[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-1998 by Ord. No. 16-98]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning:
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, and 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 is designed for
residents, for office or the operation of any industry or business
or for any other type of independent use.
A story partly underground but having less than 1/2 of its
clear height, measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line, the height shall be measured from adjoining
grade level.
A story partly underground but having 1/2 or more of its
clear height, measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line, the height shall be measured from the
adjoining grade elevation. (See "basement.")
A room occupied by one or persons for living, eating or sleeping,
including kitchens, where provided, but not including serving and
storage pantries, corridors, bathrooms and spaces that are not used
frequently or during extended periods of time.
The Code Enforcement Officer, or his/her designee, or any
other person charged by the Borough of Clayton with the enforcement
of this chapter, which may include issuing violations of this chapter
by summons. The inspecting/inspection officer may request the assistance
of the Borough of Clayton Police Department or other police agency
when necessary to execute his or her official duty in a manner prescribed
by law.
[Added 4-12-2018 by Ord.
No. 6-2018]
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 individual who lives or sleeps in or has actual possession
of a dwelling unit.
Any person or group of persons, firm, corporation or association,
or officer thereof, who owns, operates or is in charge of a rental
facility.
An individual, firm, corporation, partnership, association,
trust or other local entity, or any combination thereof.
An individual who shall be responsible for receiving notice
of violation of this chapter and fulfilling the responsibility of
the owner of a rental facility to correct such violation. The registered
agent may be the owner. The registered agent must reside in the Borough
of Clayton or within a ten-mile radius of the Borough of Clayton.
The name, address and telephone number of such registered agent must
be filed with the Borough of Clayton as provided in this chapter.
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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling.
[Added 12-8-2022 by Ord. No. 19-2022]
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of Clayton 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.
Each rental unit shall be registered with each change in occupancy.
The license term shall commence on May 1 and shall be valid until
April 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 chapter.
Any lease which has been executed prior to the adoption of this chapter
shall not be affected, but the rental unit 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 Clayton 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
of 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
corporate officers of said corporation 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.
B.
If the address of any record owner is not located in Clayton or in
Gloucester County, the name and address of the person who resides
in Gloucester County and who is authorized to accept notices for 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 failure
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.
[Amended 12-27-2001 by Ord. No. 25-01]
At the time of the filing of the registration form, and prior
to the issuance of the license, the owner or agent of the owner must
pay a fee in accordance with the following:
B.
A reinspection fee of $25 (on second and subsequent reinspections).
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.
Said license shall be displayed in a conspicuous place in the
licensed premises so it can be seen from outside.
A.
Inspection; penalty for not appearing. A fee of $100 shall be charged
to any landlord who fails to appear or have an authorized person appear
for an inspection as scheduled.
B.
If the inspecting officer finds noncompliance with any requirement
of this chapter, he shall furnish the owner with a written statement
specifying the same. The owner may thereupon do any of the following:
(1)
Remedy the defect(s) and request a reinspection. One reinspection
will be made at no charge. If additional reinspections are necessary,
a fee of $25 shall be charged for each reinspection thereafter.
(2)
Appeal the decision of the inspecting officer to the Borough of Clayton
in the manner hereinafter provided.
C.
Lead-based
paint hazard inspection frequency requirements; single-family, two-family,
and multiple rental dwellings.
[Added 12-8-2022 by Ord. No. 19-2022]
(1)
This section is adopted pursuant to N.J.S.A. 52:27D-437.16.
(2)
The following is required in regard to lead-based paint hazard inspections
for single-family, two-family and multiple rental dwellings:
(a)
The Housing Officer shall inspect every single-family, two-family,
and multiple rental dwelling located within the Borough at tenant
turnover for lead-based paint hazards or by July 22, 2024, whichever
is earlier. Thereafter, all such units shall be inspected for lead-based
paint hazards the earlier of every three years or upon tenant turnover,
except that an inspection upon tenant turnover shall not be required
if the owner has a valid lead-safe certification pursuant to this
section.
(c)
A rental dwelling owner or landlord may directly hire a lead evaluation contractor who is certified by the New Jersey Department of Health to provide lead paint inspection services to satisfy the requirements of Subsection C(1).
(d)
The Housing Officer or lead evaluation contractor with the duty
to inspect single-family, two-family, and multiple dwellings pursuant
to this section may consult with the Local Heath Board, the Department
of Health, or the Department of Community Affairs concerning the criteria
for the inspection and identification of areas and conditions involving
high risk of lead poisoning in dwellings, methods of detection of
lead in dwellings, and standards for repair of dwellings containing
lead paint.
(e)
Fees established pursuant to this subsection shall be dedicated
to meeting the costs of implementing and enforcing this subsection
and shall not be used for any other purpose.
