*
Published in the New York Times, Monday, January 29, 2007
January 29, 2007, 5:44 pm
BRUCE BARTLETT:
The Growing Chorus of Antiwar Conservatives
In many ways, the war in Iraq is looking more and more like the last days of the Vietnam War. It is becoming increasingly clear that the situation is hopeless and the administration’s strategy is incapable of achieving victory. Yet the president insists that additional resources can still turn the situation around. Although he has little credibility left, many continue to support him in some vain hope that the sacrifices of our soldiers can somehow be vindicated and given meaning.
But unlike in 1973 and 1974, when political conservatives rallied around President Nixon, growing numbers of those in the conservative intelligentsia have concluded that the war was wrong to begin with and is now unwinnable. Even as Rush Limbaugh, Laura Ingraham, Sean Hannity and other right-wing talk show hosts have, over the last year, loudly ratcheted up their support for the war, the number of conservative critics has been growing almost daily.
As long ago as June 2004, William F. Buckley Jr., founder of the National Review magazine, was quoted in The New York Times saying, “With the benefit of minute hindsight, Saddam Hussein wasn’t the kind of extra-territorial menace that was assumed by the administration a year ago. If I knew then what I know now about what kind of situation we would be in, I would have opposed the war.”
By 2006, the voices of prominent conservatives pronouncing the war and its conduct to be deeply flawed were becoming a chorus. In April, Newt Gingrich, the former speaker of the House, told students at the University of South Dakota, “It was an enormous mistake for us to try to occupy that country after June of 2003. We have to pull back and we have to recognize it.”
In June, John Derbyshire of National Review published a mea culpa in that magazine, calling the Iraq war “obviously a gross error.” He went on to say, “It’s a tough thing, to admit you were wrong. It’s way tough if you’re a big-name pundit with a reputation to preserve. For those of us down at the bottom of the pundit pecking order, the stakes aren’t so high. I, at any rate, am willing to eat some crow and say: I wish I had never given any support to this fool war.”
The following month, Milton Friedman, the free-market economist who died in November, told The Wall Street Journal that he had opposed the Iraq war from the beginning. “I think it was a mistake, for the simple reason that I do not believe the United States of America ought to be involved in aggression.”
Since President Bush announced a “surge” of 21,500 additional troops to Iraq in early 2007, many more conservatives have spoken out. On Jan. 11, General William Odom of the conservative Hudson Institute wrote an article in The New York Daily News opposing the surge and calling for an immediate pullout. “Write off the democracy goal as a draw, declare a tactical victory, and withdraw in good order,” Odom wrote. “Of course a terrible mess will be left, but more troops and money can only make it worse, not better.”
That same day Rod Dreher, a former editor at National Review, spoke out against the war in a deeply felt commentary on National Public Radio. Dreher said:
As President Bush marched the country to war with Iraq, even some voices on the Right warned that this was a fool’s errand. I dismissed them angrily. I thought them unpatriotic. But almost four years later, I see that I was the fool.
In Iraq, this Republican President for whom I voted twice has shamed our country with weakness and incompetence, and the consequences of his failure will be far, far worse than anything Jimmy Carter did.
The fraud, the mendacity, the utter haplessness of our government’s conduct of the Iraq war have been shattering to me. It wasn’t supposed to turn out like this. Not under a Republican President.
I turn 40 next month – middle aged at last – a time of discovering limits, finitude. I expected that. But what I did not expect was to see the limits of finitude of American power revealed so painfully. I did not expect Vietnam.
As I sat in my office last night watching President Bush deliver his big speech, I seethed over the waste, the folly, the stupidity of this war. I had a heretical thought for a conservative – that I have got to teach my kids that they must never, ever take Presidents and Generals at their word – that their government will send them to kill and die for noble-sounding rot – that they have to question authority.
On the walk to the parking garage, it hit me. Hadn’t the hippies tried to tell my generation that? Why had we scorned them so blithely? Will my children, too small now to understand Iraq, take me seriously when I tell them one day what powerful men, whom their father once believed in, did to this country? Heavy thoughts for someone who is still a conservative despite it all. It was a long drive home.
Even Republican loyalist Peggy Noonan, a speechwriter for Ronald Reagan and columnist for The Wall Street Journal, had to admit that she saw little hope for success in Bush’s latest effort. On Jan. 12, she wrote:
I had the odd and wholly unexpected experience of feeling supportive of a troop increase until I saw the president’s speech arguing for it. What a jarring, furtive-seeming thing it was.
Surely the Iraq endeavor and those who’ve fought in it and put their hopes in it deserve more than collapse, withdrawal and calamity. But . . . 20,000 more troops, who’ll start to arrive over the next few months, and we’ll press the Iraqi government to be tougher? A young journalist who is generally supportive of the president said, “So this is it? The grand strategy is to repeat a strategy they weren’t able to execute the first time they tried it?”
What a dreadful mistake the president made when he stiff-armed the Iraq Study Group report, which had bipartisan membership, an air of mutual party investment, the imprimatur of what remains of or is understood as the American establishment, and was inherently moderate in its proposals: move diplomatically, adjust the way we pursue the mission, realize abrupt withdrawal would yield chaos. There were enough good ideas, anodyne suggestions and blurry recommendations (blurriness is not always bad in foreign affairs – confusion can buy time!) that I thought the administration would see it as a life raft. Instead they pushed it away.
William Buckley was also unimpressed by the president’s new strategy. In a Jan. 15 column, he opposed the surge, saying, “A geographical division of Iraq is inevitable. The major players are obvious. It isn’t plain how America, as an outside party, could play an effective role, let alone one that was decisive, in that national redefinition. And America would do well to encourage non-American agents to act as brokers – people with names like Ban Ki-moon.”
Conservative columnist Charles Krauthammer was equally unimpressed. In a Jan. 19 column, he opposed the surge on the grounds that the present Iraqi government is untrustworthy. He called for a pullback from Baghdad, but not from Iraq, until the sectarian civil war had fought itself out or the government was able to restore control.
