§ 306-6. Definitions.  


Latest version.
  • A. 
    As used in this article, the following terms shall have the meanings indicated:
    ABANDONED MOTOR VEHICLE
    A motor vehicle exposed to public view which does not have a valid registration and license plate and has no inspection sticker or an inspection sticker which has elapsed for more than 30 days of has been inoperative for more than 30 days because of the lack of essential components such as an engine or wheels.
    BATHROOM
    Any enclosed space which contains one or more of the following, i.e., bathtub, shower, water closet, lavatory, water closet compartment, washbowl, sink or fixtures serving similar purposes.
    BOARDING HOUSE
    Any building in which there are one or more independent rooms for sleeping, whether furnished or unfurnished, available for occupancy by five or more persons for compensation and where there are not individual eating facilities. Such buildings shall be governed by the provisions applicable to multiple-family dwelling.
    BOROUGH
    The Borough of Dumont, County of Bergen, State of New Jersey.
    BUILDING
    A combination of materials intended to form a safe and stable structure, used for multiple dwelling residential purposes and including any 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 or other evidence of physical decay, lacking structural maintenance, whether interior or exterior.
    DWELLING UNIT
    Any room or group of rooms forming a single habitable unit which includes or is intended to include living, sleeping, bathing, toilet and cooking facilities.
    EXPOSED TO PUBLIC VIEW
    Any building or premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighboring premises.
    EXTERIOR OF PREMISES
    Those portions of a building which are exposed to public view or the elements and the open space of any premises not occupied by any building.
    GARBAGE
    Animal, vegetable and other organic waste, resulting from handling, preparing, cooking and consumption of food or other products. (See also "refuse" and "rubbish.")
    HABITABLE ROOM
    A room occupied by one or more persons for living, eating or sleeping, but not including bathrooms, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, boiler and utility rooms or spaces that are not used frequently or for an extended period of time or areas that have less than 50 square feet of floor area.
    INFESTATION
    The presence of insects, rodents, vermin or other pests on or within the premises.
    MIXED OCCUPANCY
    Any building containing two or more dwelling units and also having a portion thereof devoted to nonresidential uses. The applicable provisions for residential buildings shall control the residential portions thereof and the applicable provisions for nonresidential buildings shall control the nonresidential portion thereof.
    MULTIPLE-FAMILY DWELLING
    A building designed for, arranged for, or actually containing three or more dwelling units for residential purposes.
    NONRESIDENTIAL
    The use of this word refers only to the nondwelling use of a mixed occupancy building.
    NUISANCE
    (1) 
    Any public nuisance known at common law or in law or equity jurisprudence, or as provided by the Statutes of the State of New Jersey, or the ordinances of the Borough.
    (2) 
    Physical conditions dangerous to human life or detrimental to health of persons including, but not limited to, any inadequately protected well, shaft, basement, excavation; abandoned motor vehicle, structurally unsound fence, wall or building, lumber, trash, debris, or vegetation such as poison ivy, oak, sumac, or ragweed or other condition which is or may be detrimental to the safety or health of persons, as well as anything which might constitute an attractive nuisance to children.
    (3) 
    Inadequate or unsanitary sewerage or plumbing facilities in violation of this code.
    (4) 
    Fire hazards.
    (5) 
    Electrical hazards.
    OCCUPANT
    Any person or persons, including the owner, having actual possession of, and using a building or any part thereof.
    OPERATOR
    Any person who has charge, care, or control of a building or premises, or part thereof, whether acting with or without the knowledge and consent of the owner.
    OWNER
    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, administrator, trustee, receiver or guardian of an estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee, a sublessee or assignee of all or any part of the building 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 such lessee.
    PREMISES
    A lot, plot, or parcel of land and any buildings located thereon, including, but not limited to, sidewalks, yards and parking areas.
    REFUSE
    All putrescible and nonputrescible solid wastes (except body wastes), including but not limited to brush, weeds, broken glass, debris of any description, garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles and solid market and industrial wastes.
    RUBBISH
    Combustible and noncombustible waste materials, excluding garbage, but including liquid commercial and industrial wastes.
    WEATHERING
    The deterioration, decay, or damage caused by exposure to the elements.
    B. 
    Meaning of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person and to females as well as males, and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing. The word "shall" shall be applied retroactively as well as prospectively.