Lindenwold Borough Community Pages

Borough Announcements

Council Mtg. Min.-Dec. 28, 2011 Pt 2

April 04, 2012 by Clerk

Minutes for the Council Meeting on December 28, 2011, Part 2

Second Reading Ordinance #1298
ORDINANCE AMENDING CHAPTER 167
PROPERTY MAINTENANCE CODE OF THE BOROUGH OF LINDENWOLD
WHEREAS, N.J.S.A. 40:48-2.3 through N.J.S.A 40:48-2.12b authorizes a municipality to enact and enforce ordinances for the use and occupancy of buildings and to take action to address the existence of buildings or parts thereof which are unfit for human habitation, occupancy or use; and
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to adopt and enforce such other ordinances as it may deem necessary for the protection of persons and property and for the preservation of public health, safety and welfare of its residents; and
WHEREAS, the Mayor and Council of the Borough of Lindenwold have become concerned that portions of the Borough of Lindenwold have become plagued with improper property maintenance, overcrowded conditions and general neighborhood neglect and that the Borough’s current Property Maintenance Code does not adequately protect the public; and
WHEREAS, it is common knowledge that such conditions can be reduced, prevented or in some cases, eliminated through planned and properly enforced standards requiring upgraded living conditions and overall enhancement of the general health, safety and welfare of the residents and property owners in the community; and
WHEREAS, the Mayor and Council of the Borough of Lindenwold have determined that implementing higher property maintenance standards than currently codified and by strengthening enforcement of such standards through amendment of the Borough’s Property Maintenance Code is in the best interest of and will promote, protect and improve the health, safety and welfare of the citizens of the Borough of Lindenwold.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Lindenwold, County of Camden, State of New Jersey, that Chapter 167 of the Code of the Borough of Lindenwold is here deleted in its entirety and replaced with the following:
CHAPTER 167
PROPERTY MAINTENANCE
ARTICLE I – GENERAL

§ 167-1. Findings and declaration of policy.

It is hereby found and declared that there exist in the Borough of Lindenwold structures used for residential and nonresidential use which are, or may become substandard with respect to structure, equipment or maintenance, and, further, that such conditions, including but not limited to structural deterioration, lack of maintenance and appearance of the exterior of the premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Borough of Lindenwold. It is further found and declared that by reason of lack of maintenance and 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 residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.

§167-2. Purpose.

The purpose of this chapter is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, conditions 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 Chapter; and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy or use. It is intended that any inspections and/or reports compiled in accordance herewith may be used to aid any proceeding before any agency or court.

§167-3. Definitions.

The following terms, wherever used herein or referred to in this chapter, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context. All definitions of the BOCA Basic Building Code, as may be amended and supplemented, are hereby incorporated as if fully set forth herein.

BUILDING - any building or structure having a roof or partial roof supported by columns or walls used or intended to be used for human habitation, use or occupancy, regardless of the materials of which it is constructed, and includes accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.

DETERIORATION -- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, corrosion, or other evidence of physical decay or neglect, lack of maintenance or excessive use.

DWELLING UNIT — Any room or rooms or suite or apartment, including any room or rooms in a rooming/boarding house, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with use or occupancy thereof. Each dwelling unit shall contain no more than one kitchen or cooking facility.

EXPOSED TO PUBLIC VIEW -- Any premises or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public or any member thereof.

EXTERIOR OF THE PREMISES -- Open space on the premises outside any building thereon.

EXTERMINATION -- The control and elimination of insects, rodents and vermin.

GARBAGE -- Putrescible animal and vegetable or other organic waste resulting from the handling, preparation, cooking and consumption of food.

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, utility rooms and other rooms or spaces that are not used frequently or for an extended period of time or that have less than 50 square feet of superficial floor area, which shall not be considered as "habitable rooms." A habitable room, other than a kitchen, shall not be less than 7 feet in any plan dimension.

INFESTATION -- The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.

MIXED OCCUPANCY -- Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses or as a hotel.

NUISANCE:

A. Any nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Borough of Lindenwold.

B. Any attractive nuisance which may prove detrimental to the health or safety of children, 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 and excavations; abandoned iceboxes, refrigerators and motor vehicles; any structurally unsound fences or structures; and lumber, trash, fences, debris or vegetation, such as poison ivy, oak or sumac, which may prove hazardous for inquisitive minors.

C. Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.

D. Overcrowding of a room with occupants in violation of this chapter or any other Borough Ordinance or laws of the State of New Jersey.

E. Insufficient ventilation or illumination in violation of this chapter or any other Borough Ordinance or laws of the State of New Jersey.

F. Inadequate or insanitary sewage or plumbing facilities in violation of this chapter or any other Borough Ordinance or laws of the State of New Jersey.

G. Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this chapter or any other Borough Ordinance or laws of the State of New Jersey.

H. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

I. Fire hazards.

OPERATOR -- Any person who has charge, care or control of a dwelling or premises or a part thereof, whether with or without the knowledge and consent of the owner.

OWNER -- Any individual, partnership or corporation and any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling unit, as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

PARTIES IN INTEREST -- All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.

PREMISES -- A lot, plot or parcel of land, including the buildings or structures thereon.

PUBLIC AUTHORITY -- Any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations or to other activities concerning buildings in the municipality.

LOCAL HOUSING INSPECTOR -- See §167-16.

REFUSE -- All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes. (See also "garbage" and "rubbish.")

RUBBISH -- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (See also "garbage" and "refuse.")

UNSAFE BUILDING – An unsafe building is a building or dwelling unit that is found to be dangerous to the life, health, property or safety of the public or the occupants of the building or dwelling unit by not providing minimum safeguards to protect or warn occupants in the event of fire or because such building or dwelling unit contains unsafe equipment or is so deteriorated, damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is likely.

UTILITIES -- Electric, gas, heating, water and sewerage services, and equipment therefore.

§167-4. Applicability; compliance required.

Every dwelling unit or residential, nonresidential or mixed occupancy building, and the premises on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this chapter, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of this chapter. This chapter shall also apply to mobile home parks. No person shall occupy or rent to another for occupancy, any dwelling unit for the purposes of living therein which does not conform to the provisions of this chapter.

§167-5. Conflict with other laws.

The provisions of this chapter are to establish minimum standards for the continued occupancy and the use of residential, nonresidential or mixed occupancy buildings and dwelling units. In any case where the provisions of this chapter impose a higher standard than set forth in any other local ordinances or under the laws of the State of New Jersey, then the standards set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other local ordinances or the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or law shall prevail.

§167-6. Enforcement of and compliance with other ordinances.

No license or permit or other certification of compliance with this chapter shall constitute a defense against any violation of any local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision nor any Official of the Borough of Lindenwold from enforcing any such other provision.

§167-7. Effect of Chapter upon other powers of municipality, officers and departments.

Nothing in this chapter shall be construed to abrogate or impair the power of the municipality or any officer or department thereof to enforce any provisions of its ordinances or regulations, to prevent violations, or punish violators thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the municipality by any other law or ordinance.

ARTICLE II – MINIMUM STANDARDS FOR EXTERIORS

§167-8. Owner or operator to keep premises free of hazards, nuisances and unsanitary conditions.

The exterior of the premises and all buildings thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner and 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: brush, weeds, broken glass, stumps, roots, wood, obnoxious growths, filth, ashes, junk, garbage, litter, trash, refuse, rubbish and debris.

B. Natural growth: 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.

C. 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.

D. Ground surface hazards or unsanitary conditions: holes, excavations, breaks, projections, obstructions, broken or missing pavement, icy conditions, uncleared snow and excretion of pets and other animals on paths, walks, driveways, parking lots, 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 unsanitary conditions with reasonable dispatch upon their discovery. This shall not exempt the owner of any property from removing snow or ice as may be required by any other law or ordinance.

E. Drainage. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater or other water runoff. All natural drainage where the natural contour of the premises has been altered, and all drainage from the roofs, gutters, leaders, and side walls of the building on the premises shall be so directed and conveyed as to prevent accumulation of such water thereon or on the property adjacent thereto, and all such drains and runoffs shall be kept clear and operable.

F. 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 be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.

I. 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 defect.

§167-9. Maintenance of exterior of premises and buildings.

The exterior of the premises, the exterior of buildings and the condition of accessory structures shall be maintained so that the appearance of the premises and buildings shall not constitute a blighting factor for adjoining property owners, including the following:

A. Storage of commercial and industrial material. Equipment and materials relating to commercial or industrial uses shall not be stored or used at a location visible from the sidewalk, street or other public areas unless permitted under the Zoning Ordinance for the premises. Storage of such materials not otherwise prohibited by law or municipal ordinance, shall be done in an orderly manner so not as to constitute a health, safety or fire hazard.

B. Landscaping. Premises with landscaping and lawns, hedges, shrubs and bushes, or other plant life, 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. For commercial and industrial premises, as well as common areas of multi-family premises, trees, shrubs, bushes or hedges or other plantings that have fallen or died shall be replaced.

C. Reconstructed walls and sidings. Reconstructed walls and sidings of nonresidential structures 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 practice and standards will depreciate the values of the neighboring and adjoining premises as aforesaid.

D. General maintenance. The exterior of every structure or accessory structure, including fences, shall be maintained in good repair. 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 safely and fire hazards eliminated and adjoining properties protected from blighting influences. A monthly exterminating service shall be maintained in all multiple-family dwellings.