For now, National Review and other conservative publications remain officially in favor of the war, despite the defection of some of their longtime contributors. However, political reality may soon force a break with the White House. Conservative columnist Robert Novak reports that Republican politicians are increasingly restless over Iraq and that their opposition has risen since Bush’s troop surge announcement: “What was whispered privately is now declared publicly.” He went on to quote a prominent Republican strategist as saying, “Iraq is a black hole for the Republican Party.” Novak cited a Republican pollster who predicted losses greater than 2006 if Iraq is still an issue in 2008.
Link to online blog post.
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)
Tuesday, January 30, 2007
Monday, January 29, 2007
Auto Insurance - How Plainfield Ranks
| Auto Insurance Rates Are Based on Location New Jersey auto insurance rates depend on where the vehicle is registered. The insurance industry argues for higher rates in urban areas due to more accidents, theft, and vandalism. | |
| TERRITORY | 2006 PREMIUM* |
| Newark | $1,180 |
| Belleville / Irvington | $1,125 |
| Jersey City | $1,118 |
| East Orange / Orange | $1,111 |
| Paterson | $1,084 |
| Elizabeth | $1,046 |
| Atlantic City | $1,033 |
| Camden | $1,027 |
| PLAINFIELD | $1,019 |
| Perth Amboy | $988 |
| Trenton | $894 |
| New Brunswick | $833 |
| Morriston / Somerville | $684 |
*Allstate rates for a 35-year-old unmarried male who drives 2004 Buick Century Custom GS 4-door sedan with full coverage. Based on data in the Star-Ledger, Sunday, January 28, 2007. SOURCE: NJ Dept. of Banking & Insurance. (Some towns ranking BENEATH Plainfield have been omitted.) See: http://www.state.nj.us/dobi/territry.htm | |
Sunday, January 28, 2007
Overcrowding - Courier - Sample ordinances
Published in the Courier News, Sunday, January 28, 2007
Some occupancy ordinances from around the state
(See also: "Central Jersey towns consider tougher rules for overcrowding")
Following are examples of recently adopted occupancy ordinances from around the state aimed at stacking. These were supplied by the New Jersey League of Municipalities.
| NETCONG | ROSELLE | CHESTER BOROUGH | WEST NEW YORK | CAMDEN | BEACH HAVEN | BRIGATINE | NORTH WILDWOOD | HILLSIDE | RUTHERFORD | ALLENDALE | EAST ORANGE | UNION TWP. |
NETCONG
Chapter 215, OCCUPANCY LIMITATIONS ON RESIDENTIAL HOUSING
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 5-13-2004 by Ord. No. 2004-7. Amendments noted where applicable.]
ROSELLE
CHESTER BOROUGH
ARTICLE IV, Light, Ventilation and Occupancy Limitations
WEST NEW YORK
ARTICLE II, Required Certifications [Adopted 9-6-1978 by Ord. No. 1306]
WHEREAS, the Board of Commissioners of the Town of West New York, State of New Jersey, have determined that a significant number of multiple dwellings in the Town of West New York are overcrowded; and
WHEREAS, the mere existence of the enacted laws and regulations designed to combat overcrowding in multiple dwellings has not served to deter the existence of said overcrowded conditions; and
WHEREAS, the Town of West New York desires to alert on a continuing basis all landlords and tenants to the applicable laws and regulations governing the required space necessary in dwelling units and the required space necessary in sleeping rooms and to be apprised of the number of occupants residing in a particular dwelling unit in relation to the gross floor area of said dwelling unit;
Now therefore, be it ordained by the Board of Commissioners of the Town of West New York, County of Hudson, State of New Jersey, as follows:
CAMDEN
ARTICLE XIX, Occupancy Restrictions
BEACH HAVEN
BRIGANTINE
NORTH WILDWOOD
HILLSIDE
RUTHERFORD
ALLENDALE
Chapter 180, OCCUPANCY LIMITS; UNSAFE STRUCTURES AND EQUIPMENT
EAST ORANGE
ARTICLE XIV, Occupancy Standards for Residences
UNION
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)
Some occupancy ordinances from around the state
(See also: "Central Jersey towns consider tougher rules for overcrowding")
Following are examples of recently adopted occupancy ordinances from around the state aimed at stacking. These were supplied by the New Jersey League of Municipalities.
| NETCONG | ROSELLE | CHESTER BOROUGH | WEST NEW YORK | CAMDEN | BEACH HAVEN | BRIGATINE | NORTH WILDWOOD | HILLSIDE | RUTHERFORD | ALLENDALE | EAST ORANGE | UNION TWP. |
NETCONG
Chapter 215, OCCUPANCY LIMITATIONS ON RESIDENTIAL HOUSING
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 5-13-2004 by Ord. No. 2004-7. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes -- See Ch. 140.
Fire prevention -- See Ch. 157.
Housing standards -- See Ch. 186.
Land development procedures -- See Ch. 194.
§ 215-1. Definitions.
For the purpose of this chapter, the following terms shall be defined as:§ 215-2. Residential housing unit occupancy limitations.
DWELLING -- Any building or structure, or part thereof, used for human habitation, use or occupancy and includes any accessory buildings and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT or HOUSING UNIT -- Any room or group of rooms, or any part thereof, located within a building to be used for living, sleeping, cooking and eating.
HABITABLE ROOM -- A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or corridors, closets and storage spaces.
OCCUPANT -- Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.
The occupancy of residential housing units in the Borough of Netcong shall be limited by the following:§ 215-3. Responsibility for compliance with occupancy limitations.
A. A dwelling unit shall contain not less than 150 square feet of floor space for the first occupant thereof and not less than 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the base of total habitable room area.
B. Every room occupied for sleeping purposes by one occupant shall contain not less than 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain not less than 50 square feet of floor space for each occupant thereof.
C. At least 1/2 of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling is less than five feet shall not be considered as part of the floor area in computing the total floor area in the room for the purpose of determining the maximum permissible occupancy thereof.
