[1969 Code § 37-1]
Pursuant to the provisions of the "Local Housing Authorities
Law" of the State of New Jersey N.J.S.A. 55:14A-1 to N.J.S.A. 55:14A-48
as a body corporate and politic to be known as the "Housing Authority
of the Borough of Elmwood Park, New Jersey," is created and established.
[1969 Code § 37-2]
The Borough Clerk is authorized and directed to file a certified
copy of this section with the Director of the Department of Conservation
and Economic Development.
[1969 Code § 37-3.1; Ord. No. 72-2]
The Borough shall participate in the Housing Authority of Bergen
County for the sole purpose of receiving rent subsidies for senior
citizens on a lease basis only.
[1969 Code § 37-3.2; Ord. No. 72-2]
This section shall not be interpreted so as to give the Housing
Authority of Bergen County any rights as to construction, rehabilitation,
condemnation or otherwise within the boundaries of the Borough of
Elmwood Park.
[1969 Code § 37-3.3]
The Borough Clerk be and is hereby authorized and directed to
file a certified copy of this section with the Commissioner of the
State Department of Conservation and Economic Development and with
the Secretary of the Housing Authority of Bergen County.
[1969 Code § 37-4]
As used in this section:
Shall mean that portion of a building located partly underground
but having 1/2 or more than 1/2 of its clear floor-to-ceiling height
above the average grade of the adjoining ground.
Shall mean a room which has a floor area, including fixtures,
of at least 35 square feet, and which contains a minimum of one flush
water closet, one washbasin and one bathtub or shower stall.
Shall mean any private dwelling or dwelling unit where the
owner, tenant or operator thereof is engaged in keeping one or more
roomers.
Shall mean that portion of a building located partly or wholly
underground and having more than 1/2 of its clear floor-to-ceiling
height below the average grade of the adjoining ground.
Shall mean any building which is wholly or partly used or
intended to be used for toilet and bathing needs, living, sleeping
and cooking by human occupants.
Shall mean any room or group of rooms located within a dwelling
or building and forming a single habitable unit for one or more persons,
for the purpose of living, sleeping, cooking and toilet and bathing
needs.
Shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
Shall mean the legally designated Health Officer or Construction
Official of the Borough of Elmwood Park, or his authorized representative.
Shall mean the presence, within or around a dwelling, of
any insects, rodents or other pests.
Whenever the words "dwelling," "dwelling unit," "flat," "semidetached
house," "row house," "apartments," "living unit," "rooming house,"
"premises," "hotel," "motel," "rooming unit," "boardinghouse," are
used in this section, they shall be construed as though they were
followed by the words "or any part thereof."
Shall mean any dwelling containing two or more dwelling units.
Shall mean any person over one year of age, living, sleeping,
cooking or eating in, or having actual possession of, a dwelling unit
or rooming unit.
Shall mean any person who has charge, care or control of
a building or part thereof in which dwelling units or rooming units
are let.
Shall mean any person who, alone or jointly or severally
with others:
Shall have legal title to any dwelling, dwelling unit, hotel,
motel, rooming house, rooming unit or boardinghouse, with or without
accompanying actual possession thereof; or
Shall have charge, care or control of any dwelling, dwelling
unit, hotel, motel, rooming house, rooming unit or boardinghouse as
owner or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this section and the rules and regulations
adopted pursuant thereto, to the same extent as if he were the owner.
Shall mean and include any individual, firm, corporation,
association, partnership or other entity.
Shall mean and include all of the following supplied piping,
facilities and equipment: the house sewer from the septic tank, cesspool,
curb or property line to the building foundation; the water service
from the curb or property line to the building foundation, or from
the well to the building foundation; the system of soil, vent and
waste pipes from their connection at the foundation to the house sewer,
to their connections to the various plumbing fixtures and to their
termination through the roof; all hot- and cold-water lines in the
dwelling or building, every plumbing fixture, trap, floor drain or
any fixture, directly or indirectly connected to the plumbing system;
the gas piping from the gas meter to the connections to the various
gas appliances and any other similar supplied fixtures; together with
all connections to water, sewer or gas lines.
Shall mean any dwelling or part of any dwelling containing
one or more rooming units in which space is let by the operator to
one or more persons who are not husband or wife, son or daughter,
mother or father, or sister or brother of the owner or operator, or
of the spouse of the owner, tenant or operator, or boarders who are
not husband or wife, son or daughter, mother or father, or sister
or brother of the owner, tenant or operator, or of the spouse of the
owner, tenant or operator, and in serving food to some or all of such
lodgers, for a part of a day or longer period, under expressed contract
or rate of payment.
Shall mean a room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping and having
a private bathroom or the use of a common bathroom with other rooming
units in the same building, within the meaning of this section, but
such rooming units shall not be used for cooking or eating purposes.
Shall mean combustible and noncombustible waste material,
and the term shall include boxes, barrels, sticks, stones, bricks,
bottles, cans, metal drums, iron pipe, old sheet metal, old furniture,
unregistered or junk motor vehicles, unused boats, auto parts, tires,
junk or unused bicycles and bicycle parts, filth, junk, trash, debris,
old lumber or firewood, unless such lumber or firewood is neatly stacked
or piled on supports or platforms at least eight inches above the
ground. It shall also include weeds or grass that is more than 10
inches in height.
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It shall also include diverse or sundry articles which the Health
Officer or Construction Official shall, in his judgment, declare to
be rubbish.
