[Adopted 4-15-1980 by Ord. No. 80-12 as
Art. II of Ch. 98 of the 1979 Code]
The Township Council hereby determines that
in the township there are or may be in the future dwelling structures
which are so dilapidated, unsafe, dangerous, unhygienic or insanitary
as to constitute a menace to the health and safety of the people of
the township.
The purpose of this article is to establish
minimum standards governing the conditions and maintenance of dwellings;
establish minimum standards governing supplied utilities and facilities
and other physical things and conditions essential to make dwellings
safe, sanitary and fit for human habitation; fix certain responsibilities
and duties of owners and occupants of dwellings; authorize the inspection
of dwellings; and fix penalties for violations.
As used in this article, the following terms
shall have the meanings indicated:
The department, branch or agency of this municipality which
is authorized by the adopting ordinance to administer the provisions
of this article.
Any building or structure or part thereof used or intended
by its design to be used for human habitation, use or occupancy, and
includes any accessory buildings and appurtenance belonging thereto
usually enjoyed therewith.
A building or structure or part thereof containing one or
more dwelling units or lodging 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 and
eating.
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
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.
The presence, within or around a building, of any insects,
rodents or other pests.
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.
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.
Any person or persons in actual possession of and living
in the building or dwelling unit, including the 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.
Shall be given the same meaning as defined in N.J.S.A. 1:1-2.
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.
The officer or officers who are authorized by the adopting
ordinance to exercise powers prescribed by this article.
All combustible and noncombustible waste material, except
garbage.
Electric, gas, heating, water and sewerage services and equipment
therefor.
A.
The Zoning and Housing Officer and the Housing Inspectors
are hereby authorized and directed to make inspections to determine
the condition of dwellings, dwelling units and premises located within
the township in order that they may perform their duty of safeguarding
the health and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, the Zoning and
Housing Officer and the Housing Inspectors may enter, examine and
survey dwelling units and premises at all reasonable times.
B.
The owner or occupant of every dwelling or dwelling
unit or the person in charge thereof shall give such officers free
access to such dwelling, dwelling unit and its premises at all reasonable
times for the purpose of such inspection, examination and survey.
Every occupant of a dwelling unit shall give
the owner thereof or his or her agent or employee access to any part
of such dwelling or dwelling unit or its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this article.
The Zoning and Housing Officer and the Housing
Inspectors are hereby designated and appointed to enforce the provisions
of this article.
Whenever the Zoning and Housing Officer or a
Housing Inspector determines that there exists a violation of any
of the provisions of this article, he or she shall give notice of
such violation to the owner, landlord, tenant or occupant responsible
therefor. Such notice shall:
A.
Be in writing.
B.
Contain a statement of the violation or violations
existing in the dwelling or dwelling unit.
C.
Specify a reasonable time, not to exceed 30 days,
in which the violation or violations shall be abated, corrected or
eliminated.
D.
Be served upon the owner or his or her agent, the
landlord, the tenant or the occupant personally or by registered or
certified mail addressed to him or her at his or her last known address,
or by posting a copy thereof in a conspicuous place in or about the
dwelling or dwelling unit affected by such notice.
Whenever the Zoning and Housing Officer finds in any dwelling a condition which presents an immediate and serious threat to the health or safety of the occupants of such dwelling or to the health or safety of the general public, he or she shall immediately issue and serve an order in the manner specified in § 190-7D, reciting the existence of such condition and requiring that corrective action specified by him or her be taken within such short time as he or she deems necessary to meet the emergency.
The Zoning and Housing Officer may grant a reasonable
extension of time specified for the elimination of any violation of
this article on good cause being shown to him or her for such extension.
[Amended 5-23-2000 by Ord. No. 00-19]
Any person ordered or directed by the Zoning
and Housing Officer or a Housing Inspector to alter, correct or eliminate
a violation of this article shall be entitled to a hearing upon and
a review of such order or direction by the Director of the Department
of Planning and Community Development or by such member of the Township
Council as to whom the said Director may, refer the matter for hearing
if application for a hearing is made in writing within 10 days of
the service of such order or direction. At the conclusion of such
hearing, the Director shall affirm the order or direction of the Zoning
and Housing Officer or Housing Inspectors or set it aside if a violation
is found not to exist, or he or she may enlarge the time specified
by the order for the correction of the violations determined to exist.