D. A room located in whole or in part below the level of the ground may be used for sleeping, provided that the walls and floors thereof in contact with the earth have been damp proofed, and provided that all requirements otherwise applicable to habitable rooms as established in the Uniform Construction Code, Uniform Fire Code and New Jersey State Housing Code are satisfied.EN
Any individual who owns, leases, occupies or maintains any housing unit, including rental housing, within the Borough of Netcong in violation of the occupancy limitations set forth in § 215-2 shall be deemed to have violated this chapter.§ 215-4. Designation of enforcement officer.
The Zoning Officer of the Borough of Netcong is hereby designated as the officer to exercise the powers prescribed by this chapter.§ 215-5. Search warrant.
The Zoning Officer may apply to the Municipal Court Judge of the Borough of Netcong for a search warrant to gain access to any dwelling where said officer has probable cause to believe that a violation of this chapter is occurring or where such inspections are required as part of a routine inspection survey.§ 215-6. Violations and penalties.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $500 nor more than $1,250 or by imprisonment in the county jail for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or any combination thereof, for each violation. Each day a particular violation continues shall constitute a separate offense.
ROSELLE
§ 87-52. Occupancy limitations; light; ventilation. [Added 6-18-2003 by Ord. No. 2185EN]
A. Occupancy limitations.§ 87-53. Administration.
(1) Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.B. Light.
(2) Definitions. As used in this section, the following terms shall have the meanings indicated:
BEDROOM -- A room furnished with a bed and intended primarily for sleeping.(3)Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls.
DINING ROOM -- A room (area) used for the taking of meals. A dining room (area) is not to be used for sleeping purposes.
KITCHEN -- A room (area) with cooking facilities.
LIVING ROOM -- A room in a residence used for the common social activities of the occupants. The living room is not to be used for sleeping purposes.
(4) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2134 mm).
(a) Exceptions:(5)Bedroom requirements. Every bedroom shall comply with the requirements of § 87-52A(1) through (6).
[1]In one- and two-family dwellings, beams or girders spaced not less than four feet (1219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling light.
[2] Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2033 mm) with not less than six feet four inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.
[3]Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1524 mm) or more shall be included.
(a) Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.62) of floor area for each occupant thereof.(6) Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 1.
(b) Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
(c) Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
(d) Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter.
Table 1 Minimum Area Requirements Minimum Area in Square Feet(7) Sleeping areas and combined spaces.
Space: 1 to 2 Occupants | 3 to 5 Occupants | 6 or More Occupants
Living room a,b: No requirements | 120 | 150
Dining Room a,b: No requirements | 80 | 100
Kitchen,b: 50 | 50 | 60
Bedrooms Shall comply with Section 87-52A(5)
NOTES: For SI: 1 square foot = 0.093m2. a. See § 87-52A7(a) for combined living room/dining room spaces. b. See § 87-52A7(b) for limitations on determining the minimum occupancy area for sleeping purposes.
(a) Sleeping area. The minimum occupancy area required by Table 1 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with § 87-52A(5).(8) Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
(b) Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 1 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
(a) A unit occupied by not more than two occupants shall have a clear floor area of not less that 220 square feet (20.4m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7m2). These required areas shall be exclusive of the areas required by Subsection A(8)(b) and (c).(9) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Dining and kitchen and living room shall not be used as sleeping quarters.
(b) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
(c) The unit shall be provided with a separate bathroom containing a water closet, lavatory, bathtub or shower.
(d) The maximum number of occupants shall be three.
(1) Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
(a) Exception. Where natural light for rooms and spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjourning room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The exterior glazing area shall be based on the total floor area being served.(2) Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a sixty-watt standard incandescent light bulb for each 200 square feet (19m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
(3) Other spaces. All other spaces shall be provided with natural or artificial light to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
C. Ventilation.
(1) Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in Section 402.1.
(a) Exception. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.(2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or a toilet room shall discharge to the outdoors and shall not be recirculated.
(3) Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in rooming unit or dormitory unit.
(a) Exception: Where specifically approved in writing by the code official.(4) Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
(5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.
A. Public officer.
The public officer shall be appointed by the Borough of Roselle annually, and he shall exercise the powers prescribed by this article. He may appoint or designate such other municipal officers or employees as his assistants as may be required to perform such of his functions and powers under this article as he deems necessary for the enforcement of this Article, including the making of inspections and the holding of hearings.
B. Inspection of premises.
All premises within the Borough of Roselle covered by this article shall be subject to inspection from time to time by the public officer to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying the same and of the general public. For the purpose of making such inspections, the public officer is hereby authorized to enter, examine and survey, at all reasonable times, all such premises; provided, however, that such entries are made in such manner so as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the public officer free access to the same at all reasonable times for the purpose of such inspection. Every person occupying such premises shall give the owner and operator thereof access to that portion of the reasonable times for the purpose of making such repairs, alterations or corrections 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. Determination of unfitness for use or occupancy.
For the purpose of this article, the public officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or to other residents of the borough. Such conditions may include the following, without limiting the generality of the foregoing: the hazards of fire, accident or other calamities, dilapidation and deterioration.
D. Charges and hearing.
Whenever a petition is filed with the public officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the borough charging that any building is unfit for human habitation or occupancy or use or whenever it appears to the public officer, on his own motion, that any building is unfit for human habitation or occupancy or use, the public officer shall, if his preliminary investigation discloses a basis of such charges, issue and cause to be served upon the owner of, and parties in interest in, such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed, not less than 10 days nor more than 30 days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts of the State of New Jersey shall not be controlling in hearings before the public officer.
E. Finds of fact and order.
If, after the notice and hearing provided for in Subsection D above, the public officer determines that the building 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 requiring:
(1) The repair, alteration or improvement of said building to which time shall be set forth in the order, or, at the option of the owner, to vacate or to have said building vacated and closed within the time set forth in the order.F. Failure of owner to comply with order to repair or vacate.
(2) If the building 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, alter or improve said building within the time specified in the order, that the owner remove or demolish the building within a reasonable time as specified in said order of removal.