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Shall mean paid for, furnished or provided by or under the
control of the owner or operator.
[1969 Code § 37-5]
The Health Officer or Construction Official is hereby designated
to serve as the Public Officer 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 his direction
and supervision. He may appoint or designate such other public officials
or employees of the Borough to perform duties as may be necessary
to the enforcement of this Code including the making of inspections
and holding of hearings.
[1969 Code § 37-6]
All buildings and premises subject to this Code are subject
to inspections from time to time by the enforcing officer of the Borough.
At the time of such inspections, all rooms in the building and all
parts of the premises must 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 exists:
a.
The premises are not available during the foregoing hours for inspections.
b.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and proven by inspections 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 a delay.
[1969 Code § 37-7]
Inspectors shall be supplied with official identification, and
upon request, shall exhibit such identification when entering any
dwelling unit, rooming unit or any part of any premises subject to
this Code. Inspectors shall conduct themselves so as to avoid intentional
embarrassment or inconvenience to occupants.
[1969 Code § 37-8]
Where the Public Officer or his agent is refused entry or access
or is otherwise impeded or prevented by the owner, occupant or operator
from conducting an inspection of the premises, such person shall be
in violation of this Code and subject to the penalties hereunder.
[1969 Code § 37-9]
In addition to the provisions of subsection 11-3.5, the Public Officer may, upon affidavit, apply to the Judge of the Municipal Court of the Borough of Elmwood Park for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code exists on the premises, and if the Judge of the Municipal Court is satisfied as to the matter set forth in the said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
[1969 Code § 37-10]
Whenever the Board of Health of the Borough of Elmwood Park
or the Health Officer or Construction Official determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this section or of any rules or regulations adopted
pursuant thereto, notice of such alleged violation shall be given
to the person or persons responsible therefor, as hereinafter provided.
Such notice shall:
a.
Put in writing the various violations, and section and paragraph
violated.
b.
Put in writing what must be done to correct such violation or violations, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the Public Officer in 10 days after service unless a hearing is requested pursuant to subsection 11-3.9.
[1969 Code § 37-11]
Notice may be served personally or by prepaid telegram or by
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 building.
The Public Officer shall file and provide notice to any owner, operator
or occupant of any violation at any address other than the last known
address provided hereunder, if such other address is 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 of the date following the day of mailing
for notices to addresses within the Borough, and as of the fourth
day after the day of mailing for notices to addresses outside the
Borough. 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.
[1969 Code § 37-12]
Within 10 days of the date of service of a notice, the notice
shall constitute a final order, unless any person affected by the
notice requests a hearing thereon, serves a written request within
the ten-day period, in person or by mail, on the Public Officer. Such
request for a hearing shall set forth briefly the grounds or reasons
on which the request for a hearing is based and the factual matters
contained in the notice of violation which are to be disputed at the
hearing. The Public Officer, upon receipt of the request, shall within
30 days therefrom and upon five days' notice to the party aggrieved,
set the matter down for hearing.
[1969 Code § 37-13]
At any hearing provided hereunder, the Public Officer shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records or other documents
at any such hearing which may be pertinent to matters to be determined
by him, and to enforce any such subpoena or secure any order for the
enforcement of any such subpoena as provided by law. Determination
shall be made within 10 days from the completion of the hearing. The
Public Officer shall issue an order either incorporating the determinations
and directions contained in the notice, modifying the same or withdrawing
the notice.
[1969 Code § 37-14]
The Public Officer may extend the time for correction or abatement
of the violations for an additional period of time not to exceed 30
days, except where major capital improvements or renovations are involved,
in which instance the time for completion may be extended for a period
not to exceed 90 days beyond the expiration date of the original notice.
[1969 Code § 37-15]
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Public Officer may either abate
the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and upon failure to do so, the Public
Officer shall abate the condition immediately thereafter.
[1969 Code § 37-16]
Where abatement of any nuisance as defined herein, correction
of a defect in the premises or the maintenance of the premises in
a proper condition so as to conform to municipal ordinances or State
law applicable thereto requires expending Borough moneys therefor,
the Public Officer shall present a report of work proposed to be done
to accomplish the foregoing to the Borough Council, with an estimate
of the cost thereof, along with a summary of the proceedings undertaken
by the Public Officer to secure compliance, including notices served
upon the owners, operators, lessors or agents, as the case may be,
hearings and orders of the Public Officer with reference thereto.
The Borough Council may thereupon by resolution authorize the abatement
of the nuisance, correction of the defect or work necessary to place
the premises in proper condition and in compliance with ordinances
of the Borough and laws of the State. The Public Officer may thereafter
proceed to have the work performed in accordance with the said resolution
at Borough expense, not to exceed the amount specified in the resolution,
and shall upon completion thereof submit a report of the moneys expended
and costs to the Borough Council. After review of the same, the Borough
Council may approve the said expenses and costs, whereupon the same
shall become a lien against the said premises, collectible as provided
by law. A copy of the resolution approving the said expenses and costs
shall be certified by the Borough Council and filed with the Tax Collector
of the Borough, who shall be responsible for the collection thereof,
and a copy of this report and resolution shall be sent by certified
mail to the owner.
[1969 Code § 37-17]
Any violation of any ordinances other than the Housing Code
which are discovered by a Housing Inspector shall be reported to the
Public Officer who shall refer the alleged violation to the official
or agency responsible for the enforcement of such other ordinance.
