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 of 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 or DWELLING
Any apartment house, cottage, bungalow, hotel, boardinghouse, rooming house or lodging house, any room or rooms in a rooming house/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.
DWELLING UNIT
Any room or rooms or suite or apartment, including room or rooms in an apartment house, cottage, bungalow, hotel, boardinghouse, rooming house or lodging house, 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 of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with use or occupancy thereof.[1]
OWNER
Any person or group of persons, firm, corporation or officer thereof, partnership association or trust that owns, operates, exercises control over, or is in charge of a rental facility.
OWNER-OCCUPIED
A portion of a rental facility, dwelling, commercial unit or dwelling unit shall be considered owner-occupied if the owner makes his primary residence therein. A person may have only one primary residence in the Borough.
[Added 11-23-2010 by Ord. No. 2010-06]
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
[Amended 11-23-2010 by Ord. No. 2010-06]
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting of one or more dwelling units which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes. Rental unit shall not include that portion of a rental facility occupied by the owner.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless of whether there is a written or oral agreement and regardless of whether the owner receives consideration for the occupancy.
[Added 11-23-2010 by Ord. No. 2010-06]
TENANCY
Occupancy of the unit by one or more tenants.
[Added 11-23-2010 by Ord. No. 2010-06]
TENANT
An occupant in a unit other than the owner.
[Added 11-23-2010 by Ord. No. 2010-06]
[1]
Editor’s Note: The former definitions of “license” and “licensee,” which immediately followed this definition, were repealed 12-20-2016 by Ord. No. 2016-13.
All rental units within a rental facility hereinabove defined shall be registered with the Borough Clerk or designee of the Borough of Clementon, or such other person as designated by the Mayor and 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.
A. 
The Borough Clerk shall forthwith forward copies of said application to the Secretary of the Board of Health and to the Fire Chief and the Building Inspector of the Borough of Clementon, who shall inspect the premises or cause the same to be inspected in order to determine whether the premises complies with all Board of Health and fire ordinances and regulations of the Borough. If the premises does not comply, said officers shall attach to said application a written list of failures and their recommendations and return the same to the Borough Clerk, who shall return a copy of said application with such list of recommendations to the applicant. If the premises does so comply, said officers shall attach certificates thereto so stating.
B. 
The Borough Clerk shall thereafter present said application, with said certificates of compliance attached, to Borough Council. Borough Council may thereupon cause to be made such further investigation of the premises and of the information set forth in said application as it deems necessary and advisable and shall determine whether or not such license shall be granted.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental facilities shall be registered and licensed, as provided herein. Every owner shall file with the Borough Clerk or designee of the Borough of Clementon, or such other person as designated by the Mayor and 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 name and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, 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 Clementon or in Camden County, the name and address of a person who resides in Camden County and who is authorized to accept notices from a tenant and to issue receipts therefor and to accept services 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 or the owner, if domiciled in Camden County, who may be reached or contacted at any time in the event of an emergency affecting the rental facility 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 rental facility and any repair thereto or expenditures 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 of Clementon.
J. 
The name of the tenants and the names of all persons allowed to reside in the unit.
[Added 11-23-2010 by Ord. No. 2010-06]
[1]
Editor’s Note: Former § 220-6, Registration and licensing required; term, as amended, § 220-10, Official Register, § 220-15, License issuance; change in occupancy, as amended, and § 220-22, Revocation of license; procedure were repealed 12-20-2016 by Ord. No. 2016-03. This ordinance also provided for the renumbering of §§ 220-7 through 220-9 as §§ 220-6 through 220-8, §§ 220-11 through 220-14 as §§ 220-9 through 220-12, and §§ 220-16 through 220-21 as §§ 220-13 through 220-18.
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. 46:8-28.1, 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 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this article. The owners shall post the certificate of inspection or license.
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.
A. 
No rental unit shall be operated or conducted which does not provide at least one single and separate lavatory for each four sleeping rooms or fraction thereof.
[Amended 12-20-2016 by Ord. No. 2016-13]
B. 
The least horizontal dimensions of every sleeping room in a rental unit hereunder shall be not less than seven feet, and every such room shall have a floor area of not less than 70 square feet.
[Amended 12-20-2016 by Ord. No. 2016-13]
C. 
Every room in any rental units hereunder which is occupied or is intended, arranged or designed to be occupied for sleeping purposes shall be of such size as to provide at least 250 cubic feet of airspace for each person 12 years of age and older and at least 200 cubic feet of airspace for each child under 12 years of age. No greater number of occupants than so determined shall be permitted to sleep in any one room. No room in any rental units shall be used or occupied by more than four persons over the age of 15 years, for sleeping purposes, at any one time. No such room shall be used for sleeping purposes which does not open to the outside of the building on a street, alley, yard or court; each such sleeping room shall have at least one window not less than eight square feet in area and one door for ingress and egress.
D. 
No basement, kitchen, garage, lobby, hallway or barn shall be used or occupied for sleeping purposes; no porches shall be so occupied unless the adjoining space or room is occupied by the same registrant, and then only if the cubic content and floor space thereof shall comply with all provisions of this chapter.