If the owner fails to comply with an order requiring him to repair, alter or improve or, at his option, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed, and may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
G. Failure of owner to comply with order to remove or demolish.
If the owner fails to comply with an order to remove or demolish the building, the public officer 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 thereof.
H. Lien of municipality.
(1) 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 article determined in favor of the Borough of Roselle; and the cost of any such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, undertaken pursuant to Subsections F and G hereof 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.I. Certificate of necessity.
(2) If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement (herein called the "municipal lien certificate") of the aforesaid costs and the amount so due shall be forthwith forwarded by the public officer to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited with the Clerk of the Superior Court by the public officer, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order of judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing contained in this article shall be construed to limit or declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days of the date of the filing of the municipal 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.
(1) Who may apply.J. Service, oaths, rules and regulations.
Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this Article without having a right of access to the premises through or across adjoining premises not owned by him or under his control and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of affidavit by such owner, operator or occupant with the public officer, setting forth the facts and applying for a certificate of necessity on said application upon the applicant for such certificate and upon the owner or persons empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by N.J.S.A. 40:48-2.7, except that the public officer shall not be required to record or lodge a copy of such notice with the county recording officer of the County of Union. At least 10 days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the public officer in the exercise of reasonable diligence, at least 30 days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof.
(2) Hearing.
On the day fixed for hearing, the public officer shall provide opportunity for the owner or person empowered to grant such access or to state why such access should not be granted.
(3) Issuance of certificate conditions.
If the public officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this article, then the public officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which such certificate shall operate precautions to be taken to avoid damage and, where the public officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set forth for the bond shall take into consideration the extent, nature and duration of the repair and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the public officer.
(4) Refusal to comply with certificate.
Any refusal to comply with a certificate issued hereunder or any interference with the purpose for which a certificate is issued shall be a violation of this article, and in addition to the penalties provided hereunder, the public officer may, upon affidavit setting forth the facts, apply to the Judge of the Borough of Roselle or the Superior Court of New Jersey for a warrant authorizing access, and if the Judge is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of a warrant permitting access.
Complaints, orders and certificates of necessity issued by the public officer pursuant to this article shall be served and recorded or lodged for the record in the manner prescribed in N.J.S.A. 40:48-2.7. The public officer is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out the purposes and provisions of this article, including but not limited to the following, in addition to others herein granted to administer oaths and affirmations, to examine witnesses and receive evidence and to make and adopt such written rules and regulations as he may deem necessary, and the Borough Council approves by resolution, for the proper enforcement of the provisions of this article; provided, however, that such rules and regulations shall not be in conflict with the provisions of this article nor in anywise alter, amend, add to or supersede any of the provisions hereof. The public officer shall file a certified copy of all such rules and regulations in his office and in the office of the Borough Clerk.K. Annual review of code provisions and operations.
The public officer shall submit to the Borough Council each year, an annual report of his activities during the preceding calendar year, which said report shall include such recommendations as he may have with reference to proposed amendments to this article.
§ 87-54. Notice of violation.
The service of orders for the correction of violations of this article shall be made upon the owner, occupant or other persons responsible for the conditions, either by delivering the same to and leaving it with any person in charge of the premises or by sending it by mail to the owner, occupant, operator or other parties in interest.§ 87-55. Violations and penalties. [Amended 12-19-2001 by Ord. No. 2148]
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine not more than $1,000 or be subject to imprisonment in the county jail for a period of 90 days or by a period of community service not exceeding 90 days. The Court may impose all, some or any combination of these sanctions.
CHESTER BOROUGH
ARTICLE IV, Light, Ventilation and Occupancy Limitations
§ 183-27. Occupancy limitations.
A.Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
B. Access from sleeping rooms. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. Exception: Dwelling units that contain fewer than two bedrooms.
C. Area for sleeping purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
D. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.
E. Overcrowding. Dwelling units shall not be occupied by more than permitted by the minimum occupancy area requirements of the following table:
MINIMUM OCCUPANCY AREA REQUIREMENTSF. Combined spaces. Combined living room and dining room spaces comply with the requirements of the above table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room-dining room.
Space: 1-2 Occupants (area in square feet) | 3-5 Occupants (area in square feet) | 6 or More Occupants (area in square feet)
Living room: None | 120 | 150
Dining room: None | 80 | 100
Kitchen: 50 | 50 | 60
Bedrooms As per § 183-27C | As per § 183-27C | As per § 183-27C
G. Prohibited use. Kitchens, nonhabitable spaces and interior public spaces shall not be used for sleeping purposes.
H. Minimum ceiling heights.
(1) Habitable spaces, other than kitchens, shall have a clear ceiling height of not less than seven feet, four inches. Hallways, corridors, laundry areas, bathrooms, toilet rooms, and kitchens shall have a clear ceiling height of not less than seven feet.I. Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.
(2) Exceptions.
(a) Beams or girders space not less than four feet on center and projecting not more than six inches below the required ceiling height, provided the minimum clear height is not less than six feet eight inches.
(b) Dropped or furred ceilings over no more than 1/2 of the minimum floor area required by this code, provided no part of such dropped or furred ceiling is less than seven feet in height.
(c) Rooms used exclusively for sleeping, study, or similar uses and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor areas with a clear ceiling height of five feet or more shall be included.
(d) Basement rooms in one- and two-family dwellings used exclusively for laundry, study, or recreation purposes having a ceiling height of not less than six feet eight inches with not less than six feet four inches of clear height under beams, girders, ducts and similar obstructions.
J. Food preparation. All spaces to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
WEST NEW YORK
ARTICLE II, Required Certifications [Adopted 9-6-1978 by Ord. No. 1306]
WHEREAS, the Board of Commissioners of the Town of West New York, State of New Jersey, have determined that a significant number of multiple dwellings in the Town of West New York are overcrowded; and
WHEREAS, the mere existence of the enacted laws and regulations designed to combat overcrowding in multiple dwellings has not served to deter the existence of said overcrowded conditions; and
WHEREAS, the Town of West New York desires to alert on a continuing basis all landlords and tenants to the applicable laws and regulations governing the required space necessary in dwelling units and the required space necessary in sleeping rooms and to be apprised of the number of occupants residing in a particular dwelling unit in relation to the gross floor area of said dwelling unit;
Now therefore, be it ordained by the Board of Commissioners of the Town of West New York, County of Hudson, State of New Jersey, as follows:
§ 260-8. Definitions.
