[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-3-2018 by Ord.
No. O:2018-05[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Registration
and Licensing, adopted 3-15-2005 by Ord. No. O:2005-08, as amended.
The purpose of this article is to insure the health, safety
and welfare of all tenants residing in rental properties as well as
all other residents and visitors to the Town of Phillipsburg.
For use in this article only, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
The primary residential living unit of the owner is located
within the rental property.
A person who: i) is licensed, registered, or certified by
the State of New Jersey to perform pest control services; ii) has
attended courses or undergone training on the proper method for the
extermination of pests; and iii) follows the National Pest Management
Association Best Practices.
The cleanliness and proper working order and upkeep of all
areas and facilities of the rental unit, rental property or complex
used by the tenants and the public.
Any house, structure, building or complex which contains
one or more individual residential rental units other than owner-occupied
houses, structures or buildings.
Includes that portion of a house, building or structure rented
or offered for rent, for living and dwelling purposes to individuals
or family units.
To live or dwell permanently or continuously for more than
14 days. Said days need not be consecutive, but must occur within
a reasonably short period of time to evidence an intent to utilize
the rental unit as the person's primary place of residence.
Those persons who have leased the rental unit from the owner,
regardless of the type of tenancy under which they occupy the rental
unit.
A.
The provisions of this article shall not apply to owner-occupied
units located within a rental property.
B.
The provisions of this article shall not apply to rental properties
under the supervision of Public Housing Authorities or that exclusively
provide restricted senior housing or housing for the developmentally
disabled.
A.
The owner of every rental property located in the Town of Phillipsburg
and regulated by this article shall file a rental property registration
statement with the Town Clerk. Forms for said filing can be obtained
from the Town Clerk. The Town Clerk shall provide copies of all rental
property registration statements to the 911 Dispatch, the Police Chief,
the Fire Chief, the construction and zoning officials, all other applicable
local enforcement agencies and the local Board of Education. Said
information will be kept confidential, and any personal identifying
information will not be distributed or utilized in any manner not
set forth herein unless required by law.
B.
A rental property registration statement shall be filed on an annual
basis for each rental unit on or before May 1 of each year. The annual
registration fee for each unit shall be $100.
C.
The rental property registration statement form shall require the
submission of the following information:
(1)
The name, address and telephone number 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 of
all general partners shall be provided. If the record owner is a corporation,
the name and address of the registered agent and corporate officers
of said corporation;
(2)
If the owner or a representative of same does not actually reside
within the Town or a ten-mile radius thereof, or does not maintain
an office in the Town for the purpose of transacting business, the
owner or representative shall register the name and address of a person
or persons who resides within Town or who maintains an office in the
Town who will be responsible for the maintenance and operation of
the dwelling or dwelling units in accordance to the provisions of
this article and who will be authorized to receive notices and process
on behalf of the owner or operator in connection with the enforcement
of this article;
[Amended 3-3-2020 by Ord. No. O:2020-05]
(3)
The name, address and telephone number of the managing agent of the
premises, if any;
(4)
The name, address and telephone number, including the dwelling unit,
apartment or room number, of the superintendent, janitor, custodian
or other individual employed by the record owner or managing agent
to provide regular maintenance service, if any;
(5)
The name, address and telephone number of an individual representative
of the record owner or managing 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, any repair thereto,
disruption of utilities or expenditures in connection therewith and
shall, at all times, have access to a current list of building tenants
that shall be made available to emergency personnel as required in
the event of an emergency;
(6)
The name and address of every holder of a recorded mortgage on the
premises;
(7)
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 (When deemed
necessary, Town officials may provide for the purchase of home heating
oil or other fuel and may, thereafter, attach a lien on the subject
rental property for all costs.);
(8)
The number of tenants over the age of two years authorized to reside
in each rental unit, including the number of tenants over the age
of two years but under the age of 19 years (school-age children).
The information contained in the rental property registration statement
must set forth information for each unit within the rental property
and must include the number of tenants actually residing in each rental
unit;
(9)
As to each rental unit, the owner shall provide a floor plan of the
rental unit, which shall depict the number, dimensions and location
of each room in the rental unit. No space shall be used for sleeping
purposes which has not been so designated as a sleeping area on the
floor plan provided by the owner and approved by the local enforcing
agency, which shall be on file with the Construction Official; and
(10)
Such other information as may be deemed necessary to enforce
this article.
