The exterior of the premises and all structures
thereon shall be kept free of all nuisances and of any hazards to
the safety of occupants, pedestrians and other persons utilizing the
premises and free of insanitary conditions, and any of the foregoing
shall be promptly removed and abated by the owner or operator. It
shall be the duty of the owner or operator to keep the premises free
of hazards, which include but are not limited to the following:
A.
Refuse. The exterior of all premises shall be kept
free of brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris. The exterior of all premises
shall also be kept free of all abandoned, unroadworthy or unregistered
vehicles.
[Amended 4-26-2004 by Ord. No. 9-2004]
B.
Natural growth. The exterior of all premises shall
be kept free of all dead and dying trees and limbs or other natural
growth which by reason of rotting or deteriorating conditions or storm
damage constitute a hazard to persons in the vicinity thereof. Trees
shall be kept pruned and trimmed to prevent such conditions. All brush,
hedges and other plant life growing within 10 feet of any roadway
and within 20 feet of highways shall be cut to a height of not more
than 2 1/2 feet. In addition, the exterior of all premises shall
be maintained free from weeds in excess of 10 inches (254 mm) in height,
and all noxious weeds shall be prohibited therefrom. For purposes
of this section, "weeds" means grasses, annual plants and vegetation,
provided that this definition shall not include trees, shrubs or cultivated
flowers and gardens.
[Amended 4-26-2004 by Ord. No. 9-2004]
C.
Overhangings. The exterior of all premises shall be
kept free of 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. Natural growth
of any type of plant life which encroaches upon an adjoining property
can be cut or pruned by the owner of the adjoining property or by
such owner's agent or representative to the extent that such growth
encroaches upon the adjoining property.
[Amended 4-26-2004 by Ord. No. 9-2004]
D.
Ground surface hazards or insanitary conditions. The
exterior of all premises shall be kept free of holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow
and excretion of pets and other animals on paths, walks, driveways,
parking lots and parking areas and other parts of the premises which
are accessible to and used by persons on the premises. All such holes
and excavations shall be filled and repaired, walks and steps replaced
and other conditions removed where necessary to eliminate hazards
or insanitary conditions with reasonable dispatch upon their discovery.
Without notice, the Public Officer may require the immediate removal
of accumulated snow or ice from paths, walks, driveways, parking lots
and parking areas where such snow or ice remains uncleared more than
four hours of daylight after the termination of snowfall on commercial
properties and eight hours of daylight after the termination of the
snowfall or other precipitation on residential properties.
Removal and placement of snow or ice. The owner or occupant,
or any employee or contractor of such owner or occupant engaged to
remove snow or ice, shall not shovel, blow or plow or otherwise place
snow or ice in the street within the City or on another property owner's
property. If snow or ice is placed in the street within the City and/or
on another property owner's property, the party responsible for placement
of snow or ice shall remove the snow or ice, and said party may be
deemed in violation of this section.
[Amended 4-26-2004 by Ord. No. 9-2004; 2-23-2015 by Ord. No. 7-2015]
E.
Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained in accordance with Chapter 226, Sewers and Sewage Disposal, of this Code to eliminate any such recurrent or excessive accumulation of stormwater.
F.
Sources of infestation. The exterior of all premises
shall be kept free of sources of infestation.
G.
Foundation walls. Foundation walls shall be kept structurally
sound, free from defects and damage, and capable of bearing imposed
loads safely.
H.
Chimneys and all flue and 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 of the connected equipment
and shall be structurally safe, durable, smoketight and capable of
withstanding the action of flue gases.
I.
Exterior porches, landings, balconies, stairs and
fire escapes. Exterior porches, landings, balconies, stairs of three
risers or more, 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.
[Amended 4-26-2004 by Ord. No. 9-2004]
[Added 9-25-1972 by Ord. No. 37A-1972; amended 10-14-2014 by Ord. No. 24-2014]
Vacant lots or lots containing untenanted buildings
shall be kept free of brush, weeds, broken glass, tree stumps, roots,
obnoxious growths, filth, garbage, trash, refuse, debris and abandoned
vehicles. The owner or operator of said lot shall erect and maintain
around the perimeter of said lot a chain-link, picket or stockade
fence of a height no less than 42 inches nor more than 54 inches,
or a barricade with steel beams of a height of approximately 36 inches
extending approximately 48 inches below ground. The fence or barrier
shall not be equipped with or contain barbed wire, spikes or any similar
device. For all vacant properties, it shall also be the duty of the
owner or operator to close all windows, doors and any other openings
with plywood or by other suitable means so that access into the building
is prevented.