As used in this article, the following terms shall have the meanings indicated:§ 260-9. Filing of landlord's dwelling unit occupancy certification.
APARTMENT HOUSE -- A building or portion thereof containing more than two dwelling units. The phrase "two dwelling units" is defined to include, in computation thereof, any owner-occupied dwelling unit within the common structure.
DWELLING UNIT -- A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
HABITABLE SPACE -- Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space.
LANDLORD -- The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building or of premises or their duly authorized agents.
OCCUPANT -- Any person, including minors who resides or intends to reside in a dwelling unit on a continuous basis for more than 30 days.
TENANT -- Any adult member of a household who resides in a dwelling unit.
Every landlord of an apartment house shall file with the Division of Housing Inspection of the Town of West New York a landlord's dwelling unit occupancy certification before any apartment unit in said structure is leased to a new tenant not already in possession at the effective date of this article within 30 days from the date the tenancy commences.§ 260-10. Execution and filing of tenant occupancy certification.
Every tenant who takes possession after the effective date of this article shall execute a tenant occupancy certification. Every landlord shall obtain said certification and file same along with the landlord's dwelling unit certification with the Division of Housing Inspection of the Town of West New York within 30 days from the date the tenancy commences.§ 260-11. Information required in landlord's dwelling unit occupancy certification.
Every landlord's dwelling unit occupancy certification shall contain the following information:§ 260-12. Information required in tenant occupancy certification.
A. Name, address and phone number of the landlord.
B. Address and dwelling unit number of the rented property.
C. Name of tenant and all occupants, including minors, who are to reside in the dwelling unit.
D. Total number of occupants who are to reside in a dwelling unit.
E. Date tenancy commenced.
F. Total gross floor area in square feet of habitable rooms.
G. Total gross floor area in square feet of rooms occupied for sleeping purposes.
H. A recitation of the applicable section of the BOCA Basic Housing-Property Maintenance Code,EN which sets forth the required space in dwelling units and the required space in sleeping rooms and the prohibited use of certain rooms; space for sleeping purposes.
Every tenant's occupancy certification shall contain the following information:§ 260-13. Certification forms.
A. Name of tenant(s) and all occupants, including minors, who are to reside in dwelling units.
B. Total number of occupants who are to reside in dwelling units.
C. Date tenancy commenced.
D. A statement by the landlord as to the maximum number of occupants who will be permitted to reside in the dwelling unit.
E. A statement advising the tenant that he shall have the obligation to advise the landlord of any increase in the total number of occupants residing in the dwelling unit.
Forms for a landlord dwelling unit occupancy certification and tenant occupancy certification shall be on forms furnished and supplied by the Division of Housing Inspection of the Town of West New York.§ 260-14. Procedure upon increase of occupants.
A.Every landlord shall also have the obligation to submit a landlord's dwelling unit occupancy certification if the number of occupants increases in a particular dwelling unit from the effective date of this article.§ 260-15. Violations and penalties.
B.Every tenant shall have the obligation to notify the landlord of any increase in the number of occupants from the effective date of this article.
Any person who shall submit false information in a certification or who shall violate or fail to comply with any provision of this article shall, upon conviction thereof, be subject to the penalties provided for in Chapter 1, General Provisions, Article I, of the Code of the Town of West New York.
CAMDEN
ARTICLE XIX, Occupancy Restrictions
§ 418-105. Single-family dwellings.
A single-family dwelling shall be occupied by persons composing an immediate family and no more than two (2) unrelated persons or by not more than two (2) unrelated persons living and cooking together or by persons who are named on the title as owners and who are not an immediate family.§ 418-106. Dwelling units other than single-family dwellings.
A dwelling unit, other than that constituting a single-family dwelling, shall be occupied by persons composing an immediate family and no more than two (2) other persons.§ 418-107. Independent rooming units.
Independent rooming units shall be rented for occupancy or occupied by adults.§ 418-108. One-room dwelling units.
Occupancy of dwelling units or rooming units having only one (1) habitable room shall be limited to two (2) persons.§ 418-109. Affidavit of occupancy restrictions.
A. Pursuant to the above standards of occupancy, the owner, operator or agent shall be responsible for obtaining an affidavit of proper form and execution from any lessee(s) or tenant(s) responsible for the payment of rent stating that:
(1) Said tenant or lessee knows the maximum occupancy permitted for the premises or unit which he/she rents at the date of occupancy to be ____ persons, pursuant to §§ 418-98 through 418-110.B.This section shall be retroactive.
(2) The number of persons to actually occupy said premises or unit is _____ persons at the date of occupancy.
(3) Occupancy of said premises or unit shall at no time be in violation of the maximum occupancy requirements as clearly stated in this affidavit.
§ 418-110. Overcrowding.
A. In every instance where there is proof of overcrowding in violation of the occupancy standards set forth above and such proof is substantiated by the landlord, owner or operator by the presentation of a written lease between the landlord, etc., and the tenant under which overcrowding constitutes a breach or such proof is substantiated by the existence of a tenant's affidavit whereby the number of actual occupants is greater than the maximum occupancy permitted under such affidavit, then and in those instances, the Public Officer may issue an order to vacate to the tenant. The order to vacate shall provide for the vacation of the premises or unit in question within thirty (30) days from the date of the order. Failure to vacate by the tenant shall constitute a violation of this Part 2.
B. The tenant, however, shall, upon his/her request, be entitled to a hearing, prescribed under §§ 418-190 and 418-191, in order to contest the order to vacate. The tenant shall be duly notified of the aforesaid violations, pursuant to §§ 418-188 and 418-189, and of the tenant's right to request a hearing.