D.
In the event the tenancy of a rental unit changes during the year,
the owner or managing agent shall, within 30 days of the change in
tenancy, provide an updated rental property registration statement.
This shall be in addition to the requirements for obtaining a certificate
of habitability for the change of tenancy. A "change in tenancy" shall
mean the addition of any person not included in the annual statement,
or deletion of any person on the annual statement. Failure to provide
the required information shall be deemed a violation of this article,
and owners, managing agents and tenants may be held accountable for
inaccurate rental property registration statements.
A.
Inspections pursuant to this article shall be conducted on an annual
basis unless good cause exists for requiring an earlier inspection.
B.
All rental units subject to this article shall be inspected by the
enforcement officers duly authorized to conduct inspections for purposes
of determining compliance with all applicable local, state and federal
laws, regulations, ordinances, and codes, including, but not limited
to, the Uniform Construction Code, local zoning ordinances, the property
maintenance code, health codes, housing codes and fire codes.
C.
The owner and/or managing agent on record with the Town shall be
notified of said inspections before they commence and shall, by request,
be required to be present during said inspections. The owner and/or
managing agent must, upon receiving notice of pending inspections,
immediately notify all affected tenants of the pending inspections.
Reasonable efforts will be made by the Town to conduct said inspections
at a mutually convenient date and time.
D.
The owner and/or managing agent and the tenant(s) shall make the subject rental units fully available for all required inspections and are required to make all necessary arrangements to facilitate such inspections. Where inspections have been scheduled, but the owner, managing agent and/or tenants fail to make the subject rental unit(s) available at the scheduled date and time, the owner and/or tenant(s) may be fined for violation of this article pursuant to § 464-10.
E.
Inspections shall only be made with the consent of at least one of
each rental unit's tenants who is of legal age to grant such consent.
Absent such consent, inspections may only be conducted following the
issuance of an administrative search warrant, unless there is reason
to believe that a violation exists which poses an immediate threat
to health or safety, requiring inspection and abatement without delay.
Reasonable attempts shall be made to provide advance notice to the
owner and/or managing agent and to obtain consent from the tenant(s).
F.
In the event of a tenant's refusal to allow entry for inspections,
the inspecting officer may, upon affidavit, apply to the Judge of
the Municipal Court for a search warrant setting forth the reasonable
basis for believing that there exists a nuisance, violation of this
article and/or violation of other local, state or federal laws, regulations,
ordinances and/or codes.
G.
In the event that the inspections of a rental unit do not result in a satisfactory outcome, the owner, managing agent and/or tenants shall complete all required repairs or corrections within the time prescribed by the inspecting officials or applicable code, and if not made within that time period, the owner and/or tenants shall be deemed in violation of this article, and every day that said violation continues unabated shall constitute a separate and distinct violation subject to the penalty provisions herein. Failure to abate said violations may result in the revocation of a certificate of occupancy. In the event of the revocation of a certificate of occupancy, relocation of tenants shall be required. Such relocation shall be made at the owner's expense pursuant to the provisions of § 464-7.
A.
No person shall occupy any rental unit without first securing a certificate
of habitability, nor shall the owner and/or managing agent permit
occupancy of any rental unit unless the rental unit has been registered
and in compliance with the provisions of this article.
B.
The owner shall post the maximum authorized number of occupants in
a conspicuous area within the rental unit. It shall be unlawful for
any person, including the owner, managing agent and/or tenants, to
allow a greater number of persons than the posted maximum number of
occupants to reside in the rental unit. This provision may be enforced
against the owner, managing agent and/or tenants as well as against
the unauthorized persons residing in the rental unit under this article
or any other applicable local, state or federal law, regulation, ordinance
or code.
A.
No rental property or unit shall be conducted or maintained in a
manner that constitutes a nuisance. The owner and the tenants will
be held responsible for any such conditions and/or activities, and
such conditions and/or activities shall constitute a violation of
this article as well as violations of any other applicable local,
state or federal laws, regulations, ordinances and/or codes.
