[HISTORY: Adopted by the Town Council of the Town of Phillipsburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-2018 by Ord. No. O:2018-05[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Registration and Licensing, adopted 3-15-2005 by Ord. No. O:2005-08, as amended.
The purpose of this article is to insure the health, safety and welfare of all tenants residing in rental properties as well as all other residents and visitors to the Town of Phillipsburg.
For use in this article only, the following words and phrases shall have the meanings respectively ascribed to them by this section:
LANDLORD and OWNER
Any person who owns any legally cognizable interest in any rental property, including, but not limited to, outright ownership or ownership through a partnership, corporation or limited liability company.
OWNER-OCCUPIED
The primary residential living unit of the owner is located within the rental property.
PEST MANAGEMENT PROFESSIONAL
A person who: i) is licensed, registered, or certified by the State of New Jersey to perform pest control services; ii) has attended courses or undergone training on the proper method for the extermination of pests; and iii) follows the National Pest Management Association Best Practices.
PROPERTY MAINTENANCE
The cleanliness and proper working order and upkeep of all areas and facilities of the rental unit, rental property or complex used by the tenants and the public.
RENTAL PROPERTY
Any house, structure, building or complex which contains one or more individual residential rental units other than owner-occupied houses, structures or buildings.
RENTAL UNIT
Includes that portion of a house, building or structure rented or offered for rent, for living and dwelling purposes to individuals or family units.
RESIDE
To live or dwell permanently or continuously for more than 14 days. Said days need not be consecutive, but must occur within a reasonably short period of time to evidence an intent to utilize the rental unit as the person's primary place of residence.
TENANTS
Those persons who have leased the rental unit from the owner, regardless of the type of tenancy under which they occupy the rental unit.
A. 
The provisions of this article shall not apply to owner-occupied units located within a rental property.
B. 
The provisions of this article shall not apply to rental properties under the supervision of Public Housing Authorities or that exclusively provide restricted senior housing or housing for the developmentally disabled.
A. 
The owner of every rental property located in the Town of Phillipsburg and regulated by this article shall file a rental property registration statement with the Town Clerk. Forms for said filing can be obtained from the Town Clerk. The Town Clerk shall provide copies of all rental property registration statements to the 911 Dispatch, the Police Chief, the Fire Chief, the construction and zoning officials, all other applicable local enforcement agencies and the local Board of Education. Said information will be kept confidential, and any personal identifying information will not be distributed or utilized in any manner not set forth herein unless required by law.
B. 
A rental property registration statement shall be filed on an annual basis for each rental unit on or before May 1 of each year. The annual registration fee for each unit shall be $100.
C. 
The rental property registration statement form shall require the submission of the following information:
(1) 
The name, address and telephone number 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 of all general partners shall be provided. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation;
(2) 
If the owner or a representative of same does not actually reside within the Town or a ten-mile radius thereof, or does not maintain an office in the Town for the purpose of transacting business, the owner or representative shall register the name and address of a person or persons who resides within Town or who maintains an office in the Town who will be responsible for the maintenance and operation of the dwelling or dwelling units in accordance to the provisions of this article and who will be authorized to receive notices and process on behalf of the owner or operator in connection with the enforcement of this article;
[Amended 3-3-2020 by Ord. No. O:2020-05]
(3) 
The name, address and telephone number of the managing agent of the premises, if any;
(4) 
The name, address and telephone number, including the dwelling unit, apartment or room number, of the superintendent, janitor, custodian or other individual employed by the record owner or managing agent to provide regular maintenance service, if any;
(5) 
The name, address and telephone number of an individual representative of the record owner or managing 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 failure of any essential service or system, and who has the authority to make emergency decisions concerning the building, any repair thereto, disruption of utilities or expenditures in connection therewith and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency;
(6) 
The name and address of every holder of a recorded mortgage on the premises;
(7) 
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 (When deemed necessary, Town officials may provide for the purchase of home heating oil or other fuel and may, thereafter, attach a lien on the subject rental property for all costs.);
(8) 
The number of tenants over the age of two years authorized to reside in each rental unit, including the number of tenants over the age of two years but under the age of 19 years (school-age children). The information contained in the rental property registration statement must set forth information for each unit within the rental property and must include the number of tenants actually residing in each rental unit;
(9) 
As to each rental unit, the owner shall provide a floor plan of the rental unit, which shall depict the number, dimensions and location of each room in the rental unit. No space shall be used for sleeping purposes which has not been so designated as a sleeping area on the floor plan provided by the owner and approved by the local enforcing agency, which shall be on file with the Construction Official; and
(10) 
Such other information as may be deemed necessary to enforce this article.
