[Amended 10-14-2014 by Ord. No. 1863; 3-22-2016 by Ord. No. 1888; 4-25-2023 by Ord. No. 2089
A. An annual
registration application must be completed for each dwelling unit
within the Borough available for rent to tenants. Without infringing
upon the requirements of N.J.S.A. 46:8-28, all dwelling units within
the Borough available for rent to tenants shall be registered and
inspected as provided herein. Every owner shall file with the Code
Enforcement Director or his/her designee a registration application
for each individual unit contained within a dwelling available or
offered for rent or currently rented for each yearly cycle as outlined
in this chapter. Every owner of any dwelling unit available for rent
to tenants (or currently rented) shall be responsible for registering
as provided herein, including any renewals, amendments, or updates,
without any further notice from the Borough
B. Every owner
is required to provide each occupant or tenant occupying a rental
unit with a copy of the completed registration application and Borough-issued
registration certificate.
C. Upon the filing of a completed registration application, payment of the prescribed fee, and, if deemed necessary as outlined below, contingent upon a satisfactory inspection, the Borough shall issue a license permitting occupancy. Upon issuance of a license, the Borough shall deem the rental unit as "registered." Once registered, the owner shall be entitled to offer such unit(s) for rent, or continue to offer such unit(s) for rent until the following annual rental registration and inspection yearly renewal cycle as detailed in §
320-1G. All rental units must nevertheless be registered yearly and inspected once per every three yearly renewal cycles in accordance with this chapter. No rental unit shall thereafter be rented unless the rental unit is registered and inspected in accordance with this chapter. Each rental unit must be registered, and no person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit, which is not registered
D. Every person required to file a registration application pursuant to this chapter shall file an amended registration application within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment, except where the ownership or tenancy of the premises is changed as detailed in Chapter
158. In the event of a change in ownership or tenancy, a re-rent/re-sale application and inspection must take place as detailed in Chapter
158.
E. When a
registration and inspection application is submitted, the Borough
of Middlesex Zoning and Construction Office will determine whether
the unit has been inspected within the last three yearly renewal cycles
and, if not, provide notice to the owner of the rental unit to schedule
an inspection. The owner and/or occupant is required to give the inspecting
officer free access to the rental facility at all reasonable times
for the purpose of such inspection.
F. No person
shall hereafter occupy any rental unit, nor shall the owner permit
occupancy of any rental unit which is not registered.
G. The registration
of a rental unit shall remain valid until the 30th of June closest
in future temporal proximity to the Borough's issuance of a license
to the owner. For example, if registration occurs on the 31st of May,
it shall be valid until the 30th of June of that same calendar year.
However, if registration occurs on the 1st of July, it shall be valid
until the 30th of June of the next calendar year. Upon expiration
of a rental unit's registration, the owner shall be required to re-register
as outlined in this chapter for each yearly renewal cycle. Renewal
applications shall be due by the 15th of June of each year and upon
prompt payment and, subject to any necessary inspections as outlined
by this chapter, a registration certificate shall be issued.
[Amended 4-25-2023 by Ord. No. 2089]
The Borough shall conduct inspections on all units available for rent and/or currently being rented on a three-year cycle. Every three years, upon the mailing of least 10 days' advanced notice from the Borough, the owner shall make the rental unit available for inspection for the purpose of determining Zoning Ordinance compliance, compliance with the Borough's Property Maintenance Code as outlined in Chapter
317, compliance with the State Housing Code and the provisions adopted in Chapter
436, and, to the extent applicable, to determine if the property complies with the Uniform Construction Code, BOCA Property Maintenance Code, Housing Code and/or Building Code, and the Uniform Fire Safety Act, or any other applicable codes, laws, regulations and/or ordinances. Failure to make the rental unit available for inspection shall be considered a violation of this chapter. Upon determining compliance, and upon the receipt of any necessary fees, the Code Enforcement Director or their designee shall cause to be issued a registration certificate. In the event the unit is not due for an inspection for the current yearly renewal cycle, a certificate shall be issued upon receipt of the annual registration application and fee. Notwithstanding the provisions of this Section, periodic inspections may be required in the discretion of the Code Enforcement Director upon notice to the owner if the Code Enforcement Director has been made aware of any complaints that, if substantiated, would put the owner in violation of this chapter or any of the aforesaid applicable codes, laws, regulations, or ordinances.
[Amended 9-10-2013 by Ord. No. 1843; 4-25-2023 by Ord. No. 2089]
A. Fees shall
be as follows:
(1) The
annual registration fee shall be $150 per unit per yearly renewal
cycle and shall be due upon the filing of the registration application.
This annual registration and inspection fee shall aid the Borough's
costs incurred for determining the condition of rental facilities,
ensuring compliance with applicable codes and laws, and safeguarding
the health, safety, and welfare of any occupant.
B. In the
event a rental unit is not registered as provided herein or the owner
has not paid the registration fee by the due date as outlined above
for the yearly renewal cycle within 30 days of its due date, a late
fee surcharge of $10 per dwelling unit per month will be assessed
for each calendar month or any part thereof following the due date
of such fee.