Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mansfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 14.
Fire prevention — See Ch. 21A.
Property maintenance — See Ch. 25.
Noise — See Ch. 32.
Nuisances — See Ch. 33.
Senior citizens tax exemption — See Ch. 54, Art. II
[Adopted 11-26-2002 by Ord. No. 2002-28]

§ 39D-1 Definitions.

Unless the context clearly indicates a different meaning, the following words or phrases, when used in this article, shall have the following meaning:
AGENT
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.
APARTMENT COMPLEX
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.
APARTMENT or DWELLING
Any apartment, cottage, bungalow or house or any room or rooms in a rooming/boarding house, house 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.
LICENSE
The license issued by the Township Clerk or designee attesting that the rental unit has been properly registered and inspected in accordance with this article.
LICENSEE
The person to whom the license is issued pursuant to this article. The term "licensee " includes within its definition the term "agent" where applicable.
OWNER
Any person or group of persons, firm, corporation, or officer thereof, partnership, association or trust who owns, operates, exercises control over or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENTAL FACILITY
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, whether furnished or unfurnished, for pay or other consideration, to one or more individuals and is meant to include apartments and apartment complexes.
RENTAL UNIT
A dwelling unit that is available for lease or rental purposes and is meant to include individual apartments located within apartment complexes, including one- and two-family attached and detached dwelling units.

§ 39D-2 Registration.

All rental units shall hereafter be registered with the Township Clerk or designee of the Township of Mansfield or such other person as designated by the Township Committee on forms which shall be provided for that purpose and which shall be obtained for the Township Clerk or designee. Such registration shall occur on an annual basis as provided herein.

§ 39D-3 Registration term; initial registration provisions.

[Amended 6-8-2016 by Ord. No. 2016-8]
Each rental unit shall be registered and inspected with each change of occupancy or ownership. The permit term shall commence on October 1 and shall be valid until September 30 of the following calendar year, at which time it shall expire and a new registration shall be required. The initial registration shall occur within 45 days following the adoption of this article. Any lease which has been executed prior to the adoption of this article shall not be affected; however, the rental unit must nevertheless be registered and inspected in accordance with this article. No rental unit shall hereafter be rented unless the rental unit is registered and inspected in accordance with this article.

§ 39D-4 Registration forms; filing; contents.

Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered and inspected as provided herein. Every owner shall file with the Township Clerk-Administrator or designee of the Township of Mansfield 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, including the dwelling unit number, of each occupant or tenant occupying the rental unit.
B. 
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 partnership, the names and address 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.
C. 
If the address of any record owner is not located in Mansfield 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 therefor and to accept service of process on behalf of the record owner.
D. 
The name and address of the agent of the premises, if any.
E. 
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.
F. 
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 regarding the building and any repair thereto or expenditure in connection therewith.
G. 
If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name, address and telephone number of the approved fuel oil dealer servicing the building and the grade of fuel oil used.
H. 
The name, address and telephone number of the certified HVAC maintenance contractor that is approved to service the heater in case of emergency. Certification of the heating system shall be provided upon the initial registration and also upon the annual registration renewal, The type of heating system shall also be provided.
I. 
As to each rental unit, a specification of the exact number of occupant 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 with the Township Clerk or designee.
J. 
Such other information as may be prescribed by the Township.

§ 39D-5 Registration form; indexing and filing; public inspection; fee.

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. 46:8-28.1 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 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this article.

§ 39D-6 Registration form; amendments; filing.

[Amended 6-8-2016 by Ord. No. 2016-8]
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.

§ 39D-7 Periodic inspections.

A. 
Each rental unit shall be inspected upon every change in tenancy.
B. 
Each rental unit, if tenancy or ownership does not change, shall be inspected at least, but not limited to, once every four years.
[Amended 6-8-2016 by Ord. No. 2016-8]
C. 
Such inspections shall be performed by such person, persons or agency authorized and designated by the Township of Mansfield. Inspections made by person, persons or an agency other than the duly authorized or designated person, persons or agency of the Township of Mansfield shall not be used as a valid substitute.
D. 
Such inspection shall be for the purpose of determining compliance with the New Jersey Uniform Fire Code under the jurisdiction of the State Bureau of Fire Safety, and to the extend applicable, to determine if the property complies with the International Property Maintenance Code/2015 (IPMC), Mansfield Township Property Maintenance Code.[1]
[Amended 6-8-2016 by Ord. No. 2016-8]
[1]
Editor's Note: See Ch. 25, Property Maintenance.
E. 
Unsatisfactory inspection. In the event that the inspections of a rental unit indicated the need for maintenance and repairs, such property shall not thereafter be registered, nor shall a license be issued, 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 inspected, approved, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 45 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 § 39D-18 of this article.

