[Adopted 5-19-2009 by Ord. No. 09-09]
The above recitals are incorporated herein as if fully set forth.[1]
[1]
Editor's Note: Said recitals read as follows:
WHEREAS, the Governing Body of the Borough of Westwood finds
that the general public, health, safety and welfare is preserved and
sustained by the provision of safe, clean and habitable housing and
with reasonable regulations designed and enforced to encourage the
nuisance-free and peaceable enjoyment of residents collectively within
Westwood; and
WHEREAS, the Borough of Westwood recognizes that a need for
an organized registration and inspection program of all residential
rental dwelling units within the Borough of Westwood is necessary
and appropriate to ensure that rental property is maintained to enhance
the public health and safety of tenants and their neighbors; and
NOW, THEREFORE, BE IT ORDAINED as follows:
As used in this article, the following terms shall have the
following meanings. Terms not defined herein shall be given their
ordinary meanings unless defined by New Jersey statutes.
As defined in N.J.S.A. 55:13B-3.
[1]One room, or a suite of two or more rooms, or a single-family
detached residence designed for or used by one family or household
unit for living and sleeping purposes.
A group of individuals, not necessarily related by blood,
marriage, adoption, or guardianship, living together in a dwelling
unit like a family as a single housekeeping unit with common access
to and common use of all living and eating areas and all areas and
facilities for the preparation and serving of food within the dwelling
unit. (Any person residing on the premises not a member of a household
shall be counted as residing in an additional dwelling unit.)
The International Property Maintenance Code adopted by ordinance
for use by the Borough of Westwood.[2]
A document issued by the Zoning and Code Enforcement Officer
certifying that a particular dwelling unit has been registered and
is in compliance with this article.
The individual or individuals, natural or corporate, in possession
of lawful title to property in the absence of substantial evidence
to the contrary. The ownership records of the County of Bergen Clerk's
Office used for property tax purposes shall be conclusive evidence
of the ownership of property regulated pursuant to this article.
The Borough of Westwood employee(s) designated by the Governing
Body to enforce the provisions of this article.
A dwelling unit in which persons comprising a family or household
and living together as such are permitted to reside in return for
financial or other consideration; a dwelling unit which is rented.
A.
Owner residential rental registration. Unless exempted hereby, every
owner of a building containing a residential rental dwelling unit
within the Borough of Westwood shall file an application on a landlord
and tenant registration form. A landlord and tenant registration certificate
and a zoning compliance certificate are required for said unit, prior
to the occupancy of said unit and for each residential rental dwelling
unit in the building, from the Borough of Westwood prior to leasing,
subleasing, renting or allowing the occupancy of such residential
rental dwelling unit, whether or not for consideration. In the case
of multiple owners of any such dwelling, it shall be sufficient for
any one of the owners to have obtained a certificate for a unit.
B.
The landlord and tenant registration form and fees and inspections
shall be in addition to any other Borough requirements and shall be
in writing and on a form provided by the Borough of Westwood's Zoning
and Code Enforcement Officer or his/her designee. Such form shall
specifically require the following minimum information:
(1)
The name, address and phone number of the property owner and the
lessee and, if the owner is not a natural person, the name, address
and phone number of a designated agent for the owner;
(2)
The name, address and phone number of any person authorized to make
or order to be made repairs or services for the property if in violation
of Borough or state codes, if the person is different than the owner;
(3)
The street address and apartment number of the rental property and
the lot and block;
(4)
The number, types and approximate size and location of dwelling units
within the rental property;
(5)
The name of all tenants over the age of 18;
(6)
The number of children 18 years of age and younger in each dwelling
unit;
(7)
A copy of the lease/rental agreement showing term dates;
(8)
The most recent zoning compliance certificate; and
(9)
Such other information as the Zoning and Code Enforcement or Housing
Officer, or his/her designee, may reasonably request on a standard
form to be furnished.
A.
Owner residential rental registration fee. There shall be a fee for
the initial registration of any residential rental dwelling unit in
the amount of $100. The Zoning Officer is empowered to waive this
registration fee where a valid continuing certificate of occupancy
has been issued and continues in effect.
B.
Change in tenancy during the year. Whenever there is a change in
tenancy of a registered residential rental dwelling unit, the owner
must register the proposed change on forms to be provided by the Borough
and be reinspected prior to occupancy. The fee for the change in tenancy
shall be $50.
