[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72 as Sec. 10-2 of the 1986 Code. Amendments noted where applicable.]
This chapter shall be known as the "Housing and Property Maintenance Code of the Township of Parsippany-Troy Hills" and may be referred to in this chapter in the short form as the "Property Maintenance Code" or "this code."
Where terms are not defined in this section and are defined in the Uniform Construction Code, they shall have the meanings ascribed to them as in the Uniform Construction Code, and where terms are not defined under the provisions of this code or under the provisions of the Uniform Construction Code they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY STRUCTURE
- 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.
- As applied to a material, device or method of construction, approved by the Construction Official or approved by other authority designated by law to give approval in the matter in question.
- A story, the floor of which is below grade and the ceiling of which is not less than four feet six inches above grade.
- Enclosed space containing one or more bathtubs, showers or both and which shall also include the toilets, lavatories, or fixtures serving similar purposes.
- See "structure."
- BUILDING SERVICE EQUIPMENT
- The mechanical electrical and elevator equipment, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation, fire fighting and transportation facilities, essential for the habitable occupancy of the building or structure for its designated use and occupancy.
- A story, the floor of which is below grade and the ceiling of which is less than four feet six inches above grade.
- CENTRAL HEATING SYSTEM
- All multifamily dwellings shall provide a heating system in a fire-resistant enclosed space separate and apart from the area to be heated, which system is permanently affixed on a fireproof base and connected by breaching to a stack.
- CURRENTLY UNINSPECTED OR UNREGISTERED MOTOR VEHICLE
- Any motor vehicle for which either the registration thereof or inspection marker thereof is 30 days overdue in accordance with the laws of the State of New Jersey.
- The condition of a structure 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.
- A building or structure or part thereof containing one or
more dwelling units or lodging units.[Amended 12-19-2006 by Ord. No. 2006:25]
- DWELLING UNITS
- Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used, or designed to be used, for living, sleeping, cooking or
eating.[Amended 12-19-2006 by Ord. No. 2006:25]
- EMANCIPATED MINOR
- 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 and in regular attendance at an institution of higher learning.
- ENFORCEMENT OFFICER
- The Senior Housing Inspector or his authorized representative.
- EXTERIOR PROPERTY AREAS
- The open space on the premises and on adjoining premises under the control of the owners or operators of the premises.
- The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
- One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel.[Amended 12-19-2006 by Ord. No. 2006:25]
- FIRE HAZARD (also see "nuisance")
- 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 extinguishment of fire.
- Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- GROSS FLOOR AREA
- The total area within a dwelling unit available and accessible to the occupants thereof for all purposes associated with living in the unit.
- HABITABLE ROOMS
- 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, porches and garages. Other rooms or spaces that
are not used frequently or for an extended period or that have less
than 70 square feet of floor area shall not be considered as habitable
rooms.[Amended 12-19-2006 by Ord. No. 2006:25]
- HOTEL; MOTEL
- Any building kept, used, maintained, advertised as or held
out to be a place where sleeping accommodations are supplied for pay
to transient or permanent guests, in which rooms are rented furnished
or unfurnished, including any room found to be arranged for or used
for sleeping purposes with or without meals, for the accommodation
of such guests. Such use shall contain sleeping rooms, each having
its own bathroom, and may also contain meeting rooms, office and temporary
office space, restaurants and retail-commercial space.[Amended 12-19-2006 by Ord. No. 2006:25; 12-14-2010 by Ord. No. 2010:36]
- HOUSING INSPECTORS
- All officials, officers or employees of the Township entrusted with the enforcement of this code.
- The presence, within or contiguous to structure or premises, of insects, rodents, vermin or other pests.
- INOPERABLE MOTOR VEHICLE
- Any motor vehicle which cannot be moved under its own power from place to place by reason of mechanical defects or inadequate equipment, including but not restricted to the lack of one or more tires, and which shall remain in such condition for a period of 14 days or more.
- Any room or part of a room used for cooking or the preparation of food.
- MOTOR VEHICLE
- An automobile, omnibus, road tractor, trailer, truck, truck-tractor and other vehicle defined in N.J.S.A. 39:1-1.
- MULTIFAMILY DWELLING
- See "dwelling unit."
- NET FLOOR AREA
- The net floor area within a dwelling unit shall be computed by deducting from the gross floor area the following:
- (1) Built-in equipment, wardrobes and closets, bathrooms, water closet compartments, laundries, serving and storage pantries, cellars, heating rooms, boiler rooms, utility rooms, kitchens, kitchenettes and areas utilized for cooking purposes.
- (2) Other rooms or spaces that are not used frequently and regularly for living purposes.
- (3) Such part of any room where the floor-to-ceiling height is less than seven feet.
- (4) Any room or part remaining after eliminating areas in three feet or four feet above which would then contain less than 70 square feet.
- (1) Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or any ordinance of the Township.
- (2) An attractive nuisance which may prove detrimental to the health and 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, any structurally unsound structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac which may prove a hazard for inquisitive persons.
- (3) Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.
- (4) Overcrowding of dwelling units as defined under § 213-42, Occupancy limitations.[Amended 12-19-2006 by Ord. No. 2006:25]
- (5) Insufficient ventilation or illumination in violation of this code.
- (6) Inadequate or unsanitary sewerage or plumbing facilities in violation of this code.
- (7) Unsanitary conditions or anything dangerous to health in violation of this code.
- (8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
- (9) Fire hazards.
