the occupants thereof.
[Ord. #1474]
Every dwelling shall contain heating facilities of sufficient
capacity to maintain a minimum inside temperatures as required by
the township ordinances. In all habitable rooms, bathrooms and water
closet compartments where facilities are found to be of inadequate
size or capacity to accomplish the foregoing, then the owner or operator
shall, at the direction of the public officers, either increase the
capacity of the heating system or close off habitable space so that
the standard as established herein shall be met provided that such
space can be removed as habitable space without creating a violation
of the standards established by this code.
[Ord. #1474]
Central heating shall be required in all dwellings within the
township.
[Ord. #1474]
No other mode of heating shall be permitted unless application
for the approval thereof is made to the public officers and a permit
is issued therefor upon a finding that the facility is so designed
and installed that it does not constitute a hazard to the safety of
the occupants of the dwelling.
[Ord. #1474]
Fuel for the operation of heating equipment shall be stored
outside the premises unless stored in the interior pursuant to the
regulation of the fire department of the township as to the storage
of inflammable materials.
[Ord. #1474]
No heating units shall be converted in any dwelling or part
thereof between October 1 and May 1 where there are occupants other
than the owner or operator dependent upon heat from the unit without
written consent of all such occupants. Nothing herein shall be construed
as preventing emergency alteration or repair.
[Ord. #1474]
Side arm gas water heaters shall not be permitted.
[Ord. #1474]
Heating equipment shall be installed in a manner which will
avoid a dangerous concentration of fumes and gases. Heating equipment
shall not be forced to operate beyond the safe capacity for which
it is designed. Where necessary, exposed heating risers, heating ducts,
hot water lines, shall be covered with an insulating material or guard.
The heating facilities and all parts thereof shall be kept in good
operating condition, free of defects, corrosion and deterioration
at all times.
[Ord. #1474]
Notwithstanding a contract by the occupant to supply his own
heat as provided herein, where the heating unit is installed by or
owned by the owner or operator then the duty to maintain the same
in operable and functioning condition as provided herein shall remain
the duty of the owner or operator.
[Ord. #1474]
The presence of heating outlets, radiators, risers, or returns
in any hall of dwelling unit or rooming unit shall constitute a presumption
that the owner is to supply heat as required hereunder and in the
absence of a clear and convincing proof to the contrary this presumption
shall control.
[Ord. #1474]
Every habitable room shall have at least one window or skylight
facing directly to the outdoors. The minimum aggregate window or skylight
available to unobstructed light shall not be less than 10% of the
floor area of such rooms or 12 square feet, whichever is greater.
The window or skylight shall either open to 45% of the required area
or to be supplied with a mechanical ventilation system of sufficient
capacity provided with the proper opening for incoming or outgoing
air to assure comparable ventilation. Openings for ventilation as
required herein shall include windows, skylights, louvers, monitors
or other openings provided all such openings are easily operable by
the occupants.
[Ord. #1474]
Every bathroom and water closet compartment shall be adequately ventilated with openable area as described in subsection 13-12.16, "Habitable Rooms, Windows and Skylights", totaling 1 1/2 square feet or by comparable mechanical ventilation.
[Ord. #1474]
Every dwelling, dwelling unit and rooming unit shall be properly
connected to and be provided with electric power through safely insulated
conduits conforming to the State Uniform Construction Code.
[Ord. #1474]
Every habitable room shall be equipped with two permanently
installed electrical outlets sufficient to provide lighting and power
and permit the installation of or the use of electrical lights sufficient
to meet the reasonable lighting requirements for normal use of the
room and other electrical equipment normally expected to be used in
that room.
[Ord. #1474]
Every bathroom and water closet compartment shall be provided
with a switch and a wall plate so located and maintained that there
is no danger of short-circuiting from water, from other bathroom facilities,
or from splashing of water.
[Ord. #1474]
Lighting of hallways, stairways, landings and other spaces used
by occupants in common as a normal means of passage shall be sufficient
to provide at least five footcandles measured in the darkest portion.