B.
Owners and/or tenants shall be liable to the Town for the cost of
reinstating utility operations should any utilities to a rental property
or rental unit be permitted to lapse either by the owner or the tenants.
C.
Owners shall be held fully liable to the Town for relocation costs
incurred due to the displacement of any tenants pursuant to N.J.S.A.
20:4-4.1.
A.
Owners are required to enter into a written lease with the persons
renting each rental unit. A copy of said lease must be provided to
the Town Clerk within 10 days of its execution.
B.
In addition to those provisions required by other local, state and
federal laws, regulations, ordinances and codes, owners shall also
include the following additional provisions in every written lease
entered into or renewed following the date of adoption of this article:
(1)
A provision setting forth the maximum number of residents permitted
in the unit and a clear description of the location of designated
sleeping areas.
(2)
A provision confirming that the tenants agree to permit reasonable
inspections of their rental unit by duly authorized officials upon
reasonable notice to the tenants. This provision must additionally
require that the owner and/or managing agent, upon receiving notice
of pending inspections from the Town, will immediately provide notice
of the pending inspections to the tenants.
A.
Landlord's pest control responsibility.
(1)
It is the responsibility of every landlord to provide pest control
services when an infestation of pests is found or reasonably suspected
on the landlord's premises. The landlord must continue to provide
such services until such time as evidence of pests can no longer be
found or verified on the premises. Every landlord shall maintain a
written record of all pest control measures performed and shall include
reports and receipts prepared by the pest management professional
relating to those measures taken. This record shall be maintained
for three years and shall be open to inspection by the Town.
(2)
A landlord shall provide the pest control services within 10 days
after: 1) a bedbug is found or reasonably suspected anywhere on the
premises; or 2) being notified in writing by a tenant of a known or
reasonably suspected pest infestation on the premises or in the tenant's
rental unit.
B.
Method of extermination. The extermination of pests shall be by inspection
and, if necessary, the treatment of the dwelling unit on either side
of the affected dwelling unit and the unit directly above and below
the affected dwelling unit. This pattern of inspection and treatment
shall be continued as necessary until no further infestation is detected.
C.
Landlord's duty of nonretaliation. The landlord may not retaliate in any manner, including by terminating a tenancy, increasing rent, decreasing services, threatening litigation, or refusing to renew a tenancy, against a tenant who in good faith requests or furthers in any manner the treatment of a known or reasonably suspected pest infestation or who in good faith registers a complaint with the Town or other appropriate authority alleging a violation of the requirements of this Chapter 464. Any landlord who violates this section shall pay the affected tenant penalty equivalent to two months rent, shall return the tenant all security deposits and advanced front payments, and shall forfeit the right to require any further security deposit.
[Amended 11-20-2018 by Ord. No. O:2018-35]
D.
Tenant's responsibility.
(1)
Within 15 days after a tenant finds or reasonably suspects a pest
infestation in the presence of the tenant's dwelling unit, the tenant
shall notify the landlord in writing of such infestation, or of any
recurring or unexplained bites, stings, irritation, or sores of the
skin or body which the tenant reasonably suspects are caused by bedbugs.
This notification shall describe with specificity the evidence and
location of any infestation. On receipt, the landlord shall file a
copy of the notification with the Town.
(2)
The tenant shall cooperate with the landlord in the control, treatment,
and eradication of the pest infestation found or reasonably suspected
in the tenant's rental unit. As part of this cooperation, the tenant
shall:
(a)
Not interfere with inspections or treatments;
(b)
After reasonable notice in writing to the tenant, grant access
at reasonable times to the tenant's rental unit for purposes of infestation
inspection or treatment;
(c)
Make any necessary preparations prior to treatment in accordance
with any pest management professional's recommendations; and
(d)
Promptly dispose of any personal property that a pest management
professional has determined cannot be treated or cleaned, by enclosing
such personal property in a plastic bag and clearly labelling it as
infested prior to transporting such property out of the dwelling unit.