- Any person living, sleeping or having actual possession of a business, dwelling unit or rooming unit.
- Any person who has charge, care or control of a structure, whether with or without the knowledge and consent of the owner. Specifically included within this definition is any person who has possession or control of a structure or unit therein as a tenant pursuant to a commercial lease.
- The owner of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a building; or their duly authorized agents.
- PLUMBING AND PLUMBING FIXTURES
- 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.
- A lot, plot or parcel of land, including the buildings or structures thereon. For the purpose of this code, a vacant lot shall be defined as "a lot."
- A space in an enclosed building or space set apart by a permanent partition or partitions.
- ROOMING UNIT
- Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
- All combustible and noncombustible waste materials other
than garbage; and the term shall include, but not be limited to, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metals, mineral matter, glass, crockery
and the residue from burning, wood, coal, coke or other combustible
material, solid market and industrial waste.[Amended 12-14-2010 by Ord. No. 2010:36]
- Wastes from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine.
- SLEEPING ROOM or BEDROOM
- Any separate room other than a dining room, living room, kitchen or bathroom.
- 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.
- Paid for, furnished or provided by or under control of the owner or operator.
- UNIFORM CONSTRUCTION CODE
- The latest edition of the Building Code, BOCA, and all subcodes or such other code as may be designated, or such other code as may be officially designated by the legislative body of the Township for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.
- Gas service and equipment therefor, electric service and equipment therefor, water supply, including hot water and equipment therefor.
- Not occupied by an incumbent, possessor or officer.
- VACANT LOT
- See "premises."
- Supply and removal of air to and from any space by natural or mechanical means.
- Enclosed space containing one or more bathtubs, showers, or both, and which shall also include toilets, lavatories or fixtures serving similar purposes.
- WATER CLOSET COMPARTMENT
- Enclosed space containing one or more toilets which may also contain one or more lavatories, urinals and other plumbing fixtures.
- Deterioration, decay or damage caused by exposure to the elements.
- WORKMANLIKE or WORKMANLIKE STATE OF MAINTENANCE AND REPAIR
- Such maintenance and repair shall be made in a reasonably skillful manner.
- An open unoccupied space on the same lot with a building extending along the entire length of a street, rear or interior lot line.
It is hereby found and declared that there exists in the Township structures and vacant lots 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 and vacant lots, 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, 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 ensuing 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.
The purpose of this code is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; 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 premises unfit for human habitation, occupancy or use. 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.
Every residential and nonresidential structure and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this code whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the installation or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continued occupancy and use of all such structures, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure, equipment or facilities contained therein, except as provided in § 213-6. Where there is mixed occupancy, residential or nonresidential use therein shall be nevertheless regulated by and subject to the provisions of this code.
In any case where the provisions of this code impose a higher standard than set forth in any ordinance of the Township or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail, but if the provisions of this code impose a lower standard than any ordinance of the Township or under the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.
Nothing in this code shall be deemed to abolish or impair existing remedies of the Township or its officers or agencies relating to the removal or demolition of any structures which are deemed to be dangerous, unsafe or unsanitary.
It shall be the duty and responsibility of the Senior Housing Inspector of the Township to enforce the provisions of this code as herein provided. Senior Housing Inspector throughout this chapter shall also mean subordinates of the Senior Housing Inspector.
[Amended 12-14-2010 by Ord. No. 2010:36]
Housing Inspectors shall be provided with official identification and shall exhibit such identification when entering any structure or premises subject to this code. Inspectors shall explain the purpose of their visit and conduct themselves so as to avoid intentional embarrassment or inconvenience to the occupants.
Inspection of premises and the issuing of orders in connection therewith under the provisions of this code shall be the exclusive responsibility of the Division of Housing, Building and Maintenance of the Township. Wherever in the opinion of the Senior Housing Inspector it is necessary or desirable to have inspections of any condition by any other department he shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor the multiple or conflicting orders. No order for correction of any violation under this code shall be issued without the approval of the Senior Housing Inspector, and it shall be the responsibility of the Senior Housing Inspector before issuing any such order to determine that it has the concurrence of any other department or official of the government concerned with any matter involved on the case in question.
Except as may otherwise be provided by statute, local law or ordinance, no officer, agent or employee of the Township charged with the enforcement of this code shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this code. No person who institutes or assists in the prosecution of a criminal proceeding under this code shall be liable to damages hereunder unless acting with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any suit brought against any officer, agent or employee of the Township as a result of any act required or permitted in the discharge of his duties under this code shall be defended by the legal representatives of the Township until the final determination of the proceedings therein.
The Senior Housing Inspector shall make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety and welfare of the public under the provisions of this code. The Senior Housing Inspector is authorized to enter any structure or premises at any reasonable time for the purpose of performing his duties under this code. All inspections as provided for herein shall be with the permission of the owner, operator or occupant. When requesting such permission the Senior Housing Inspector shall advise the owner, operator or occupant of his right to refuse such permission. In the event that such permission is denied to the Senior Housing Inspector upon request, the provisions of § 213-13 of this chapter shall be complied with.
Where the Senior Housing Inspector 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 Senior Housing Inspector may upon affidavit apply to the Municipal Judge for a search warrant. If the 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 a search warrant permitting access to and inspection of the particularly described building in a particularly described area. Probable cause permitting the issuance of the aforesaid search warrant may include but is not limited to the following:
Every occupant of a structure shall give the owner or operator thereof or his agent or employee access to any part of such structure or its premises at reasonable times for the purpose of making such inspections, maintenance, repairs or alterations as are necessary to comply with the provisions of this code.
