Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, shall have
the following meanings:
AGENT or MANAGING AGENT
The individuals designated by the owner as the person(s)
authorized by the owner to perform any duty imposed upon the owner
by this chapter. If the owner provides no such designation, the owner
shall be considered the agent or managing agent. In any event, the
owner shall be responsible for any acts or omission by the designated
agent. 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
is designated by the owner as his agent.
APARTMENT or DWELLING
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building of one or more floors or stories, but not the entire building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment is designed for
residence, office or the operation of any industry or business or
any other type of independent use.
BUILDING
Any building or structure or part thereof used for human
habitation, use or occupancy and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
CODE ENFORCEMENT OFFICER
The municipal official designated by the Borough Administrator
with the responsibility of enforcing this chapter.
DWELLING UNIT
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged,
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 improvements
connected with the use or occupancy thereof.
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.
REGISTERED TENANT
The person or persons listed on the current registration
as the person or persons to whom a rental unit is leased or rented.
RENTAL UNIT
Any apartment, dwelling, building, dwelling unit, habitable
room or lodging unit, as defined by this chapter, regardless of the
consideration for occupancy, including but not limited to money paid,
services rendered, or accommodation incident to employment.
SLEEPING ACCOMMODATIONS
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within any rental
unit.
All rental units shall hereafter be registered with the Code
Enforcement Officer or designee on forms which shall be provided for
that purpose and which shall be obtained from the Code Enforcement
Officer or designee. Such registration shall occur on an annual basis
as provided herein.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit, within the Borough
of Netcong which is not registered 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 as provided
herein. Every owner shall file with the Code Enforcement Officer or
designee a registration form for each rental unit contained within
a building or structure which shall include the following information:
A. The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same persons, shall be provided. In the case of a partnership,
the names and addresses of all general partners shall be provided,
together with the telephone numbers for each individual partner, indicating
where such individual may be reached both during the day and evening
hours, which telephone numbers shall include cell phone numbers. If
the record owner is a corporation, the name and address of the registered
agent and corporate officers of said corporation shall be provided,
together with the telephone number for each such individual indicating
where such individual may be reached both during the day and evening
hours, which shall include the cell phone numbers of each such individual.
All registration addresses shall be physical addresses; post office
boxes alone are insufficient.
B. If the address of the owner of record is not located in the County
of Morris, the name, address and telephone number of a person who
resides in the County of Morris who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the owner of record.
C. The name, address and telephone number of the managing agent of the
premises, if any.
D. The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
E. The name, address and telephone number of an individual representative
of the owner of record or managing agent who may be reached or contacted
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 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 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
apartment or dwelling 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 application and which
shall be attached to the registration form.
I. Name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise permit occupancy of the subject
premises.
J. Name, age, and address, including the dwelling unit number, of each
occupant or tenant occupying the rental unit.
K. Such other information as may be prescribed by the Borough on the
appropriate form or otherwise by ordinance or resolution.
The Code Enforcement Officer or designee shall index and file
the registration form and make it reasonably available for public
inspection. In doing so, the Code Enforcement Officer 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 chapter.
Every person required to file a registration form pursuant to
this chapter shall file an amended registration form within 20 days
of any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment with the exception
of a change in ownership of the premises.
The number of persons occupying each rental unit registered
pursuant to this chapter shall not exceed the number 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 set forth below:
(1) Minimum occupancy area requirements.
|
Number of Occupants
|
Living Room
(square feet)
|
Dining Room
(square feet)
|
Kitchen
(square feet)
|
---|
|
1 to 2
|
No requirements
|
No requirements
|
50
|
|
3 to 5
|
120
|
80
|
50
|
|
6 or more
|
150
|
100
|
60
|
(2) Bedrooms shall comply with Subsection
A.
C. Combined living room and dining room spaces shall comply with the requirements of Subsection
B if the total is equal to that required for separate rooms and if the space is so located that it functions as a combination living room/dining room.
D. Kitchens, nonhabitable spaces and interior public areas shall not
be used for sleeping purposes.
E. All spaces to be used for food preparation shall contain suitable
space and equipment to store, prepare and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary
storage.
No rental unit may be registered for any property containing
a rental unit unless all municipal taxes, water and sewer charges
and other municipal assessments are current.
In addition to the penalties set forth in N.J.S.A. 46:8-35,
any person who violates any provision of this chapter shall, upon
conviction in the Municipal Court of the Borough of Netcong or such
other court having jurisdiction, be liable for a minimum fine of $250
(or higher if permitted by court order) and a maximum fine not to
exceed $2,000 or imprisonment or community service not exceeding 90
days, or any combination thereof. Each day that the violation occurs
shall be considered a separate and distinct violation subject to the
penalty provisions of this chapter. Any person who is convicted of
violating this chapter within one year of the date of the previous
violation of this chapter and who was fined for same shall be sentenced
by the court to an additional fine as a repeat offender and calculated
separately from the fine imposed for the violation of the chapter.
Any of the violations referred to in this chapter may be enforced,
as applicable, by the Police Department, the Code Enforcement Department
or such other persons designated by the Administrator or having such
authority by law.