Light switches for stairs and hallways shall be readily accessible
to occupants using the same and so located as to comply with the provisions
of the paragraph on stairs and railings. Every cellar, basement, workspace
and other part of the structure used occasionally and incidentally
by the occupants shall be provided with artificial light and available
at all times so that there shall be at least three footcandles measured
in the darkest portion trafficked by occupants.
[Ord. #1474]
Except as hereinafter stated, all wiring or cables shall be
properly affixed or attached to the structure. Insulation shall be
provided for all wiring and cables and kept in good repair. No loose
cords or loose extension lines in excess of six feet in length shall
be permitted and no ceiling or wall fixture shall be used for supplying
power to equipment other than that for which they are designed.
[Ord. #1474]
All required lighting fixtures shall be supplied at all times
with functioning light bulbs of sufficient wattage to supply the lumine
requirements of this code.
[Ord. #1474]
Maximum fuse sizes consistent with safety shall be posted conspicuously
on the inside cover of all fuse boxes and no fuse shall be installed
therein in excess of the stated maximum except that owners shall not
be responsible for violation in fuse installations without their knowledge
where the correct size is stated and the fuse box is located within
a dwelling unit or rooming unit in exclusive possession of the occupants
other than the owner.
[Ord. #1474]
Overloading of circuits is prohibited. Where the public officers
find after notice and hearing, that by reason of the appliances and
fixtures there is continuing overloading of an electrical line, creating
a hazard, the owner shall be required to install a line of sufficient
capacity to absorb the load to which the line is subjected or to otherwise
eliminate the conditions causing the overload. For purposes of this
section, the public officers may consider the peak seasonal load to
which the line is subject.
[Ord. #1474]
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required to be supplied by the provisions
of the code to be removed from or discontinued for any occupied dwelling
unit or rooming unit except for necessary repairs, alterations or
emergencies, or for such other reasons, as may be permitted pursuant
to those sections of the township ordinances applicable to such service,
facility, equipment or utility.
[Ord. #1474]
Use of cellar for sleeping purposes is hereby prohibited, except
where the area conforms to the requirements of the National Building
Code as adopted by the township for human habitation provided that:
a.
There be sufficient light and ventilation as more particularly required
by other sections of this code and that natural light and ventilation
are not restricted by reason of walls or other obstructions located
within six feet of any window required pursuant to that section.
b.
That there be a second means of egress conforming to the requirements
of the National Building Code as adopted by the township.
c.
All furnaces or other heating facilities be so located, insulated
and separated from the living area by fireproof partition or walls
necessary pursuant to the regulations of the building department so
that the same does not constitute an undue hazard to the safety and
health of the occupants.
d.
The dwelling units and all walls and floors thereof be free of visible
moisture and seepage at all times.
[Ord. #1474]
A single family dwelling shall be occupied by persons composing
an immediate family and no more than two other persons, providing
the dwelling complies with the State Uniform Construction Code.
[Ord. #1474]
Occupancy of dwelling units or rooming units having only one
habitable room shall be limited to two persons.
[Ord. #1474]
Every dwelling unit shall have a bathroom containing a toilet,
washbasin, bathtub or shower; shall be equipped with private kitchen
facilities and shall comply with such other requirements as are set
forth elsewhere in this code. Where there are more than eight occupants
the unit shall have two bathrooms.
There shall be a second means of egress for all dwelling units
(except in one and two family houses), where dwelling units are located
in basements or above any second story level of any structure.
[Ord. #1474]
The second means of egress from any basement dwelling unit may
be by a second door located independently from the first means of
egress and leading directly to the outside of the premises or in the
alternative a window which shall serve as means of egress in accordance
with the requirements of the building and fire departments of the
township.
[Ord. #1474]
Where a window forms a part of the path of egress from a common
hallway or areaway to a fire escape, the window shall be located no
more than three feet above the floor area and shall provide a minimum
opening of at least three feet in width and four feet in height. The
window shall be easy to open and shall lead directly to the fire escape
or to the immediately adjacent outside ground area with a maximum
drop of three feet thereto. Screens, storm windows and other barriers
to the outside shall be readily open or removed so as not to form
any obstruction to the occupants seeking egress in cases of emergency.