If all or part of any structure, including among others a fence, billboard or sign, or the equipment for the operation thereof, including among others the heating plant, plumbing, electric wiring, moving stairways, elevators and fire extinguishing apparatus, shall be found in the opinion of the Senior Housing Inspector to be in an unsafe condition — dangerous to life, limb or property, he shall proceed to have the same condemned pursuant to the applicable provisions of this code or such other code of the Township pertaining to unsafe structure.
[Amended 12-20-2005 by Ord. No. 2005:31; 12-14-2010 by Ord. No. 2010:36]
Whenever a Housing Inspector determines that there has been or is a violation or that there are reasonable grounds to believe that there has been or is a violation of any provision of this code, he shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:
Be in writing and shall be deemed to be properly served if a copy thereof is personally delivered to the owner of record or by mailing a copy thereof by certified mail and regular mail to the owner's last known address.
Specify the violation which exists and the remedial action required.
Specify a reasonable time not to exceed 30 days in which the violation shall be abated, corrected or eliminated. The thirty-day period may be extended for an additional 30 days by the Housing Inspector for good cause.
State the penalty for violation of this chapter.
No notice shall be required in the event a second violation occurs within one year from notice of a violation for the same condition.
In case any violation order is not promptly complied with the Senior Housing Inspector may request the legal representative to institute an appropriate action or proceeding at law or in equity against the person responsible for the violation ordering him:
To restrain, correct or remove the violation or refrain from further execution of work;
To restrain or correct the erection, installation or alteration of such structure;
To require the removal of work in violation;
To prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of this code or in violation of a plant or specification under which an approval, permit or certificate was issued; or
To enforce the penalty provisions of this code.
[Amended by Ord. No. 93-44; 12-14-2010 by Ord. No. 2010:36]
Generally. Owners, tenants and/or occupants, and operators shall have the duties and responsibilities as described in this code and the regulations promulgated pursuant thereto; and no owner, tenant and/or occupant, or operator shall be relieved from any such duty and responsibility; nor shall any owner or operator be entitled to defend against any charge of violation thereof by reason of the fact that the tenant and/or occupant is also responsible therefor and in violation thereof.
Free of hazards and unsanitary conditions. The exterior of the premises and 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 unsanitary 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 following:
Rubbish. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris, etc., are prohibited upon properties.
Natural growth. 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.
Overhangings. 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.
Ground surface hazards and unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, 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 of all such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any such recurrence or excessive accumulation of stormwater. Such stormwaters shall not be drained to driving, parking or walking areas or to adjoining properties.
Inoperable motor vehicles. No inoperable or currently unregistered or uninspected motor vehicle shall be parked, stored or left on any residential, multifamily or shopping center property except inside a garage or enclosed building.
Parking of motor-vehicles.
The parking of any motor vehicle by an owner, occupant or operator on the lawn of any residential property is strictly prohibited.
Maintenance of sidewalks and curbs. It shall be the duty and responsibility of the owner of property on which and along which sidewalks and curbs are located to keep such sidewalks and curbs in a proper condition of maintenance and good repair, including but not limited to a condition whereby such sidewalks and curbs are free of obstruction, debris, cracks and crevices or other unsafe conditions.
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.
Unless expressly provided to the contrary of this code the respective obligations and responsibilities of the owner and the 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.
Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept trimmed and kept from becoming overgrown and unsightly.
[Amended by Ord. No. 93:44]
All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs which have excessively peeled or cracked shall with their supporting members be removed 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.
All signs in display windows or otherwise exposed to public view from the interior of premises and which are permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs which have excessively cracked or are otherwise in a state of disrepair or deterioration shall be removed forthwith or put into a good state of repair.
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. In the event 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.
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 clean and attractive manner and in a good state of repair.
All storefronts shall be kept in good repair, painted where required and shall not constitute a safety hazard or nuisance. In the event repairs to a storefront become necessary, the repairs shall be made with the same or similar materials used in the construction of the storefront in such a manner as to permanently repair the damaged area or areas. Any cornice visible above a storefront shall be kept painted where required and in good repair.
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 be a kind that by their appearance under prevailing appraisal practices and standards as determined by the public officers will not depreciate the values of neighboring and adjoining premises as aforesaid.
To the end that a property itself may be preserved, safety and fire hazards eliminated and the adjoining properties and the neighborhood protected from blighting influences, the exterior of every structure or accessory structure, including fences, roofs, gutters, walks and steps, shall be maintained in good repair. The repairs shall be aesthetically compatible with the existing structures. All exterior surfaces shall be kept painted or otherwise finished for the purpose of preservation and appearance and shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessively peeling paint or other condition reflective of deterioration or inadequate maintenance.
In apartments, multifamily dwellings and commercial and industrial buildings, structures, yards, walkways, driveways and parking lots all existing lighting fixtures shall be supplied at all times with functioning light bulbs of sufficient wattage to supply the lumine requirements.
Every structure 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 but not limited to the following:
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
Basements and cellars. Basements, cellars and crawl spaces are to be kept free of accumulations of water resulting from seepage or other causes. Pumps shall be required where necessary to prevent accumulations of moisture and dampness. Pumps shall not be connected directly into the Township’s sewer system.