A.
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.
B.
The source of such water supply shall be approved
by the New Jersey State Department of Health and/or the Board of Health.
C.
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 dwelling unit shall contain a kitchen sink of
nonabsorbent impervious material, at least one flush-type water closet,
a lavatory and a bathtub or shower, available only for the use of
the occupants of that dwelling unit.
B.
Every lodging house shall be provided with a minimum
of one flush-type water closet, lavatory and a bathtub or shower for
every eight persons or part thereof.
C.
Every water closet, lavatory and bathtub or shower
for each dwelling unit or lodging house shall be accessible from within
the building without passing through any part of any other dwelling
unit or lodging unit and, in a lodging house, shall be located no
farther than one floor above or below the lodging units served. Such
water closet, lavatory and bathtub or shower shall be contained in
a room or rooms which are separated from all other rooms by walls,
doors or partitions that afford privacy.
D.
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.
E.
Every kitchen sink, lavatory and bathtub or shower
required by this article shall be connected to both hot- and cold-water
lines.
F.
Every dwelling shall have water heating facilities which are installed and maintained in good and safe working condition, connected with the hot-water lines required under the provisions of Subsection E of this section and capable of delivering water at a minimum temperature of not less than 120° F.
A.
Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
or skylight area, measured between stops, for every habitable room
shall be 10% of the floor area of such room. Whenever walls or other
portions of structures face a window of any habitable room and are
located less than three feet from the window and extend to a level
above that of the ceiling of the room, such a window shall not be
included in calculating the required minimum total window area.
B.
Every dwelling shall be provided with electric service.
C.
Every habitable room shall contain at least two separate
wall-type electric convenience outlets or one such convenience outlet
and one ceiling or wall-type electric light fixture. Every such outlet
and fixture shall be maintained in good and safe condition and shall
be connected to the source of electric power. No temporary wiring
shall be used except extension cords which run directly from portable
electrical fixtures to convenience outlets and which do not lie under
rugs or other floor coverings nor extend through doorways, transoms
or other openings through structural elements.
D.
Every portion of each staircase, hall, cellar, basement,
landing, furnace room, utility room and all similar nonhabitable space
located in a dwelling shall have either natural or artificial light
available at all times, with an illumination of at least two lumens
per square foot (two footcandles) in the darkest portions.
E.
Every portion of any interior or exterior passageway
or staircase common to two or more families in a dwelling shall be
illuminated naturally or artificially at all times, with an illumination
of at least two lumens per square foot (two footcandles) in the darkest
portion of the normally traveled stairs and passageways. In dwellings
comprising two dwelling units, such illumination shall not be required
at all times if separate switches, convenient and readily accessible
to each dwelling unit, are provided for the control of such artificial
light by the occupants thereof.
F.
Every bathroom and water closet compartment shall
have either natural or artificial light available at all times, with
an illumination of at least three lumens per square foot (three footcandles).
Such light shall be measured 36 inches from the floor at the center
of the room. Artificial lighting shall be controlled by a wall switch
so located as to avoid danger of electrical hazards.
A.
Means of ventilation shall be provided for every habitable room. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in § 190-13A or by other means acceptable to the administrative authority which will provide at least two air changes per hour.
B.
Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilation may be provided either by an easily operable window or skylight having an openable area of at least 45% of the minimum window area or minimum skylight area as required in § 190-13A or by other means acceptable to the administrative authority which will provide at least five air changes per hour.
A.
Every dwelling shall have heating facilities which
are properly installed, maintained in good and safe working condition
and are capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments located therein to a temperature
of at least 68° F. when the outside temperature is 0° F. The
temperature shall be read at a height of three feet above floor level
at the center of the room.
B.
Every space heater, except electrical, shall be properly
vented to a chimney or duct leading to the outdoors. Unvented portable
space heaters burning solid, liquid or gaseous fuels shall be prohibited.