[Ord. #1474]
Any door in the path of egress shall be at least 30 inches in
width, with a minimum height of four feet, shall open in the direction
of exit travel and shall be accessible and free from obstructions
from common hallways or areaways.
[Ord. #1474]
Where two or more exits are required each exit shall be as remote
as practicable from the other exit or exits. All the exits shall be
of such number and so located that the distance of travel from the
door of each rooming unit or dwelling unit on each floor shall not
exceed 50 feet, except in buildings of fireproof construction or buildings
equipped with automatic sprinkling systems throughout, in which buildings
the maximum distance of travel from the door of any unit to the nearest
exit shall not exceed 100 feet, provided that two of the exits shall
be at least 50 feet apart.
[Ord. #1474]
Occupants shall not, after notice as required in this chapter,
occupy or continue to occupy premises which are sub-standard by reason
of the failure of the dwelling unit or rooming unit occupied by them
or of the dwelling or premises to conform to and comply with the requirements
of this code. Upon discovery by the occupant of any condition on premises
occupied by the occupant which constitutes a violation thereof, the
occupant shall report the same to the public officers responsible
for the enforcement hereunder as more particularly set forth elsewhere
in this code.
[Ord. #1474]
All parts of the premises under the control of the occupant
shall be kept in a clean and sanitary condition and the occupant shall
refrain from performing any acts which would render other parts of
the premises unclean or insanitary or which would obstruct the owner
or operator from performing any duty required hereunder or maintaining
the premises in a clean condition.
[Ord. #1474]
Occupants shall place all garbage in the receptacles provided
for garbage disposal and shall, where the janitor service is not supplied,
place for disposal all garbage and other refuse in garbage cans located
in the exterior of the premises in an area designated and set off
for the same. Where janitorial service for the removal of garbage
and other refuse to the exterior of the premises is provided by the
owner or operator, then the occupant shall dispose of garbage and
other refuse in containers provided therefor by the owner or operator
in designated and enclosed areas in the interior of the premises.
Garbage and other refuse shall not be thrown out of windows or down
dumbwaiter, nor shall garbage and refuse be set out on stairways,
common hallways, and common areaways shall be kept free of accumulations
of personal belongings. All dumbwaiters shall be operable at all times
where in existence and used as a regular part of the garbage disposal
system.
[Ord. #1474]
Every occupant of a single family dwelling shall be responsible
for the elimination of infestation in the dwelling and on the premises.
Every occupant of a dwelling unit or rooming unit in a dwelling other
than a single family dwelling shall be responsible for eliminating
all conditions causing infestations which are caused by the occupant
and also those conditions which are subject to and under his exclusive
control.
[Ord. #1474]
Every occupant shall be responsible for willfully or maliciously
causing damage to any part of the premises.
[Ord. #1474]
No occupant shall cause excessive discoloration of the sidewalks
or ceilings of any part of the premises by improper use of heating
or cooking equipment.
[Ord. #1474]
Where any occupant undertakes by contract, or as a condition
of his letting, to supply his own heat through a furnace or boiler
which also heats a dwelling unit or rooming unit occupied by other
persons, the occupant shall be responsible for supplying heat in accordance
with all provisions.
[Ord. #1474]
Where any occupant undertakes to install heating equipment,
the same shall conform to the requirements of this code. The occupant
shall thereafter be responsible for maintaining such equipment installed
by him in good repair and operating conditions during all times that
the heating equipment shall remain under his control.
[Ord. #1474]
Every occupant shall maintain all plumbing fixtures used by
him in a clean and sanitary condition and he shall not deposit any
material in any fixture or sewer system which would result in stoppage
or damage to the fixture or sewer system.