[Amended 12-14-2010 by Ord. No. 2010:36]
Chimneys and all flue vent attachments thereto. 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 safe, durable, smoketight and capable of withstanding the action of flue gases.
Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound in good repair and free from defects. This provision shall not apply to exterior porches which are less than three feet in height.
Exterior walls, sidings and roof. Exterior walls, sidings, gutters and leaders and roof shall be kept structurally sound, in good repair and free from defects.
Exterior walls, roofs, window, window frame, door, door frame foundation, siding 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.
[Amended 12-14-2010 by Ord. No. 2010:36]
All parts of the premises shall be maintained so as to prevent infestation. In the event of an infestation, the owner and occupant shall cooperate in the abatement of said infestation.
Properly fitting screens in good repair shall be supplied for each exterior window of each dwelling unit. In multifamily apartment houses screens shall be installed and maintained on all windows by the owner during the period from May 1 until October 1 of each year. All such screens shall have a mesh of not less than No. 16.
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.
Garbage containers known as "dumpsters" shall not be located within 15 feet of any building. A "building" is defined as any structure used as intended for supporting or sheltering any use or occupancy.
In the event of hardship or other extenuating circumstances, relief from this requirement may be obtained by appealing to the Fire Prevention Bureau of the Township.
One or more of the following circumstances, not however by way of limitation, may be considered as a basis for relief:
Storage bins, rooms and areas shall not be used for accumulated garbage or refuse. Flammable 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.
The owner or operator shall have the duty and responsibility of removing garbage and refuse from public areas wherever a janitor is required for the premises.
The owner or operator shall provide in every multifamily apartment house complex or development whether or not in common ownership, containing six or more dwelling units, rooming units or combination thereof, at least one maintenance personnel, such as a superintendent, janitor or caretaker, who shall at all times maintain the premises in compliance with this chapter and keep the premises free from filth, garbage, refuse and rubbish. At least one maintenance personnel with some basic knowledge of building systems shall be on the premises at all times. Such personnel shall be both knowledgeable of and capable of performing emergency functions, such as turning off water valves and main electrical disconnects and operating fire extinguishers. Additional minimum personnel shall be required to assure proper maintenance and compliance with this code. The following shall be a minimum requirement of the adequacy of personnel for maintenance of a typical multifamily apartment house complex not having any unusual or special labor-saving features.
[Amended 12-14-2010 by Ord. No. 2010:36]
The name, address and apartment number of any such superintendent, janitor, caretaker or housekeeper shall be posted at all times in conspicuous places within the multifamily apartment house complex.
All personnel responsible for enabling the owner to meet the requirements of this code shall be, by reason of training or experience, competent to perform the duties entrusted to him, familiar with the requirements contained herein and not unable or unwilling to discharge the duties by reason of any physical or mental incapacity, disability or personal habits inconsistent with such duties. The personnel shall have the authority from the owner or operator to attend to or arrange for continual operation of all essential services and facilities required under this code.
The failure of any superintendent, janitor, caretaker, or housekeeper to comply with the provisions of this code shall not relieve the owner or operator from the duties and responsibilities imposed by this code.
Without relieving the owner of any responsibility placed by this code on the owner, any person undertaking for or in behalf of the owner any responsibilities for the operation and maintenance of the premises shall thereby assume concurrently with the owner responsibilities for the premises and be subject to penalty for failure to comply with any notice of violation relating to any item or matter within the responsibilities so assumed.
The owner, operator and their personnel shall maintain a common laundry room, tubs and all common cleaning facilities, if any, in proper operating condition, free of defects and foreign substance, and receptacles shall be placed in laundry areas to provide proper disposal of lint and any other substances that are produced by the washing and drying processes; this lint and dirt shall be placed in the receptacles that are placed there by the owner or lessors.
Freedom from accumulations and obstructions. No accumulations or obstructions from garbage, refuse or rubbish shall be permitted on common areaways, stairways, balconies, porches, hallways, basements or cellar.
Floors, interior walls and ceilings. Floors, interior walls and ceiling of every structure used for human habitation or occupancy shall be structurally sound and maintained in a clean and sanitary condition. The same shall be free from cracks, breaks, loose plaster and other hazards to health and safety.
Floors generally. 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.
Bathroom, water closet compartments and kitchen floors. 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.
Cellar and basement floors. The basement or cellar crawl space shall be kept dry and ventilated. The floors of basement or cellar shall be paved with brick, cement, tile or asphalt or with some other impervious material. The side walls and ceilings of every basement or cellar shall be kept free from damages. The basement or cellar shall be kept clean and free from any accumulation of filth, ashes, garbage, rubbish, refuse, junk, soil matter, wood, paper and other matter of a combustible or putrefactive nature.
Supporting structural members. Supporting structural members are to be kept structurally sound, free of deterioration and capable of bearing imposed loads safely.
Stairs and railings. 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.
[Amended by Ord. No. 91:9]
Duties and responsibilities shall be as follows:
Adequate supply of public water. Every dwelling unit shall have an adequate supply of potable running water with a minimum rate of flow at every faucet or fixture of not less than one gallon per minute.
Hot and cold water. 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 hot water at a temperature not less than 120º F.
Facilities required in bathroom. Every bathroom required hereunder shall be provided with a flush toilet connected to the cold water line and a shower or tub and wash basin connected to running water as set forth above. Bathrooms shall also be provided with adequate light and ventilation.
Bathroom requirements for dwelling units. Every dwelling unit shall contain a bathroom located entirely within that unit, which shall be completely enclosed, containing the facilities as set forth in this code, in a room which affords privacy to the occupants thereof.