The exterior of the premises, the exterior of
dwelling structures and the condition of accessory structures shall
be maintained so that the appearance of the premises and all buildings
thereon shall reflect a level of maintenance in keeping with the residential
standards of the neighborhood or such higher standards as may be adopted
as part of a plan of urban renewal by the City and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners nor an element leading to the progressive
deterioration of the neighborhood with the accompanying diminution
of property values, including the following:
A.
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under Chapter 51, Land Use, for the premises.
B.
Landscaping. Premises shall be kept landscaped and
lawns, hedges and bushes shall be kept trimmed and from becoming overgrown
and unsightly where exposed to public view and where the same constitute
a blighting factor depreciating adjoining property and impairing the
good residential character of the neighborhood.
C.
Signs. All signs permitted by reason of other regulations
or as a lawful nonconforming use shall be maintained in good repair,
and printed matter, pictures or illustrations contained thereon shall
be completely maintained or, when no longer in use, completely removed.
D.
Reconstruction of walls and sidings. All reconstruction
of walls and sidings shall be of standard quality and appearance commensurate
with the residential character of the properties in the same block
and on both sides of the street on which the premises front, such
that the materials used will not be of a kind that by their appearance
under prevailing appraisal practices and standards will depreciate
the values of neighboring and adjoining premises.
E.
General maintenance. The exterior of every structure
or accessory structure, including fences, shall be maintained in good
repair and all surfaces thereof shall be kept painted or whitewashed
where necessary for purposes of preservation and appearance. The same
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the neighborhood protected from blighting influences.
F.
Front yard parking. No person shall park, stop or
stand any motor vehicle, or permit or suffer the same to be done,
in any front yard area of premises occupied by a dwelling or hotel,
except on driveways and parking areas constructed and installed in
compliance with this chapter and other applicable City ordinances
and not less than three feet from the interior front sidewalk line
adjacent to such premises.
The exterior of the premises and the condition
of accessory structures shall be maintained so that the appearance
of the premises and all buildings thereon shall reflect a level of
maintenance in keeping with the standards of the neighborhood or such
higher standards as may be adopted as part of a plan of urban renewal
by the City and such that the appearance of the premises and structures
shall not constitute a blighting factor for adjoining property owners
nor an element leading to the progressive deterioration and downgrading
of the neighborhood with the accompanying diminution of property values,
including the following:
A.
Landscaping. Premises shall be kept landscaped and
lawns, hedges and bushes shall be kept trimmed and free from becoming
overgrown and unsightly where exposed to public view and where the
same constitute a blighting factor depreciating adjoining property.
B.
Signs and billboards. All permanent signs and billboards
exposed to public view, permitted by reason of other regulations as
a lawful nonconforming use, shall be maintained in good repair. Any
signs which have excessively weathered or faded or those upon which
the paint has excessively peeled or cracked shall, with their supporting
members, be removed forthwith or put into a good state of repair.
All nonoperative or broken electrical signs shall be repaired or shall,
with their supporting members, be removed forthwith.
C.
Windows. All 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. No storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view unless such areas are first screened from the
public view by drapes, venetian blinds or other permanent rendering
of the windows opaque to the public view. All screening of interiors
shall be maintained in a clean and attractive manner and in a good
state of repair.
D.
Storefronts. All storefronts shall be kept in good
repair, painted, where required, and shall not constitute a safety
hazard or nuisance. In the event that repairs to a storefront become
necessary, such repairs shall be made with the same or similar materials
as used in the construction of the storefront and 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.
E.
Signs or advertisements. Except for "for rent" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or windows or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it is erected or within 60 days after erection, whichever shall occur sooner. Except during the course of repairs or alterations, the square footage of any single window or single window display area which shall be devoted to signs or other temporary advertising material attached to such window or windows or otherwise exposed to public view shall be as stated in § 51-170D(3) of Chapter 51, Land Use, of the Code.[1]
F.