[1969 Code § 37-18]
Where there exists a violation of occupancy standards hereunder,
an owner or operator, upon receipt of a notice of violation, if unable
to eliminate the violation by peaceable means within the period of
time specified in said 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.
[1969 Code § 37-19]
b.
Where the Public Officer, after hearing, shall determine that there
was a violation and a notice was served upon the owner, operator or
occupant, whether or not said violation was abated prior to the issuance
of an order, if thereafter within the space of one year there shall
be a second violation by the same owner, operator or occupant of the
same provision of this Code, discovered on the same premises, the
offender may be prosecuted on the second violation without the Public
Officer first giving notice and opportunity for a hearing to the owner,
operator or occupant, by the filing of a complaint by the Public Officer
in the Municipal Court. Where the Public Officer has on two different
occasions found violations by the same owner, operator or occupant
on the same premises and has issued notices on each and has held at
least one hearing and issued an order thereon, upon discovering a
third or subsequent violation by the same owner, operator or occupant
on the same within the space of one year, whether the same sections
or of any other sections of this Code, he may thereupon prosecute
the offender by filing a complaint in the Municipal Court for the
said third or subsequent violation occurring within the said period
of one year, without first providing notice and opportunity for a
hearing by the Public Officer.
[1969 Code § 37-20]
No person shall occupy as owner-occupant or let to another for
occupancy any dwelling, hotel, motel, rooming house or boardinghouse
for the purpose of living therein, which does not comply with the
following requirements.
[1969 Code § 37-21]
Every foundation shall adequately support the building at all
points and shall be free of breaks, holes or cracks which make the
building unsafe to occupy or which admit rain, cold air, dampness,
rodents, insects or vermin.
[1969 Code § 37-22]
The outside building walls shall not have any holes, loose boards
or any broken, cracked or damaged finish which admits rain, cold air,
dampness, rodents, insects or vermin.
[1969 Code § 37-23]
Every exterior door, window and cellar or basement entrance
shall be reasonably weathertight, watertight and rodentproof and shall
open and close easily, and their locks, hinges, pulleys and hardware
shall be kept in good repair.
[1969 Code § 37-24]
All interior walls and ceilings shall be so constructed and
maintained that there shall not be any cracks, voids, holes, loose
paper, peeling paint or loose trim which shall provide a harborage
for insects or vermin.
[1969 Code § 37-25]
Every roof, roof gutter, flashing, rain conductor and roof cornice
shall be weather- and raintight and shall be kept in good repair.
[1969 Code § 37-26]
All exterior wood surfaces shall be reasonably protected against
the elements and against decay by paint or other approved protective
coating, applied in a workmanlike fashion.
[1969 Code § 37-27]
All garbage kept on the outside of any building shall be kept
in flytight, covered, metal garbage containers.
[1969 Code § 37-28]
All garbage shall be drained of its moisture and properly wrapped
in heavy paper before such garbage is placed outside. Garbage shall
be placed at the curb the morning of garbage pickup. Ashes, bottles,
cans and rubbish must be placed at the curb in boxes, baskets, cans
or other receptacles easily handled by the garbage man.
[1969 Code § 37-29]
The front, side and back yard, the driveway, walks or other
parts of the outside premises of any building or on any lot on which
no building is located shall not contain any boxes, barrels, sticks,
stones, bricks, bottles, cans, metal drums, iron pipe, old sheet metal,
old furniture, unregistered or junk motor vehicles and boats, auto
parts, old tires, junk bicycles or parts, filth, junk, rubbish, trash,
debris, old lumber or firewood, unless such lumber or firewood is
neatly stacked or piled on supports at least eight inches above the
ground. Lawns and shrubs shall be regularly cared for, trimmed and
cut, and in no event shall grass or weeds on improved property be
allowed to attain a growth of more than 10 inches. Shrubs and flowering
woody plants shall be kept under control and not be allowed to grow
beyond the boundaries of the premises on which a building is located.
Various and sundry shacks and outbuildings, including toolhouses,
storage sheds, and garages, shall be repaired or improved so that
they shall be esthetically acceptable, or shall be demolished.
[1969 Code § 37-30]
Every fence which wholly or partially encloses a premises on
which a building is located must be maintained in a manner that is
esthetically acceptable and shall not have broken supporting members
nor have holes or voids in such fences.
[1969 Code § 37-31]
Every dwelling used or occupied to house individual families,
living separately, for the purpose of living, sleeping, cooking, eating,
bathing and defecating, must comply with the following supplied requirements:
a kitchen sink, flush water closet, washbasin, bathtub or shower shall.
Every kitchen sink, washbasin, bathtub or shower stall shall be properly
connected with supplied water-heating facilities which are capable
of heating water to such a temperature as to permit an adequate amount
of water drawn to each fixture at a temperature of not less than 130°
F. Families or individuals living separately in the same dwelling
or building cannot share the same bathroom nor can they share the
use of a kitchen.
[1969 Code § 37-32]
a.
In every hotel, rooming house and boardinghouse where separate bathroom
accommodations are not supplied for each room or suite, separate bathroom
accommodations shall be provided for each sex as follows: one water
closet, one washbasin and one bathtub or shower stall for each five
persons, or fraction thereof, who room or board therein.
b.
In hotels, rooming houses and boardinghouses where separate bathrooms
are provided for each sex, the door openings to each bathroom shall
be placed as to afford privacy and shall be plainly marked for male
and female usage.
c.