Maintenance of plumbing facilities. 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 made immediately.
Connection to sanitary sewer.
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.
At least once annually, all exterior lateral lines, sewer mains and manholes on the premises shall be scrubbed and cleaned according to standard procedures and a certification of same be submitted and approved by the Superintendent of Sewers of the Township.
Heating facilities and duty to supply heat. Every rental dwelling and multifamily dwelling occupied between October 1 and the next succeeding June 1 shall have heating facilities, and the owner of the heating facilities shall be required to see that they are properly installed, safely maintained, and in good working condition and that they are capable of safely and adequately maintaining a minimum inside temperature of 68º F. and a maximum inside temperature of 76º F. in all habitable rooms, measured at least one foot away from any surface of the coldest portion of the space subject to regular use by occupants of any such room, when the outside temperature is at design winter conditions. From October 1 of each year to the next succeeding June 1, every unit of dwelling space and every habitable room therein shall be at a temperature of at least 68º F. but not more than 76º F. between the hours of 6:00 a.m. and 11:00 p.m. and at least 65º F. between the hours of 11:00 p.m. and 6:00 a.m. In meeting the aforesaid standards, the owner shall not be responsible for heat loss and the consequent drop in the interior temperature arising out of action by the occupants in leaving windows or doors open to the exterior of the building.
Required central heating. All multifamily dwellings shall provide a heating system in a fire-resistant enclosed space, separate and apart from the areas to be heated, which system shall be permanently affixed on a fireproof base and connected by breaching to a stack.
Alternative modes of heating. No other mode of heating shall be permitted unless application for the approval thereof is made to the Construction Official 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. This subsection shall not apply to multifamily dwellings or rented dwellings.
Prohibited heating facilities. No dwelling shall have a portable room heating unit using liquid fuel; all such portable units shall be prohibited.
Storage of fuel. Fuel for the operation of equipment shall be stored outside the premises unless stored in the interior pursuant to the regulations of the fire and building codes of the Township as to the storage of flammable materials.
Conversions prohibited during winter. 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.
Side arm gas water heaters. Side arm gas water heaters shall not be permitted.
Installation and maintenance of heating facilities. 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 and 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.
Duty to maintain equipment. 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.
Presumption against contract by occupant to supply own heat. The presence of heating outlets, radiators, risers or returns in any hall or 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.
Habitable rooms, windows. Windows shall either open to 45% of the required area or 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, louvers, monitors or other openings provided all such openings are easily operable by the occupants. All windows which open in a vertical position shall be equipped with mechanical stops in proper working order to hold the windows in the open position when necessary.
Bathroom and water closet compartments. Every bathroom and water closet compartment shall be adequately ventilated with openable area as described in Subsection A(17), Habitable room, windows, totaling 1 1/2 square feet, or by comparable mechanical ventilation.
Electrical service generally. 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 National Electrical Code.
Electrical outlets in habitable rooms. Every habitable room shall be equipped with a minimum of 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 the room, or as specified in National Electrical Code. In all cases the minimum standards specified by the NEC shall be complied with.
Lighting of bathrooms. Every bathroom and water closet compartment shall be provided with a switch and a wall plate or pull switch so located and maintained that there is no danger of short circuiting from water, from other bathroom facilities or from splashing of water.
Lighting of common spaces. 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 used by occupants.
Loose or exposed wiring. 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 shall be 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.
Fuses and protective devices. 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 violations in fuse installations which occur without their knowledge where the correct size is stated and the fuse box is located within a dwelling unit in exclusive possession of the occupants other than the owner.
Overloading of circuits. 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 subsection the public officers may consider the peak seasonal load to which the line is subjected.
Suspension of services or utilities. No owner, operator or occupant shall cause any service, facility, equipment, or utility which is required to be supplied by the provisions of this code, or supplied by reason of a written lease or agreement between an owner and occupant, or on the premises at the time of the commencement of the lease, to be removed from or discontinued from any occupied dwelling unit, except for necessary repairs, alteration, or emergencies, or for such other reasons as may be permitted pursuant to those sections of the Township Code applicable to such service, facility, equipment, or utility.
House numbers for multifamily dwelling. All multifamily apartment houses shall be identified by a numbering or lettering system, which numbers or letters shall be clearly visible at all times from adjacent sidewalks.
Exterior entrance doors to dwelling units; numbering. Exterior entrance doors to dwelling units shall have affixed thereto numbers or letters identifying the dwelling units contained therein, clearly visible at all times from adjacent sidewalks.
Smoke and carbon monoxide detectors.
[Amended 12-14-2010 by Ord. No. 2010:36]
The owner of a multiple dwelling shall supply each occupant with a copy of the manufacturer's printed instructions for the testing of the installed unit(s).
The owner of a multiple dwelling who has been notified by an occupant that such occupant is unable to perform the required monthly testing of detector units in his dwelling, or have this performed by a member of his household, shall perform such monthly testing.
The owner of any rental unit or hotel room or his representative shall inspect each unit whenever a change of occupant occurs and shall clean the unit or replace batteries whenever necessary.
Front door security. Each apartment entry door shall be equipped with a peephole, dead-bolt lock and security chain lock.
[Added 12-14-2010 by Ord. No. 2010:36]
Basements may be utilized for human habitation, provided that:
There be sufficient light and ventilation as more particularly required by other subsections 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.