Upon receipt of an application for an initial registration or
change to initial registration, the Zoning and Code Enforcement Officer,
within 10 business days, shall perform an inspection of the property
to determine whether such property complies with the provisions of
applicable rules, codes and statutes, including the International
Property Maintenance Code[1] and Chapter 195, Land Use and Development, of the Code of the Borough of Westwood. The Zoning and Code Enforcement Officer shall, within five days of the inspection, issue the landlord and tenant registration certificate if the property complies. No landlord and tenant registration certificate shall be issued if the premises and building fail to comply in a material manner with the provisions of the applicable rules, codes and statutes.
A.
The Zoning
and Code Enforcement Officer shall inspect the exterior and interior
of each unit for which a landlord and tenant registration certificate
has been issued or requested or upon amendment of same and will coordinate
such inspection, whenever possible, with the Fire Code Officer or
other official.
B.
In an owner-occupied
dwelling, the owner-occupied portion shall not be subject to inspection.
Whenever necessary to make an inspection to enforce any of the
provisions of this article, or whenever the Zoning and Code Enforcement
or Housing Officer, or his/her authorized representative, has reasonable
cause to believe that there exists in any residential rental dwelling
units any condition or violation which makes such residential rental
dwelling units or premises unsafe, dangerous or hazardous, the Zoning
and Code Enforcement or Housing Officer, or his/her authorized representative,
may enter such dwelling building or premises at all reasonable times
to inspect the same or to perform any duty imposed by this article,
provided that such entry is pursuant to the law.
A.
No person shall rent or suffer to be occupied an unregistered residential
rental dwelling unit in a building which such person owns or otherwise
controls. The owner of any residential rental dwelling unit bears
the burden of proof in certifying that such premises is lawfully authorized
to be utilized and operated as a residential rental dwelling unit.
B.
No person shall charge, demand, receive or accept any rent or other payment for use or occupancy of any residential premises within the Borough of Westwood which are used or occupied in violation of Chapter 195, Land Use and Development, of the Code of the Borough of Westwood. Each such charge, demand, receipt or acceptance of rent or other payment in violation hereof shall constitute a separate offense.
A.
Any landlord and tenant registration certificate may be revoked or
suspended at any time during the life of said certificate for cause,
including, but not limited to, the following:
(1)
Violation of the provisions of this article or any other ordinance
or law pertaining to the use of the property;
(3)
Failure to pay any fee herein provided for;
(4)
Failure to permit lawful inspections;
(5)
Failure to correct violations in the time period prescribed; and
B.
Where a violation has been identified as being committed by a tenant,
and the landlord is actively pursuing eviction of said tenant, the
landlord shall be entitled to successive sixty-day grace periods until
the eviction proceedings are concluded.
C.
A suspended landlord and tenant registration shall be reinstated
when the circumstances leading to the suspension have been remedied,
and a reinstatement fee of $200 has been paid.
A.
Whenever the Zoning and Code Enforcement Officer determines that
any residential rental dwelling fails to meet any requirements set
forth in the applicable rules, standards, statutes or ordinances,
including the International Property Maintenance Code,[1] the Zoning and Code Enforcement Officer, or other appropriate
official, may, in their discretion, suspend or revoke the certificate
or issue a correction notice setting forth the violations and ordering
the occupant, owner and/or owner's designated agent to correct such
violations.
C.
Failure to correct violations within the time period stated in the
correction order shall be a violation of law and this article. If
the correction order relates to actions or omissions of the occupant,
and the occupant fails to make the necessary correction, the landlord
may be required to remedy the condition by whatever means necessary.
The violation of any provision of this article shall be deemed
a municipal offense. Any person violating the provisions of this article
shall be fined as per Borough regulations and/or as allowed by state
statute. Each separate day of violation constitutes a separate and
punishable offense.
Nothing in this article shall prevent the Borough of Westwood
from taking action under any applicable rule, standard, statute, or
ordinance for violations thereof to seek either injunctive relief
or criminal prosecution for such violations as therein provided. Nothing
contained in this article shall prevent the Borough of Westwood from
seeking injunctive relief against a property owner or designated agent
who fails to comply with the terms and conditions of this article
on registration and licensing, including an order prohibiting the
occupancy of such rental units until violations of this article have
been remedied by the property owner or designated agent.