[Ord. #1474]
Where the owner or operator would not otherwise know of a defect
of any facility, utility, equipment required to be furnished hereunder
and the same is defective or inoperable, each occupant affected thereby
shall, upon learning of the defect, provide notice to the owner, operator
or other person in charge of the premises. Nothing herein shall be
construed to provide a defense to any owner or operator violating
this code.
[Ord. #1474]
No occupant shall occupy or permit the occupancy of any rooming
unit or dwelling unit in violation of the occupancy standards established
in this code.
[Ord. #1474]
No occupant shall cook in any dwelling unit except where all
required sanitary facilities are installed as required.
[Ord. #1474]
No occupant shall occupy or continue to occupy a dwelling unit
or a rooming unit that does not have provision for bathroom facilities
as required under various sections of this chapter.
[Ord. #1474]
Any adult member of the family shall be responsible and liable
for any violation of this subsection caused by minors under his or
her care or custody occupying the same dwelling unit, if the violations
were created or permitted to continue with the knowledge or acquiescence
or consent of the adult member.
[1]
Editor’s Note: Prior ordinances codified herein include
portions of Ordinance Nos. 1474 and 1481.
[Ord. #2191, § 1; Ord. #2828-11]
The health sanitarian, code enforcement officer, police officer,
police chief or his designee, fire official, and the construction
official are hereby designated to serve as public officers hereunder
and all inspections, regulations, enforcement and hearings on violations
of the provisions of this code, unless expressly stated to the contrary,
shall be under their direction and supervision. The board of commissioners
shall appoint or designate such other employees of the township to
perform the duties only in the event of their illness or inability
to perform the duties.
[Ord. #2191, § I]
All buildings and premises subject to this code are subject
to inspection from time to time by the public officers only on sworn
complaint having first been filed with the public officers. At the
time of such inspections all rooms in the buildings and all parts
of the premises shall be available and accessible for such inspections
and the owner, operator and occupant are required to provide the necessary
arrangements to facilitate such inspections. Such inspections shall
be made between 8:00 a.m. and 5:00 p.m. unless one of the following
conditions exist:
a.
The premises are not available during the foregoing hours for inspection;
b.
There is reason to believe that violations are occurring on the premises
which can be only apprehended and proven by inspection during other
than the prescribed hours or which require immediate inspection after
being reported, such as failure to supply heat;
c.
There is reason to believe a violation exists of a character which
is an immediate threat to health or safety, requiring inspection and
abatement without delay.
[Ord. #2191, § I]
Public officers and inspectors shall be supplied with official
identification and upon request shall exhibit such identification
when entering any dwelling unit, rooming unit, or other part of the
premises subject to this code. Inspectors shall conduct themselves
so as to avoid intentional embarrassment or inconvenience to the occupants.
They shall explain the purpose of their visit to the occupants.
[Ord. #2191, § 1]
Where any public officer, or duly appointed inspector is refused
entry or access or is otherwise impeded or prevented from conducting
an inspection pursuant to this chapter by the owner, operator, or
occupant of any premises, such public officers may, upon affidavit,
apply to the municipal judge of the township for a search warrant.
If the municipal judge is satisfied as to the matter set forth in
the affidavit, and if he finds that probable cause for issuance of
the search warrant exists, he shall authorize the issuance of the
search warrant permitting access to and inspection of the particularly
described building or all the buildings in a particularly described
area. Probable cause permitting the issuance of the aforesaid search
warrant may include, but is not limited to, the following:
[Ord. #2191, § I; Ord. #2765, § 2]
Except as provided elsewhere in this code, where a violation
of this code or the regulations hereunder is found to exist, any of
the public officers shall, at their discretion, either cause summons-complaints
to be issued for each separate violation, or serve a written order,
upon the person or persons responsible for the correction thereof.
[Ord. #2191, § 1; Ord. No. 2765, § 2]
The order or summons-complaint shall specify the violation or
violations committed. If the public officer shall issue an order,
the order shall set forth a reasonable period of time to correct or
abate the violation(s). If the public officer shall issue a summons-complaint,
the period of time between service of the summons-complaint and the
municipal court hearing or other hearing before a court of competent
jurisdiction shall constitute a reasonable period of time to correct
or abate the violation(s).