That there be a second means of egress conforming to the requirements of Township regulation.
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 Division of Housing, Building and Maintenance, so that the same does not constitute an undue hazard to the safety and health of the occupants.
The dwelling units and all walls and floors thereof be free of visible moisture and seepage at all times.
Use of cellar for sleeping purposes is hereby prohibited.
[Amended 12-19-2006 by Ord. No. 2006:25]
Overcrowding. Except as provided in § 213-42K and § 213-42L in this chapter, dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements of Table 1. The following factors may be considered by the Housing Inspector as rebuttable presumptions of overcrowding and shall support the issuance of a summons and complaint by the Housing Inspector:
[Amended 2-12-2013 by Ord. No. 2013:02]
The occupying of areas of dwelling units not classified as habitable rooms under § 213-2 of this chapter, such as basements and attics.
The location of mattresses or bedding materials in areas of the dwelling units prohibited for occupation, as specified under prohibited uses (§ 213-42E) in this chapter.
The existence of cooking appliances and refrigeration units (excluding freezer appliances) in various areas of a dwelling unit in addition to those located in the kitchen.
Access for sleeping rooms. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. Exception: dwelling units that contain fewer than two bedrooms.
Area for sleeping purposes.
[Amended 3-17-2009 by Ord. No. 2009:07]
Every room occupied for sleeping purposes shall contain not less than 70 square feet of floor area for the first occupant thereof and not less than 50 square feet of floor area for each additional occupant thereof.
[Amended 2-12-2013 by Ord. No. 2013:02]
The conversion of closet space in any bedroom by the removal of closet doors as a means of increasing square footage is prohibited.
Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 1 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
Prohibited uses. Those rooms not herein defined as habitable rooms and interior public areas shall not be used for sleeping purposes.
Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet. The minimum headroom in all parts of the stairway shall not be less than six feet, eight inches measured vertically from the sloped plan adjoining the tread nosing or from the floor surface of the landing platform.
In one- and two-family dwellings, beams or girders spaced not less than four feet on center and projecting not more than six inches below the required ceiling height.
Rooms used exclusively for sleeping, study, or similar uses and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor areas with a clear ceiling height of five feet or more shall be included.
Basement rooms in one- and two-family dwellings used exclusively for laundry, study, or recreation purposes having a ceiling height of not less than six feet eight inches with not less than six feet four inches of clear height under beams, girders, ducts, and similar obstructions.
Privacy. Dwelling units shall be arranged to provide privacy and be separate from other adjoining spaces.
Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.
Food preparation. All spaces to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Efficiency unit. Nothing in this section shall prohibit an efficiency unit from meeting the following requirements:
The unit shall be provided with a kitchen sink, cooking appliance and refrigerator facilities, each having clear working space of not less than 30 inches in front; light and ventilation conforming.
The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
The maximum number of occupants shall be three.
The occupancy limitations set forth herein may be exceeded only by one guest of the primary occupant(s) of the dwelling or dwelling unit, who may not occupy the dwelling or dwelling unit, continuously or intermittently, for more than two months in any twelve-month period.
[Added 2-12-2013 by Ord. No. 2013:02]
[Added 2-12-2013 by Ord. No. 2013:02]
A person whose name appears on a lease agreement for the lease of a dwelling unit covered by the provisions of this § 213-42 may apply to the Division of Housing for a waiver of the occupancy limitations specified therein.
Applications for a waiver pursuant to this § 213-42L shall be made on a form provided by the Division of Housing, shall be signed by the applicant, and shall be addressed to the Director of Planning, Zoning, and Construction Inspections.
The Director of Planning, Zoning, and Construction Inspections may require applicants to submit such forms and information that he or she deems necessary to properly review an application for a waiver.
Each application for a waiver pursuant to this § 213-42L shall be signed by the applicant's landlord, indicating the landlord's consent to the waiver. Any application not signed by the applicant's landlord shall be deemed incomplete and shall not be processed by the Division of Housing.
Each application for a waiver pursuant to this § 213-42L shall be accompanied by a copy of an unexpired lease agreement indicating that the applicant is the lessee or, in the case of a joint or multiple lease, that the applicant is one of the lessees of the dwelling unit that is the subject of the waiver application. Each application shall also be accompanied by a statement of reasons that the waiver is being requested and shall set forth the following information:
The number of adults and children occupying the dwelling unit and the age of each child;
The number of vehicles owned or used by each and every occupant of the dwelling unit;
The total number and size of sleeping rooms in the dwelling unit; and
The total number and size of food preparation areas and bathrooms or water closet compartments in the dwelling unit.
Upon receipt by the Division of Housing, an application for waiver pursuant to § 213-42L shall be reviewed to determine its completeness. Any application found to be incomplete shall be returned to the applicant with a statement indicating the application's deficiencies. Applications found to be complete shall be forwarded to the Director of Planning, Zoning, and Construction Inspections, who shall review the merits of the application and render a decision.
The Director of Planning, Zoning, and Construction Inspections shall, in his or her sole discretion, have the final authority to grant and deny applications for waivers pursuant to this § 213-42L. The Director of Planning, Zoning, and Construction Inspections may, in his or her sole discretion, impose reasonable conditions or restrictions upon a waiver granted pursuant to this § 213-42L.
Within 30 days of receiving an application for waiver, the Director of Planning, Zoning, and Construction Inspections shall forward a written decision to the applicant at the address indicated on the application via regular and certified mail, return receipt requested. The decision shall either grant the waiver, deny the waiver, or grant the waiver with conditions or restrictions.