(3)
Prior to inspection or treatment for the infestation, the landlord
shall send a written notice to the tenant of the rental unit being
inspected or treated, advising the tenant of the tenant's responsibilities
under this section and setting forth the specific preparations required
of the tenant.
E.
Enforcement. Town inspectors shall have authority to inspect the
interior and exterior of buildings and attached lands for the infestation,
and when any evidence of an infestation of pests is found, to report
such evidence to the appropriate Town authority.
F.
Violations and penalties. Any person who violates this § 464-9 shall be fined not less than $300 nor more than $500 for the first violation, not less than $500 nor more than $1,000 for the second violation, and not less than $1,000 nor more than $2,000 for the third or subsequent violation. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
[Adopted 11-7-2018 by Ord. No. O:2018-22A]
The purpose of this article is to address substandard and deteriorating
buildings which are a public safety threat and nuisance, and whose
blighting effect diminishes health, public safety and property values
in the neighborhoods in which they are located.
As used in this article, the following terms shall have the
meanings indicated:
Any building or structure and the land appurtenant thereto
in which at least half of the net square footage of the building is
used for residential purposes; and shall not include any one-to-four-unit
residential building in which the owner occupies one of the units
as his or her principal residence.
Any housing, property maintenance, fire or other public safety
code applicable to a residential building, whether enforced by the
municipality or by a state agency.
The Commissioner of Community Affairs.
The Department of Community Affairs;
Any entity holding a note, mortgage or other interest secured
by the building or any part thereof.
The holder or holders of title to a residential building.
1) any mortgage holder, lien holder or secured creditor of
the owner; 2) any tenant living in the building; 3) any entity designated
by more than 50% of the tenants living in the building as their representative;
4) the public officer; or 5) a nonprofit entity providing community
services in the municipality in which the building is located.
A party in interest or a qualified entity that files a complaint
pursuant to Section 4 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-117).
An officer of the municipality appropriately qualified to
carry out the responsibilities set forth in P.L. 2003, c. 295 (N.J.S.A.
2A:42-114 et al.) who shall be designated by the mayor.
Any person or entity registered with the Department on the
basis of having demonstrated knowledge and substantial experience
in the operation, maintenance and improvement of residential buildings.
A household that legally occupies a dwelling unit in a residential
building.
A summary action or otherwise to appoint a receiver to take
charge and manage a building may be brought by a party in interest
or qualified entity in the Superior Court of New Jersey, Warren County.
A building shall be eligible for receivership if it meets one
of the following criteria:
A.
The building is in violation of any state or municipal code to such
an extent as to endanger the health and safety of the tenants as of
the date of the filing of the complaint with the court, and the violation
or violations have persisted, unabated, for at least 90 days preceding
the date of the filing of the complaint with the court; or
B.
The building is the site of a clear and convincing pattern of recurrent
code violations, which may be shown by proofs that the building has
been cited for such violations at least four separate times within
the 12 months preceding the date of the filing of the complaint with
the court, or six separate times in the two years prior to the date
of the filing of the complaint with the court and the owner has failed
to take action as set forth in Section 9 of P.L. 2003, c. 295 (N.J.S.A.
2A:42-122).
A.
A complaint submitted to the court shall include a statement of the
grounds for relief and:
(1)
Documentation of the conditions that form the basis for the complaint;
(2)
Evidence that the owner received notice of the conditions that form
the basis for the complaint, and failed to take adequate and timely
action to remedy those conditions; and
(3)
With respect to any building that contains nonresidential facilities,
including but not limited to commercial or office floor space, the
complaint shall provide explicit justification for the inclusion of
the nonresidential facilities in the scope of the receivership order;
in the absence of such justification, the court shall exclude such
facilities from the scope of the receiver's duties and powers.
B.
The complaint may include a recommendation of the receiver to be
appointed.
A.
The plaintiff shall serve the complaint and any affidavits or certifications
that accompanied the complaint upon the parties in interest, the current
owner of the property, and all mortgage holders and lienholders of
record determined by a title search and in accordance with the Rules
of Court.
B.
Unless tenants have been provided with written notice to the contrary
or the plaintiff has knowledge to the contrary, the business address
at which the owner or an agent of the owner may be served shall be
that address provided by the owner to the commissioner in registering
the property under Section 12 of P.L. 1967, c. 76 (N.J.S.A. 55:13A-12).
