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AN ORDINANCE TO AMEND AND SUPPLEMENT TITLE 18 HOUSING CODE CHAPTER 3 RESPONSIBILITY OF OWNER AND OPERATOR FOR GENERAL MAINTENANCE: OCCUPANCY STANDARDS; SECTION 18:3-1.7, ELIMINATION OF INSECTS, VERMIN AND RODENT REQUIREMENT FOR EXTERMINATION OF BEDBUGS.
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Whereas, pursuant to N.J.A.C. 5:28 1.12 (b) Responsibility of owners and occupants states that owners of a dwelling located in an area found by the Public Officer to be infested by rats, insects, or other vermin shall carry out such rat stoppage, vermin proofing, or other means of preventing infestations of said dwelling as may be required by the local health agency; and
Whereas, the City of Newark Department of Health and Community Wellness desires to establish the requirements for eradicating and preventing bedbugs infestation of a dwelling consistent with to N.J.A.C. 5:28 1.12 (b).
NOW, THEREFORE, BE IT ORDAINED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY,THAT:
Note: Additions are underlined and bolded. Deletions are shown with strikethroughs.
Section 1. Title XVIII, Housing Code Chapter 3 responsibility of Owner and Operator for General Maintenance: Occupancy Standards; Section 1.7, Elimination of Insects, Vermin and Rodent requirement for Extermination of Bedbugs of the Revised General Ordinances of the City of Newark, New Jersey, 2000, is hereby amended and supplemented to add paragraph (b), as follows:
18: 3-1.7 Elimination of Insects, Vermin and Rodents:
(b) The City of Newark Department of Health and Community Wellness requires every owner of a dwelling containing two or more dwelling units shall be responsible for the extermination of insects, rodents, vermin or other pests on the premises. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. As appropriate, but especially where the presence of bedbugs has been established, the owner shall treat (1) the two units on either side of the affected unit, (2) the units directly above and below the affected unit for a total of five units. A building owner is responsible to provide extermination service by a Licensed/Certified exterminator for bedbugs as many times as necessary to totally eliminate the reported bedbug infestation. As used in this ordinance, the term Licensed/Certified Exterminator means an exterminator who has had specialized training in bed bug eradication. Once the problem is eradicated, the building owner is not responsible to provide a treatment if a new bedbug problem arises with the same tenant during the remainder of the current calendar year. The owner’s responsibility to exterminate will be triggered upon receipt of a letter from the tenant stating the presence and description of the infestation and requesting extermination. A copy of the letter must be filed with the Division of Environmental Health and the Division of Neighborhood Services/Code Enforcement. The Health Inspector may direct the owner to utilize the type of treatment he or she deems appropriate depending on the type of infestation.
Section 2 All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Section 3. The City Clerk shall have this ordinance codified and incorporated in the official copies of the City of Newark Municipal Code.
Section 4. This ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
Section 5. The City Clerk may change any chapter numbers, article numbers and section numbers if codification of this ordinance reveals a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions.
Statement:
This ordinance supplements and amends Title XVIII, Chapter 3, Section 1.7, the required means of eradicating and preventing bedbugs infestation of a dwelling consistent with to N.J.A.C. 5:28 1.12 (b).