E. Parking of vehicles on residential lawns is prohibited. Except as provided for herein or in other regulations, no currently unregistered motor vehicle shall be parked, kept or stored on any premises and no vehicle shall at any time be in a state of disassembly, disrepair or in the process of being stripped or dismantled, except where such work is performed inside a garage, structure or similarly enclosed area.

F. Open or overflowing commercial, industrial or residential waste disposal bins are hereby prohibited.

§167-10. Structural and general maintenance.

A. The outside building walls and foundation of any building shall not have any holes, loose boards or broken, cracked or damaged finish that admits rain, cold air, dampness, rodents, insects or vermin. All exterior surfaces not resistant to deterioration shall be kept painted or otherwise provided with a protective coating sufficient to prevent structural deterioration and shall be repainted or replaced when deteriorated.

B. Every dwelling unit shall be so maintained as to be weather- and watertight.

C. Basements, cellars and crawl spaces shall be free of moisture resulting from seepage, and cross-ventilation shall be required where necessary to prevent accumulations of moisture and dampness. Areas that are paved with stone or concrete shall be maintained at all times in a condition so as to be smooth, clean and free from cracks, breaks and other hazards.

D. All parts of the premises shall be maintained so as to prevent infestation.

E. All parts of the dwelling shall be kept in a clean and sanitary condition, free of nuisance and free from health, safety and fire hazards.

F. Every roof, roof gutter, flashing, rainwater conductor and roof cornice shall be weather- and rain-tight and shall be kept in good repair. Without restricting the generality of this section, maintenance includes repairing of the roof and flashing, applying waterproof coatings, installing and repairing eave troughs and rainwater piping and using other suitable means. Dangerous accumulations of snow or ice or both shall be promptly removed from the roof.

G. Every window, exterior floor and basement hatchway shall be weather-tight, watertight and infestation-proof, and shall be kept in good repair and working condition.

H. Every outside stair, porch, balcony, landing and appurtenance thereto shall be so constructed and maintained 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. All stairs, porches, balconies and landings shall be provided with banisters, railings or other protection, properly designed and maintained to minimize the hazard of falling.

ARTICLE III – MINIMUM STANDARDS FOR INTERIORS

§167-11. Standards and regulations for multiple dwellings.

A. Janitorial service.

(1) In every multiple dwelling containing four or more dwelling units or apartments or rooming units or combination thereof, the owner shall provide a superintendent, janitor or housekeeper who shall at all times maintain the premises in compliance with this chapter, including the responsibility for providing the receptacles for the disposal of garbage and refuse. The person provided shall be regularly available on the premises to perform the foregoing duties, and, in the case of complexes of 50 or more units, the person shall reside on the premises. In the case of complexes with 500 or more units, at least two such persons shall be provided, one of whom shall reside on the premises.

(2) The owner or operator shall make known to all tenants or occupants the name, address and telephone number of the person provided to act as superintendent, janitor or housekeeper and shall register the same with the Local Housing Inspector , Borough Clerk or designee. The owner or operator shall also make available and known to all tenants or occupants the name of an alternate individual who shall be responsible for the duties of the superintendent, janitor or housekeeper during his or her absence.

(3) The failure of any superintendent, janitor or housekeeper to comply with the provisions of this chapter shall not relieve the owner or operator from the duties and responsibilities imposed by this chapter.

(4) Any and all maintenance employees hired by the owner or operator, including the superintendent, janitor or housekeeper or their agents shall be provided with picture identification which they shall keep with them at all times and produce upon request. The responsibility for compliance with this requirement shall be that of the owner or operator.

(5) The owner or operator shall register the name, address and telephone number of said owner or operator with the Local Housing Inspector, Borough Clerk or designee.

B. Removal and storage of garbage and refuse. The owner or operator of every multiple dwelling containing four or more dwelling units, apartments or rooming units or any combination thereof shall have the duty and responsibility to keep the premises free from filth, refuse, rubbish, and garbage and of removing garbage and refuse after its daily collection from tenants or occupants. The owner or operator shall have the duty and responsibility of providing storage areas or storage bins of fireproof construction containing fireproof walls or partitions of at least two hours' rating for the storage of accumulated garbage or refuse while awaiting collection for removal from the premises. All common areas, stairways, halls attics, cellars and basements or other parts of the building not under the exclusive control of the occupants shall be kept free from filth, ashes, rubbish, refuse, junk, slop, wood, paper or other materials.

C. Central heat and air conditioning.

(1) Premises whose lease or express or implied covenants cognizable at common law or equity, or as provided by law, shall include air conditioning shall provide such from May 2 until September 14 annually at a temperature not exceeding 74° F. or a temperature not less than 15° lower than actual outside temperatures.

(2) Central heat shall be required in all residential dwelling units from September 15 to May 1 annually at a temperature of not less than 68° F.