[Ord. #2191, § I]
Notice may be served personally or by certified mail and regular
mail with postage prepaid, addressed to the last known address of
the person to be served. In the case of an occupant notice may be
posted upon the door of his dwelling unit or rooming unit. Where it
is ascertained that the owner does not reside on the premises, the
"last known address" shall be the address of the owner as shown in
the office of the tax collector. If the last known address cannot
be ascertained, the notice may be posted on the outside front entrance
of the dwelling. The public officers shall file and provide notices
to any owner, operator or occupant of any violation at any address
other than the last filed with the public officer personally or by
certified mail addressed to the public officer. Service upon an owner,
operator or occupant may also be attained by service of any notice
upon a member of the family of the owner, operator or occupant. Date
of service of the notice shall be determined where service is by mail
as the day following the day of the fourth day after the day of mailing
for notices to addresses outside the township. Where the day of service
would fall upon a Sunday or other day when mail is not ordinarily
delivered, then the day of service shall be the next regular delivery
day.
[Ord. #1474; Ord. #2191, § I]
The public officers may extend the time for correction or abatement
of the violation for an additional reasonable period of time.
[Ord. #2191, § I]
Where the violation or conditions existing on the premises are
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the public officers may either abate
the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a reasonable
period of time, and upon failure to do so, the public officers shall
abate the condition immediately thereafter.
[Ord. #2191, § I]
Where abatement of a violation or condition is required hereunder,
public officers shall cause to be certified to owner of the premises
the cost thereof, and the owner may request a hearing on the reasonableness
of such cost as provided in this section. After such hearing, a final
determination shall be made as to the reasonable cost of abatement,
which determination shall be certified to the tax collector and shall
become a lien on the property and be collected by the same procedure
as real property taxes.
[Ord. #2191, § I]
Any violation of any ordinance other than this code discovered
by an inspector shall be reported to the public officers who shall
refer the alleged violation to the official or agency responsible
for the enforcement of such other ordinance.
[Ord. #2191, § I]
Where there exists a violation of occupancy standards hereunder,
an owner or operator, upon receipt of an order of violation, if unable
to eliminate the violation by peaceable means with the period of time
specified in such notice, shall commence within such period legal
action to dispossess, evict or eject the occupants who cause the violation.
No further action hereunder shall then be taken against the owner
or operator so long as the action aforesaid is pending in the court
and is prosecuted expeditiously and in good faith.
[Ord. #2191, § I]
For the purpose of enforcement of this code, the service of
notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until the
violations are abated in conformity with this code and the other applicable
ordinances of the township.
[1]
Editor’s Note: Prior ordinances codified herein include
portions of Ordinance No. 1474.
[Ord. #2191, § I; Ord. #2765, § 2]
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $1,250
or by imprisonment in the county jail for a period not to exceed 90
days, or by a sentence of community service for a period not to exceed
90 days, or any combination thereof.
[Ord. #2191, § I]
Each section and subsection of this code shall constitute a
separate and distinct violation independent of any other section or
subsection or any order issued pursuant to this code. Each day's failure
to comply with any such section or subsection shall constitute a separate
violation.
[Ord. #2191, § I]
Where the defendant is other than a natural person or persons,
the foregoing penalties shall also apply to any agent, superintendent,
officer, member or partner who shall alone or with others have charge,
care or control of the premises.
[Ord. #1474]
The repeal of any provisions of any other ordinance by this
code shall not affect any action for prosecution or abatement under
any such ordinance or any notice complaint or order issued by any
officer or agency of the township prior to September 8, 1970 or concerning
which any prosecution or other steps of enforcement have been taken
within any administrative agency or in the municipal court for enforcement
thereof.