A.
Every dwelling, dwelling unit or lodging unit shall
have safe and unobstructed means of egress. Such means of egress shall
not be through any other dwelling unit or part thereof and shall lead
to a safe and open space at ground level accessible to a street.
A.
Every foundation, floor, wall, ceiling, door, window,
roof or other part of a building shall be kept in good repair and
capable of the use intended by its design, and any exterior part or
parts thereof subject to corrosion or deterioration shall be kept
well painted.
B.
Every inside and outside stairway, every porch and
every appurtenance thereto shall be so constructed as to be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon and shall be kept in sound condition and good repair.
Every stairway having three or more steps shall be properly banistered
and safely balustraded.
C.
Every porch, balcony, roof and/or similar place higher
than 30 inches above the ground, used for egress or for use by occupants,
shall be provided with adequate railings or parapets. Such protective
railings or parapets shall be properly balustraded and be not less
than three feet in height.
D.
Every roof, wall, window, exterior door and hatchway
shall be free from holes or leaks that would permit the entrance of
water within a dwelling or be a cause of dampness.
E.
Every foundation, floor and wall of a dwelling shall
be free from chronic dampness.
F.
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 § 190-19K. 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.
G.
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. Lawns, hedges and bushes shall be kept trimmed
and shall not be permitted to become overgrown and unsightly. Fences
shall be kept in good repair.
H.
The public officer may order the owner to clean, repair, paint, whitewash or paper such walls or ceilings when a wall or ceiling within a dwelling has deteriorated so as to provide a harborage for rodents or vermin, or when 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 § 190-19F.
I.
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.
J.
Every vacant building, whether or not it has been
permanently vacated, abandoned or boarded and secured, must be maintained
in the same manner as required in this article for occupied buildings
and all appurtenances thereto, except for the provision of heat and
utilities for the duration of the vacancy. It shall be the responsibility
of the owners to maintain the security of the building from unauthorized
entry and from infestation by pests.
A.
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100
additional square feet of floor space for every additional occupant
thereof, the floor space to be calculated on the basis of total habitable
room area.
B.
In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
50 square feet of floor space for each occupant thereof. Notwithstanding
the foregoing, in every lodging unit every room occupied for sleeping
purposes by one occupant shall contain at least 80 square feet of
floor space, and every room occupied for sleeping purposes by more
than one occupant shall contain at least 60 square feet of floor space
for each occupant thereof.
C.
At least 1/2 of the floor area of every habitable
room shall have a ceiling height of at least seven feet. The floor
area of that part of any room where the ceiling height is less than
five feet shall not be considered as part of the floor area in computing
the total floor area of the room for the purpose of determining the
maximum permissible occupancy thereof.
D.
No room in a dwelling may be used for sleeping if
the floor level of the room is lower than 31/2 feet below the average
grade of the ground adjacent to and within 15 feet of the exterior
walls of the room.
E.
A room located below the level of the ground but with
the floor level less than 31/2 feet below the average grade of the
ground adjacent to and within 15 feet of the exterior walls of the
room may be used for sleeping, provided that the walls and floor thereof
in contact with the earth have been dampproofed in accordance with
a method approved by the administrative authority, and provided that
the windows thereof are at least 15 feet from the nearest building
or wall.
A.
No owner or occupant shall cause any services, facilities,
equipment or utilities which are required under this article 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 public 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 public 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 dwelling 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 dwelling 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 Chapter 292, Solid Waste, Article I, Garbage, Rubbish and Refuse.
[Amended 5-23-2000 by Ord. No. 00-19]
I.
In dwellings containing no more than three dwelling
units, it shall be the responsibility of the occupant of each dwelling
unit to furnish such 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 three 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.[1]
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 in
any dwelling or in the common parts of any dwelling containing two
or more 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 or lodging 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 68° 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.
In any case where a provision of this article
is found to be in conflict with any provision of any zoning, building,
fire, safety or health ordinance or code of the township,[1] the provision which establishes the higher standard for
the promotion and protection of the health and safety of the people
shall prevail.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