D. Elevators. All residential dwellings of four or more stories containing elevators shall have twenty-four-hour maintenance contracts to prevent elevators being out of service for excessive lengths of time.

§167-12. Provision of Basic Utilities

A. Every dwelling unit shall meet the following minimum standards for the provision of utility service to the dwelling unit:

(1) Water Supply: Every dwelling unit shall be provided with a safe supply of potable water meeting the standards set forth in the New Jersey Safe Drinking Water Act regulations, N.J.A.C. 7:10-1 et seq., as the same may be amended and supplemented. The New Jersey Department of Environmental Protection and/or the local health agency shall approve the source of the water supply. The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall not be less than one gallon per minute. The supply of water shall be provided to all plumbing fixtures freely and continuously, pursuant to the New Jersey Uniform Construction Code.

(2) Electrical Service: Every dwelling unit shall be provided with electrical service, circuiting, and receptacles that are adequate for the electrical load being served. If the electrical load in a building is excessive or the electrical service inadequate to supply all appliances contained in the dwelling unit, the service shall be upgraded in accordance with the New Jersey Uniform Construction Code.

(3) Central Heating: Every dwelling unit shall have central heating systems 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 to a temperature of at least seventy degrees Fahrenheit (70°F), at a distance of three (3) feet above floor level, while the external temperature is ten degrees Fahrenheit (10°F). All central heating systems shall be of a type approved by the Fire Subcode Official. Non-vented portable space heaters and stoves that burn solid, liquid or gaseous fuels are prohibited.

(4) Hot water: All dwelling units shall be provided with water heating facilities which are properly installed, maintained in safe and good working condition and are properly connected with running hot and cold water lines as required under this chapter and other applicable codes. Such water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty degrees Fahrenheit (120°F). All sinks, basins, showers and baths shall have a continuous supply of hot and cold running water.

(5) Wastewater and Sewer: All dwelling units shall be provided with a wastewater system. Every flush water closet, toilet, sink, lavatory basin, bathtub or shower shall be properly connected to an approved sewer system or septic tank. The drainage system shall be designed, constructed and maintained to safeguard against fouling, deposit of solids, clogging and with adequate cleanouts so arranged that the pipes may be readily cleaned.

B. No owner or operator shall cause any service, equipment or utility which is required to be supplied herein to be removed from, shut off from or discontinued for any occupied dwelling unit, except for such temporary interruption as may be necessary while actual repairs, replacements or alterations are in process of being made or during temporary emergencies when discontinuation of service is required by the utility company. In the event that any service or utility is discontinued or shut-off, the owner shall take immediate steps to cause the restoration of such service or utility. Where utility or service is shut off or discontinued as a result of non-payment by the utility customer and the utility customer is not the owner or operator, the utility customer shall take immediate steps to cause the restoration of such service or utility. For purposes of this subsection “utility customer” shall mean the person or entity identified in the account records of the utility as responsible for payment of the utility bill.

C. All equipment used in the supply of utility service to a dwelling unit shall be maintained as follows:

(1) Every plumbing fixture, and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions.

(2) All electrical outlets shall be maintained in good working order and in a safe condition, and shall be connected to the source of electric power. No temporary wiring shall be used, except extension cords may be used for temporary applications only. Extension cords shall not be used as a substitute for fixed or permanent wiring. “Temporary” generally means it is associated with a one-time job or with a transient condition.

(3) Hot water storage tanks and hot water pipes shall be maintained free from leaks or other defects.

(4) All chimneys, smokestacks, smokepipes and flues, other pipes, the heating equipment, furnaces and boilers in the dwelling unit shall be maintained free of defects and in good operating condition at all times and shall be so maintained and so operated that no coal, gas, soot, smoke or noxious fumes or odors shall enter the dwelling unit or any dwelling unit adjacent thereto.

(5) Waste and sewer lines, septic holding tanks and other sewer or septic system fixtures shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration, backflow or back- siphonage.

§167-13. Basic facility requirements.

A. Every dwelling unit shall contain within its main walls the following:

(1) Lavatory Facilities. A room, separated from the habitable rooms, which affords privacy and which is equipped with a flush water closet or toilet in good order and properly connected to a water and wastewater system. Every sleeping room shall have access to at least one water closet or toilet and one lavatory basin without passing through another bedroom and which shall be located no farther than one floor above or below each sleeping room.

(2) Basin. A lavatory basin located in the same room as the required flush water closet or toilet in good order and properly connected to a water and wastewater system.

(3) Bathtub or Shower. A room, from the habitable rooms, which affords privacy to a person in the room and which is equipped with a bathtub or shower in good order and properly connected to a water and wastewater system, which may be contained in the same room as the one containing the lavatory and basin facilities.

