[Adopted 5-18-1998 by Ord. No. 3-1998; amended in its entirety 11-14-2016 by Ord. No. 2016-11]
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, any 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 be designed for
residence, for office or the operation of any industry or business
or for any other type of independent use.
LARGE RENTAL FACILITY
A rental facility, as that term is defined herein, that consists
of 20 or more rental units.
OWNER
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust which 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.
REGISTRANT
The person to whom the registration is issued pursuant to
this article. The term "registrant" includes, within its definition,
the term "agent," where applicable.
REGISTRATION
The registration issued by the Township Clerk or designee
attesting that the rental unit has been properly registered in accordance
with this article.
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, office space is provided or space
is provided for the operation of any industry or business or for storing
equipment, supplies or personal items, whether furnished or unfurnished,
for pay or other consideration, to one or more individuals and is
meant to include apartments, apartment complexes, garages, offices
or office complexes.
RENTAL UNIT
A unit which is available for lease or rental purposes and
is meant to include individual apartments located within apartment
complexes and individual offices or garages located within complexes.
All rental units shall hereafter be registered with the Township
Clerk or designee of the Township of Delanco, or such other person
as designated by the Township Committee, on forms which shall be provided
for that purpose and which shall be obtained from the Township Clerk
or designee. Such registration shall occur on an annual basis as provided
herein.
Each rental unit shall be registered. The registration term
shall commence on April 1 and shall be valid until March 31 of the
following calendar year, at which time it shall expire and a new registration
shall be required. No rental unit shall hereafter be rented unless
the rental unit is registered in accordance with this article.
All rental units shall be registered as provided herein. Every
owner shall file with the Township Clerk or designee of the Township
of Delanco 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 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 addresses 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 names and addresses of the registered
agent and corporate officers of said 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 Delanco 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 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 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 Township Clerk or designee. As
to each rental unit, a list of the tenant(s) named on the lease, all
adults residing under the lease, and the total number of individuals
occupying the unit under the lease. Names of children of tenants occupying
the premises need not be provided. Names of tenants are required in
order to monitor changes in tenancy under this article.
I. Such other information as may be prescribed by the Township.
J. Notwithstanding the above, a large rental facility shall submit one
master application with the following information attached:
(1) Floor plan of building attached;
(2) List of individual unit numbers with corresponding tenant information.
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. 40:48-2.12m, as amended and supplemented, so
that the filing of the registration form will simultaneously satisfy
the registration requirements of N.J.S.A. 46:8-28-40:48-12m, to the
extent that it applies to the property being registered and will also
satisfy the registration requirements of this article.
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 except where
the ownership of the premises is changed. With regard to large rental
facilities, they shall file a biannual report reflecting any changes
in tenancy, and no fee shall be required unless there is a change
in ownership.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Township of Delanco
which is not registered in accordance with this article.
Upon the filing of a completed registration application form
and payment of the prescribed fee and a satisfactory inspection, the
owner shall be entitled to the issuance of a registration. A registration
form shall be required for each rental unit, and a registration shall
be issued to the owner for each rental unit even if more than one
rental unit is contained in the property.
At the time of the filing of the registration application form
and prior to the issuance of a registration, the owner or agent of
the owner must pay a fee in accordance with the following:
A. An annual registration fee of $100 for each unit.
B. A first reinspection fee of $20 per rental unit; a second reinspection
fee of $40 per rental unit; a third and subsequent reinspection fee
of $100 per rental unit.
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.
D. If any fee is not paid by the due date, a late fee surcharge of $30
per unit per month will be assessed.
E. Notwithstanding the above, a large rental facility shall pay an annual
registration fee of $50 for each unit.
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 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).
No rental unit may be registered 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 the BOCA National Property Maintenance
Code.
A violation of this article shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.