In reviewing an application for waiver pursuant to this § 213-42L, the Director of Planning, Zoning, and Construction Inspections shall consider all relevant facts including, but not limited to, the following:
The availability of larger units in the complex within which the applicant resides;
The number of adults and children occupying the subject dwelling unit and the current age of each child;
The total number and size of sleeping rooms in the subject dwelling unit;
The total number and size of food preparation areas and bathrooms or water closet compartments in the subject dwelling unit;
The number of vehicles owned or used by each and every occupant of the subject dwelling unit;
Any other positive or negative impacts on the health, safety, and welfare of the occupants of the subject dwelling unit and any occupants of surrounding dwelling units.
The Director of Planning, Zoning, and Construction Inspections, in granting a waiver pursuant to this § 213-42L, may impose any and all reasonable conditions or restrictions upon the waiver that are necessary to maintain the health, safety, and welfare of the occupants of the subject dwelling unit and the surrounding dwelling units.
[Added 12-19-2006 by Ord. No. 2006:25]
Relocation Assistance Fund. The Township shall establish a Relocation Assistance Fund to be administered by the Director of Human Services. The fund shall accept relocation assistance payments, as required by this section, and distribute them to eligible displaced tenants.
Eligibility for relocation assistance.
Any tenant who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2(3) that results from zoning or code enforcement activity for an illegal occupancy, as set forth in N.J.S.A. 2A:18-61.1(g)(3), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.
The Township shall pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to Subsection B(1) of this section. All relocation assistance costs incurred by the Township pursuant to this subsection shall be repaid by the owner-landlord of the structure to the Township in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2. These repayments shall be deposited into the Township's revolving Relocation Assistance Fund.
In addition to relocation reimbursement from the owner-landlord of the structure for relocation assistance paid to a displaced tenant, the owner-landlord shall pay the Township a fine for zoning or housing code violations for an illegal occupancy in an amount equal to six times the monthly rent paid by the displaced person.
In addition to this penalty, the Township, after affording the owner-landlord an opportunity for a hearing on the matter before the Senior Housing Inspector, may impose upon the owner-landlord, for a second or subsequent violation for any illegal occupancy, a fine equal to the annual tuition costs of any resident of the illegal occupied unit attending a public school, which fine shall be recovered in civil action by a summary proceeding in the name of the municipality pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this subsection. The tuition costs shall be determined in a manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district.
For purposes of this section, a "second and subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
For the purposes of this section, the owner-landlord of a structure shall exclude mortgagees in possession of a structure through foreclosure.
General and specific provisions. Occupants shall not, after notice as required in this section, occupy or continue to occupy premises which are substandard by reason of the failure of the dwelling 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 Senior Housing Inspector responsible for the enforcement hereunder as more particularly set forth elsewhere in this code.
Cleanliness and sanitation. 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 unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition.
Garbage disposal and personal accumulation. 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, 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 the windows nor shall garbage and refuse be set out on stairways; common hallways and common areaways shall be kept free of accumulations of personal belongings.
Garbage containers. Garbage containers will be permitted adjacent to roadway on day of pickup only. Containers must be returned to suitable place adjacent to the structure.
Elimination of infestation. 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 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.
Malicious damage. Every occupant shall be responsible for willfully or maliciously causing damage to any part of the premises.
Use of fuel. No occupant shall cause excessive discoloration of the sidewalls or ceilings of any part of the premises by improper use of heating or cooking equipment.
Cooking only where sanitary facilities exist. No occupant shall cook in any dwelling unit except where all required sanitary facilities are installed as required.
Supplying of heat to other occupants. 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 occupied by other persons, the occupant shall be responsible for supplying heat in accordance with all provisions.
Installation and maintenance of heating equipment. 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 condition during all times that the heating equipment shall remain under his control.
Maintenance of plumbing. Every occupant shall maintain all plumbing fixtures used by him in a clean and sanitary condition and he shall not knowingly deposit any material in any fixture or sewer system which would result in stoppage or damage to the fixture or sewer system.
Providing notice of defects to owner. Where the owner or operator would not otherwise know of a defect of any facility, utility or 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.
Occupancy of dwelling unit. No occupant shall occupy or permit the occupancy of any dwelling unit in violation of the occupancy standards established in this code.
Occupancy of dwelling unit without required facilities. No occupant shall occupy or continue to occupy a dwelling unit in violation of the occupancy standards established in this code.
Violation by minors. 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.
Smoke and heat detectors.
Every occupant of a dwelling unit in a multiple dwelling shall test all detector units in his own dwelling unit monthly and report any malfunctioning immediately to the building owner.
If an occupant is incapable of performing this testing due to a mental or physical impairment, and has no member of his household capable of performing such testing, be shall so notify the owner or his representative.
Editor's Note: Former Subsection 10-2.44, Certificate of Habitability and Registration, as amended, which immediately followed this section, was repealed by Ord. No. 91:89.
Failure to abate.
If within the time permitted the owner or lessor shall fail to abate the nuisance, correct the defect or defects or put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Township, after notice thereof and opportunity to do so as provided elsewhere in this chapter, the Senior Housing Inspector shall file a report with the Township Council which report shall set forth in detail the condition constituting the nuisance or the defect or defects and shall contain a copy of the notice serviced upon the owner or lessor, the date and manner thereof and a certification that such condition or conditions still exist.
