[HISTORY: Adopted by the Township Committee
of the Township of Delanco as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-18-1998 by Ord. No. 3-1998; amended in its entirety 11-14-2016 by Ord. No. 2016-11]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, shall have
the following meaning:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this article. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boardinghouse or other dwelling unit consisting of one or
more rooms occupying all or part of a floor or floors in a building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment be designed for
residence, for office or the operation of any industry or business
or for any other type of independent use.
A rental facility, as that term is defined herein, that consists
of 20 or more rental units.
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust which owns, operates, exercises
control over or is in charge of a rental facility.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
The person to whom the registration is issued pursuant to
this article. The term "registrant" includes, within its definition,
the term "agent," where applicable.
The registration issued by the Township Clerk or designee
attesting that the rental unit has been properly registered in accordance
with this article.
Every building, group of buildings or a portion thereof which
is kept, used, maintained, advertised or held out to be a place where
living accommodations are supplied, office space is provided or space
is provided for the operation of any industry or business or for storing
equipment, supplies or personal items, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments, apartment complexes, garages, offices
or office complexes.
A unit which is available for lease or rental purposes and
is meant to include individual apartments located within apartment
complexes and individual offices or garages located within complexes.
All rental units shall hereafter be registered with the Township
Clerk or designee of the Township of Delanco, or such other person
as designated by the Township Committee, on forms which shall be provided
for that purpose and which shall be obtained from the Township Clerk
or designee. Such registration shall occur on an annual basis as provided
herein.
Each rental unit shall be registered. The registration term
shall commence on April 1 and shall be valid until March 31 of the
following calendar year, at which time it shall expire and a new registration
shall be required. No rental unit shall hereafter be rented unless
the rental unit is registered in accordance with this article.
All rental units shall be registered as provided herein. Every
owner shall file with the Township Clerk or designee of the Township
of Delanco or such other person as designated by the Township Committee
a registration form for each unit contained within a building or structure
which shall include the following information:
A.
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same
persons. In the case of a partnership, the names and addresses of
all general partners shall be provided, together with the telephone
numbers for each of such individuals indicating where such individual
may be reached both during the day and evening hours. If the record
owner is a corporation, the names and addresses of the registered
agent and corporate officers of said corporation, together with the
telephone numbers for each of such individuals indicating where such
individual may be reached both during the day and evening hours.
B.
If the address of any record owner is not located in Delanco Township
or in Burlington County, the name and address of a person who resides
in Burlington County and who is authorized to accept notices from
a tenant and to issue receipts therefor and to accept service of process
on behalf of the record owner.
C.
The name and address of the agent of the premises, if any.
D.
The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian or other individual employed by
the owner or agent to provide regular maintenance service, if any.
E.
The name, address and telephone number of an individual representative
of the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the premises or any unit of
dwelling space therein, including such emergencies as the future of
any essential service or system, and who has the authority to make
emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith.
F.
The name and address of every holder of a recorded mortgage on the
premises.
G.
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
H.
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this provision, an owner shall submit a floor plan which shall
become part of the application and which shall be attached to the
registration form when filed by the Township Clerk or designee. As
to each rental unit, a list of the tenant(s) named on the lease, all
adults residing under the lease, and the total number of individuals
occupying the unit under the lease. Names of children of tenants occupying
the premises need not be provided. Names of tenants are required in
order to monitor changes in tenancy under this article.
I.
Such other information as may be prescribed by the Township.
The Township Clerk or designee shall index and file the registration
forms. In doing so, the Township Clerk or designee shall follow the
mandates of N.J.S.A. 40:48-2.12m, as amended and supplemented, so
that the filing of the registration form will simultaneously satisfy
the registration requirements of N.J.S.A. 46:8-28-40:48-12m, to the
extent that it applies to the property being registered and will also
satisfy the registration requirements of this article.
Every person required to file a registration form pursuant to
this article shall file an amended registration form within 20 days
after any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment except where
the ownership of the premises is changed. With regard to large rental
facilities, they shall file a biannual report reflecting any changes
in tenancy, and no fee shall be required unless there is a change
in ownership.
A.
Each rental unit shall be inspected at least once every twelve-month
period.
[Amended 10-4-2021 by Ord. No. 2021-19]
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Township of Delanco, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Township of Delanco shall not be
used as a valid substitute.
C.
Such inspection shall be for the purpose of determining Zoning Ordinance[1] compliance and, to the extent applicable, to determine
if the property complies with the Property Maintenance Code, Uniform
Construction Code, BOCA Maintenance Code, Housing Code and/or Building
Code and/or Uniform Fire Safety Act.
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit indicates the need for maintenance and repairs, such property shall not thereafter be registered, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with applicable code(s) and the property is thereafter subsequently reinspected, approved and registered. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made, and all required reinspections scheduled, within 60 days, and if not made within that time period, the owner shall be deemed in violation of this article, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 234-18 of this article. The inspector may approve the submission of a "completion of ordered repairs certification" in lieu of an on-site reinspection for minor repairs at the discretion of the inspector. Said "completion of ordered repairs certification" shall be submitted to the Municipal Clerk's office within two weeks of the failed inspection. Failure to submit said certification within two weeks shall require an on-site reinspection and payment of the appropriate reinspection fee.
E.