E. 
No gas, coal or electric range or stove or any other apparatus or appliance shall be used for cooking or the preparation of food, or be installed, in any room or unit in any licensed premises which is occupied or is intended, arranged or designed to be occupied for sleeping purposes, nor shall any food be cooked, prepared or stored in any such room or unit.
F. 
No owner hereunder shall let, underlet, rent or permit any rental unit or any part thereof for the purpose of being occupied by any registrant with the privilege of installing in any room occupied or intended, arranged or designed to be occupied as a sleeping room any gas, coal or electric range or stove or any other apparatus or appliance to be used for the purpose of cooking, storing or preparing food.
G. 
No registrant hereunder or occupant shall store food or cook or otherwise prepare food in any room which is occupied or intended, arranged or designed to be occupied for sleeping purposes.
[Amended 12-20-2016 by Ord. No. 2016-13]
H. 
Every rental unit in the Borough of Clementon providing accommodations for persons on and above the third floor thereof shall be provided with some means of escape in the event of fire, other than one stairway leading to such accommodations.
[Amended 12-20-2016 by Ord. No. 2016-13]
A. 
Each rental unit within the rental facility shall be inspected at least once every twelve-month period.
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Clementon, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Clementon shall not be used as a valid substitute.
C. 
Such inspection shall be for the purpose of determining zoning ordinance compliance and, to the extent applicable, to determine if the property complies with the Uniform Construction Code, Housing Code and/or Building Code and/or Uniform Fire Safety Act. Inspections will be done on all interiors, exteriors, grounds, roads and driveways of all rental properties to ensure the public health, safety and welfare of all occupants and the general public. Inspections will be for enforcement of the International Code Council Property Maintenance Code (IPMC), the International Existing Building Code (IEBC) and the Regulations for Maintenance of Hotels and Multiple Dwellings Code, with references to all International Code Council model codes, the National Electric Code and the National Standard Plumbing Code.
[Amended 11-23-2010 by Ord. No. 2010-06]
D. 
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility are deemed unsatisfactory, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made, so as to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and if not made within that time period, the owner shall be deemed in violation of this article, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 220-25 of this chapter. The owner, however, shall be permitted to apply for an extension of time to make repairs or corrections, so as to comply with this article, for good cause shown.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming houses/boardinghouses, in order that they may promote the purposes of this article to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and roominghouses/boardinghouses and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units and rooming houses/boardinghouses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming/boarding house shall give the inspecting officer free access to the rental facility, rental unit and rooming/boarding house at all reasonable times, to promote the purposes of such inspections, examinations and surveys.
[Amended 11-23-2010 by Ord. No. 2010-06]
B. 
Every occupant shall give the owner of the rental facility, rental unit and rooming house/boardinghouse access to any part of such rental facility, rental unit and rooming house/boardinghouse at all reasonable times for the purpose of making such repairs or alterations, as are necessary, to effect compliance with the provisions of this article or any lawful order issued pursuant thereto.
C. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this article, an inspecting officer shall conduct an inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Clementon, which is not registered and inspected in accordance with this article.
At the time of the filing 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 inspection fee of $100 per rental unit per year.
[Amended 12-20-2016 by Ord. No. 2016-13; 3-7-2023 by Ord. No. 2023-02]
B. 
An annual inspection fee of $150 per building for four or more units.
[Added 11-23-2010 by Ord. No. 2010-06[1]; amended 12-20-2016 by Ord. No. 2016-13]
[1]
Editor's Note: This ordinance also redesignated former Subsections B and C as Subsections D and E, respectively.
C. 
A reinspection fee as follows:
[Added 11-23-2010 by Ord. No. 2010-06]
(1) 
Per unit, per year: $100.
[Amended 3-7-2023 by Ord. No. 2023-05]
(2) 
Per building for four or more units: $150.
D. 
If the owner of the property is a senior citizen who resides in a unit of the rental facility and rents out the remaining unit(s) 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.
E. 
If any fee is not paid within 30 days of its due date, a late fee surcharge of $20 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 article. This particular provision shall not apply to any hotel, motel or guest house registered with the State of New Jersey, pursuant to the Hotel and Multiple Dwelling Act, 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).
A. 
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of § 220-25 of this chapter.
B. 
Only those occupants whose names are on file with the Borough of Clementon, as required in this article, may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 220-25 of this chapter.
[Amended 11-23-2010 by Ord. No. 2010-06; 12-20-2016 by Ord. No. 2016-13]
No rental unit may be registered unless all municipal taxes, water and sewer charges and any other municipal assessments are paid by the owner or applicant and are current on the date of the application.
A. 
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this article, may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and this provision may be enforced against the landlord, tenant or other person residing in said premises.
B. 
Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owner or of the public in general, such that it shall constitute a nuisance, as defined in the ordinance of the Borough of Clementon.
C. 
Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Borough of Clementon and with all applicable state and federal laws.