The provisions of this Article shall constitute the standards to guide the Health Officer or his or her agents in determining the fitness of a building for human habitation, use or occupancy.
For the purposes of this Article, the words, terms or phrases listed below shall be defined and interpreted as follows:
ADMINISTRATIVE AUTHORITY
The department, branch or agency of this municipality which is authorized by this Part 2 to administer the provisions of this Article.
BUILDING
Any building or structure or part thereof used for human habitation, use or occupancy, and includes any necessary buildings and appurtenance belonging thereto or usually enjoyed therewith.
DWELLING
A building or structure or part thereof containing one or more dwelling units or lodging units. For the purposes of this Article, a mobile home shall be deemed to be a "dwelling."
DWELLING UNIT
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 and eating.
GARBAGE
The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
HEALTH OFFICER
The officer authorized by this Part 2 to exercise powers prescribed by this Article.
INFESTATIONS
The presence, within or around a building, of any insects, rodents or other pests.
LODGING HOUSE
Any building or that part of any building containing one or more lodging units, each of which is rented by one or more persons not related to the owner.
LODGING UNIT
A rented room or group of rooms containing no cooking facilities used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
OCCUPANT
Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.
OWNER
Any person properly authorized to exercise powers of or for an owner of property for purposes of its purchase, sale, use, occupancy or maintenance.
PERSON
The same meaning as defined in N.J.S.A. 1:1-2.
PLUMBING FIXTURES
All installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
RUBBISH
All combustible and noncombustible waste material, except garbage.
UTILITIES
Electric, gas, heating, water and sewerage services and equipment therefor.
Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting the standards as set forth in Potable Water Standards as published by the New Jersey State Department of Health. The source of such water supply shall be approved by the New Jersey State Department of Health and/or the Borough Board of Health. The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than one gallon per minute.
A. 
Every plumbing fixture shall be connected to water and sewer systems approved by the Board of Health and shall be maintained in good working condition.
B. 
Every kitchen sink, lavatory and bathtub or shower required by this Part 2 shall be connected to both hot- and cold-water lines.
C. 
Every dwelling shall have water heating facilities which are installed and maintained in good and safe working conditions, connected with the hot-water lines required under the provisions of Subsection A of this section and capable of delivering water at a minimum temperature of not less than 120° F.
Garbage or other organic waste shall be stored in watertight receptacles of metal or other approved material. Such receptacles shall be provided with tight-fitting covers. At least one approved-type garbage receptacle shall be provided for each dwelling unit in accordance with § 250-47 of this Article. Rubbish shall be stored in receptacles of metal or other approved material.
[Amended 12-18-1986 by Ord. No. 1986-2]
A. 
From October 1 of each year to the next succeeding May 1, every unit of dwelling space and every habitable room therein shall be maintained at a temperature of at least 68° F. between the hours of 6:00 a.m. and 11:00 p.m., and at least 65° F. between the hours of 11:00 p.m. and 6:00 a.m. The heating system shall be capable of maintaining the minimum required temperature in all habitable rooms without the necessity of heating adjoining rooms more than five degrees higher than said minimum required temperature. The design of the heating system shall conform to ASHRAE Guide and Data Book. The heating standard herein set forth may be modified by the Commissioner by emergency rule.
B. 
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.
C. 
The owner shall be obligated to supply required fuel or energy and maintain the heating system in good operating condition so that it can supply heat as required herein, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person; except that the owner shall not be required to supply fuel or energy for heating purposes at any unit where the occupant thereof agrees, in writing, to supply heat to his or her own unit of dwelling space and said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed.
D. 
Every space heater, except electrical, shall be properly vented to a chimney or duct leading to the outdoors. Unvented portable space heaters burning solids, liquid or gaseous fuels shall be prohibited.
Every building, dwelling, dwelling unit and premises upon which such building, dwelling or dwelling unit is located shall comply with the following maintenance standards, as appropriate:
A. 
Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodentproofing and verminproofing may be required by the Board of Health. Rodent and vermin extermination shall be carried out in accordance with § 250-47 of this Article. Every openable window, exterior door, skylight and other opening to the outdoors shall be supplied with properly fitting screens in good repair from May 1 until October 1 of each year. Such screens shall have a mesh of not less than No. 16.
B. 
Every building, dwelling, dwelling unit and all other areas of the premises shall be clean and free from garbage or rubbish and hazards to safety.
[Amended 3-17-1994 by Ord. No. 1994-1]
C. 