[Ord. #1474]
The public officers are hereby authorized and empowered to promulgate
such written rules and regulations as may be necessary for the proper
interpretation and administration of the provisions of this code,
provided that such rules and regulations do not conflict with this
code and conform to the general standards prescribed by this code,
and also provided that such rules and regulations have been approved
by the board of commissioners of the township. The public officer
shall file copies of such rules and regulations with the township
clerk, the health department, building department and the fire department
and shall make available in the public officer's office a copy for
inspection by members of the public during business hours. Such rules
and regulations shall have the approval of the health department,
building department and fire department respectively where the provisions
thereof relate to matters which are also in the jurisdiction of and
supervision of each officer. In case of conflict the rule or regulation
may be promulgated by direction of the board of commissioners of the
township. Such rules and regulations shall have the same force and
effect as the provisions of this code as herein provided.
[Ord. #1474]
The public officers shall have the power to withhold strict
enforcement of the requirements of this code upon written application
therefor by an owner, operator or occupant after making a determination
that:
a.
Any variation or modification of a structure or use approved by the
public officers will not in any material way alter the standards of
this code and cannot affect detrimentally the health or safety of
occupants of the premises or the health, safety or welfare of the
occupants or owners of adjacent premises or of the neighborhood; and
b.
Premises subject to this code are contemplated for acquisition or
are within an area where acquisition is contemplated by a public agency
having the power of eminent domain and that there is a reasonable
likelihood that the premises will be acquired within a period of two
years and that the strict enforcement of the provisions of this code
would require the installation of repairs and improvements estimated
to exceed $300 in cost and that there is an alternative means satisfactory
to the public officers to be used which will eliminate violations
of this code constituting hazards to health, safety, welfare of the
occupants of the premises and persons in the immediate vicinity thereof,
provided however that any waiver of the provisions of this code permitted
under this subsection shall be cancelled and the public officers shall
strictly enforce this code if it shall be ascertained subsequent to
the granting of the waiver that the premises are in fact not to be
acquired for public use or purpose.
[Ord. #1474]
Upon denial of any such application, the owner, operator or
occupant may request a hearing which shall be held in accordance with
the provisions of the section upon bearings under the terms of this
chapter.
[Ord. #1474]
Such application shall not constitute a defense to any violation
of this code, concerning which any proceedings are pending in the
municipal court when the application is filed nor shall any variance
or modification allowed hereunder constitute a vested right against
any ordinance enacted hereinafter by the board of commissioners of
the township compelling strict enforcement of any provisions of this
code.
[Ord. #1474]
Where variations or modifications are approved of any section
of this code by the public officers or by the action of any court
a written record thereof stating the name of the applicant, the address
of the premises, the variation or modification approved, date of approval,
and the reasons therefor satisfying the provisions contained herein,
shall be prepared by the public officers and filed both under this
section or sections of the code to which the variation or modification
applies and under the address of the premises and such file shall
be available for public inspection in the office of the public officer
during regular business hours.
[Ord. #1474]
The public officers shall in the month of January of each year,
after notice and public hearing, review with the fire prevention bureau
of the fire department, health department and building inspector the
procedure and operation of this code and report to the board of commissioners
on or before March 1.
a.
Any recommended amendment, addition or modification of provisions
of this code consonant with the field experience of the personnel
charged with the enforcement.
b.
A summary of the enforcement experience indicating number of violations
abated, number of cases processed in the municipal court, number of
inspections made and such other further pertinent information as will
provide the board of commissioners with an annual account of progress
in securing the standards required by this code.
c.
Any further recommendation as to how the code and the procedures
and operations thereunder can be improved.
[Ord. #1474]
Whenever an owner, operator, occupant, prospective purchaser,
mortgagee or prospective occupant shall apply to the public officers
for an inspection in order to ascertain if any section of this code
has been violated, the public officers shall, after obtaining permission
from the owner, operator, or occupant thereof and upon payment of
the fee hereunder stated, cause an inspection to be made of the premises
and issue an information certificate or report of the inspection to
the applicant, indicating therein any violations of this code on the
premises. The applicant for such inspection shall state in writing
his full name, residence and the reason and basis for which the inspection
is requested. The public officers may deny the application for failure
to comply with this requirement.