A.
If the court determines, after its summary hearing, that the grounds
for relief set forth pursuant to Section 5 of P.L. 2003, c. 295 (N.J.S.A.
2A:42-118) have been established, the court may appoint a receiver
and grant such other relief as may be determined to be necessary and
appropriate. The court shall select as the receiver the mortgage holder,
lienholder or a qualified entity, as defined pursuant to Section 3
of P.L. 2003, c. 295 (N.J.S.A. 2A:42-116). If the court cannot identify
a receiver, the court may appoint any party who, in the judgment of
the court, may not have registered with the department pursuant to
Section 31 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-142), but otherwise
fulfills the qualifications of a qualified entity.
B.
If the court determines, after its summary hearing, that the grounds
for relief set forth pursuant to Section 5 of P.L. 2003, c. 295 (N.J.S.A.
2A:42-118) have been established, but the owner presents a plan in
writing to the court demonstrating that the conditions leading to
the filing of the complaint will be abated within a reasonable period,
which plan is found by the court to be reasonable, then the court
may enter an order providing that in the event the conditions are
not abated by a specific date, including the completion of specific
remedial activities by specific dates, or if the conditions recur
within a specific period established by the court, then an order granting
the relief as requested in the complaint shall be granted. The court
may require the owner to post a bond in such amount that the court,
in consultation with the party bringing the complaint and the public
officer, determines to be reasonable, which shall be forfeit if the
owner fails to meet the conditions of the order.
C.
Any sums advanced or incurred by a mortgage holder or lienholder
acting as receiver pursuant to this section for the purpose of making
improvements to the property, including court costs and reasonable
attorneys' fees, may be added to the unpaid balance due said mortgage
holder or lienholder subject to interest at the same rate set forth
in the note or security agreement.
D.
Nothing in this section shall be deemed to relieve the owner of the
building of any obligation the owner or any other person may have
for the payment of taxes or other municipal liens and charges, or
mortgages or liens to any party, whether those taxes, charges or liens
are incurred before or after the appointment of the receiver.
E.
The appointment of a receiver shall not suspend any obligation the
owner may have as of the date of the appointment of the receiver for
payment of any operating or maintenance expense associated with the
building, whether or not billed at the time of appointment. Any such
expenses incurred after the appointment of the receiver shall be the
responsibility of the receiver.
A.
The receiver shall be entitled to necessary expenses and to a reasonable
fee, to be determined by the court. The expenses incurred by a receiver
in removing or remedying a condition pursuant to P.L. 2003, c. 295
(N.J.S.A. 2A:42-114 et al.) shall be met by the rents collected by
the receiver or any other moneys made available for those purposes.
B.
Nothing in P.L. 2003, c. 295 (N.J.S.A. 2A:42-114 et al.) shall be
deemed to relieve the owner of the building of any civil or criminal
liability or any duty imposed by reason of acts or omissions of the
owner.
C.
The activities of the receiver being appropriate and necessary to
carry out a public purpose, the personnel, facilities, and funds of
the municipality may be made available to the receiver at the discretion
of the municipality for the purpose of carrying out the duties as
receiver and the cost of those services shall be deemed a necessary
expense of the receiver, which shall reimburse the municipality to
the extent that funds are reasonably available for that purpose.
D.
If the party in interest bringing a receivership action pursuant
to Section 4 of P.L. 2003, c. 295 (N.J.S.A. 2A:42-117) is the public
officer, the municipality shall be entitled to its costs in filing
an application to the court and reasonable attorney fees, to be determined
by the court, which may be a lien against the premises and collectible
as otherwise provided under law.
The Clerk shall keep a book in which (s)he shall record and
file all proceedings required to be taken by virtue of the provisions
of this article.
Nothing contained in this article is intended to conflict with
the State of New Jersey Hotel and Multiple Dwelling Law (N.J.S.A.
55:13A-1 et seq.), and any amendments thereto, or with any regulations
promulgated thereunder pertaining to the construction and maintenance
of hotels and multiple dwellings.