BEACH HAVEN
§ 155-12. Limitations on occupancy.
Each licensee granted a license pursuant to this chapter shall be permitted to lease or rent the rental unit which has been registered and for which a license has been granted hereunder to a specific number of registered tenants, which number shall not exceed the number which has been computed in accordance with the following:
A.Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
B. Rental units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements of Table 155-12B.
Table 155-12BC. Combined living-room and dining-room spaces shall comply with the requirements of Table 155-12B if the total area is equal to that required for separate rooms and if the space is so located that it functions as a combination living room/dining room.
Minimum Occupancy Area Requirements
Minimum Occupancy Area in Square Feet
Space: 1 to 2 occupants | 3 to 5 occupants | 6 or more
Living room: No requirements | 120 | 150
Dining room: No requirements | 80 | 100
Kitchen: 50 | 50 | 60
Bedrooms Shall comply with § 155-12A
D.Decks/porches. The maximum allowable occupancy on any deck shall be one person per nine square feet.
§ 155-13. Posting of maximum number of occupants required.
A. It shall be unlawful and in violation of this chapter for an owner, permittee, lessor or registered tenant of any registered dwelling to allow a number of people greater than the posted maximum number of occupants, which number is to be posted on a register in the registered dwelling. It shall also be a violation of this chapter for the owner, permittee, lessor or registered tenant to lease a dwelling unit to a number or group of tenants which exceeds the total number of sleeping accommodations which has been set forth in the permit for which application was made under this chapter. It shall also be unlawful for an owner, permittee, lessor or registered tenant to allow a number of people greater than the maximum number of people permitted to occupy the decks or porches of a dwelling unit.
B.The owner, permittee, lessor or registered tenant of a dwelling unit must post a register in a conspicuous location in the dwelling. Such register must contain the name(s) of the owner, permittee, lessor and registered tenant, the maximum number of tenants permitted to occupy the dwelling according to the permit, the maximum number of sleeping accommodations according to the permit and the maximum number of persons permitted on the decks or porches of the dwelling according to the permit.
C. It shall be unlawful and a violation of this chapter for an owner, permittee, lessor or registered tenant to fail to post the required register or for an owner, permittee, lessor or registered tenant to remove the required register.
D. The required register must be readily available for inspection upon demand by police officers of the Borough of Beach Haven or officials of the Borough of Beach Haven Code Enforcement Office. It shall be unlawful and a violation of this chapter for an owner, permittee, lessor or registered tenant to refuse to allow the inspection of said register upon demand by an officer of the Beach Haven Police Department or an official from the Beach Haven Code Enforcement Office.
E. The police officers of the Beach Haven Police Department or the officials of the Beach Haven Code Enforcement Office are authorized to issue a summons for a violation of this chapter to any owner, permittee, lessor or registered tenant found to be in violation of any of the provisions of this chapter.
BRIGANTINE
§ 246-17. Limitations on occupancy.
Each owner of a unit registered pursuant to this article shall be permitted to lease or rent said rental unit to a number of registered tenants, which number shall not exceed the number which has been computed in accordance with the following:
A. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.§ 246-18. Violation of occupancy requirements; enforcement.
B. Rental units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements as set forth in this article. If there is a discrepancy regarding the number of occupants permitted pursuant to this article, the most restrictive requirement shall govern.
C. Combined living room and dining room spaces shall comply with the requirements of this article.
D.The maximum allowable number of people on any deck shall be one person per nine square feet.
A.It shall be unlawful and in violation of this article for an owner or a tenant of any registered rental unit to allow a number of people greater than the permitted maximum number of occupants to rent or occupy any dwelling unit. It shall also be a violation of this article for the owner to lease a rental unit to a number or group of tenants which exceeds the total number of sleeping accommodations which has been established for said rental unit pursuant to this article. It shall also be unlawful for any tenant or any owner of a dwelling unit to knowingly permit a number of people greater than the maximum number of sleeping accommodations to sleep in or occupy the dwelling unit overnight. It shall also be unlawful for a tenant or an owner to allow a number of people greater than the maximum number of people permitted to occupy the decks or porches of a rental unit to occupy the decks or porches of said rental unit.
B. The police officers of the Brigantine City Police Department, the officials of the Brigantine City Code Enforcement Office and officials of the Brigantine Fire Department are authorized to issue a summons for a violation of this article to any owner or tenant that is found to be in violation of this article.
NORTH WILDWOOD
§ 344-5. Register of guests.
Each permittee granted a permit hereunder shall maintain a register on any premises for which a permit is issued hereunder, which register shall contain the names, addresses, telephone numbers and the exact term of the rental period of all registered tenants leasing sleeping accommodations from the permittee, as well as the number of individually registered tenants. Said register shall be available for inspection by the officers of the Police Department of the City of North Wildwood at all times.§ 344-6. Use and occupancy of space. [Amended 12-16-1975 by Ord. No. 656; 8-3-1999 by Ord. No. 1333]
Each permittee granted a permit hereunder shall be permitted to lease the apartment or dwelling, for permit has been granted hereunder, for a number of registered tenants to reside therein, not to exceed that number for which sleeping accommodations are provided in said apartment or dwelling. Each dwelling unit and every room occupied for sleeping purposes shall contain at least the minimum square footage provided in N.J.A.C. 5:28-1.11, the habitable rooms shall have at least the minimum ceiling heights provided in N.J.A.C. 5:28-1.11, and rooms occupied for sleeping purposes may be located in whole or in part below the level of ground subject to the requirements of N.J.A.C. 5:28-1.11.§ 344-7. Occupancy by nonregistered individuals. [Amended 12-16-1975 by Ord. No. 656]
Between May 15 and September 15 of each year, inclusive, it shall be unlawful and in violation of this chapter for any individual registered tenant or any group of registered tenants, who have leased an apartment or dwelling from a permittee, to allow or permit any other individual, for whom sleeping accommodations are not available on the premises and who have not been registered as tenants by the permittee, to enter in or upon the apartment or dwelling leased by the permittee to such registered tenants during the hours of 11:00 p.m. and 7:00 a.m., prevailing time. The permittee may, however, grant specific permission to such nonregistered individuals to enter in or upon such apartment or dwelling. However, in so doing, the permittee shall become personally responsible for the activities of such nonregistered individuals, and in the event of a breach of the peace or other violation of the laws of this city or State of New Jersey by such individuals, the permittee shall be deemed to have violated this chapter.§ 344-8. Unlawful activities. [Added 8-3-1999 by Ord. No. 1333EN]
It shall be unlawful and in violation of this chapter of the North Wildwood Code for a permittee or tenant of an apartment or dwelling:§ 344-9. Reporting of violations. [Amended 12-16-1975 by Ord. No. 656]
A. To permit or allow people to reside in the apartment or dwelling in a number in excess of the number of people for which sleeping accommodations are provided.