Bathrooms in hotels, rooming houses and boardinghouses shall be located
as to be accessible from a common hall or passageway to persons using
the facilities. Such hall or passageway shall be directly accessible
from each roomer's or boarder's rooming unit and not through any other
rooming unit.
[1969 Code § 37-33]
Where rooming units are provided on more than one floor, separate bathrooms must be provided for each sex on each floor except in a rooming house or boardinghouse operated and inhabited by the owner. Such an establishment which has rooming units on more than one floor may have one bathroom in the building for both sexes if the total combined number of occupants, including both owner's family and roomers, male and female, adults and children, does not exceed five. Where the combined number of occupants exceeds five, the bathroom facilities for the roomers shall comply with subsection 11-3.38.
[1969 Code § 37-34]
All water closets must flush easily, and completely discharge
the waste matter in a single operation. All plumbing fixtures must
function perfectly at all times. The finish of toilet seats must not
be chipped or cracked and shall have a smooth finish. Water closets
shall be set after the finished floor is laid. There shall not be
any leaking faucets, leaking or clogged traps, clogged drains, broken
handles on fixtures, nor anything that would cause any part of the
plumbing system or fixtures to be unsanitary, inconvenient to use
or in any way detrimental to the health of the individual. The plumbing
fixtures and floors, walls and ceilings in bathrooms and kitchens
must be kept in a sanitary condition at all times.
[1969 Code § 37-35]
All plumbing installed in dwellings, hotels, motels, rooming
houses or boardinghouses shall conform to this section and the Plumbing
Code of the Borough of Elmwood Park.
[1969 Code § 37-36]
Plumbing fixtures and other facilities, and their uses in kitchens
of hotels and boardinghouses, shall conform with the restaurant requirements
of the Plumbing Code and Sanitary Code of the Borough of Elmwood Park.
[1969 Code § 37-37]
Owners of buildings located beyond the public sewer system,
that are used for human habitation and which do not have installed
therein a water closet, washbasin and bathtub or shower, shall, before
the above mentioned plumbing facilities and the individual sewage
disposal system connected therewith shall be installed, cause to be
obtained a percolation test of the soil in the area of the proposed
sewage disposal system. The installation of the sewage disposal system
shall comply with the Borough of Elmwood Park Individual Sewage Disposal
System Code.
[1969 Code § 37-38]
It shall be the duty of every person who shall contract, undertake
or agree, or shall have contracted, undertaken or agreed, orally or
in writing, to heat or to furnish heat for any building within the
Borough occupied as a residence by two or more families, to furnish
sufficient heat to any occupied part of such building, to maintain
at all times between the hours of 6:00 a.m. and 11:50 p.m., a minimum
temperature of 70° F., and between 11:50 p.m. and 6:00 a.m., a
minimum of 65° F. The supply of heat hereinabove required shall
be furnished for or to all buildings of parts thereof used for business
or living purposes from the first day of October in each year to the
first day of May of the succeeding year, and on all other days of
the year when the outside temperature falls below 50° F., provided
that the requirements of this section shall not apply to buildings
or parts thereof used for any trade or business in which high or low
temperatures are essential. The term "contracted," as used in this
section, shall be construed to mean and include any written or implied
contract, lease or letting, and the presence of any heating outlets,
radiators, risers or returns in any hall, room or other part of a
building shall be prima facie evidence of an implied contract. The
presence of any central heating plant, furnace or boiler under the
control of the owner, lessee or person in charge of said building
shall also be prima facie evidence of an implied contract.
[1969 Code § 37-39]
Every dwelling, hotel, motel, rooming house and boardinghouse
which has a central heating system shall keep it in good repair and
shall not have any leaks in the heater, furnace, boiler, smoke pipes,
flues, pipe fittings, valves or other appurtenances of the heating
system, and shall be kept in such condition so that all habitable
rooms can safely and adequately be maintained at a temperature of
70° F., under average winter conditions. The grade of fuel oil
used in a burner shall be that for which the burner is approved and
as stipulated by the manufacturer. Crankcase oil or any oil containing
gasoline shall not be used. Where heavy oils are used, provision shall
be made for maintaining the oil at the proper atomizing temperature.
Automatically operated burners requiring the preheating of oil shall
be arranged so that no oil can be delivered for combustion until the
oil is at a suitable atomizing temperature. A readily accessible manual
shutoff valve shall be installed at each point where required to avoid
oil spillage. The valve shall be installed to close against the supply.
Automatically operated valves or devices designed to shut off the
oil supply in case of fire in the immediate vicinity of the burners
shall be provided, and safety control valves shall be installed and
maintained so as to automatically shut off the burners in case of
fire or emergency. Oil burners for which a competent attendant will
not be constantly on duty in the room where the burner is located
while the burner is in operation shall be equipped with a primary
safety control of a type specifically listed for the burner with which
it is used. Each appliance fired by conversion oil burners and each
oil-fired unit shall be provided with automatic limit controls which
will prevent unsafe pressure or low water in a steam boiler, or overheating
within a hot-water boiler, furnace or heater. Multiple dwelling owners
shall make arrangements to have twenty-four-hour emergency service
for the oil burners and heating units so that heat can quickly be
restored in the event of a heat failure.
[1969 Code § 37-40]
Every dwelling, hotel, motel, rooming house and boardinghouse
shall have a tight masonry chimney lined with fire clay or a chimney
of other approved noncombustible material, properly constructed and
supported so as to avoid overheating adjacent combustible elements.