Awnings and marquees. 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
that such awnings or marquees are not properly maintained in accordance
with the foregoing, they shall, together with their supporting members,
be removed forthwith. In the event that such awnings or marquees are
made of cloth, plastic or of similar materials, such 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 in this subsection shall
be construed to authorize any encroachment on streets, sidewalks or
other parts of the public domain.
Every dwelling and accessory structure and every
part thereof shall be kept structurally sound and in a state of good
repair to avoid safety, health or fire hazards, including:
A.
Exterior walls, sidings and roofs.
(1)
Exterior walls, sidings and roofs shall be kept structurally
sound, in good repair and free from defects.
(2)
The Public Officer may, upon determining that use
or access to the roof of any dwelling by the occupants thereof may
result in danger to life or limb by reason of the condition of the
roof, lack of railings, inadequate parapets, loose materials, condition
of chimneys or other circumstances which create hazards, direct the
owner or operator of the dwelling to lock or otherwise bar access
to the roof by occupants and others; provided, however, that the Public
Officer shall first obtain from the Fire Chief a determination that
such action will not block necessary fire escape routes for tenants
or access by the Fire Department in case of emergency to control fires
in the premises.
B.
Painting and other protective coating. All exposed
surfaces susceptible to decay shall be kept at all times painted or
otherwise provided with a protective coating sufficient to prevent
deterioration.
C.
Weathertightness and watertightness. Every dwelling
shall be so maintained as to weathertight and watertight.
D.
Exterior walls, roofs, etc. Exterior walls, roofs,
windows, window frames, doors, door frames, foundations 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
shall be repaired or replaced promptly; places showing signs of rot,
leakage, deterioration or corrosion shall be restored and protected
against weathering and seepage.
E.
Whenever the owner of any structure finds it necessary
to replace temporarily a window and to cover the space formerly occupied
by the same with plywood or other opaque material, and if the time
required for replacement of such window shall exceed seven days, then
it shall be the obligation of the owner to paint or have painted the
plywood or other opaque material with a durable paint of a color which
shall blend with or match the color of the walls surrounding such
window.
[Added 11-10-1980 by Ord. No. 27-1980]
F.
Whenever the owner of any structure eliminates permanently
the use of one or more windows of the structure, the owner shall not
cover the space formerly occupied by the window with plywood or other
opaque material, but instead shall fill said space by permanent construction
so that said space blends with the exterior walls adjacent thereto.
[Added 11-10-1980 by Ord. No. 27-1980]
G.
For the purposes of Subsection F of this section, elimination of the use of a window for a period exceeding 30 days shall be deemed to be permanent elimination, unless substantial evidence to the contrary shall be presented to and approved by the Construction Official of the City of East Orange. In the event that the Construction Official approves the application of the owner for extended temporary elimination of the windows, he shall be empowered to grant up to six thirty-day extensions of time within which the requirements of Subsection F hereof need not be met.
[Added 11-10-1980 by Ord. No. 27-1980]
A.
Painting, deterioration, etc. The exterior of every
structure or accessory structure, including fences, signs and storefronts,
shall be maintained in good repair, and all surfaces thereof shall
be kept painted or whitewashed where necessary for purposes of preservation
and appearance. All surfaces shall be maintained free of broken glass,
loose shingles, crumbling stone or brick, excessive peeling paint
or other condition reflective of deterioration or inadequate maintenance,
to the end that the property itself may be preserved, safety and fire
hazards eliminated and adjoining properties and the neighborhood protected
from blighting influences.
B.
All reconstruction of walls and sidings shall be of
standard quality and appearance commensurate with the character of
the properties in the same block and on both sides of the street on
which the premises front, such that the materials used will not be
of a kind that by their appearance under prevailing appraisal practices
and standards will depreciate the values of neighboring and adjoining
premises.
Basements, cellar and crawl spaces of all residences
are to be free of moisture resulting from seepage, and cross-ventilation
shall be required where necessary to prevent accumulations of moisture
and dampness.
All parts of the premises of residences shall
be maintained so as to prevent infestation.
[Amended 1-26-1976 by Ord. No. 4-1976]
A.
