As used in Chapter
251, the following terms shall have the meanings indicated:
AGENT or MANAGING 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 salesperson 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 salesperson of the State
of New Jersey if such person designated by the owner as his or her
agent is so licensed.
CERTIFICATE OF INSPECTION
The document issued by the Township Rental Coordinator attesting
that the rental unit has been properly inspected in accordance with
this article.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Township to enforce the applicable code(s).
INSPECTEE
The person to whom the certificate of inspection is issued
pursuant to this article. The term "inspectee" includes within its
definition the term "agent" where applicable.
INSPECTION YEAR
One calendar year from the date of the issuance of a certificate
of inspection.
LANDLORD
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises or all or part of the
beneficial ownership and a right to the present use and enjoyment
of the premises, including a mortgage holder in possession of a rental
unit. Also see "owner."
OCCUPIER
Every person, who alone or severally with others, legally
resides in, has possession of, or controls a property within the Township
of Pennsauken.
OWNER
A.
Every person, entity, landlord, or mortgagee, who alone or severally
with others:
(1)
Has legal or equitable title to any rental dwelling, dwelling
unit, mobile dwelling unit, building, structure, parcel of land, vacant
or otherwise, including but not limited to a mobile home park; or
(2)
Has legal care, charge or control of any dwelling, dwelling
unit, mobile dwelling unit, building, structure or parcel of land,
vacant or otherwise, including a mobile home park, in any capacity,
including but not limited to agent, executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the holder of
legal title; or
(3)
Is a mortgagee in possession of any such property, or is a mortgagee
with actual control of access to the property by any means including,
but not limited to, changing locks or putting on a lock box; or
(4)
Is an agent, trustee, or other person appointed by the courts
and vested with possession or control of any such property.
B.
The property manager shall not be considered the owner.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity or any combination thereof.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this article.
RENTAL PROPERTY
Any structure or portion of a structure within the Township
of Pennsauken which is occupied by someone other than the owner of
the real estate for residential or commercial purposes, including
but not limited to the following: boarding homes, mobile homes, mobile
home spaces, town homes, dormitories, and condominium unit(s), and
for which the owner receives any value or consideration, including
but not limited to money, or the exchange of goods or services, regardless
of the relationship between lessor and lessee.
RENTAL UNIT
Residential one-dwelling-unit rental, including individual
condominium units, two-dwelling-unit premises and/or boarding homes.
In the case of a two-dwelling unit where the owner occupies one of
the units, the unit the owner occupies shall not be considered a rental
unit but must register the second unit as a rental unit. For the purposes
of this chapter, any residential unit, one-dwelling unit or two-dwelling
unit, where the unit is not occupied by the owner of the property,
even if rent is not being charged or collected, shall be considered
a rental unit.
TENANT
One person or persons to whom a rental unit is leased or
rented by the inspectee. All children under 12 years of age shall
be excluded from the term "tenant."
TOWNSHIP RENTAL COORDINATOR
The municipal official or employee designated to receive
rental inspection applications and to issue certificates of inspection
pursuant to this article.
[Amended 12-20-2018 by Ord. No. 2018:19]
All rental units, as defined in §
251-17 of this article, shall hereafter be inspected at least once within a twelve-month period by the Building Department. Rental inspection applications shall be provided for that purpose and shall be obtained from the Building Department. Such inspection shall occur within a twelve-month period as provided herein. Properties registered as a result of Chapter
244 (Property, Vacant, Foreclosed, Abandoned; Vacant Properties Not in Default) are not subject to this article. Any owner who is subject to the registration and fee requirements of Chapter
244, Property, Vacant, Foreclosed, Abandoned; Vacant Properties Not in Default, and has paid the required fees shall be exempt from the registration and inspection fees required under this article, upon proof of payment.
No rental unit shall hereafter be occupied unless the rental
unit is issued a certificate of inspection in accordance with this
article.
[Amended 9-5-2018 by Ord.
No. 2018:15]
A. Any person, firm, association or corporation violating any of the
provisions of this article shall, upon conviction, be subject to one
or more of the following: a fine not less than $500 or greater than
$2,000, and/or imprisonment in the county jail for a term not exceeding
90 days, and/or a period of community service not exceeding 90 days,
in the discretion of the Municipal Court Judge.
B. Any person, firm, association or corporation who is convicted of
violating this article within one year of the date of a previous violation
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person, firm, association or corporation
for a repeated offense shall not be less than the minimum or exceed
the maximum fine fixed for a violation of the article but shall be
calculated separately from the fine imposed for the violation of the
article.
C. The foregoing penalties shall be in addition to any other penalty
provided in this article and shall be in addition to those penalties
set forth in N.J.S.A. 46:8-35.