The Health Officer may order the owner to clean, repair, paint, whitewash or paper such walls or ceilings within a dwelling when such have deteriorated so as to provide a harborage for rodents or vermin or when such a wall or ceiling has become stained or soiled or the plaster, wallboard or other covering has become loose or badly cracked or missing. Nothing in this subsection shall be so construed as to place upon the nonresident owner responsibilities for cleanliness contained in § 250-47 of this Article.
D. 
Every water closet compartment floor and bathroom floor shall be so constructed and maintained as to be reasonably impervious to water so as to permit such floor to be kept in a clean condition.
The owners and occupants of buildings, dwellings and surrounding premises shall have the following responsibilities and duties:
A. 
No owner or occupant shall cause any services, facilities, equipment or utilities which are required under this Part 2 to be removed from, shut off or discontinued in any occupied dwelling let or occupied by him or her, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies when discontinuance of service is authorized by the Health Officer. In the event that any service or utility which the owner has agreed to supply is discontinued, the owner shall take immediate steps to cause the restoration of such service or utility.
B. 
The owner of a dwelling located in an area found by the Health Officer to be infested by rats, insects or other vermin shall carry out such rat stoppage, verminproofing or other means of preventing infestations of said dwellings as may be required by the Board of Health.
C. 
No owner shall occupy or let to an occupant any vacant dwelling unit or lodging unit unless it is clean and sanitary.
D. 
Every owner of a dwelling containing two or more dwelling units or lodging units shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwellings and premises thereof.
E. 
It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to provide for the orderly maintenance of the premises. The storage of objects or materials not covered in Subsections G and H of this section or not otherwise prohibited by municipal ordinances shall be done in an orderly manner so as to not constitute a health, safety or fire hazard.
F. 
Every occupant of a dwelling shall keep in a clean and sanitary condition that part of the dwelling which he or she occupies and controls.
G. 
Every occupant of a dwelling unit shall dispose of all his or her garbage and any other organic waste which might provide food for rodents by placing it in the garbage disposal facilities or garbage storage receptacles required by § 250-44 of this Article.
H. 
Every occupant of a dwelling unit shall dispose of all his or her rubbish in a clean sanitary manner by placing it in the rubbish containers required by § 250-44 of this Article.
I. 
In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant of each dwelling unit to furnish the receptacles outside the dwelling unit as are needed for the storage of garbage and rubbish until removal from the premises. In lodging houses and in dwellings containing four or more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside the lodging units or dwelling units as are needed for the storage of garbage and rubbish until removal from the premises.
J. 
Every occupant of a dwelling unit in a dwelling containing no more than (3) dwelling units shall be responsible, unless provided for otherwise under a lease agreement, for the periodic removal of all garbage and rubbish from the premises each week in accordance with such regulations of this municipality for the collection of garbage and rubbish.
K. 
Every occupant of a dwelling comprising a single dwelling unit 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 or her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused 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.
L. 
Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
M. 
In dwellings containing two or more dwelling units having a common source of heat for domestic hot water, it shall be the responsibility of the owner to make provision for the proper operation of such facilities at all times.
N. 
Every owner of a dwelling who permits to be occupied any dwelling unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof shall supply heat adequate to maintain therein a minimum inside temperature of 65° F. in all habitable rooms, bathrooms and water closet compartments between the hours of 6:00 a.m. and 11:00 p.m. throughout the year.
O. 
In the absence of a contract or agreement to the contrary, an owner shall be obliged to provide heat wherever heating facilities are under the control of the owner or whenever two or more dwelling units or lodging units are heated by a common facility.
P. 
The owner shall be responsible for compliance with all provisions of this Article not specified as the responsibility of occupants.
The Health Officer is hereby authorized and empowered to exercise all powers as may be necessary to carry out and effect the purpose and provisions of this Article, including the following, in addition to other powers herein granted:
A. 
To investigate the dwelling conditions in the borough in order to determine which dwellings are unfit for human habitation.
B. 
To administer oaths and affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
D. 
To appoint and fix the duties of such officers, agents and employees as he or she deems necessary to carry out the purposes of this Article.
E. 
To delegate any functions and powers under this Article to such officers and agents as he or she may designate where such delegation is allowed by law.
The Health Officer or his or her agents may, upon affidavit, apply to the Judge of the Municipal Court of the borough 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 Article exists on the premises, and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he or she 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 may exist. A search warrant may also be issued for the routine, periodic inspection of all structures in a given area based upon possible cause, such as passage of time since the last inspection, the nature of the buildings and structures involved, observable deterioration of the general area and the like.
In any case where the provisions cf this Article impose a higher standard than set forth in any other ordinance or law, then the standards as set forth herein shall prevail, but if the provisions of this Article impose a lower standard than any other ordinance or law, then the higher standard contained in such other ordinance or law shall prevail.