(3)
Notwithstanding Subsection B of this section to the contrary, a dwelling unit in a single-family, two-family, or multiple dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner, and has no
outstanding lead violations from the most recent cyclical inspection
performed on the multiple dwelling under the "Hotel and Multiple Dwelling
Law," N.J.S.A. 55:13A-1.
(d)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
(e)
Has a valid lead-safe certification issued in accordance with
this section.
(4)
Lead-based paint hazard inspection and remediation.
(a)
In the event a lead evaluation contractor or Housing Officer
finds that lead-based paint hazard exists in a dwelling unit upon
conducting and inspection pursuant to this section, then the owner
of the dwelling unit shall remediate the lead-based paint hazard by
using abatement or lead-based paint hazard control methods, approved
in accordance with the provisions of the Lead Hazard Evaluation and
Abatement Code N.J.A.C. 5:17-1.1 et seq. Upon the remediation of the
lead-based paint hazard, the lead evaluation contractor or permanent
local agency shall conduct an additional inspection of the unit to
verify that the hazard no longer exists.
(b)
In the event a lead evaluation contactor of Housing Officer finds that no lead-based paint hazards exist in a dwelling unit upon conducting and inspection pursuant to this section or following remediation of a lead-based paint hazard pursuant to Subsection C(4)(a), then the lead evaluation contractor of Housing Officer shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to Section 8 of N.J.S.A. 52.27D-437.20. The lead-safe certification provided to the property owner pursuant to this subsection shall be valid for two years.
(5)
In the event a lead evaluation contractor or Housing Officer finds
that a lead-based paint hazard exists in a dwelling unit upon conducting
an inspection pursuant to this section, notification shall be made
to the Commissioner of Community Affairs, in accordance with Section
8 of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.8.
(6)
Beginning on July 22, 2022, property owners shall notify the Housing
Officer of all tenant turnovers.
(7)
In addition to the fees permitted to be charged for inspection of
rental housing pursuant to this section, each unit owner shall be
charged an additional fee of $20 per unit inspected by a certified
lead evaluation contractor or permanent local agency for the purposes
of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.1
et seq., concerning lead hazard control work, unless the unit owner
demonstrated that the Department of Community Affairs has already
assessed an additional inspection fee of $20 pursuant to the provision
of Section 10 of N.J.S.A. 52:27D-437.10. In a common interest community,
any inspection fee charged pursuant to this subsection shall be the
responsibility of the unit owner and not the homeowners' association,
unless the association is the owner of the unit. The fees collected
pursuant to this subsection shall be deposited in the "Lead Hazard
Control Assistance Fund" established pursuant to Section 4 of the
N.J.S.A. 52:27D-437.4.
(8)
A rental owner that has failed to comply with the requirements for
inspection and/or remediation and abatement after 30 days' written
notice to cure shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
No rental facility license shall be issued or allowed to remain
in effect unless the following standards are complied with:
A.
Maintenance.
(1)
Every foundation, floor, wall, ceiling, door, window, roof or other
part of the building shall be kept in good repair and capable of the
use intended by its design, and any exterior parts or part thereof
subject to corrosion or deterioration shall be kept well painted.
(2)
Every inside and outside stairway and every porch or appurtenance
thereof shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and kept in sound condition and good repair. Every stairway having
three or more steps shall be properly banistered.
(3)
Every porch, balcony, roof and/or similar place higher than 30 inches
above the ground used for egress or for use by occupants shall be
provided with adequate railings. Such protective railings shall be
properly balustraded and shall not be less than three feet in height.
No person shall enter upon any such porch, balcony, roof and/or similar
place higher than 30 inches above the ground which is not equipped
with such protective balustraded railings, except in the performance
of maintenance or repair work.
(4)
Every roof, wall, window, exterior door and hatchway shall be free
from holes or leaks that would permit the entrance of water within
a dwelling or be a cause of dampness.
(5)
Every foundation, floor and wall shall be free from chronic dampness.
(6)
Every rental facility shall be free from rodents, vermin and insects.
Rodent or vermin extermination and rodent-proofing may be required
by the inspecting officer or the Board of Health.
(7)
Every rental facility shall be clean and free from garbage or rubbish
and hazards to safety. Lawns, hedges and bushes shall be kept trimmed
and shall not be permitted to become overgrown and unsightly. Fences
shall be kept in good repair.
(8)
The inspecting officer or the Board of Health may issue an order
to clean, repair, paint, whitewash or paper such walls or ceilings
when a wall or ceiling in a dwelling has deteriorated so as to provide
a harborage for rodents or vermin, or when such wall or ceiling has
become stained or soiled or where the plaster wallboard has become
loose or badly cracked or missing.