Properly fitting screens in good repair shall be supplied
by the owner for each exterior door and window of each dwelling unit
and shall be installed from May 1 to October 1 of each year.
B.
Screens must be removable and operable and shall have a mesh of not less than No. 16. They shall be of a noncollapsible type, constructed of rustproof material and be installed in such a manner as to discourage operation or removal by infants by containing therein lock devices to be approved by the City officer. With the exception of screen inserts which are an integrated component of combination storm windows, all screens must cover both upper and lower sash. Screens shall not be required in rooms deemed by the Public Officer, pursuant to regulations, to be located sufficiently high to be free of mosquitoes, flies and other undesirable insects or otherwise protected from serving as a means of access for infestation. In establishments subject to licensing and in all buildings where janitor services are required pursuant to § 159-86, screens shall be installed and maintained by the owner or operator on all doors and windows from May 1 to October 1 of each year.
All parts of any dwelling shall be kept in a
clean and sanitary condition, free of nuisance and free from health,
safety and fire hazards.
[Added 11-12-2019 by Ord.
No. 35-2019]
A.
An occupant of a dwelling unit within the City of East Orange shall
report the presence of mold within their unit to the landlord and
the City's Department of Property Maintenance or the Department of
Health. The communication shall be in writing and will be deemed delivered
if it is provided to the building's superintendent and/or forwarded
to the notification address provided in a lease agreement.
B.
A landlord who has been notified in writing by a tenant as to the
presence of mold in her dwelling unit shall investigate the condition
within 72 hours of receiving the written notification. If any visible
signs of mold on surfaces are present, the landlord shall remediate
the mold from those surfaces. Where a substantial mold hazard exists,
the landlord shall employ a third party experienced in mold assessment,
abatement or remediation to abate/remediate the mold. Where present,
the landlord shall repair any conditions, such as leaking pipes and
roof damage, which contribute to a wet/damp condition which may cause
or further the growth of mold. Remediation of the mold and conditions
giving rise to same must be completed no later than 14 days after
notice is provided.
[Added 11-12-2019 by Ord.
No. 35-2019]
A.
If the landlord fails to inspect an occupant's dwelling unit within
72 hours of notification and/or fails to remediate the presence of
mold within 14 days of being provided notice, the City of East Orange
shall inspect the dwelling unit for the presence of mold.
B.
The City shall investigate any referred case in which a substantial
mold hazard condition has been found to exist, or where there is a
reasonable belief that such a condition exists, and which poses a
risk of continuing exposure to mold hazard for any tenants living
in rental housing. Upon investigation, where a substantial mold hazard
is found, or there exists a reasonable belief that a substantial mold
hazard is present, the Department shall require the landlord to employ
the services of a qualified mold remediator to abate or remediate
the mold within 14 days of the date the matter was referred to the
City of East Orange. Where a qualified third party is required by
the Department to abate/remediate mold, a remediation work plan identifying
the qualified third party, including a scope of work as well as the
measures taken to abate/remediate the mold, shall be provided to the
Department. A post-remediation clearance report issued by a qualified
mold assessor confirming that the mold has been remediated shall be
submitted to the Department within 10 days of the completion of any
such work.
C.
Mold remediation by qualified third party must comply with Environmental
Protection Agency (EPA) recommendations for containment and personal
protective equipment for mold remediation.
[Added 11-12-2019 by Ord.
No. 35-2019]
A.
Where a substantial mold hazard condition has been found, the Department
of Property Maintenance and/or the Department of Health shall determine
whether the removal of the residents from such a dwelling unit is
warranted.
B.
If the Department of Property Maintenance and/or the Department of
Health determines that the removal and relocation of the residents
from housing where a substantial mold hazard condition has been found
to exist, or where there is a reasonable belief that such a condition
exists, and which poses a risk of continuing exposure to mold hazard,
then the owner or landlord shall relocate the residents to adequate
mold-safe housing until mold abatement or remediation is complete.
C.
Owners shall be responsible for bearing all costs associated with
the relocation of their tenants. While the City is under no obligation
to relocate tenants, to the extent the City is required to relocate
tenants, the costs incurred by the City in connection with the relocation
process shall be converted into a City-held lien on the property.