§ 39D-8 Access for inspections and repairs.

A. 
The inspection officer(s) is hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming/boarding houses 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/boarding houses 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/boarding houses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming/boarding house shall give the inspecting officer free access to the rental facility, rental unit and rooming/boarding house at all reasonable time 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 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 office shall conduct an inspection as hereinbefore provided.

§ 39D-9 Prohibitions on occupancy.

No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Township of Mansfield, which is not registered and licensed in accordance with this article.

§ 39D-10 License.

[Amended 6-8-2016 by Ord. No. 2016-8]
Upon the filing of a completed registration form and a satisfactory inspection, the owner shall be entitled to the issuance of a license commencing on the date of issuance and expiring on the same date of the next calendar year. A registration form shall be required for each rental unit, and license shall be issued to the owner for each rental unit, even if more than one unit is contained in the property.

§ 39D-11 Fees.

At the time of the filing of the registration form for the rental property license, and prior to issuance of a license, the owner or agent of the owner must pay a fee in accordance with the following:
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, which contained an initial registration fee, was repealed 6-8-2016 by Ord. No. 2016-8.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, which contained an annual registration renewal fee, was repealed 6-8-2016 by Ord. No. 2016-8.
C. 
An inspection fee of $100 per rental unit.
[Amended 6-8-2016 by Ord. No. 2016-8]
D. 
A reinspection fee of $100 per re-inspected unit.
[Amended 6-8-2016 by Ord. No. 2016-8]
E. 
If the owner of the property is a senior citizen who resides in a unit or 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; however, the rental unit must still be registered.
F. 
If any fee is not paid within 30 days of its due date, a late fee surcharge of $30 per unit will be assessed, which will accrue on a monthly basis starting from the original due date.

§ 39D-12 Providing registration form to occupants and tenants.

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 guest house 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 copy of the approved registration form must also be forwarded to the Township Clerk's office.

§ 39D-13 Maximum number of occupants; posting.

A. 
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum 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 subject to the penalty provisions of § 39D-18 of this article.
B. 
Only those occupants whose names are on file with the Township as required in this article may reside in the licensed 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 § 39D-18 of this article.

§ 39D-14 Taxes and other municipal charges; payment precondition for registration and license.

No rental unit may be registered and no license shall be issued 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.

§ 39D-15 Other rental unit standards.

[Amended 6-8-2016 by Ord. No. 2016-8]
All dwelling units shall be maintained in accordance with the Uniform Construction Code and the International Property Maintenance Code/2015 (IPMC).

§ 39D-16 Occupant(s) standards.

A. 
Occupants. Only those occupants whose names are on file with the Township Clerk as provided in the article may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and this provision may be enforced against the landlord, tenant or other person residing in said premises.
B. 
Nuisance prohibited. No rental facility shall be conducted in a 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 is shall constitute a nuisance as defined in the ordinances of the Township of Mansfield.
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 Mansfield and with all applicable state and federal laws.
D. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 39D-18 of this article.

§ 39D-17 Revocation of license; procedure.

A. 
Grounds. In addition to any other penalty prescribed herein, any owner may be subject to the revocation or suspension of the license 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.
(2) 
Determination of a violation of this article at a hearing held pursuant to § 39D-17B herein.
(3) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance of the Township.[1]
[1]
Editor's Note: See Ch. 32, Noise.
(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 license may be filed by any one or more of the following: Fire Code Enforcement Officer, Director of Public Safety/Chief Law Enforcement Officer, Construction Code Official, Housing Inspector, the Zoning Enforcement Officer, the Township Clerk/Administrator 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 licensee of the charges so as to permit the licensee 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 days 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 licensee 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 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 license or determining that the license shall not be renewed or reissued for one or more subsequent 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, as needed.
C. 
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental license by demonstrating that the owner has taken appropriate action and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupants or guests for recovery of the premises, eviction of the tenant(s) or otherwise.

§ 39D-18 Violations and penalties.

A. 
Any person who fails to register a rental facility, rental unit or rooming/boarding house under the provisions of this article within 60 days of the final adoption, publication and notification of this article shall be liable to a fine not exceeding $250.
B. 
Any person who violates any other provision of this article shall, upon conviction in the Municipal Court of the Township of Mansfield or such other court having jurisdiction, be liable to a fine not exceeding $500. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article.