D. 
In the event the tenancy of a rental unit changes during the year, the owner or managing agent shall, within 30 days of the change in tenancy, provide an updated rental property registration statement. This shall be in addition to the requirements for obtaining a certificate of habitability for the change of tenancy. A "change in tenancy" shall mean the addition of any person not included in the annual statement, or deletion of any person on the annual statement. Failure to provide the required information shall be deemed a violation of this article, and owners, managing agents and tenants may be held accountable for inaccurate rental property registration statements.
A. 
Inspections pursuant to this article shall be conducted on an annual basis unless good cause exists for requiring an earlier inspection.
B. 
All rental units subject to this article shall be inspected by the enforcement officers duly authorized to conduct inspections for purposes of determining compliance with all applicable local, state and federal laws, regulations, ordinances, and codes, including, but not limited to, the Uniform Construction Code, local zoning ordinances, the property maintenance code, health codes, housing codes and fire codes.
C. 
The owner and/or managing agent on record with the Town shall be notified of said inspections before they commence and shall, by request, be required to be present during said inspections. The owner and/or managing agent must, upon receiving notice of pending inspections, immediately notify all affected tenants of the pending inspections. Reasonable efforts will be made by the Town to conduct said inspections at a mutually convenient date and time.
D. 
The owner and/or managing agent and the tenant(s) shall make the subject rental units fully available for all required inspections and are required to make all necessary arrangements to facilitate such inspections. Where inspections have been scheduled, but the owner, managing agent and/or tenants fail to make the subject rental unit(s) available at the scheduled date and time, the owner and/or tenant(s) may be fined for violation of this article pursuant to § 464-10.
E. 
Inspections shall only be made with the consent of at least one of each rental unit's tenants who is of legal age to grant such consent. Absent such consent, inspections may only be conducted following the issuance of an administrative search warrant, unless there is reason to believe that a violation exists which poses an immediate threat to health or safety, requiring inspection and abatement without delay. Reasonable attempts shall be made to provide advance notice to the owner and/or managing agent and to obtain consent from the tenant(s).
F. 
In the event of a tenant's refusal to allow entry for inspections, the inspecting officer may, upon affidavit, apply to the Judge of the Municipal Court for a search warrant setting forth the reasonable basis for believing that there exists a nuisance, violation of this article and/or violation of other local, state or federal laws, regulations, ordinances and/or codes.
G. 
In the event that the inspections of a rental unit do not result in a satisfactory outcome, the owner, managing agent and/or tenants shall complete all required repairs or corrections within the time prescribed by the inspecting officials or applicable code, and if not made within that time period, the owner and/or tenants shall be deemed in violation of this article, and every day that said violation continues unabated shall constitute a separate and distinct violation subject to the penalty provisions herein. Failure to abate said violations may result in the revocation of a certificate of occupancy. In the event of the revocation of a certificate of occupancy, relocation of tenants shall be required. Such relocation shall be made at the owner's expense pursuant to the provisions of § 464-7.
A. 
No person shall occupy any rental unit without first securing a certificate of habitability, nor shall the owner and/or managing agent permit occupancy of any rental unit unless the rental unit has been registered and in compliance with the provisions of this article.
B. 
The owner shall post the maximum authorized number of occupants in a conspicuous area within the rental unit. It shall be unlawful for any person, including the owner, managing agent and/or tenants, to allow a greater number of persons than the posted maximum number of occupants to reside in the rental unit. This provision may be enforced against the owner, managing agent and/or tenants as well as against the unauthorized persons residing in the rental unit under this article or any other applicable local, state or federal law, regulation, ordinance or code.