D.
All rights and remedies granted by this section for the collection
and enforcement of relocation costs shall be cumulative and concurrent.
[Added 11-12-2019 by Ord.
No. 35-2019]
A.
In any case where a change of occupancy of any building subject to
the requirements of the City of East Orange ordinance requiring the
issuance of a certificate of occupancy, certificate of continued occupancy,
certificate of habitability, certificate of inspection or other documentary
certification of compliance with laws and regulations relating to
safety, health and upkeep of the premises, no such certificate shall
be issued until the department responsible for its issuance has received
a certification from another department or its designee that the building
has been inspected for and found free of the substantial presence
of mold. Where necessary, the department may require the landlord
to pay for the cost of a mold assessment.
B.
In the case of change of occupancy of any building subject to the requirements of the City of East Orange ordinance to which the provisions of Subsection A (above) of this section do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the Department, or its designee, a certificate evidencing compliance with mold inspection.
[Added 11-12-2019 by Ord.
No. 35-2019]
A.
If an owner fails to investigate a complaint concerning the presence
of mold within the required seventy-two-hour period, the owner shall
be subject to fine in the amount of $1,000.
B.
If an owner fails to remove the presence of mold from a dwelling
unit during the required fourteen-day period, the landlord shall be
subject to a fine in the initial amount of $2,500, as well as an additional
fine of $1,000 for every week the condition remains uncured.
[Added 11-12-2019 by Ord.
No. 35-2019]
A.
The Department of Property Maintenance and/or the Department of Health
may adopt rules and regulations to oversee the practice of mold assessment,
remediation and abatement and to ensure the health, safety and welfare
of the public.
No accumulation or obstruction from garbage, refuse or rubbish shall be permitted on common stairways, areaways, balconies, porches, hallways, basements or cellars of residences; except that garbage stored in proper containers may be set out for removal pursuant to § 159-86.
Floors, interior walls and ceilings of every
structure shall be structurally sound and maintained in a clean and
sanitary condition.
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.
A.
Residential. Bathroom, water closet compartment 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 shower room floors shall be kept clean and sanitary.
B.
Nonresidential. Washroom and water closet compartment
floors shall be surfaced with water-resistant material and shall be
kept in a dry, clean and sanitary condition at all times.
Floors of basements and cellars of residences
shall be paved with stone or concrete not less than four inches thick
and shall be maintained at all times in a condition so as to be smooth,
clean, free from cracks, breaks and other hazards.
Supporting structural members are to be kept
structurally sound, free of deterioration and capable of bearing imposed
loads safely.
[Amended 11-10-1975 by Ord. No. 68-1975; 2-23-2015 by Ord. No.
7-2015; 2-26-2018 by Ord. No. 3-2018]
Walls, ceilings, bathtubs and all other interior
surfaces, including but not necessarily limited to window frames and
sills, doors, door frames and sills, moldings and baseboards, shall
be considered to be in good repair when clean, free from cracks, breaks,
loose plaster and similar conditions. All of the above areas shall
be provided with paint, paper, ceiling material or other protective
covering so that they shall be kept clean, free of visible foreign
matter, sanitary and well maintained at all times.
A.
If, and when necessary to accomplish the foregoing or any part thereof,
such interior surface shall be spackled, painted, papered or otherwise
provided with a protective coating appropriate for the surface material,
and this shall be done once every three years unless it is clearly
unnecessary. Painting or other provision of a protective coating shall
be the responsibility of the occupant and not the owner when required
more frequently than once every three years as a result of acts or
omissions of the occupant, family members or guests.
Interior stairs of every structure used for
human habitation 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 accidents and to be appropriate
for use by persons of normal height utilizing 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 in establishments subject to licensing or 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.
Each dwelling unit containing cooking facilities
shall be provided with a watertight noncombustible container with
a tight-fitting lid for the temporary storage of rubbish, garbage
and other refuse.