B.To lease an apartment or dwelling to a number or group of tenants which exceeds the total number of sleeping accommodations in the apartment or dwelling.
C. To knowingly permit a number of people, greater than the maximum number of occupants permitted, to occupy the apartment or dwelling.
D.To rent an apartment or dwelling without securing a permit therefor.
E. To violate any of the provisions of the New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et seq.
F. To enter into a lease agreement without at least one tenant being an adult, and requiring all adult tenants to sign the lease.
It shall be the legal duty of each permittee hereunder to immediately report any breaches of the peace or violations of this chapter which permittee knows or believes have occurred on the leasehold premises, which report shall be made to the Desk Sergeant on duty at the Police Department of the City of North Wildwood by the most expedient means.
HILLSIDE
§ 375-17. Overcrowding; air requirements.
No tenement house or room therein being without sufficient ventilation shall be so overcrowded that there shall be afforded less than four hundred (400) cubic feet of air to each adult and two hundred and fifty (250) cubic feet of air to each child under twelve (12) years of age occupying such building or room, and, upon written order of the Board of Health, the number of occupants of such building or room so overcrowded shall be reduced in accordance with this chapter.§ 375-27. Nuisances.
A. Nuisances are hereby defined and declared to include and embrace:
(6) The use of any room for sleeping in any dwelling house, apartment house, hotel or other building which is overcrowded and where the cubic capacity for each adult is less than four hundred (400) cubic feet and for each child under twelve (12) years of age is less than two hundred fifty (250) cubic feet.
RUTHERFORD
§ 89-77. Usage and structural requirements.
A. A building or portion of the building occupied as a dwelling shall be lighted and ventilated by means of at least one window in each room, said window opening into the outer air.
B.No person shall use any room for sleeping in any dwelling house, apartment house, hotel or other building which is overcrowded and where the cubic capacity for each adult occupying such building or room is less than 400 cubic feet, and for each child under 12 years of age, 250 cubic feet. Upon written order from the Board of Health, the number of occupants for such building or rooms so overcrowded shall be reduced in accordance with this section.EN
C. Every building used in any away for occupation for human beings, whether for business or dwelling purposes, shall be provided with water closets and urinal accommodations so that the same may be adequate and reasonably convenient for the use of the occupants of said building.
D. No person shall paper the walls or ceilings of any room in any dwelling house, tenement, hotel, apartment building or any building used for dwelling purposes without first having scraped or thoroughly removed all the old paper from the walls or other parts of said building.
ALLENDALE
Chapter 180, OCCUPANCY LIMITS; UNSAFE STRUCTURES AND EQUIPMENT
[HISTORY: Adopted by the Governing Body of the Borough of Allendale 5-28-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 100.
Fire prevention -- See Ch. 128.
Nuisances -- See Ch. 172.
Property maintenance -- See Ch. 199.
§ 180-1. Policy and purposes.
The purposes of this chapter are to:§ 180-2. Occupancy limitations.
A. Provide for the public health, safety and welfare.
B. Avoid, prevent and eliminate the maintenance, continuation or creation of hazards to the public health or safety.
C. Avoid, prevent and eliminate conditions which, if permitted to continue or exist, will depreciate or tend to depreciate the value of adjacent or surrounding properties.
A. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
B. Sleeping rooms shall not constitute the only means of access to other sleeping rooms or habitable spaces.
C. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (6.5m) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6m) of floor area for each occupant thereof.
D. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.
E. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the following table:
Minimum Area Requirements
(minimum area in square feet)
Space: 1 to 2 occupants | 3 to 5 occupants | 6 or more
Living room: No requirements | 120 | 150
Dining room: No requirements | 80 | 100
Kitchen: 50 | 50 | 60
Bedrooms Shall comply with Subsection C above
F. Combined living room and dining room spaces shall comply with the requirements of the aforesaid table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
G.Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.
H. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm).
I. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counterfronts and appliances or counterfronts and walls.
J. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities, and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
EAST ORANGE
ARTICLE XIV, Occupancy Standards for Residences
§ 159-133. Dwelling units: net floor area.
A. Dwelling units in buildings containing no more than two dwelling units and such other buildings containing three or more dwelling units, conforming to the open space requirements contained in Chapter 268, Zoning, applicable to such buildings, shall have the following occupancy standards: minimum net floor area shall be 150 square feet for the initial occupant, 250 square feet for two occupants, 350 square feet for three occupants and 100 square feet for each occupant thereafter, except that for the purpose of this section, children under one year of age shall not be counted as occupants.§ 159-134. Efficiency apartments: net floor area. [Amended 4-22-1968 by Ord. No. 27-1968]
B. Multiple dwellings not otherwise covered under Subsection A above shall have the following occupancy standards: minimum net floor area shall be 150 square feet for initial occupant, 150 square feet for second occupant and 100 square feet for each additional occupant, except that for the purpose of this section, children under one year of age shall not be counted as occupants.
Efficiency apartments constructed or under construction as of April 1, 1960, shall be permitted to have a minimum net floor area either 25% less than that required under § 159-133 or 33 1/3% less than that so required, provided that occupancy thereof is limited to one person only. To comply with this section, apartment units must be designed in conformity with modern standards of use of space to accommodate kitchen facilities, living and sleeping facilities and function so that all available habitable space is efficiently utilized.§ 159-135. Sleeping rooms: net floor area.
