Unless the context clearly indicates a different
meaning, the following words or phrases when used in this chapter
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 chapter. 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/boarding house 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.
LICENSE
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
LICENSEE
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent," where applicable.
OWNER
Any person or group of persons, firm, corporation, or officer
thereof, partnership, association, or trust, who 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.
RENTAL FACILITY
Every building, group of buildings or a portion thereof which
is kept, sued, maintained, advertised or held out to be a place living
accommodations are supplied, whether furnished or unfurnished, for
pay or other consideration, to one or more individuals and is meant
to include apartments and apartment complexes.
RENTAL UNIT
A dwelling unit, which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes.
All rental units shall hereafter be registered
with the Borough Clerk or designee of the Borough of Newfield or such
other person as designated by the Borough Council on forms which shall
be provided for that purpose and which shall be obtained from the
Borough Clerk or designee. Such registration shall occur on an annual
basis as provided herein.
[Amended 12-27-2012 by Ord. No. 2012-15]
Each rental unit shall be registered with each change in occupancy.
The license term shall commence on January 1 and shall be valid until
December 31 of that calendar year, at which time it shall expire and
a new registration shall be required. All annual inspections and all
payment of registration fees must take place on or before March 31
of the calendar year. Any lease which has been executed prior to the
adoption of this chapter shall not be affected, but the rental agreement
must, nevertheless, be registered, inspected and licensed in accordance
with this chapter. No rental unit shall hereafter be rented unless
the rental unit is registered and licensed in accordance with this
chapter.
Without in any way intending to infringe upon
the requirements of N.J.S.A. 46:8-28, all rental units shall be registered
and licensed as provided herein. Every owner shall file with the Borough
Clerk or designee of the Borough of Newfield or such other person
as designated by the Borough Council 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
address 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 name and address of the registered
agent and 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 Newfield or in Gloucester County, the name and address of a person
who resides in Gloucester County and who is authorized to accept notices
from a tenant and to issue receipts therefore 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 Borough Clerk
or designee;
I. Such other information as may be prescribed by the
Borough.
The Borough Clerk or designee shall index and
file the registration forms. In doing so, the Borough Clerk or designee
shall follow the mandates of N.J.S.A. 46:8-28 to the extent that it
applies to the property being registered and will also satisfy the
registration requirements of this chapter.
Every person required to file a registration
form pursuant to this chapter, shall file an amended registration
form within 20 days after any changed 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.
No person shall hereafter occupy any rental
unit, nor shall the owner permit occupancy of any rental unit within
the Borough of Newfield, which is not registered and licensed in accordance
with this chapter.
Upon the filing of a completed registration
form, and payment of the prescribed fee, and a satisfactory inspection
the owner shall be entitled to the issuance of a license commencing
on the date of issuance and expiring on the same date of the next
calendar year. A registration form shall be required for each rental
unit, and license shall issue to the owner for each rental unit, even
if more than one rental unit is contained in the property.
[Amended 6-12-2007 by Ord. No. 2007-5; 3-9-2010 by Ord. No.
2010-2]
At the time of the registration form, and prior to the issuance
of a license, the owner or agent of the owner must pay a fee in accordance
with the following:
A. An annual registration fee of $100;
[Amended 12-27-2012 by Ord. No. 2012-15; 6-10-2021 by Ord. No. 2021-3]
B. A reinspection fee of $65;
[Amended 12-27-2012 by Ord. No. 2012-15; 6-10-2021 by Ord. No. 2021-3]
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
New Jersey Statute 54:4-8.41, there shall be no fee;
D. If any fee is not paid within 30 days of its due date, a late fee
surcharge of $40 will be assessed.
Every owner shall provide each occupant or tenant
occupying a rental unit with a copy of the registration form required
by this chapter. 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 and no license
shall issue 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 BOCA National Property Maintenance
Code.
[Amended 5-8-2012 by Ord.
No. 2012-9]
Any person who violates any provision of this
chapter shall, upon conviction in the Municipal Court of the Borough
of Newfield or such other court having jurisdiction, be liable to
a fine not exceeding $2,000 or imprisonment for a term not exceeding
90 days, and/or subject to a period of community service not exceeding
90 days. Each day that a violation occurs shall be deemed a separate
and distinct violations subject to the penalty provisions of this
chapter.