Upon the filing of the report by the Senior Housing Inspector, hearing upon at least five days' notice to the owner or lessor shall be served in the same manner as is provided elsewhere. After completing such hearing the Senior Housing Inspector shall submit a report of his findings and recommendations to the Township Council. If it is of the opinion that such action is in the public interest the Township Council may adopt a resolution in the public's interest to abate the nuisance, to correct the defect or to put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Township at the cost and expense of the owner or lessor.
The Township Council may by such resolution also authorize the expenditure of municipal funds and fix the amount thereof to be used for such purpose and charge the same against the premises, and the amount thereof as determined by the Township Council shall be a lien against the premises and collectible as provided in this chapter.
Custodian. Whenever a resolution shall have been adopted pursuant to the authority granted in this chapter the Township Council may appoint a custodian of any such building or structure on behalf of the Township or any other person specially designated to enter into and take charge of the premises and supervise the abatement of the nuisance, the correction of the defect or the maintenance of the premises in a proper condition so as to conform to the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Township. All costs and expenses of the custodian shall be charged against the premises and shall be collectible as provided in this chapter.
Accounting records. The person authorized to undertake the abatement of the nuisance, the correction of the defect or the maintenance of the premises in a proper condition so as to conform to the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Township shall keep an accurate account of the cost and expenses thereof and upon completion of the work shall certify a detailed statement of all costs and expenses to the Township Council. The Township Council shall thereupon examine the statement and after hearing upon at least seven days' notice to the owner or lessor, which notice shall include a copy of the actual statement, may adopt and confirm the same with or without alterations and shall cause the cost to be charged against the premises. The amount so charged shall forthwith become a lien upon the premises and shall be added to and become and form a part of the taxes next to be assessed and levied upon such premises and such amount shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same amount of taxes.
Appointment of receiver. In the event that the owner of a building or structure shall violate any of the provisions of this chapter or shall fail to abate a condition harmful to the health and safety of the occupants of the building or structure and the general public in the Township after notice and opportunity to do so, the Senior Housing Inspector may, by and with the approval of the Township Council, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property and expend the same for the purpose of abating the conditions. The rents and income so collected by the receivers shall also be available for the payment of such costs and expenses of the receivership as may be adjudged by the court and for the payment of the Township of any fines or penalties which may have been imposed on the owner for violation of this chapter and which have not been paid.
First mortgage. Upon appointment the receiver, by and with the approval of the Township Council, in all cases where the real property in question is encumbered by a first mortgage if such mortgagee is a proper person and is willing to accept such appointment as the receiver's agent to collect the rents and income from such real property and manage the same, and in all other cases the receiver by and with the approval of the Township Council may designate the person in charge or management of such real property or some other competent person as the receiver's agent to collect the rents and income from same, which mortgagee or other person shall account promptly to the receiver the rents and income collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property the receiver shall apply to the court for the removal of such designated mortgagee or other person upon notice in writing to him, and the court upon removing such designated mortgagee or other person in its discretion shall designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.
[Added 12-19-2006 by Ord. No. 2006:25]
Purpose. The purpose of the Landlord Amnesty Program is to secure the assistance and cooperation of landlords to abate overcrowding of single- and multiunit dwellings in return for immunity from prosecution for violations of the Housing and Property Maintenance Code in connection with overcrowding.
Qualifying landlords. A landlord qualifies to participate in the Landlord Amnesty Program with respect to a particular property owned by the landlord if all of the following conditions are satisfied:
The landlord reports overcrowding at the property to the Housing Inspector within seven days of the landlord's discovery of the overcrowding.
At all times during the landlord's ownership of the property, the property was registered with the Housing Department.
The landlord has not collected rent from more occupants than are permitted to occupy the property under this code.
Landlord benefits. A landlord who participates in the Landlord Amnesty Program will receive the following benefits:
The landlord will be immune from prosecution for overcrowding at the property.
The Township will assist the landlord to abate the overcrowding through the Township's enforcement of this code.
The Town will provide documentary evidence of overcrowding to the landlord for use in eviction proceedings brought by the landlord against the occupants of the property.
Landlord responsibility. A landlord who participates in the Landlord Amnesty Program will have the following responsibilities:
The landlord will provide the Housing Inspector with copies of any and all notices to abate issued to the occupants.
[Amended 11-27-2007 by Ord. No. 2007-54]
The landlord will give written notice to the occupants to abate the overcrowding within thirty (30) days of the date of the notice.
The landlord will provide the Housing Inspector with access to the property following the expiration of the notice period to conduct an inspection and, if the overcrowding has been abated and the property is in full compliance with the code, issue a housing certificate.
If the overcrowding has not been abated as of the date of the inspection, the landlord will immediately commence eviction proceedings against the occupants.
The landlord will continue to provide the Housing Inspector with access to the property to conduct inspections until the overcrowding has been abated and the landlord has remedied any other violations of this code.
When the overcrowding has been abated, the landlord will provide the Housing Inspector with access to the property for a final inspection within 30 days to 90 days after abatement to verify continued compliance with this code.
The landlord will testify in the Township's Municipal Court in support of any action brought by the Township against the occupants for overcrowding the property.
Procedures. The landlord may commence participation in the Landlord Amnesty Program by providing to the Housing Inspector the information set forth in Subsection B and executing a written instrument established by the Township evidencing the landlord's intent to participate in the Landlord Amnesty Program and comply with the provisions of this section.