It is the intent of this article to establish an "Unlawful Residential Units" Ordinance and authorize new policies and procedures for the monitoring of illegal dwellings as a mechanism to protect and preserve the public health, safety, welfare, security, neighborhood vitality, economic vitality and the quiet enjoyment of residents, by:

For the purposes of this article, certain words and phrases used are defined as follows:

That a certain portion of the New Jersey Statutes Annotated, more specifically N.J.S.A. 2A:18-61.1 et seq., sometimes commonly referred to as the "Tenant's Bill of Rights," and as amended or supplemented from time-to-time, is adopted in its entirety by reference, as if fully set out in this chapter.

Any tenant who receives a notice of eviction pursuant to the provisions of N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner and/or landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section for permitting occupancy in an illegal dwelling.

Within 10 days following receipt of a notice to abate an unlawful occupancy in violation of the Zoning Ordinance of the Borough of Roselle or within 10 days following receipt of a summons for violation of this section or the Zoning Ordinance of the Borough of Roselle or prior to the institution of dispossess proceedings to correct an illegal occupancy, whichever first occurs, the owner of residential premises within the Borough of Roselle shall serve upon all of the unlawful occupants using or occupying said residential premises a copy of this section and shall post a copy of this section in a common area of the premises accessible to all the occupants thereof for inspection.

As defined in Chapter 595, Property Maintenance, § 595-53B, all premises within the Borough of Roselle covered by this section shall be subject to inspection from time to time by the Public Officer to determine the condition thereof in order that he/she may perform his/her 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 premises at reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section, and to issue summonses for any violations.

As defined in Chapter 595, Property Maintenance, § 595-53C, the Public Officer may determine that a building is unfit for human habitation, use or occupancy if found that conditions exist in such building which are dangerous or injurious to the health and/or safety of persons occupying or using the same or neighboring buildings or to other residents of the Borough of Roselle. Such conditions may include the following, without limiting the generality of the foregoing: the hazards of fire, accident or other calamities, dilapidation and deterioration.

Basements shall be used only in conjunction with the dwelling unit above. Use of basements as a separate dwelling unit is prohibited. Any modifications to an existing basement must be approved by the Planning Board.

Any residential attic used for other than incidental storage must meet the following criteria:

The administrative and enforcing authority for the provisions of this chapter shall be the Borough of Roselle Code Enforcement Officer. Additionally, enforcement authority shall also be vested in, but not limited to, the Building Department, Health Department, as well as the Police Department, Fire Department, and the Department of Public Works.

For any and every violation of the provisions of this article, the owner, realtor, general agent or contractor of a building or premises in which part such violation has been committed or shall exist, and the realtor, general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every violation and for each and every day that such violation continues, be subject to a fine of not more than $1,000 per day 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.