[1969 Code § 37-41]
Every dwelling, hotel, motel, rooming house and boardinghouse
shall be prohibited from using a room heater, heating stove, space
heater or tank water heater designed for the use of kerosene, gasoline,
oil, gas, wood, coke, charcoal or coal as a fuel, unless it has a
direct smoke pipe or flue connection to a properly constructed chimney,
capable of carrying all the products of combustion to the outer air.
[1969 Code § 37-42]
Every hotel, motel, rooming house and boardinghouse shall comply with subsection 11-3.47 as to the temperature to be kept and the hours it is to be maintained, for all rooms occupied or used by roomers, lodgers and boarders.
[1969 Code § 37-43]
The owner of every dwelling, hotel, motel, rooming house and
boardinghouse shall permit the occupant of each unit in such dwelling,
hotel, motel, rooming house or boardinghouse to control the temperature
of such unit by placing in each unit a thermostat for control of the
temperature of such unit, or by installation of shutoff valves for
each radiator or other heating device in such unit.
[1969 Code § 37-44]
Where changes have been made to the original electrical installation
or where deterioration is apparent, a certificate of approval must
be supplied by the owner from the Fire Underwriters. Every electrical
installation, addition to or any part thereof must comply with the
current revision of the National Electrical Code, and a certificate
supplied by the Middle Department Association of Fire Underwriters.
[1969 Code § 37-45; Ord. No. 00-14 § 37-45]
a.
Every owner and operator of a multiple dwelling or apartment house
containing two or more dwelling units shall be responsible for maintaining
in a sanitary condition the shared or public areas of the dwelling
and premises.
1.
The owner of any and all residential single family dwellings or multifamily
dwelling units as defined in this section shall comply with the following:
2.
The exterior of all premises shall be kept free from the following
matters, materials or conditions:
(a)
Dangerously loose and overhanging objects, including but not
limited to dead trees or tree limbs, accumulations of ice or any object,
natural or man-made, 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
thereto.
(b)
Inadequate or unsafe foundations, walls, piers and columns and
other similar structurally unsound, damaged or defective load bearing
components which are incapable of bearing imposed loads safely at
all points.
(c)
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 or loose, crumbling or falling
bricks, stones, mortar or plaster.
(d)
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 herewith.
(e)
Broken glass or windows; rotten, missing or substantially destroyed
window frames and sashes, door frames, exterior component parts of
buildings or structures.
(f)
Weeds, brush, stumps, roots which are obnoxious, noxious or
detrimental to public health and safety; this includes but is not
limited to poison ivy, poison oak, poison sumac and ragweed growth.
This shall also include dead and dying trees and limbs or other natural
growth, including compost heaps or piles which by reason of rotting
or deteriorating conditions create obnoxious odors or blighting and
unsightly factors for adjoining properties of the Borough of Elmwood
Park. Under no circumstances are compost heaps or piles permitted
in front or side yards. The provision of this subsection shall not
apply to farmland, pastureland, grazing land, natural or unlandscaped
areas and undeveloped tracts.
3.
The owner or owners, tenant or tenants of any lands upon which any
of the above enumerated conditions exists within the Borough of Elmwood
Park shall remove the same within three days after notice of the service
of a written notice to remove the same as provided in this subsection
as follows: The written notice shall be prepared by the Zoning Official
or any other officer or employee so designated by the Mayor and Council
by resolution, who shall identify the lands and premises and shall
contain a statement identifying such condition or conditions or other
impediments to be removed as hereinbefore set forth. The written notice
shall also contain a statement that the owner or owners, tenant or
tenants of the lands may be assessed a cost of said removal as aforesaid
if the owner or owners, tenant or tenants neglect so to do within
the time limit in the notice. The notice shall also contain a statement
that the violation of the terms of this section by the owner or owners,
tenant or tenants is punishable by a fine or imprisonment or both.
The notice may be served upon the owner or owners, tenant or
tenants personally or by mail to the owner or owners, tenant or tenants
at the last known post office address appearing on the tax books of
the Borough of Elmwood Park.
Whenever the owner or owners, tenant or tenants of lands and
premises shall neglect or refuse to correct the conditions hereinabove
set forth within the time period as set forth in said notice, it shall
be the duty of the Superintendent of the Department of Public Works
or such other officer or employee having charge of the streets and
roads of the Borough of Elmwood Park as may be authorized by the Mayor
and Council to remove such impediment as required by the aforesaid
sections. The cost of the removal of same shall be certified by such
person to the Mayor and Council. The Mayor and Council shall examine
the certificate and if found to be correct, shall by resolution cause
such cost to be charged against the lands upon which the condition
has been found to exist and corrected by the Borough of Elmwood Park.
The amount so charged shall thereupon become a lien and tax upon such
real estate as aforesaid and shall be added to and become and form
a part of the real estate taxes next to be levied and assessed thereon
which bear interest at the same rate as taxes and shall be collected
and enforced by the Tax Collector in the same manner as any other
taxes.
In addition to the cost of the removal or correction of the
conditions so set forth hereinabove being a charge and lien upon such
real estate such owner or owners, tenant or tenants who shall refuse
or neglect to correct said condition or other impediment as aforesaid
shall be subject to a fine not to exceed $500 or imprisonment for
a term not to exceed 90 days or both.
The imposition and collecting of the fine or penalty imposed
by this section shall not constitute any bar to the right of the Borough
of Elmwood Park to collect the cost as certified in the manner hereinabove
authorized.
