[Adopted 10-7-1998 by Ord. No. 359-98]
The following words or phrases, when used in this article, shall
have the following meanings:
AGENT or MANAGER
An 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, including a licensed real estate broker
or salesman of the State of New Jersey if such a person designated
by the owner as his agent is so licensed.
BUILDING
Any building or structure or part thereof used for human
habitation, use or occupancy, and including any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms for dwelling purposes which occupy all or part
of a floor or floors in a building, whether designed with or without
housekeeping facilities, and notwithstanding whether the apartment
is designed for residential use or the operation of any industry or
business or any other type of independent use.
DWELLING UNIT
Any room or rooms, suite or a part thereof, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes by one or more persons,
including but not limited to the owner thereof or any other servants,
agents or employees. This definition applies only to those dwelling
units, including single-family residences, which are available for
lease or rental purposes.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage space.
LODGING UNIT
A room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or group of persons
living together or by a person living alone within a building.
OWNER
The person who owns, purports to own or exercises control
over any building.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENTAL UNIT
Includes the terms "dwelling," "building," "dwelling unit,"
"habitable room" or "lodging unit" as defined by this chapter, provided
that same are rented or leased for a period of 31 days or more during
any calendar year. This definition shall not apply to any single-family
home which is not available for rental purposes or which is actually
inhabited by the owner of record as his or her primary residence.
[Amended 12-17-2014 by Ord. No. 536-2014]
SLEEPING ACCOMMODATIONS
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within a rental
unit. A standard single bed shall count as a proper accommodation
for one individual and a standard double bed as a proper accommodation
for two individuals.
TENANT
The person or persons to whom a rental unit is leased or
rented by the owner.
TRASH RECEPTACLES
A metallic dumpster designed for the storage of garbage or
trash outdoors, that is leakproof and has a close-fitting cover that
closes tightly, consisting of 0.3 cubic yards for each residential
unit that the trash receptacle is dedicated to for use.
[Added 6-2-2004 by Ord. No. 416-2004]
All rental units shall hereafter be registered with the Zoning
Officer or his designee on forms which shall be provided for that
purpose and which shall be obtained from the Zoning Officer or his
designee. Such registration shall occur on an annual basis as provided
herein.
[Amended 12-17-2014 by Ord. No. 536-2014]
Each rental unit shall be registered and inspected annually.
The registration term shall commence on the date the rental unit is
initially registered, and such registration shall be valid for one
year, at which time it shall expire and a new registration shall be
required. The initial registration for 1988 shall occur within 30
days after the adoption of this article. Any lease which has been
executed prior to the adoption of this article shall not be affected,
but the rental unit must nevertheless be registered, inspected and
certified as habitable in accordance with this article. No rental
unit shall hereafter be rented unless the rental unit has been registered
in accordance with this article.
Subsequent to January 1998, no person shall hereafter occupy
any rental unit nor shall the owner permit occupancy of any rental
unit within Weymouth Township if said rental unit has not been registered
and received a certificate of habitability in accordance with this
article.
Upon the filing of a completed registration form, successful
completion of the necessary inspections and payment of the prescribed
fees, an owner shall be entitled to the issuance of a certificate
of habitability for each approved rental unit. Each certificate of
habitability shall identify the rental unit and shall further state
the number of occupants allowed in such rental unit. For the purposes
of this article, each condominium unit shall be treated as a separate
and distinct rental unit.
At the time of filing the rental registration form, the owner
shall pay all necessary fees in accordance with the Fee Schedule established
from time to time by Weymouth Township.
All rental units shall be registered as provided herein. Every
owner, either personally or through his agent, shall file with the
Zoning Officer or his designee a registration form for any rental
unit located within Weymouth Township. Said registration form shall
include the following information:
A. The name and address of the record owner(s) of the premises and the
record owner(s) of the rental business, if not the same person(s).
In the case of a partnership, the names and addresses of all general
partners shall be provided, together with the telephone numbers for
each such individuals indicating where such individuals may be reached
both during the day and evening hours.
B. If the record owner is a corporation, the name and address of the
registered agent and the name and address of the person to be contacted
for any reason regarding the rental unit, if other than the registered
agent.
C. If the address of any record owner is not located in Weymouth Township,
the owner shall designate an agent or manager who resides in Atlantic
County and who is authorized by the owner to perform any duty imposed
upon the owner by this article.
D. The name, address and telephone number of an individual representative
of the record owner or manager or agent located in Atlantic County
who may be reached or contacted at any time in the event of an emergency
affecting the premises or any rental unit 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.
E. The name and address of every holder of a recorded mortgage on the
premises.
F. 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.
G. As to each rental unit, specification of the exact number of sleeping
rooms contained in the rental unit and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
rental unit and by the square footage thereof. In order to satisfy
the requirements of this provision, an owner shall submit a floor
plan which shall become a part of the registration application and
which shall be attached to the registration form.
H. Such other information as may be prescribed from time to time by
Weymouth Township.
The Zoning Officer or his designee shall index and file the
rental registration form and make it reasonably available for public
inspection. In doing so, the Zoning Officer or his designee shall
follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented,
so that the filing of the rental registration form will simultaneously
satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent
that it applies to the property being registered and will also satisfy
the rental registration requirements of this article. The Zoning Officer
or his designee shall maintain a master index of all such rental registration
forms, and any person may obtain from the Zoning Officer or his designee
a list of all properly registered rental units upon payment of the
appropriate fees as listed on the Weymouth Township Fee Schedule.
Every person required to file a rental registration form pursuant
to this article shall file an amended rental registration form within
20 days after any change in the information required to be included
thereon.
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 Law as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the rental
registration form in a conspicuous place within the rental unit(s).
Each owner of a rental unit registered pursuant to this article
shall be permitted to lease or rent said rental unit to a number of
registered tenants, which number shall not exceed the number which
has been computed in accordance with the following:
A. Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor area for each occupant thereof.
B. Rental units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements as set forth in this article.
If there is a discrepancy regarding the number of occupants permitted
pursuant to this article, the most restrictive requirement shall govern.
C. Combined living room and dining room spaces shall comply with the
requirements of this article.
D. The maximum allowable number of people on any deck shall be one person
per nine square feet.
No rental unit shall be issued a certificate of habitability
unless all municipal taxes, water charges, sewer charges and other
municipal assessments are paid on a current basis.
Any person who violates any provision of this article shall,
upon conviction in the municipal court of Weymouth Township or such
other court having jurisdiction, be liable for a fine not exceeding
$1,000 or imprisonment of a term not exceeding 90 days or by a period
of community service not exceeding 90 days, or by any one or more
of the above. Each day that a violation occurs shall be deemed a separate
and distinct violation subject to the penalty provisions of this chapter.
[Added 7-16-2004 by Ord. No. 404-2004]
The agent or manager for any building consisting of three or
more rental units shall be required to provide a trash receptacle
on site whereon the building is located, which shall be emptied on
a weekly basis. Said trash receptacle shall be screened from public
view with fencing treatment around the entire perimeter of the trash
receptacle.