[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 7-11-2000 by Ord. No. 2000-4. Amendments noted where
applicable.]
Unless the context clearly indicates a different
meaning, the following words or phrases when used in this chapter
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 chapter. 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/boarding 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.
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent," where applicable.
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.
An individual, firm, corporation, partnership, association,
trust or other legal entity or any combination thereof.
Every building, group of buildings or a portion thereof which
is kept, sued, maintained, advertised or held out to be a place 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.
A dwelling unit, which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes.
All rental units shall hereafter be registered
with the Borough Clerk or designee of the Borough of Newfield or such
other person as designated by the Borough Council on forms which shall
be provided for that purpose and which shall be obtained from the
Borough Clerk or designee. Such registration shall occur on an annual
basis as provided herein.
[Amended 12-27-2012 by Ord. No. 2012-15]
Each rental unit shall be registered with each change in occupancy.
The license term shall commence on January 1 and shall be valid until
December 31 of that calendar year, at which time it shall expire and
a new registration shall be required. All annual inspections and all
payment of registration fees must take place on or before March 31
of the calendar year. Any lease which has been executed prior to the
adoption of this chapter shall not be affected, but the rental agreement
must, nevertheless, be registered, inspected and licensed in accordance
with this chapter. No rental unit shall hereafter be rented unless
the rental unit is registered and licensed in accordance with this
chapter.
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 licensed as provided herein. Every owner shall file with the Borough
Clerk or designee of the Borough of Newfield or such other person
as designated by the Borough Council 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
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. If
the record owner is a corporation, the name and address of the registered
agent and 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 Newfield or in Gloucester County, the name and address of a person
who resides in Gloucester County and who is authorized to accept notices
from a tenant and to issue receipts therefore 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 Borough Clerk
or designee;
I.
Such other information as may be prescribed by the
Borough.
The Borough Clerk or designee shall index and
file the registration forms. In doing so, the Borough Clerk or designee
shall follow the mandates 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 chapter.
Every person required to file a registration
form pursuant to this chapter, shall file an amended registration
form within 20 days after any changed 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.
A.
Each rental unit shall be inspected at least once in a twelve-month
period. However, all rental inspections shall be scheduled and take
place on or before March 31 of the calendar year.
[Amended 12-27-2012 by Ord. No. 2012-15]
B.
Such inspections shall be performed by such person,
persons or agency duly authorized and appointed by the Borough of
Newfield and inspections made by persons or an agency other than the
duly authorized and appointed person, persons or agency of the Borough
of Newfield shall not be used as a valid substitute.
C.
Such inspection shall be for the purpose of determining Zoning Ordinance compliance, and to the extent applicable, to determine if the property complies with the Borough's current Property Maintenance Code as established in Chapter 200, Uniform Construction Code, Housing Code, Building Code, and/or Uniform Fire Safety Act.
[Amended 5-8-2012 by Ord.
No. 2012-9]
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property, or his agent, shall no lease or rent such property, nor shall any tenant occupy the property until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 60 days, and if not made within that time period, the owner shall be deemed in violation of this chapter and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 207-18 of this chapter.
A.
The inspection officers are 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 chapter 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 herby 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 inspection
officer free access to the rental facility; rental unit and rooming/boarding
house 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/board 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
chapter or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint
alleging a reported violation of this chapter, 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 Borough of Newfield, which is not registered and licensed in accordance
with this chapter.
Upon the filing of a completed registration
form, and payment of the prescribed fee, 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 issue to the owner for each rental unit, even
if more than one rental unit is contained in the property.
[Amended 6-12-2007 by Ord. No. 2007-5; 3-9-2010 by Ord. No.
2010-2]
At the time of the registration form, and prior to the issuance
of a license, the owner or agent of the owner must pay a fee in accordance
with the following:
A.
An annual registration fee of $100;
[Amended 12-27-2012 by Ord. No. 2012-15; 6-10-2021 by Ord. No. 2021-3]
B.
A reinspection fee of $65;
[Amended 12-27-2012 by Ord. No. 2012-15; 6-10-2021 by Ord. No. 2021-3]
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
New Jersey Statute 54:4-8.41, there shall be no fee;
D.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $40 will be assessed.
Every owner shall provide each occupant or tenant
occupying a rental unit with a copy of the registration form required
by this chapter. 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 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 that 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 § 207-18 of this chapter.
B.
Only those occupants whose names are on file with the Borough as required in this chapter 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 shall be subject to the penalty provisions of § 207-18 of this chapter.
No rental unit may be registered and no license
shall issue 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 BOCA National Property Maintenance
Code.
A.
Occupants. Only those occupants whose names are on
file with the Borough Clerk as provided in this chapter 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 it shall constitute a nuisance as
defined in the ordinances of the Borough of Newfield.
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 Borough of Newfield
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 license issued here under upon the happening of one or more of
the following:
(1)
Conviction of a violation of this chapter in the municipal
court or any other court of competent jurisdiction.
(3)
Continuously renting the unit or units to tenant or tenants who are convicted of a violation of Chapter 172, Noise, of the Borough.
(4)
Continuously permitting the rental unit to be occupied
by more than the maximum number of occupants as defined in this chapter.
(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: 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 Borough 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 Borough
Clerk or designee shall immediately inform the Borough Council and
a date for a hearing shall be scheduled which shall be no sooner than
10 days nor more than 30 days thereafter. The Borough 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, and 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 Borough Council unless, in its discretion, the Borough
Council determines that the matter should be heard by a Hearing Officer
who shall be appointed by the Borough Council. If the matter is referred
to a Hearing Officer, such officer shall transmit his finding of fact
and conclusions of law to the Borough Council within 30 days of the
conclusion of the hearing. Borough Council shall then review the matter
and may accept, reject, or modify the recommendation 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 Borough Council, the Borough Council 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 license 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 Borough Solicitor or his designee shall appear
and prosecute on behalf of the complainant in all hearings conducted
pursuant to this section.
C.
Defenses.
(1)
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 involving
a rental license 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),
occupant(s) or guests for recovery of the premises; eviction of the
tenant(s) or otherwise.
[Amended 5-8-2012 by Ord.
No. 2012-9]
Any person who violates any provision of this
chapter shall, upon conviction in the Municipal Court of the Borough
of Newfield or such other court having jurisdiction, be liable to
a fine not exceeding $2,000 or imprisonment for a term not exceeding
90 days, and/or subject to a period of community service not exceeding
90 days. Each day that a violation occurs shall be deemed a separate
and distinct violations subject to the penalty provisions of this
chapter.