A. 
No rental property or unit shall be conducted or maintained in a manner that constitutes a nuisance. The owner and the tenants will be held responsible for any such conditions and/or activities, and such conditions and/or activities shall constitute a violation of this article as well as violations of any other applicable local, state or federal laws, regulations, ordinances and/or codes.
B. 
Owners and/or tenants shall be liable to the Town for the cost of reinstating utility operations should any utilities to a rental property or rental unit be permitted to lapse either by the owner or the tenants.
C. 
Owners shall be held fully liable to the Town for relocation costs incurred due to the displacement of any tenants pursuant to N.J.S.A. 20:4-4.1.
A. 
Owners are required to enter into a written lease with the persons renting each rental unit. A copy of said lease must be provided to the Town Clerk within 10 days of its execution.
B. 
In addition to those provisions required by other local, state and federal laws, regulations, ordinances and codes, owners shall also include the following additional provisions in every written lease entered into or renewed following the date of adoption of this article:
(1) 
A provision setting forth the maximum number of residents permitted in the unit and a clear description of the location of designated sleeping areas.
(2) 
A provision confirming that the tenants agree to permit reasonable inspections of their rental unit by duly authorized officials upon reasonable notice to the tenants. This provision must additionally require that the owner and/or managing agent, upon receiving notice of pending inspections from the Town, will immediately provide notice of the pending inspections to the tenants.
A. 
Landlord's pest control responsibility.
(1) 
It is the responsibility of every landlord to provide pest control services when an infestation of pests is found or reasonably suspected on the landlord's premises. The landlord must continue to provide such services until such time as evidence of pests can no longer be found or verified on the premises. Every landlord shall maintain a written record of all pest control measures performed and shall include reports and receipts prepared by the pest management professional relating to those measures taken. This record shall be maintained for three years and shall be open to inspection by the Town.
(2) 
A landlord shall provide the pest control services within 10 days after: 1) a bedbug is found or reasonably suspected anywhere on the premises; or 2) being notified in writing by a tenant of a known or reasonably suspected pest infestation on the premises or in the tenant's rental unit.
B. 
Method of extermination. The extermination of pests shall be by inspection and, if necessary, the treatment of the dwelling unit on either side of the affected dwelling unit and the unit directly above and below the affected dwelling unit. This pattern of inspection and treatment shall be continued as necessary until no further infestation is detected.
C. 
Landlord's duty of nonretaliation. The landlord may not retaliate in any manner, including by terminating a tenancy, increasing rent, decreasing services, threatening litigation, or refusing to renew a tenancy, against a tenant who in good faith requests or furthers in any manner the treatment of a known or reasonably suspected pest infestation or who in good faith registers a complaint with the Town or other appropriate authority alleging a violation of the requirements of this Chapter 464. Any landlord who violates this section shall pay the affected tenant penalty equivalent to two months rent, shall return the tenant all security deposits and advanced front payments, and shall forfeit the right to require any further security deposit.
[Amended 11-20-2018 by Ord. No. O:2018-35]
D. 
Tenant's responsibility.
(1) 
Within 15 days after a tenant finds or reasonably suspects a pest infestation in the presence of the tenant's dwelling unit, the tenant shall notify the landlord in writing of such infestation, or of any recurring or unexplained bites, stings, irritation, or sores of the skin or body which the tenant reasonably suspects are caused by bedbugs. This notification shall describe with specificity the evidence and location of any infestation. On receipt, the landlord shall file a copy of the notification with the Town.
(2) 
The tenant shall cooperate with the landlord in the control, treatment, and eradication of the pest infestation found or reasonably suspected in the tenant's rental unit. As part of this cooperation, the tenant shall:
(a) 
Not interfere with inspections or treatments;
(b) 
After reasonable notice in writing to the tenant, grant access at reasonable times to the tenant's rental unit for purposes of infestation inspection or treatment;
(c) 
Make any necessary preparations prior to treatment in accordance with any pest management professional's recommendations; and
(d) 
Promptly dispose of any personal property that a pest management professional has determined cannot be treated or cleaned, by enclosing such personal property in a plastic bag and clearly labelling it as infested prior to transporting such property out of the dwelling unit.