[1969 Code §§ 37 - 46]
Every occupant of a dwelling or dwelling unit shall keep in
a clean and sanitary condition that part of the dwelling, dwelling
unit and premises thereof which he occupies and controls
[1969 Code § 37-47]
[1969 Code § 37-48]
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage or any other organic waste which might provide food for rodents, insects or vermin, in a clean and sanitary manner, by placing it in the garbage storage containers required by subsections 11-3.30 and 11-3.31. It shall be the responsibility of the owner to provide such garbage containers for all dwelling units in a multiple dwelling containing more than two dwelling units. In all other cases, it shall be the responsibility of the occupant to furnish such garbage containers.
[1969 Code § 37-49]
Every occupant, owner or operator of a dwelling shall be responsible
for the extermination of any insects, rodents or other pests therein
or on the premises; and every occupant of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for such
extermination whenever his dwelling unit is infested. Notwithstanding
the foregoing provisions of this section, whenever infestation is
cause by failure of the owner to maintain a dwelling in a ratproof
or reasonably insectproof condition, extermination shall be the responsibility
of the owner. Whenever infestation exists in two or more of the dwelling
units, extermination thereof shall be the responsibility of the owner.
[1969 Code § 37-50]
Every occupant, owner or operator of a dwelling or dwelling
unit shall keep all plumbing fixtures therein in a clean and sanitary
condition, and shall maintain the inside of the dwelling or dwelling
unit and the outside premises over which he has control, clean and
orderly.
[1969 Code § 37-51]
Any person who shall violate any of the provisions of this section, for the violation of which no penalty other than revocation, recision or suspension of any license or permit, or other penalty other than a fine or imprisonment, has been hereinbefore provided, shall, in addition to, in exclusion of and notwithstanding any penalty or revocation, recision or suspension of any license or permit, or other penalty other than fine or imprisonment, in this section provided as a penalty for any such violation, whether such person shall act as principal, or as an agent, servant or employee of any natural person, firm or corporation, upon conviction thereof, shall be liable to the penalty stated in Chapter 1, Section 1-5. Each day that any such violation shall be permitted to exist after notice thereof, without a bona fide effort to correct the same, shall be deemed a separate and distinct offense.
[1969 Code §§ 37-77 through 37-81 and 37-87; Ord. No. 85-5; Ord. No.
01-10; Ord. No. 02-2; Ord. No. 09-3; amended 5-21-2020 by Ord. No. 20-13]
The purpose of this section is to establish a uniform policy
for treatment of property owners, and their agents, who allow unlawful
occupancy of dwelling units and tenants who must relocate by reason
of the actions of the property owner, and their agents, and provide
for the protection of the health, safety and welfare of the residents
of the Borough of Elmwood Park.
As used in this section, the following terms shall have the
following meanings:
Any space above the top floor of a dwelling unit.
Any space below the habitable space located on the first
floor of a dwelling unit.
Any room or group of rooms located within a building forming
a single habitable unit with facilities which are used, designed or
arranged to be used for living, sleeping, cooking and sanitary facilities.
A building or portion thereof containing cooking and plumbing
facilities for one family, including rooms used more or less for transient
occupancy.
The Construction Official and Fire Official, or their designee,
of the Borough of Elmwood Park are hereby designated as the officers
to exercise the powers prescribed by this section.
One or more persons related by blood or marriage, or a group
of not more than four persons, not necessarily related by marriage
or blood, living together as a single housekeeping unit.
Any room which may contain a sink, refrigerator, kitchen
counter and cabinets and a cooking device, or any other combination
of the above, which includes stoves, ovens, microwaves, convection
ovens, electric grills, hotplates or any other device in which or
on which food can be cooked.
All natural persons, partnerships, joint ventures and corporations
as shown on the official tax records of the Borough of Elmwood Park.
The actual and reasonable expense of moving a person and/or
personal property.
A dwelling unit for which no valid certificate of occupancy
has been issued by the Borough of Elmwood Park Building Department
and Fire Prevention Bureau.
a.
No real estate property owner, its agents and/or employees shall
permit or allow any person or family to occupy an unlawful dwelling
unit.
a.
Construction and use prohibitions.
1.
It shall be prohibited to construct or have a kitchen or kitchen
facilities, sink or bathroom in the attic.
2.
Attic spaces may not be used for sleeping areas unless they are approved
by the Zoning Board of Adjustment and/or Planning Board and meet all
requirements of the Uniform Construction Code. Any approved attic
bedroom must be connected directly with the apartment below, without
passing through a common hallway.
3.
Basements shall not contain a kitchen and a bathroom except as follows:
4.
Renovation of basements.
(a)
All renovations of basements shall be restricted to one large
habitable area, with no other habitable rooms. Storage rooms may be
erected, provided that they remain unfinished without locking doors.
5.
Bedrooms.
(a)
No bedrooms shall be permitted in basements or areas below the
first-floor habitable area.
6.
Basement areas.
(a)
All basement areas shall be attached directly to the dwelling
unit above without passing through a common hallway, nor shall there
be locking doors between the basement and the habitable area and the
dwelling unit above.
(b)
All exterior basement access shall be permissible by utilizing
a hatch-style door. No vestibule basement entries shall be permitted.
7.
Livable floor space requirements.
(a)
No more than one person over four years of age for each 125
square feet of floor space therein usable for living purposes shall
live, sleep or otherwise occupy any dwelling unit.
8.
Bedroom occupancy.