[Amended 11-16-1984 by Ord. No. 49-1984]
The owner of a residential dwelling shall supply, at the exterior of the premises, receptacles provided with covers constructed to prevent spillage or leakage of contents in a number sufficient to contain the refuse accumulated, pending collection. Where the owner of a residence chooses to employ the use of a refuse container (mechanical pickup) to contain the refuse accumulated pending collection, the location of such container on the exterior of the residence shall be in an area which shall not create a nuisance, shall not be placed closer than five feet to any property line or building and shall be screened from public view as required by the Director. The container shall be equipped with covers and maintained in a sanitary condition. The container shall be serviceable in a manner which would not require the vehicle to cross any curb on any street except where such curb has been lowered in compliance with applicable provisions of § 238-1 and other City ordinances.
[Amended 12-14-1970 by Ord. No. 64A-1970; 2-23-2015 by Ord. No.
7-2015]
A.
Notwithstanding anything contained herein, the provisions of Chapter 156, Solid Waste, shall be complied with where applicable and prevail over any provisions contained within this chapter.
B.
Residential, having janitor. The owner or operator shall have the duty and responsibility of removing garbage wherever a janitor is required for the premises in accordance with § 159-86.
C.
Nonresidential. The owner and operator shall have
the duty and responsibility of removing garbage from nonresidential
premises out to the curbline after 5:00 p.m. the night before collection
and, where applicable, returning empty containers to the refuse storage
area within two hours after collection.
D.
Residential, having no janitor. Where no janitor is required, the owner and operator of a building shall have the responsibility of setting containers out to the curbline after 6:00 p.m. the night before collection and to return the empty containers to the refuse storage area within two hours following collection at any residential source with four or more dwelling units and seven hours at any residential source with four or fewer dwelling units. For the purpose of this section, it shall be assumed that occupants have control of their dwelling units and of their required garbage receptacles and are therefore operators as defined in § 159-1.
Storage bins, rooms and areas of dwellings shall not be used for accumulated garbage or refuse; provided, however, that enclosed spaces or rooms in the interior of dwellings which are used exclusively as garbage collection points, equipped with garbage containers complying with § 159-80, from which room or space containers are removed by the janitor at least once daily, shall not be prohibited. 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.
Storage bins, rooms and areas of nonresidential
buildings 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.
In dwellings containing four or more dwelling units, storage areas or storage bins shall be of fireproof construction and contain fireproof walls and partitions of at least two hours' rating and, in addition thereto, shall have self-closing fireproof doors; provided, however, that storage in existing framework, wood frame bins or nonfireproof storage areas shall be permitted. The storage of combustible materials, containers for the same and means of storage shall be in compliance with regulations promulgated by the Public Officer with the approval of the Fire Chief, designed to minimize the existence of fire hazards in dwellings. Excessive accumulations of combustible materials are prohibited, and responsibility for removal thereof shall be with the owner and operator of the premises as well as the occupant to whom the materials may belong. Where sewerage areas or storage bins are available to more than one tenant, the area shall be numbered or otherwise identified and a list of the names of the tenants utilizing such area shall be kept at all times available for examination by the Public Officer in the office of the person in charge of the premises. The provisions governing § 159-86 shall be supplemented by regulations to be prepared jointly by the Public Officer and Fire Chief as well as appropriate enforcement procedures which will include notification to the superintendents and tenants of apartment buildings which may be affected thereby.
[Amended 10-14-1968 by Ord. No. 53-1968; 10-11-1983 by Ord. No. 42-1983]
A.
In every dwelling containing four or more dwellings or rooming units, or combination thereof, the owner shall provide and designate a superintendent who shall be licensed by and registered, by building, with the Department of Property Maintenance. The licensing and registration requirement shall become effective January 1, 1984. Each license and registration shall be renewed annually. The license fee shall be prescribed in Chapter 170 of this Code and shall be payable to the Director of the Department of Property Maintenance as supervising officer. The nonrefundable license fee shall be paid prior to the written examination required by Subsection B. Whenever a licensed superintendent is no longer associated with and/or responsible for a dwelling, the owner of the dwelling has 45 days to replace the licensed superintendent with another licensed superintendent as prescribed by this Code.
[Amended 2-26-2018 by Ord. No. 3-2018]
B.
