Unless the context clearly indicates a different meaning, the following words or phrases, when used in this chapter, shall have the following meanings:
- 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 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 or DWELLING
- Any apartment, cottage, bungalow, 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. Each dwelling unit shall contain no more than one kitchen or cooking facility.
- Related to or connected with trade and traffic or business and commerce.
- COMMERCIAL UNIT
- A building or structure, or any part thereof, used for the manufacturing, processing or assembling of material or manufactured products or for research, office, industrial, commercial, retail, service, recreational, hotel or motel facilities or for warehousing purposes or for any combination thereof.
- DWELLING UNIT
- Any room or rooms or suite or apartment, including any room or rooms in a rooming house/boardinghouse, 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. Each dwelling unit shall contain no more than one kitchen or cooking facility.
- FAMILY MEMBER
- Shall include parents of the owner or the owner's spouse, as well as children of the owner or owner's spouse.
- 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.
- 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.
- An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
- The person to whom the registration is issued pursuant to this chapter. The term "registrant" includes within its definition the term "agent," where applicable.
- The registration issued by the Borough Clerk or designee attesting that the rental unit has been properly registered in accordance with this chapter.
- 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.
- RENTAL FACILITY
- Every building, group of buildings or a portion thereof consisting of fewer than three dwelling units and having sleeping facilities for fewer than 25 occupants, 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 or commercial unit which is available by lease, rental or otherwise to persons other than the owner. "Rental unit" shall not include that portion of a rental facility, dwelling, commercial unit or dwelling unit that is owner-occupied.
- Occupancy of the unit by one or more tenants.
- Occupant in a unit other than the owner.
All rental units shall hereafter be registered with the Borough Clerk or designee of the Borough of Westville, 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.
Each rental unit shall be registered with each change in occupancy. Any lease which has been executed prior to the adoption of this chapter shall not be affected, but the rental unit must nevertheless be registered and inspected in accordance with this chapter. No rental unit shall hereafter be rented unless the rental unit is 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 Borough Clerk or designee of the Borough of Westville, 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:
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 individuals may be reached both during the day and evening hours.
If the address of any record owner is not located within a radius of 35 miles of the Borough of Westville, or if the record owner resides out of the State of New Jersey, the owner must submit the name and address of a person who resides within the State of New Jersey and within a thirty-five-mile radius of the Borough of Westville who is authorized to accept notices from a tenant and to accept receipts therefrom and to accept service of process on behalf of the record owner.
The name and address of the agent of the premises, if any.
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.
The name, address and telephone number of an individual representative of the owner or agent or the owner, if domiciled in Gloucester County, 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 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.
The name and address of every holder of a recorded mortgage on the premises.
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.
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.
Such other information as may be prescribed by the Borough of Westville.
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 chapter.
Every person required to file a registration form pursuant to this chapter 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.
Each rental unit shall be inspected upon change in ownership or upon change in tenancy or occupancy.
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Westville, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Westville shall not be used as a valid substitute.
Such inspection shall be for the purpose of determining Chapter 205, Land Use and Development, compliance and, to the extent applicable, to determine if the property complies with the Property Maintenance Code, Uniform Construction Code, Housing Code and/or Building Code and/or Uniform Fire Safety Act.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered 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 and registered. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days except in the case of life safety violations; then the repairs shall be made immediately or a soon as practicable after the owner is notified, and, if not made within that time period, the owner shall be deemed in violation of this chapter, and, every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 272-23 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 chapter, for good cause shown.
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 chapter to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming houses/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 house/boardinghouse shall give the inspecting officer free access to the rental facility, rental unit and rooming house/boardinghouse at all reasonable times for the purpose of such inspections, examinations and surveys.
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 chapter or any lawful order issued pursuant thereto.
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this chapter, 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 Westville which is not registered 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 registration commencing on the date of issuance and expiring on the 30th day of June of the next calendar year. A registration form shall be required for each rental unit, and a registration certificate shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
At the time of the filing of the registration form and prior to the issuance of a registration certificate, the owner or agent of the owner must pay a fee in accordance with the following:
Registration fees. An annual registration fee is required for each rental unit due and payable on July 1 for a twelve-month period according to the following schedule:
For each non-owner-occupied rental units: $60 per unit. All previously registered rental units are required to pay a full year rental, regardless as to when they are actually rented. For example: if a unit previously rented and is vacant in July and August and has not renewed the registration, a full $60 is due regardless of when the unit is reregistered. All new rental units not previously rented shall be prorated for a registration beginning in July and expiring in June of the next year.
If there are eight or more rental units on a property (block and lot), for each non-owner-occupied rental units: $50 per unit.
An inspection fee of $60 is required upon every change in ownership, tenancy or occupancy.
If the owner of the property is a senior citizen or disabled citizen who resides in a unit of the property and rents out the remaining units 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.
If any fee is not paid within 30 days of its due date, a late fee surcharge of $30 will be assessed.
If the occupant of a rental unit is a family member, as defined by this chapter, no registration fee or inspection schedule shall apply, except upon change in occupancy. Registration of units occupied by family members is required and, in addition, must be accompanied by an affidavit stating the relationship of the occupant to the owner or owner's spouse.
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).
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 § 272-23 of this chapter.
Only those occupants whose names are on file with the Borough of Westville, as required in this chapter, may reside in the registered 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 § 272-23 of this chapter.
[Amended 6-13-2018 by Ord. No. 10-2018]
All dwelling units shall be maintained in accordance with the Uniform Construction Code, the current edition of the International Property Maintenance (IPMC), and the New Jersey State Housing Code.
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this chapter, may reside in the registered 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.
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 owners or of the public in general, such that it shall constitute a nuisance, as defined in the ordinances of the Borough of Westville.
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 Westville and with all applicable state and federal laws.