[Ord. #1474]
Where, in lieu of an inspection, an owner, operator, occupant,
lessee, prospective purchaser, mortgagee or prospective occupant requests
a status report as to whether or not there are any known violations
presently pending on the premises, upon payment of the fee prescribed
herein, a copy of any notice or order on any violation then pending
shall be sent to the applicant.
[Ord. #1474]
No inspection report or status report issued under the terms
of the above sections shall be construed as providing a defense against
any violation of this code or any other ordinance of the township
which may be discovered thereafter, whether or not the condition or
violation existed at the time of any such inspection or status report.
The inspection or status report is provided as a convenience to the
public and shall not be construed to constitute a limitation on the
full enforcement of this code. The inspection or status report shall
include only such matters as are embraced in this code.
[Ord. #1474]
The fee for any inspection report shall be $20 for dwellings
of 10 or less dwelling units, and $1 additional for each unit in excess
of 10, and the fee for any inspection report for commercial buildings
shall be $20. The fee for any status report shall be $2.
[Ord. #1474]
Where any owner, operator or occupant is required to make repairs
or otherwise improve his property and is unable to comply with this
code without having right of access to the building or premises through
or across adjoining premises not owned by him or under his control,
and where right of access has been refused the owner, operator or
occupant, or where the owner or person responsible for granting permission
cannot be found or located, then upon filing an affidavit setting
forth the facts with the public officer, the public officer shall
service a five-day written notice of hearing in accordance with the
provisions for service contained in this code upon the owner, operator
or occupant of any adjoining premises affected by the application.
[Ord. #1474]
On the day fixed for hearing the public officer shall provide
opportunity for the owner, operator or occupant of the adjoining property
or properties to state why access shall not be granted across the
adjoining properties.
[Ord. #1474]
If the public officer determines that access is necessary to
accomplish or complete repairs or improvements necessary for compliance
with this code, then the public officers shall issue a certificate
of necessity setting forth therein the person or persons to whom the
certificate shall apply, such conditions as shall be necessary to
protect the adjoining property reasonable time limits during which
certificate shall operate, precautions to be taken to avoid damage
and where the public officers deem proper, that a bond be procured
at the expense, if any, by the person seeking access to secure the
adjoining property owner against damage to persons or property arising
out of such rights of access. The bond shall not exceed in amount
$10,000 and the amount set shall take into consideration the extent,
nature and duration of the repairs, the proximity of the improvement
on the premises affected and the potential risk of damage thereto.
The bond shall be filed with the public officer.
[Ord. #1474]
Any refusal to comply with this section or any interference
with the access to premises pursuant to a certificate issued hereunder,
shall be a violation of this code and, in addition to the penalties
provided hereunder the public officers may upon affidavit, apply to
the municipal judge for a warrant under the procedure set forth in
the applicable section of this code authorizing access to the premises
under appropriate conditions and circumstances as provided above.
[Ord. #1474]
The public officer on his own, or upon the filing of a petition
by at least 10 residents charging that a dwelling is unfit for human
habitation or use shall make an inspection on any dwelling believed
to be unfit for human habitation or use, and shall make preliminary
finding in accordance with the standards provided herein whether or
not the premises are unfit for human habitation or use. If so, he
shall, thereupon, serve a notice upon the owner, operator and occupant
advising all such parties of the results of his inspection and the
basis for his determination and setting a date for hearing not less
than 10 nor more than 30 days from the date of service. However, where
the public officer makes a preliminary finding that the conditions
on the premises constitute an immediate substantial threat to the
safety or health of occupants or persons in proximity to the premises,
he may order and direct that the premises be vacated immediately and
that the signs or notice be posted prohibiting occupancy thereof and
that the premises be locked and boarded up as provided in this code.
[Ord. #1474]
In making a determination of whether a dwelling is unfit for
human habitation or use the public officers shall determine whether
by reason of violations of this code existing in the dwelling or on
the premises, that the continued occupancy of the building will not
endanger and jeopardize the health and safety of the occupants or
persons in the vicinity of the premises and to the end that he may
consider, among other factors:
a.