(a)
No bedroom shall be utilized for sleeping purposes by more than
two adult occupants. Every bedroom occupied or utilized for sleeping
purposes shall be deemed to be a bedroom for the purposes of this
Code section notwithstanding the fact that said room may be utilized
for other purposes. Every said room occupied for sleeping purposes
by one occupant shall be at least 70 square feet of floor space, and
every room occupied for sleeping purposes by more than one occupant
shall be at least 50 square feet for each occupant thereof.
a.
All previously approved basement and attic units which were approved
prior to the adoption of this section shall be allowed to continue
in use and shall be considered preexisting, nonconforming areas; provided,
however, that this approval shall only be permitted if:
a.
Designation of enforcement officer. The Construction Official and
Fire Official, or their designee, of the Borough of Elmwood Park are
hereby designated as the officers to exercise the powers prescribed
by this section.
a.
In no event shall a certificate of occupancy or continued certificate
of occupancy or conditional certificate of occupancy be issued upon
the transfer of title of any property if there are any violations
of the above sections.
b.
In order to secure a certificate of occupancy or continued certificate
of occupancy or conditional certificate of occupancy in order to effectuate
a transfer of title in accordance with the provisions of the Code
of the Borough of Elmwood Park, all work which was installed or performed
without the required permits and approvals must be removed to the
satisfaction of the Construction Official.
a.
The Construction Official or Fire Official is hereby authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the Borough
of Elmwood Park in order that he or she may perform his or her duty
of safeguarding the health, safety and welfare of the occupants of
dwellings and of the general public.
b.
For the purpose of making such inspections, the Construction Official
or Fire Official is hereby authorized to enter, examine and survey
at all reasonable times all dwellings, dwelling units, rooming units
and premises when such consent for inspection has been granted by
the property owner, its agent or employee and/or by the occupant of
said premises.
c.
Should the property owner, its agent or employee or occupant deny
the Construction Official or Fire Official access or entry to any
dwelling, dwelling unit, rooming unit or premises located within the
Borough of Elmwood Park, the Construction Official or Fire Official
or his or her authorized representative shall obtain a proper warrant
or other remedy provided by law to secure such entry.
a.
Upon the issuing of a proper warrant, the property owner, its agent
and/or employee or occupant of every dwelling, dwelling unit and rooming
unit, or the person in charge thereof, shall give the Construction
Official or Fire Official full 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.
b.
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, subject
to due process and the laws of the State of New Jersey, for the purpose
of making such repairs or alterations as are necessary to effect compliance
with the provisions of this section or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
section.
a.
The Construction Official or Fire Official is hereby authorized and
empowered to make and adopt such written rules and regulations as
he or she may deem necessary for the proper enforcement of the provisions
of this section; provided, however, that such rules and regulations
shall not be in conflict with the provisions of this chapter nor in
any way alter, amend or supersede any of the provisions thereof. The
Construction Official or Fire Official shall file a certified copy
of all rules and regulations which he or she may adopt in his or her
office and in the office of the Clerk of the Borough of Elmwood Park.
a.
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.
a.
Any tenant who receives a notice of eviction that results from zoning
or code enforcement activity for an illegal occupancy shall be considered
a displaced person and shall be entitled to relocation assistance
in the amount equal to two months' rent paid to the displaced person.
The owner-landlord of the structure shall be liable for the payment
of relocation assistance pursuant to this section.
a.
Enforcement.
1.
In the event that the Construction Official, Fire Official, Housing
Official, Police Department, Health Department, Property Maintenance
Officials, Fire Department or any other municipal enforcing agency
has, upon observation, determined that, in its opinion, a violation
of any section of the state building, fire, criminal or municipal
ordinances has occurred, the parties are directed to issue a summons
to the offending party.
2.
The investigative agencies, as noted in Subsection a1, shall be directed to advise the offending party that each day the summons violation exists shall be deemed and constitute a separate offense, and that the effective enforcing official shall be directed to issue daily summonses from the date that the violation is discovered or determined through the date of court appearance.
[Amended 4-21-2022 by Ord. No. 22-06]
a.
Upon
determination that a violation exists:
1.
Whereupon
there is a determination that a violation exists, the owner, landlord,
tenant and/or occupant shall be served with a notice of said violation
which shall provide a thirty-day period in which the owner, landlord,
tenant or occupant shall be afforded the opportunity to cure or abate
the condition and shall also be afforded an opportunity for a hearing
before a court of competent jurisdiction for an independent determination
concerning the violation.
2.
If a
court has not determined otherwise or, upon reinspection of the property,
it is determined that the abatement has not been substantially completed.
(a)
Whereupon there is a determination that the court finds that a violation
exists, upon such findings and determination, the court shall impose
one or more of the following for each and every violation hereof.
Subsequent to the expiration of the thirty-day period and/or subsequent
to the afforded opportunity for a hearing before a court of competent
jurisdiction and the determination thereof, a fine shall be imposed
and shall be assessed by a court of competent jurisdiction.
(1)
For the first offense, there shall be assessed a fine of a minimum
of $1,500;
(2)
For the second violation and offense, there shall be a minimum sum
of $2,000;
(3)
For a third violation and offense, there shall be assessed a fine
of not less than $2,500;
(4)
For any and all subsequent violation, the court can impose a term
of imprisonment not to exceed 90 days; and/or
(5)
A period of community service not exceeding 90 days.
(b)
Each day in which the owner, landlord, tenant and/or occupant violates
a provision of this section, it shall be deemed a separate offense.
a.