(4) Kitchen Sink. A kitchen sink of nonabsorbent impervious material in good order and properly connected to a water and wastewater system.

(5) Cooking Facilities. At least one supplied kitchen gas or electric stove providing at least two top burners and an oven, not necessarily in the same unit, in good order and repair and properly connected to the appropriate utility system, as well as a suitable space to store, prepare and serve foods in a sanitary manner. All cooking facilities shall contain ventilation sufficient to remove odors to the exterior of the premises. Cooking facilities serving more than one dwelling unit shall not be permitted; except that nothing herein shall be construed to prohibit the operation of hotels, boardinghouses, nursing homes and similar establishment subject to licensing.

B. Sleeping Rooms and Bedrooms.

(1) Every room occupied for sleeping purposes by one occupant shall contain at least 75 square feet of floor area for the first person, and 50 square feet for each additional person. Closet area and hall area, where provided within the dwelling unit may count up to 10% of the required floor area. No part of a room shall be included in calculations for purposes of determining floor area that has a floor-to-ceiling height of less than 5 feet.

(2) Kitchens, lavatory facilities, cellars, non-habitable spaces and interior public areas shall not be occupied for sleeping purposes.

(3) Sleeping rooms shall not constitute the only means of access to other sleeping rooms.

C. Ingress and Egress.

(1) Every dwelling unit shall have safe and unobstructed means of ingress and egress. Such means of ingress and 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.

(2) A room used for sleeping purposes shall be provided with a safe and unobstructed means of egress leading directly to an outside area accessible to a street.

§167-14. Maintenance of interiors of premises and buildings.

The interior of the premises, the interior of buildings and the condition of accessory structures shall be maintained to preserve the health, safety and welfare of the occupants. Such maintenance shall including the following:

A. General. Every floor, wall, ceiling, door, window or other part of the interior of a building shall be kept in good repair and capable of the use intended by its design.

B. Deterioration. All interior parts subject to corrosion or deterioration, when corroded or deteriorated, shall be repaired, painted or replaced. Sidewalls, window frames, doors and other woodwork, ceilings of every habitable room, bathrooms, pantries, laundries, foyers, halls corridors, and closets within a dwelling unit shall be kept painted, plastered, papered or otherwise maintained so that it shall have a clean and washable surface. The use of any paint or pigmented liquid substance applied to surfaces by brush, roller or spray in which the total non-volatile ingredients contain more than one percent (1%) lead, by weight, on the interior surface of any dwelling unit or any other surface or area to which a child residing in a dwelling unit may have access, is prohibited.

C. Infestation. The owner of a dwelling unit shall maintain the dwelling unit and premises as to prevent infestation by rodents, insects or other vermin and shall carry out such rodent stoppage, vermin proofing, or other means of preventing infestations of such dwelling unit as may be required by the Local Housing Inspector. Whenever a dwelling unit shall become infested with rodents, insects or other vermin, the owner shall promptly exterminate the dwelling unit. Where the dwelling unit is occupied by someone other than the owner, the occupant shall promptly notify the owner of the infestation.

D. Cleanliness. No owner shall occupy or let to an occupant any vacant dwelling unit unless it is clean and sanitary. The occupants of every dwelling unit shall keep the dwelling unit in a clean and sanitary condition.

E. Debris. The storage of objects or materials shall be done in an orderly manner so as to not constitute a health, safety or fire hazard. Storage of materials or objects shall not impair or impede the use of habitable rooms for their intended purpose or block or obstruct any means of egress from habitable rooms and/or sleeping rooms.

F. Common Areas. Every owner of a building containing two or more dwelling units shall be responsible for maintaining the common areas of the building in a clean and sanitary condition.

G. Dampness. The ceilings, walls and floors of the interior of the dwelling unit shall be kept dry and free from dampness. Every cellar and basement shall be ventilated where necessary to prevent dampness.

H. Garbage, Rubbish and Refuse. Every dwelling unit shall have at least one container of metal or other material approved by the Local Housing Inspector, for the temporary storage and disposal of rubbish. In addition, every dwelling unit shall have a watertight container, provided with a tight-fitting cover, of metal or other material approved by the Local Housing Inspector, for the temporary storage of garbage or other organic waste. Every occupant of a dwelling unit shall dispose of all of his/her rubbish and refuse in a clean and sanitary manner by placing it in a rubbish storage container as required herein. All garbage and any other organic waste, which might provide food for rodents, insects or vermin, shall be disposed of in a clean and sanitary manner by placing it in a garbage disposal unit or in garbage storing containers as required herein. For purposes of this subsection a garbage disposal unit is an electrical device, installed beneath a kitchen sink, which grinds up food so that it can go into the waste pipe. Recyclable materials shall be stored separately from non-recyclable materials.