Whether the premises are so structurally defective that there is
a risk of collapse or of loose materials falling and injuring persons
in and around the dwellings;
b.
Whether by reason of inadequate ventilation there is a danger of
communicable diseases being contracted and spread in among the occupants
or persons in the vicinity of the premises; or
c.
Whether by reason of infestation or defective condition of plumbing,
or the lack of maintenance of halls, floors, walls, or other parts
of the premises, conditions exist which are conducive to the contracting
and spreading of diseases; or
d.
Whether by reason of electrical wiring, conduits or equipment, heating
or cooking facilities, or lack of proper means of egress, there is
a danger of fire or in case of fire inadequate means of egress; or
e.
Whether premises are deficient in one or more essential utilities
including public sewer, water supply or electricity; or
f.
Whether premises were not designed or constructed for human habitation
whether by reason of same occupancy constitutes an unnecessary hazard
of safety or health.
[Ord. #1474]
After the holding of the hearing as prescribed in this code
the public officer shall make a determination as to whether the dwelling
is unfit for human habitation or use and thereupon he shall make an
order based on an evaluation of health and safety factors in the use
of the premises as follows:
a.
That the occupancy of all or part of the dwelling be permitted for
a limited period of time not to exceed 30 days, upon condition that
all violations recited in the order are corrected or abated within
that time and if not corrected or abated, the premises vacated within
10 days thereafter; or
b.
That the dwelling or any part thereof be ordered vacated within a
specified time period not to exceed 30 days, be boarded up and signs
or notices that occupancy is prohibited be posted prominently at all
the entrances of the dwelling and that the order continue in effect
until the conditions are abated and the order revoked, as provided
herein.
[Ord. #1474]
Where premises are ordered vacated, all doors to the exterior
shall be locked and the first story or basement and cellar windows
barred or boarded to prevent entry. Where an order is issued under
the paragraph preceding it shall be served upon all persons affected
thereby. When the conditions for the violations complained of are
corrected, the owner or occupant affected thereby may request a reinspection
which shall be provided upon the payment of a reinspection fee of
$20. Based on the reinspection, the public officers shall issue a
further order which shall either revoke the previous order and permit
occupancy or state such further conditions or time limits during which
additional repairs or improvements are to be made before occupancy
is again permitted or order vacation as stated in the preceding paragraph.
Upon compliance with the conditions contained in an order, the public
officer shall permit the signs to be removed and the premises made
available again for occupancy.
[Ord. #1474]
Where the owner, operator or occupant fails to comply with any
order hereunder or perform in accordance with any written commitment
as provided herein or remove any notice posted pursuant hereto or
any lock or bar without the permission of the public officer, he shall
be deemed in violation of this code and subject to the penalties provided
herein. In addition thereto, the public officer may take such steps
as may be necessary to compel vacation and boarding up of any premises
and may post signs prohibiting occupancy. Nothing herein shall be
construed to permit the public officers to demolish any property except
pursuant to an agreement under the terms of this code or in accordance
with the township ordinances. Upon failure to comply with any such
order, the premises shall constitute a public nuisance and the public
officer may take such further action under the criminal and civil
laws of this state through any court of competent jurisdiction as
may be necessary to remove or abate the nuisance.
[Ord. #1474]
Where the public officers make a preliminary finding that conditions
on the premises constitute an immediate and substantial threat to
the safety or health of occupants or persons in proximity to the premises,
he may order and direct that the premises be vacated immediately and
that signs or notices be posted prohibiting occupancy thereof, and
that the premises be locked and boarded up as provided in this code.
Any party aggrieved thereby may within 10 days thereafter make a request
for a hearing in accordance with the sections on hearings in this
code and upon holding a hearing as provided herein and the making
of a determination that the premises are fit for human occupancy or
that the premises upon the removal of certain specified conditions
will become again fit for human occupancy, the order may be rescinded
or modified and the signs, bars and locks, as provided herein, removed
when the premises are again fit for human habitation and the specified
condition, if any, are satisfied.