(9)
Every water closet compartment, floor and bathroom floor shall be
constructed and maintained as to be reasonably impervious to water
so as to permit such floor to be kept in a clean condition.
(10)
The owner shall provide adequate trash containers sufficient for
use by the occupants. In the event that there are four or more occupants,
the owner shall provide at least one trash tote, which is approved
by the Borough, for each four occupants or a fraction thereof. Said
trash containers or trash totes shall be placed at the curb on designated
pickup days and removed therefrom after pickup in accordance with
the applicable ordinances of the Borough.
B.
Minimum requirements.
[Added 5-23-2002 by Ord.
No. 7-02]
(1)
Every rental facility shall have carbon monoxide detectors installed
on every floor.
(2)
Every exterior door shall have a thumb screw lock installed on the
same.
(3)
Every multifamily housing unit shall have an interconnected hardwired
smoke detector system for every floor.
(4)
Every wood stove shall have a construction permit issued prior to
installation and a certificate of approval after installation from
the Construction Official.
(5)
Every rental unit shall have GFIC outlets/breakers for all kitchen
and bathroom areas.
(6)
Every rental unit shall be free of all hazards that may cause harm
or endanger the life or health of the occupants.
(7)
Every rental unit not connected to municipal water and/or sewer must
have certifications for said systems.
(a)
The water certification, at a minimum, shall declare the water
safe for human consumption from a certified laboratory and within
the required state guidelines for human water consumption.
(b)
The septic system and/or cesspools shall be certified by a duly
approved and/or licensed person or business entity that the system
is in good working condition with no obvious problems.
A.
Each rental unit shall be inspected at least once every twelve-month
period with a ten-day notification.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of Clayton, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Borough of Clayton shall not be used
as a valid substitute.
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 not 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 § 76-21 of this chapter.
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 chapter 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 purpose 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 or occupant of every rental facility,
rental unit and rooming/boardinghouse shall 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/boardinghouse access to any part of such rental facility,
rental unit and rooming/boardinghouse 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.
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 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 Clayton.
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 Clayton and with all applicable state and federal
laws.
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 § 76-21 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 and shall be subject to the penalty provisions of § 76-21 of this chapter.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Borough of Clayton
which is not registered and licensed in accordance with this chapter.
Upon 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 day of the next calendar year. A
registration form shall be required for each rental unit, and a license
shall be issued to the owner for each rental unit even if more than
one rental unit is contained in the property.
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.
All dwelling units shall be maintained in accordance with the
Uniform Construction Code.[1]
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.
A.
Grounds. In addition to any other penalty prescribed herein, an 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 chapter 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 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 Official, Housing Inspector, the Zoning
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 not be sooner than 10 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, 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 Borough
Council unless, in its discretion, the Borough Council determines
that the matter shall be heard by a hearing officer or hearing officers
who shall be appointed by the Borough Council. If the matter is referred
to a hearing officer, such officer shall transmit his findings 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 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 Borough Council, then 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 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 control 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. It shall be a defense to any proceeding for 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), occupant(s)
or guests for recovery of the premises, eviction of the tenant(s)
or otherwise.
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Clayton or such other court having jurisdiction, be subject to the penalty provided in Chapter 1, General Provisions, Article I, Enforcement; General Penalty, § 1-2, Maximum penalty.
Whenever an inspecting officer finds that an emergency exists
with reference to a rental facility and the provisions of this chapter
which require immediate action to protect the health of the occupants
or the general public, he may, without notice or hearing, serve an
order upon the owner reciting the existence of such emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. The owner to whom the order is directed shall comply
therewith immediately, but upon appeal to the Borough Council, as
hereinabove provided, shall be afforded a hearing as hereinbefore
provided as soon as possible, within a period not to exceed 10 days.
The order shall state the right to such hearing.
[Adopted 3-5-2019 by Ord. No. 2019-1]
A.
The owner
of a rental unit or units shall maintain liability insurance for negligent
acts and omissions in an amount of not less than $500,000 for combined
property damage and bodily injury to or death of one or more persons
in any one accident or occurrence.
B.
The owner
of multifamily home which is four or fewer units, one of which is
owner-occupied, shall maintain liability insurance for negligent acts
and omissions in an amount of no less than $300,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accident or occurrence.
The owner of a rental unit or units, and the owner of a multifamily
home of four or fewer units, one of which is owner-occupied, shall
annually register the certificate of insurance demonstrating compliance
with § 75-23 of this article with the municipality in which
the rental units or multifamily home is located.
The Borough may enforce the registration provisions of this
article through a summary proceeding pursuant to the "Penalty Enforcement
Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and may
collect a fine of not less than $500 but not more than $5,000 against
an owner who failed to comply with the provisions of this act.