§167-15. Compliance with fire code required.

Every building covered by this chapter shall comply with the minimum requirements for fire safety established by the BOCA Basic/National Fire Code, 1984 Edition.

ARTICLE IV - ENFORCEMENT

§167-16. Designation of Local Housing Inspector; general powers and duties.

The Code Enforcement Officer is hereby designated to serve as the Local Housing Inspector hereunder, and all inspections, regulations, enforcement and hearings on violations of the provisions of this chapter, unless expressly stated to the contrary, shall be under the direction and supervision of Borough Council. The Local Housing Inspector may appoint or designate such other local Housing Inspectors or employees to perform duties as may be necessary to the enforcement of this chapter, including the making of inspections and holding of hearings.

§167-17. Additional powers of Local Housing Inspector.

The Local Housing Inspector shall exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:

A. To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use.

B. To administer oaths and affirmations and to examine witness 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, and provided that any entrance without the permission of the occupant shall be consistent with the laws and Constitution of the State of New Jersey and of the United States.

D. To appoint and fix duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.

E. To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.

F. To collect on behalf of the municipality any appropriate fees properly authorized.

§167-18. Adoption of rules and regulations.

The Local Housing Inspector may, subject to approval by the governing body, by ordinances amending this chapter, adopt written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in anywise alter, amend or supersede any of the provisions thereof. The Local Housing Inspector shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Borough Clerk of the Borough of Lindenwold. Such rules and regulations shall be ineffective until adoption by the governing body of the Borough of Lindenwold by Ordinance.

§167-19. Inspection.

A. The Local Housing Inspector is hereby authorized and directed to make inspections to determine the condition of dwelling units, commercial buildings, industrial buildings and any other building or premises located within the Borough of Lindenwold in order to perform the duty of safeguarding the health and safety of the occupants of the buildings or dwelling units and the general public. For the purposes of making such inspections, the Local Housing Inspector is hereby authorized to enter, examine and survey at all reasonable times all dwelling units, commercial buildings, industrial buildings or any other building or premises. The owner or occupant of a dwelling unit, commercial building, industrial building or any other building or premises shall give the Local Housing Inspector free access to such building or premises at all reasonable times for the purposes of making such inspection, examination and survey.

B. Every occupant of a dwelling unit, commercial building, industrial building or other building shall give the owner thereof, or his or her agent or employee, access to any part of such dwelling unit, commercial building, industrial building, or other building 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.

C. The Local Housing Inspector shall inspect a dwelling unit or a rental unit whenever there shall occur a change in occupancy in a rental unit by change in tenant or by the execution of a new lease with a new tenant or a change in occupancy in any other dwelling units by sale or lease, and a new occupancy certificate shall be required.

D. The Local Housing Inspector shall inspect a commercial building or an industrial building whenever any change in industrial, institutional or commercial use occurs and a new occupancy certificate shall be required.

E. Whenever a complaint is filed in writing with the Local Housing Inspector by a public authority or by at least five (5) residents of the municipality charging noncompliance with this chapter, or whenever it appears to the Local Housing Inspector on his own motion or upon notice from the Police Department that there is noncompliance with this Chapter, the Local Housing Inspector shall inspect the dwelling unit or building charged with non-compliance after written notification to the owner or occupant.

F. Whenever a change set forth in subsection C or D above shall occur, the owner of said dwelling or premises shall notify the Local Housing Inspector at least seven days prior to such change in occupancy or use and make the dwelling unit, commercial building or industrial building, and its premises, available to the Local Housing Inspector for inspection to determine compliance with this Chapter. In the event of a cancellation or change, the property owner shall give at least 48 hours notice to the Local Housing Inspector. The Local Housing Inspector will endeavor to have the inspection done in seven days. Occupancy of any building that has not been inspected in accordance with this Section shall be a violation of this chapter.

G. Following each inspection, the Local Housing Inspector shall provide a rating of habitability for each dwelling unit, commercial building and industrial building as follows:

(1) Unsatisfactory. This rating shall apply where the dwelling unit or building is considered unfit for human habitation and shall cause the dwelling unit, commercial building or industrial building to be vacated immediately. If the Local Housing Inspector issues this rating, then no occupancy certificate shall be issued and any occupancy shall be a violation of this chapter.

(2) Conditional. This rating shall apply where the dwelling unit or building is in violation of this chapter, but the violations do not cause the building to be unfit for human habitation. Such a rating shall permit occupancy, provided that the violations as cited are corrected within a thirty (30) day time period. If violations continue to exist after the expiration of thirty (30) days from notice of a conditional rating, court action would be instituted and a fine or penalty as prescribed in this Chapter shall be issued on a daily basis.

