HIGHTSTOWN: Boro to update housing code to better address public safety and overcrowding issues

By Amy Batista, Special Writer
The Township Council is expected to amend its “Housing” ordinance tonight (Sept. 21) to better address public safety and overcrowding issues.
The revisions have been proposed by the borough’s code office, according to Borough Administrator Henry Underhill.
Councilman Charles “Lee” Stults, who is the council’s liaison to the construction office, said, “Dave Bell (housing inspector) is really rolling up his sleeves this year and hitting the street. These are recommended provisions to our ordinance based on public safety factors and overcrowding issues.”
The revisions are related to specific incidents, he added.
The proposed ordinance’s purpose is to establish and maintain every person’s right to a decent home, located in a desirable, suitable and well-kept neighborhood; to establish minimum standards governing the required plumbing, heating and electrical facilities and their maintenance; to establish minimum standards governing the conditions and maintenance of dwellings and other structural things and conditions on the inside and outside of dwellings and the premises surrounding dwellings; to make dwellings safe, sanitary and fit for decent living; to establish minimum standards governing the conditions of dwellings offered for rent, fixing the responsibilities of both owners and occupants of dwellings; to authorize and command the inspection of dwellings and the condemnation of dwellings unfit for human habitation; and to fix the penalties for violations.
Mr. Stults said the requirement for carbon monoxide alarms is being added to the ordinance.
“It’s the silent killer,” he said.
He said a detector should be located outside of all sleeping areas.
Mayor Larry Quattrone said he thinks the original ordinance was put together before carbon monoxide detectors existed.
“Now we added it to the ordinance because it is a safety issue,” he said.
Councilman Stults said a big change is prohibiting the use of extension cords.
“That’s a direct result of the fire on Hausser Avenue,” he said. “Electrical codes start being amended over time to locate outlets closer to each other along the wall. It’s to prevent people from plugging in extension cords and adding this directly gives our housing inspector that ability faster to cite something.”
Mayor Quattrone said inspectors have found refrigerators and hot plates plugged into extension cords.
“These are all definitely safety concerns,” he said.
Another area of concern that the proposed ordinance will address is the placement of keyed or combination locks on interior doors and closets.
“That’s one extra barrier for the fire and police to get in there to help someone during a fire, so that’s where that came from,” he said.
The ordinance would not prevent the use of privacy locks that lock from inside, he added.
The proposed ordinance has a section on overcrowding.
Attics would be okay to use for housing as long as they meet the state housing code, according to Mr. Stults.
However, the location of mattresses or bedding materials in prohibited areas of a dwelling unit and the existence of cooking appliances, and/or refrigeration units, excluding freezer appliances, in inappropriate areas of a dwelling would be subject to citation as determined by the housing inspector.
“They would go up into attics that were unfinished and find mattresses and the tenant or the landlord would say this is where I am storing my mattress with the sheets still on it,” Mr. Stults said.
The proposed ordinance would also increase inspections fees for a Certificate of Compliance Required for Occupancy from $80 to $100 and there would be an additional fee increase from $25 to $50 for each additional inspection required due to the failure of an owner to comply with the provisions. There would also be a fee increase for a Certificate of Compliance.
The registration process would also change to require a separate registration and license for each rental unit that states the full names of all tenants residing in the unit.
“They’re also proposing a one-year period so that the units would be inspected once a year,” Mr. Stults added.
The proposed licensing year would run from April 1 through March 31 of the following year.
“They would have to be approved at the same time every year,” he said, adding that this revision is for landlords.
He continued, “That’s a big one going from a two-year inspection to a one-year inspection. It will really get the word out that the town is serious about cleaning themselves up and making it safe and better for everybody. We are serious. We are not letting things slide.”
Completed rental registration applications would be due by April 30. Beginning May 1, a late fee of $25 per month/per unit would be assessed on all rental renewal applications, according to the proposed ordinance.
Councilman Stults said failure to receive notice of the change from the borough would not constitute grounds for failing to register.
“It’s no longer the borough’s fault,” he said, adding that records are kept regarding every notice letter the borough sends. “They can’t play dumb.”
At the end of the discussion, Councilman Stults suggested penalties for violations.
“I would like to be able to have the ability to issue a fine for $2,000 or imprisonment for a term not exceeding 90 days,” he said. “This would be an increase of $1,000 from the current penalty.”
Mr. Underhill noted that the judge should take note of repeat offenders.
“There is a maximum amount,” he said.
Borough Attorney Frederick Raffetto agreed with fining repeat offenders the maximum amount but allowing for the “judge’s discretion” depending upon the particular circumstances. 