Except as required under § 159-136, every room utilized for sleeping purposes shall have a minimum net floor area of 70 square feet for the initial occupant and 50 square feet of additional net floor area for each additional occupant; except that children under one year of age shall not be counted as occupants for the purposes of this section.§ 159-136. Additional floor area requirements under certain conditions.
Rooms utilized for sleeping purposes shall have a minimum net floor area of 90 square feet for the first occupant and 70 square feet for each additional occupant in:§ 159-137. Use of certain rooms or areas for sleeping prohibited.
A. Rooms utilized for sleeping purposes in which there are cooking facilities.
B. Rooms rented or available for rent in establishments subject to licensing.
Effective April 1, 1968, no cellar, kitchen, foyer, vestibule or living area used in common by residents of a dwelling unit or rooming unit shall be used for sleeping purposes, except that a living room area may be used by no more than one person either where the total occupancy does not exceed two persons or in dwelling units having an excess of 500 square feet of net floor area; provided, however, that all other occupancy standards as prescribed herein are satisfied. This section shall not apply to single-family dwellings.§ 159-138. Use of basements for human habitation restricted.
Basements may be utilized for human habitation provided that:§ 159-139. Single-family dwellings: occupancy, limitations.
A.There is sufficient light and ventilation as more particularly required by §§ 159-123 to 159-132, and natural light and ventilation are not restricted by reason of walls or other obstructions located within six feet of any window required pursuant to this section.
B.There is a second means of egress conforming to the requirements of § 159-96.
C. All furnaces or other heating facilities are so located, insulated and separated from living areas by fireproof partitions or walls necessary pursuant to regulations of the Fire Chief so that the same do not constitute an undue hazard to the safety and health of the occupants.
D. The dwelling units and all walls and floors thereof are free of visible moisture and seepage at all times.
A single-family dwelling shall be occupied by persons composing an immediate family and no more than three other persons.§ 159-140. Dwelling units: occupancy limitations.
A dwelling unit, other than that constituting a single-family dwelling, shall be occupied by persons composing an immediate family and no more than two other persons.§ 159-141. Occupancy limitations: students excepted.
Notwithstanding the provisions of § 159-140, the Public Officer is authorized to permit, on an annual basis, a dwelling unit in a building containing six or more dwelling units to be occupied by not more than five college or university students pursuant to written leasing arrangements between the college or university where such students are enrolled as full-time students and the owner or operator of the building containing such dwelling unit, provided that:§ 159-142. Occupancy of independent rooming units limited.
A. A copy of the written leasing arrangements is filed with the Public Officer.
B. An appropriate official of such college or university submits a written agreement that he will cause adequate safeguards to be provided to ensure that such dwelling unit is properly maintained.
C. In all other respects the occupancy of such dwelling unit is in full compliance with this chapter.
Independent rooming units shall be rented for occupancy or occupied by adults and emancipated minors only.§ 159-143. Occupancy of one-room dwelling or rooming units limited.
Occupancy of dwelling units or rooming units having only one habitable room shall be limited to two persons.§ 159-144. Occupancy standards to be cumulative.
Nothing contained in this article shall be construed as permitting occupancy in violation of any other occupancy standard, all occupancy standards being cumulative and not in the alternative.§ 159-145. Posting of maximum occupancy and management certificate. [Amended 9-14-1970 by Ord. No. 43-1970; 12-14-1970 by Ord. No. 64A-1970]
A.The owner, operator or occupant of any multiple-family dwelling within the city shall permanently display within each dwelling unit in the vicinity of the main entranceway a certificate which shall set forth occupancy information in conformity with the requirements of this chapter.
(1) Such certificate shall read as follows:B.Owners shall further be required to maintain a record which lists separately each dwelling unit by number and location, its legal maximum occupancy, the names and relationships of its occupants and the birth dates of all minors. Where it is required that a superintendent be on the premises, he shall also have a copy of this record.
"This dwelling unit (# ) may be occupied by a maximum of _____ persons. Those who may legally occupy within this total are the responsible head of family, spouse, the parents and children, including adopted children, of said head of family and spouse, plus no more than two other persons, provided that in no case may the total number of persons exceed the maximum occupancy figure shown above. For the purposes of determining occupancy, children under the age of one year shall not count as occupants."
(2) The certificate shall also list the name and telephone number of the owner, managing agent and superintendent where one is required. Where, however, both owner and managing agent exist, one telephone number shall suffice. In any event, the name and address of owner must appear, and if corporate-owned, the name of the registered agent as well as the corporate name must be shown.
C. If, upon expiration of the first complete month following proper installation of the required occupancy and management certificate, any dwelling unit is found to be overcrowded or illegally occupied, the occupant of such unit shall be liable as "operator" under the provisions of this chapter and shall be subject to all penalties therefor.
D.Removal of the required certificate or altering its provisions without written notice to and acknowledgment by the Public Officer shall be a violation of this chapter.
§ 159-146. Mail service. [Amended 12-14-1970 by Ord. No. 64A-1970]
The owner shall provide and maintain for all occupants mail receptacles which conform to all federal postal laws and regulations. In dwellings of two or more units, identification by name and unit number shall be placed upon each mail receptacle. Where locks are provided, they must be kept in working order. Nothing herein shall be construed as a requirement to provide these facilities for transient guests or within hotels or licensed premises, provided that there is a responsible person on the premises designated by the owner and known to postal authorities who shall, on behalf of the owner, receive mail for guests and distribute or make same available for pickup.
UNION
§ 170-136.2. Occupancy limitations. [Added 3-10-1992 by Ord. No. 4181]Link to online story.
A. No dwelling unit shall be occupied by more than one person for the first 100 square feet of floor space, exclusive of kitchens, baths and basements, plus 75 square feet of floor space for each additional occupant. See §§ 170-131 and 170-132.EN
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
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