(3) Satisfactory. This rating shall permit occupancy for a period of one year or until the next scheduled inspection for habitability or until receipt of a complaint. If the Local Housing Inspector issues this rating, a new occupancy certificate shall be issued, provided that all applicable fees have been paid.

§167-20. Inspection fees.

All inspections required by §167-19 hereof relating to initial inspections shall be charged to the owner of the dwelling or premises at the rate of $35 per inspection. This fee shall also apply to all re-inspections which may be required, and a separate additional $35 shall be charged to the owner for each re-inspection. In apartment complexes, the costs of re-inspections shall not be passed on to the tenants. The provision of this chapter requiring owners to pay for this inspection and that owners not pass this charge along to tenants will henceforth be fully enforced.

§167-21. Service of complaints, notices and orders.

Complaints, notices or orders issued by a Local Housing Inspector pursuant to this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons are unknown, and the same cannot be ascertained by the Local Housing Inspector in the exercise of reasonable diligence, and the Local Housing Inspector shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.

§167-22. Conditions constituting and unfit buildings.

A. The Local Housing Inspector may determine that a building or dwelling unit qualifies for an unsatisfactory rating or is unfit for human habitation or occupancy or use if he finds:

(1) the building or dwelling unit is an unsafe structure;

(2) the building or dwelling unit lacks a potable water supply;

(3) the building or dwelling unit lacks illumination, ventilation or sanitary facilities adequate to protect the health and safety of the occupants or the public;

(4) the building or dwelling unit lacks adequate plumbing, heating facilities, safe electrical service or any other utility or basic facility required pursuant to §167-12 or §167-13;

(5) a dwelling unit has an infestation of rodents, insects, vermin or other pests;

(6) the building or dwelling unit has failed to comply with any law or ordinance requiring installation or maintenance of smoke detectors;

(7) the building or dwelling unit has walls or other vertical structural members that list, lien or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base;

(8) the building or dwelling unit shows, exclusive of the foundation, thirty-three percent (33%) or more of damage or deterioration of the supporting members or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering;

(9) the building or dwelling unit has improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used;

(10) the building or dwelling unit has been damaged by fire, wind or other causes so as to become dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of such municipality;

(11) the building or dwelling unit had inadequate egress in case of fire or panic or is one having insufficient stairways, elevators, fire escapes or other means of egress;

(12) conditions exist in such building or dwelling unit which are unlawful, dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of such municipality, because of the degree to which the building or dwelling unit is in disrepair or lacks maintenance, is unsanitary, contains filth or contamination, increases the risk of fire, accident or other calamity, or otherwise constitutes a hazard or is likely to cause sickness or disease.

B. No person shall occupy, rent to or permit another to occupy any dwelling unit for the purposes of living therein which has been declared unfit for human occupancy.

§167-23. Order to repair or demolish.

A. If, after such notice and hearing, the Local Housing Inspector determines that the building or dwelling unit under consideration is unfit for human habitation or occupancy or use, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an Order:

(1) Requiring the repair, alteration or improvement of said building or apartment to be made by the owner within a reasonable time, which time shall be set forth in the order and that the building or dwelling unit be vacated and closed within the time set forth in the Order; or

(2) If the building or apartment is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, to alter or improve said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said Order of Removal.

B. All repairs, additions, alterations, or replacements in dwelling units, commercial buildings or industrial buildings or premises to bring such dwelling units, commercial buildings or industrial buildings or premises into compliance with this chapter shall conform to all Borough Ordinances and the Uniform Construction Code, or other laws governing the construction, replacement, repair or alteration of such buildings or premises, or the facilities or equipment contained therein.

§167-24. Remedies for failure of owner to comply with order to repair or demolish.

If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building or dwelling unit, the Local Housing Inspector may cause such building or apartment to be repaired, altered or improved or to be vacated and closed; and the Local Housing Inspector may cause to be posted on the main entrance of any building or dwelling unit so closed a placard with the following words: "This building or apartment is unfit for human habitation or occupancy or use; the use or occupation of this building or apartment is prohibited and unlawful." If the owner fails to comply with an order to remove or demolish the building, the Local Housing Inspector may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.

§167-25. Municipal liens.

A. The amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in favor of the municipality, and cost of such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. The Local Housing Inspector shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes. Costs for removal or demolition of a building shall include all costs for the closure and/or removal of any and all underground storage tank systems which were closed and/or removed pursuant to the applicable provisions of N.J.S.A. 58:10A-22 et seq. and any applicable rules and regulations promulgated by the authority thereof and the applicable provisions of N.J.A.C. 7:14B-9.1 et seq.

B. The Local Housing Inspector must comply with the statutory requirements embodied at N.J.S.A. 40: 48-1 et. seq both before and after the building is removed or demolished. The property or materials left behind following the demolition or removal shall not be sold unless permitted by State or local statute. In the event that any property or materials are sold, after proper notice is given and all applicable statutory provisions have been followed, the proceeds of that sale shall be credited to the removal or demolition costs incurred. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Local Housing Inspector, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.

C. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.

§167-26. Local Housing Inspector as receiver of rents and income.

Where a property has failed to have been maintained in accordance with this Chapter, the Local Housing Inspector may, with the approval of the governing body of the Borough of Lindenwold, by resolution, bring an action to be appointed receiver ex officio of the rents and income of any such property for the purpose of collecting the rents and income from such property and expending the same for the purpose of abating the conditions against which this chapter is directed. The procedure and other legal steps shall be governed by the provisions of N.J.S.A. 40:48-2.12(h) through 48-2.12(k) and/or N.J.S.A. 2A:42-74 through 42-84.

§167-27. Removal of brush, debris, garbage, etc.; lien against the premises.

Where it shall be necessary and expedient for the preservation of public health, safety, or general welfare, or to eliminate a fire hazard, the Borough Council may require the owner or occupant of a premises to remove or destroy brush, weeds including ragweed, dead or dying trees, roots, obnoxious growths, filth, garbage, trash and debris, within ten (10) days after notice to remove or destroy the same. Notice shall be made as provided in §167-21. In cases where the owner or occupant shall have refused or neglected to remove or destroy same in the manner and within the time provided above, the Borough Council may provide for the removal or destruction of the same by or under the direction of a municipal officer, such officer shall certify the costs thereof to the Borough Council, who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said premises; the amount so charged shall forthwith become and form part of the taxes to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes. Notice of the amount so charged as a lien against the premises shall be forwarded to the owner by certified mail. Any owner or party interested may, within sixty (60) days of the filing of the lien certificate, proceed in a summary manner in the Superior Court solely to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificates.

§167-28. Referral of violations of other ordinances.

Any violation of any ordinance other than this chapter discovered in the enforcement of this chapter shall be reported to the Local Housing Inspector, who shall refer the alleged violation to the official or agency responsible for the enforcement of such ordinance.

§167-29. Power to withhold strict enforcement.

The Local Housing Inspector shall have the power to withhold strict enforcement of this chapter upon written application therefor by an owner or party in interest after obtaining approval of the Borough Council, after making determination that:

A. Any variation or modification of structure use approved by the Local Housing Inspector will not in any material way alter the standards of this chapter and cannot affect detrimentally the health or safety of occupants of the premises or the health, safety or welfare of the occupants or owners of adjacent premises or of the neighborhood.

B. Strict enforcement would constitute an undue and unnecessary hardship on the owner, operator or occupant because it would compel expenditures on premises that would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom.

C. The owner, operator or occupant is without any practical or feasible means to comply with the strict provisions of this chapter.

§167-30. Extensions.

The Local Housing Inspector may grant extensions of time whenever he or she shall determine that despite diligent effort, compliance cannot be accomplished within the time specified in the notice or under this chapter. If, however, such extension shall be for a period in excess of three business days, or if more than one extension is sought, the Local Housing Inspector shall require a written application of extension stating the need for said extension and demonstrating that the continued noncompliance will not be detrimental to the health, safety or welfare of the occupants of the building or dwelling unit or the public. The Local Housing Inspector shall rule in writing upon the extension and such ruling shall be made part of the file.

§167-31. Nuisances; abatement or correction by Borough; cost as lien.

The governing body of the Borough of Lindenwold may, by resolution, abate a nuisance, correct a defect or put the premises in condition so as to comply with the requirements of any municipal ordinance or state law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purpose and charge the same against the premises; and the amount thereof as determined by the governing body of the municipality shall be a lien against the premises and collectible as provided in this chapter.

§167-32. Emergencies.

Whenever the Local Housing Inspector finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order requiring that such action be taken as he determines necessary, applying the statutes and other provisions of this chapter to meet the emergency, and such order shall be effective immediately; and any person to whom such order is directed shall comply immediately, but upon petition to the Local Housing Inspector shall be afforded a hearing as soon as possible. The provisions of this chapter as to charging the costs and making them assessable as taxes shall apply to such emergencies.

§167-33. Temporary housing in the event of emergencies.

In the event that a single-family home is damaged by fire or other immediate emergency such as flood, lightning or being struck by a falling tree, and, in the opinion of the Borough Construction Code Official, the inhabitants of the structure cannot safely continue to reside in the structure during its repair or reconstruction, then the Construction Code Official may authorize placement of a trailer on the site as temporary living accommodations for the inhabitants. The Construction Code Official shall approve the type of trailer and its location on the site and shall make sure it complies with all other applicable laws, regulations and ordinances, including Board of Health requirements. The Construction Code Official shall have the authority to grant an initial ninety-day permit for the temporary