(3) 
Prior to inspection or treatment for the infestation, the landlord shall send a written notice to the tenant of the rental unit being inspected or treated, advising the tenant of the tenant's responsibilities under this section and setting forth the specific preparations required of the tenant.
E. 
Enforcement. Town inspectors shall have authority to inspect the interior and exterior of buildings and attached lands for the infestation, and when any evidence of an infestation of pests is found, to report such evidence to the appropriate Town authority.
F. 
Violations and penalties. Any person who violates this § 464-9 shall be fined not less than $300 nor more than $500 for the first violation, not less than $500 nor more than $1,000 for the second violation, and not less than $1,000 nor more than $2,000 for the third or subsequent violation. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
Any person violating any of the provisions of this article, other than § 464-9, shall, upon conviction, be subject to a penalty as stated in Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Town of Phillipsburg.
[Adopted 11-7-2018 by Ord. No. O:2018-22A]
The purpose of this article is to address substandard and deteriorating buildings which are a public safety threat and nuisance, and whose blighting effect diminishes health, public safety and property values in the neighborhoods in which they are located.
As used in this article, the following terms shall have the meanings indicated:
BUILDING
Any building or structure and the land appurtenant thereto in which at least half of the net square footage of the building is used for residential purposes; and shall not include any one-to-four-unit residential building in which the owner occupies one of the units as his or her principal residence.
CODE
Any housing, property maintenance, fire or other public safety code applicable to a residential building, whether enforced by the municipality or by a state agency.
COMMISSIONER
The Commissioner of Community Affairs.
DEPARTMENT
The Department of Community Affairs;
LIENHOLDER or MORTGAGE HOLDER
Any entity holding a note, mortgage or other interest secured by the building or any part thereof.
OWNER
The holder or holders of title to a residential building.
PARTY IN INTEREST
1) any mortgage holder, lien holder or secured creditor of the owner; 2) any tenant living in the building; 3) any entity designated by more than 50% of the tenants living in the building as their representative; 4) the public officer; or 5) a nonprofit entity providing community services in the municipality in which the building is located.
PLAINTIFF
A party in interest or a qualified entity that files a complaint pursuant to Section 4 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-117).
PUBLIC OFFICER
An officer of the municipality appropriately qualified to carry out the responsibilities set forth in P.L. 2003, c. 295 (N.J.S.A. 2A:42-114 et al.) who shall be designated by the mayor.
QUALIFIED ENTITY
Any person or entity registered with the Department on the basis of having demonstrated knowledge and substantial experience in the operation, maintenance and improvement of residential buildings.
TENANT
A household that legally occupies a dwelling unit in a residential building.
A summary action or otherwise to appoint a receiver to take charge and manage a building may be brought by a party in interest or qualified entity in the Superior Court of New Jersey, Warren County.
A building shall be eligible for receivership if it meets one of the following criteria:
A. 
The building is in violation of any state or municipal code to such an extent as to endanger the health and safety of the tenants as of the date of the filing of the complaint with the court, and the violation or violations have persisted, unabated, for at least 90 days preceding the date of the filing of the complaint with the court; or
B. 
The building is the site of a clear and convincing pattern of recurrent code violations, which may be shown by proofs that the building has been cited for such violations at least four separate times within the 12 months preceding the date of the filing of the complaint with the court, or six separate times in the two years prior to the date of the filing of the complaint with the court and the owner has failed to take action as set forth in Section 9 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-122).
A. 
A complaint submitted to the court shall include a statement of the grounds for relief and:
(1) 
Documentation of the conditions that form the basis for the complaint;
(2) 
Evidence that the owner received notice of the conditions that form the basis for the complaint, and failed to take adequate and timely action to remedy those conditions; and
(3) 
With respect to any building that contains nonresidential facilities, including but not limited to commercial or office floor space, the complaint shall provide explicit justification for the inclusion of the nonresidential facilities in the scope of the receivership order; in the absence of such justification, the court shall exclude such facilities from the scope of the receiver's duties and powers.