In addition to the penalty provisions set forth above in Subsection 11-4.14 on the owner-landlord of the structure, the owner-landlord shall be responsible for relocation assistance to be paid to a displaced tenant, as set forth in Subsection 11-4.12 of this section. In addition thereto, the owner-landlord may be fined for a zoning, housing code, or fire code violation for an illegal occupancy.
[1]
Editor's Note: Prior ordinance history: Ord. Nos. 88-7, 89-1.
[Ord. No. 14-04]
As used in this section:
Shall mean the renting, leasing, maintaining, keeping, operating,
conducting or providing of over night or temporary sleeping accommodation
for a consideration to tourists, transients or travelers in any building
or structure or group of buildings or structures devoted to or primarily
used by said business commonly known as tourist lodge, tourist cabin,
motor lodges, motor courts, tourist courts, tourist camps, inns, motels,
hotels, guest houses or guest rooms and boarding houses; whether meals
are served therein or not.
Shall mean every building kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to permanent or transient guests in which rooms on the premises are rented, furnished and shall include any rooms found to be arranged for or used for sleeping purposes with or without meals for the accommodation of such guests or every building or part thereof which is rented, for hire, for sleeping accommodations. This definition shall not be construed to include any building defined as a tenement house in Title 55, Subtitle 1, Chapters 1 to 13 of N.J.S.A., recorded as a tenement house under the jurisdiction of the Bureau of Tenement House Supervision and occupied exclusively as such.
Shall mean any room, cabin or quarters, whether or not physically
attached or connected with any other buildings or structures, used
for sleeping accommodations, in the business of conducting tourist
lodges, motels, motor courts, cabins, camps, boarding houses, hotels
or motels.
[Ord. No. 14-04]
a.
No person shall occupy and no tourist lodge, cabin, camp, inn, hotel
and motels and guest house, hereinafter referred to as the hotel,
shall permit any person to occupy any room on the premises unless
the person registering for said room or accommodations, for any time
whatsoever, shall first display to the authorized agent or employee
of the hotel in charge of reservations, written evidence of his or
her identity and residence. Any identification presented shall be
identification deemed acceptable by the Transportation Security Administration
(TSA) among which shall be at least a driver's license, passport or
military identification card or, in lieu of a driver's license, any
two of the following; birth certificate, alien registration card,
government identification card or any other form of identification
which is reasonably reliable to prove the identity of the person so
registering. In addition thereto, the person so registering shall
write or cause to be written on the record card, in ink, his or her
full and true name and address and a full and true name of each member
of his or her party and the State license or registration number of
any motor vehicle conveying the person to the licensed premises.
b.
In addition thereto, the hotel authorized agent or employee shall
cause to be written in the register in ink the number of the room
assigned to each registrant, the date and hour of the registration,
the signature or identification of the person taking or accepting
the registration and the date when occupant or occupants of each room
quits or surrenders the same.
c.
The motel/hotel operator shall make a photocopy of the registered
guest's driver's license and/or other form of identification that
would be recognized by the TSA; in addition to listing the registration
of their vehicle or vehicles, in addition to signing of and/or acknowledgement
of restrictions. Such acknowledgment shall also specifically state
the guest registrant understands and agrees that if the room rented
by that guest registrant shall be found to have more than six persons
in his/her standard room, that the guest registrant, other guests
for that room and all visitors shall be subject to immediate removal
from the room at the request of the operator; and the guest registrant
may be issued a summons for a violation of this section, which carries
a fine of $1,250.
d.
A licensee shall have the authority to ask the head of a party or
any person renting accommodations on the licensed premises for written
evidence of his or her identity and residence and, in addition thereto,
the full and true name and address of each member of his or her party;
and in the case of an operator of a motor vehicle, the state and license
or registration number of the motor vehicle conveying him or her to
the licensed premises. In addition to the other rules and regulations
proposed hereunder, no licensee shall knowingly rent, allow or permit
any room on the licensed premises to be used for any immoral or illegal
purpose, and the failure to set forth the true identity of and correct
hours of occupancy by any person shall be deemed to show knowledge
on the part of the license holder of such immoral or illegal purpose
or use.
[Ord. No. 14-04]
A residential dwelling which does not have more than five rooms
rented or used for tourist business is not governed or regulated by
this section.
[Ord. No. 14-04]
It shall be the duty of the Police Department to inspect the
licensed premises from time to time during regular business hours;
and also to inspect the registration card or other documents executed
by the registrant and also the documents executed by the authorized
agent or employee of the hotel, in order to determine the provisions
of this section are being complied with. Unannounced inspections will
not be made except during normal business hours of the hotel unless
the Police are conducting a specific investigation and require emergency
inspection of the books and records. Routine inspection of the rooms
will not be permitted unless the Police are responding to an emergency
call.
[Ord. No. 14-04]
It shall be unlawful for an operator of a motel/hotel to fail
to require identification of the guest registrant as required above;
or refuse to provide such information to a Police Officer.
[Ord. No. 14-04]
The motel/hotel operator shall maintain all registration records
and proof of identification for a period five years. Records shall
be kept on the premises for the first year and may then be stored
off site.
[Ord. No. 14-04]
The motel/hotel operator shall cause to be installed/posted
in a conspicuous area stating that "This establishment has a no tolerance
policy for production of improper identification."
[Ord. No. 14-04]
Any violation of any provision of this section shall subject
a person(s) to a fine $1,250. Each and every violation of any portion
of this section shall be considered a separate violation of this section.