In any premises containing 25 or more dwelling units,
rooming units or combination thereof, the superintendent shall be
a full-time employee and shall reside on the premises. Where more
than one building on adjoining premises or premises in close proximity
to each other are in common ownership or under common management or
maintenance supervision, the requirements contained in this subsection
shall apply separately to each building; provided, however, that if
premises are commonly owned or managed and are within 200 feet of
each other as measured from door to door along public streets between
the two, and if the manager or owner thereof can demonstrate to the
satisfaction of the Public Officer or his authorized representative
that operation of both premises and all essential services and facilities
as required under this chapter or other ordinances can be provided
for both of such premises by a single resident superintendent, janitor,
caretaker or housekeeper who shall reside in one of such premises,
the Public Officer may, in his discretion, allow one such person to
act for both of such premises, which shall not constitute more than
two in number.
C.
The owner or operator of premises required to have a licensed superintendent by Subsection A shall register the name, address and telephone number of the licensed superintendent and shall indicate the premises to which he is assigned as well as the duties which the superintendent is normally required to perform. This information shall be posted at all times in a conspicuous place in a common area on the premises and shall have been made available to all tenants. The name, address and telephone number of an alternative individual who shall be responsible for the superintendent's duties in his absence is also subject to the above requirements. No fee is required for registration.
D.
The Director of Property Maintenance and Code Enforcement,
as Public Officer, shall establish reasonable rules and regulations
to effectuate the purpose of this chapter. The Public Officer shall
provide for a written examination reasonably related to the functions
of a superintendent for each applicant for a license who has not held
a superintendent license issued by the City of East Orange within
the past two calendar years. The purpose of the written examination
shall be to determine the qualifications, competence and sense of
responsibility of the applicant. Any applicant failing to pass the
written examination may request an additional examination. which shall
be given within 15 days of the request. No fee shall be required for
any subsequent examinations within one calendar year of the initial
application. All applicants for a superintendent license must be able
to read, write and speak English.
E.
The superintendent shall have sufficient knowledge,
competence and responsibility and shall have authority from the owner
or operator to attend to or arrange for continual operation of all
essential services and facilities required under this chapter. The
superintendent shall, at all times, maintain the premises in compliance
with this chapter and shall be regularly available on the premises
to perform his duties. The superintendent shall provide adequate and
proper janitorial service at all times for the purpose of keeping
the premises in a clean and sanitary condition and shall have removed
daily, on a regular schedule, at a reasonable time, all garbage, litter,
debris and other household refuse from the premises and place the
same out for collection.
F.
Where repeated violations arising under this chapter
are found on a particular premises, and by reason of the same the
Public Officer finds reason to doubt the qualifications, competence
or sense of responsibility of the superintendent, the Public Officer
shall provide notice of the same to the owner, operator and superintendent
and hold a hearing to determine if the license of the superintendent
shall be suspended or revoked, and the Public Officer shall order
the owner or operator to provide a licensed replacement.
G.
Any individual duly licensed and registered as a superintendent
or who holds himself out as such or engages in activities which reasonably
would lead one to believe he is the superintendent is chargeable for
failure to maintain the standards set out in this section and subject
to the general penalties prescribed by this Code.[1] The failure of any superintendent to comply with the provisions
of this chapter, even in disobedience of instructions, shall not relieve
the owner or operator from the duties and responsibilities imposed
by this chapter, and the owner or operator is subject to the general
penalties prescribed by this Code.
[Amended 9-10-1973 by Ord. No. 50-1973; 7-14-1980 by Ord. No. 19-1980]
A.
No owner, operator or occupant of a residence shall
cause any service, facility, equipment or utility which is required
to be supplied by the provisions of this chapter or by any provisions
of the Code of the City of East Orange, or which is required under
the terms of an executed lease or rental agreement, to be removed
from or discontinued for an occupied dwelling unit or rooming unit,
except for necessary repairs, alterations or emergency or for such
other reason as may be permitted pursuant to those sections of this
chapter or other ordinances of the City applicable to such service,
facility, equipment or utility. This section shall specifically include
the causing of the shutting off of City water service or electrical
service caused by the nonpayment of legitimately due and owing water
or electric bills.
[Amended 4-26-2004 by Ord. No. 10-2004]
B.
As used in this section, the term "owner" shall include
any corporation, corporate officer or agent thereof while acting within
the scope of his employment or otherwise on behalf of the corporation
in accordance with the provisions of N.J.S.A. 2C:2-7.