B. 
The complaint may include a recommendation of the receiver to be appointed.
A. 
The plaintiff shall serve the complaint and any affidavits or certifications that accompanied the complaint upon the parties in interest, the current owner of the property, and all mortgage holders and lienholders of record determined by a title search and in accordance with the Rules of Court.
B. 
Unless tenants have been provided with written notice to the contrary or the plaintiff has knowledge to the contrary, the business address at which the owner or an agent of the owner may be served shall be that address provided by the owner to the commissioner in registering the property under Section 12 of P.L. 1967, c. 76 (N.J.S.A. 55:13A-12).
A. 
If the court determines, after its summary hearing, that the grounds for relief set forth pursuant to Section 5 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-118) have been established, the court may appoint a receiver and grant such other relief as may be determined to be necessary and appropriate. The court shall select as the receiver the mortgage holder, lienholder or a qualified entity, as defined pursuant to Section 3 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-116). If the court cannot identify a receiver, the court may appoint any party who, in the judgment of the court, may not have registered with the department pursuant to Section 31 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-142), but otherwise fulfills the qualifications of a qualified entity.
B. 
If the court determines, after its summary hearing, that the grounds for relief set forth pursuant to Section 5 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-118) have been established, but the owner presents a plan in writing to the court demonstrating that the conditions leading to the filing of the complaint will be abated within a reasonable period, which plan is found by the court to be reasonable, then the court may enter an order providing that in the event the conditions are not abated by a specific date, including the completion of specific remedial activities by specific dates, or if the conditions recur within a specific period established by the court, then an order granting the relief as requested in the complaint shall be granted. The court may require the owner to post a bond in such amount that the court, in consultation with the party bringing the complaint and the public officer, determines to be reasonable, which shall be forfeit if the owner fails to meet the conditions of the order.
C. 
Any sums advanced or incurred by a mortgage holder or lienholder acting as receiver pursuant to this section for the purpose of making improvements to the property, including court costs and reasonable attorneys' fees, may be added to the unpaid balance due said mortgage holder or lienholder subject to interest at the same rate set forth in the note or security agreement.
D. 
Nothing in this section shall be deemed to relieve the owner of the building of any obligation the owner or any other person may have for the payment of taxes or other municipal liens and charges, or mortgages or liens to any party, whether those taxes, charges or liens are incurred before or after the appointment of the receiver.
E. 
The appointment of a receiver shall not suspend any obligation the owner may have as of the date of the appointment of the receiver for payment of any operating or maintenance expense associated with the building, whether or not billed at the time of appointment. Any such expenses incurred after the appointment of the receiver shall be the responsibility of the receiver.
A. 
The receiver shall be entitled to necessary expenses and to a reasonable fee, to be determined by the court. The expenses incurred by a receiver in removing or remedying a condition pursuant to P.L. 2003, c. 295 (N.J.S.A. 2A:42-114 et al.) shall be met by the rents collected by the receiver or any other moneys made available for those purposes.
B. 
Nothing in P.L. 2003, c. 295 (N.J.S.A. 2A:42-114 et al.) shall be deemed to relieve the owner of the building of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner.
C. 
The activities of the receiver being appropriate and necessary to carry out a public purpose, the personnel, facilities, and funds of the municipality may be made available to the receiver at the discretion of the municipality for the purpose of carrying out the duties as receiver and the cost of those services shall be deemed a necessary expense of the receiver, which shall reimburse the municipality to the extent that funds are reasonably available for that purpose.
D. 
If the party in interest bringing a receivership action pursuant to Section 4 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-117) is the public officer, the municipality shall be entitled to its costs in filing an application to the court and reasonable attorney fees, to be determined by the court, which may be a lien against the premises and collectible as otherwise provided under law.
The Clerk shall keep a book in which (s)he shall record and file all proceedings required to be taken by virtue of the provisions of this article.
Nothing contained in this article is intended to conflict with the State of New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.), and any amendments thereto, or with any regulations promulgated thereunder pertaining to the construction and maintenance of hotels and multiple dwellings.