Notwithstanding the above, any rental unit that is covered by a state inspection pursuant to the New Jersey Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., shall be permitted to submit proof of that inspection and approval issued by the State Department of Community Affairs. Such inspection and approval shall satisfy the requirements of this article for the purposes of that year, and no fee shall be charged and no inspection shall be required by the Township during that calendar year. An annual registration form shall still be submitted to Township, in accord with § 234-4 of this article, with clear indication of reliance on the state inspection and that no municipal inspection or fee is required.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boardinghouses in order that they may promote the purposes
of this article to safeguard the health, safety and welfare of the
occupants of rental facilities, rental units and rooming/boardinghouses
and of the general public. For the purposes of making such inspections,
the inspecting officers are hereby authorized to enter, examine and
survey rental facilities, rental units and rooming/boardinghouses
at all reasonable times. The owner and occupant of every rental facility,
rental unit and rooming/boardinghouse shall individually and collectively
be responsible to give the inspecting officer free access to the rental
facility, rental unit and rooming/boardinghouse at all reasonable
times for the purpose of such inspections, examinations and surveys.
B.
Every occupant shall give the owner of the rental facility, rental
unit and rooming/boarding house access to any part of such rental
facility, rental unit and rooming/boarding house at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this article, an inspecting officer shall conduct an
inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Township of Delanco
which is not registered in accordance with this article.
Upon the filing of a completed registration application form
and payment of the prescribed fee and a satisfactory inspection, the
owner shall be entitled to the issuance of a registration. A registration
form shall be required for each rental unit, and a registration shall
be issued to the owner for each rental unit even if more than one
rental unit is contained in the property.
At the time of the filing of the registration application form
and prior to the issuance of a registration, the owner or agent of
the owner must pay a fee in accordance with the following:
A.
An annual registration fee of $100 for each unit.
B.
A first reinspection fee of $20 per rental unit; a second reinspection
fee of $40 per rental unit; a third and subsequent reinspection fee
of $100 per rental unit.
C.
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
N.J.S.A. 54:4-8.41, there shall be no fee.
D.
If any fee is not paid by the due date, a late fee surcharge of $30
per unit per month will be assessed.
E.
Notwithstanding the above, a large rental facility shall pay an annual
registration fee of $50 for each unit.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
article. This particular provision shall not apply to any hotel, motel
or guesthouse registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the registration
certificate in a conspicuous place within the rental unit(s).
A.
The maximum number of occupants shall be posted inside and outside each rental unit. It shall be unlawful for any such person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be in violation of this section shall be subject to the penalty provisions of § 234-18 of this article. Each rental unit shall place a placard at the general entry to the first-floor front door, and if there are separate entrances to units within the building or separate entrances from outside the building to other units, at each such entrance, indicating the maximum number of occupants for the applicable unit based upon the information on file with the Township as required in Subsection B below. Such placards must be at least 8 1/4 inches by 11 inches, with the number of occupants displayed at least four inches in height.
B.
Only those occupants whose names are on file with the Township as required in this article may reside in the registered premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 234-18 of this article.
No rental unit may be registered for any property containing
a rental unit unless all municipal taxes, water and sewer charges
and any other municipal assessments are paid on a current basis.
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and the BOCA National Property Maintenance
Code.
A.
Occupants. Only those occupants whose names are on file with the
Township Clerk as provided in the article may reside in the registered
premises. It shall be unlawful for any other person to reside in said
premises, and this provision may be enforced against the landlord,
tenant, sublessee or other person residing in said premises.
B.
Nuisance prohibited. No rental facility shall be conducted in any
manner which shall result in any unreasonable disturbance or disruption
to the surrounding properties and property owners or of the public
in general such that it shall constitute a nuisance as defined in
the ordinances of the Township of Delanco.
C.
Compliance with other laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Township of Delanco and with all
applicable state and federal laws.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the registration
issued hereunder upon the happening of one or more of the following:
(1)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(4)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this article.
(5)
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a registration
may be filed by any one or more of the following: Director of Public
Safety, Chief of Police, Construction Code Official, Housing Inspector,
the Zoning Enforcement Officer or any other persons or office authorized
to file such complaint. Such complaint shall be in writing and filed
with the Township Clerk or designee. The complaint shall be specific
and shall be sufficient to apprise the registrant of the charges so
as to permit the registrant to present a defense. The individual(s)
filing the complaint may do so on the basis of information and belief
and need not rely on personal information.
(2)
Upon the filing of such written complaint, the Township Clerk or
designee shall immediately inform the Township Committee, and a date
for a hearing shall be scheduled which shall not be sooner than 10
nor more than 30 days thereafter. The Township Clerk or designee shall
forward a copy of the complaint and a notice as to the date of the
hearing to the registrant and the agent, if any, at the address indicated
on the registration form. Service upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Township
Committee unless, in its discretion, the Township Committee determines
that the matter should be heard by a hearing officer, who shall be
appointed by the Township Committee. If the matter is referred to
a hearing officer, such officer shall transmit his findings of fact
and conclusions of law to the Township Committee within 30 days of
the conclusion of the hearing. The Township Committee shall then review
the matter and may accept, reject or modify the recommendations of
the hearing officer based on the record before such hearing officer.
In the event that the matter is not referred to a hearing officer
and is heard by the Township Committee, then the Township Committee
shall render a decision within 30 days of the conclusion of the hearing.
Following the hearing, a decision shall be rendered dismissing the
complaint, revoking or suspending the registration or determining
that the registration shall not be renewed or reissued for one or
more subsequent registration years.
(4)
A stenographic transcript shall be made of the hearing. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply, and the evidential rules and burden of proof shall be that
which generally controls administrative hearings.
(5)
The Township Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental registration
by demonstrating that the owner has taken appropriate action and had
made a good faith effort to abate the conditions or circumstances
giving rise to the revocation proceedings, including but not limited
to the institution of legal action against the tenant(s), occupant(s)
or guests for recovery for the premises, eviction of the tenant(s)
or otherwise.
