[Adopted 11-12-1998 by Ord. No. 16-98]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning:
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, and room or rooms in a
rooming/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 is designed for
residents, for office or the operation of any industry or business
or for any other type of independent use.
BASEMENT
A story partly underground but having less than 1/2 of its
clear height, measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line, the height shall be measured from adjoining
grade level.
CELLAR
A story partly underground but having 1/2 or more of its
clear height, measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line, the height shall be measured from the
adjoining grade elevation. (See "basement.")
HABITABLE ROOM
A room occupied by one or persons for living, eating or sleeping,
including kitchens, where provided, but not including serving and
storage pantries, corridors, bathrooms and spaces that are not used
frequently or during extended periods of time.
INSPECTING/INSPECTIONS OFFICER
The Code Enforcement Officer, or his/her designee, or any
other person charged by the Borough of Clayton with the enforcement
of this chapter, which may include issuing violations of this chapter
by summons. The inspecting/inspection officer may request the assistance
of the Borough of Clayton Police Department or other police agency
when necessary to execute his or her official duty in a manner prescribed
by law.
[Added 4-12-2018 by Ord.
No. 6-2018]
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.
OCCUPANT
Any individual who lives or sleeps in or has actual possession
of a dwelling unit.
OWNER
Any person or group of persons, firm, corporation or association,
or officer thereof, who owns, operates or is in charge of a rental
facility.
PERSON
An individual, firm, corporation, partnership, association,
trust or other local entity, or any combination thereof.
REGISTERED AGENT
An individual who shall be responsible for receiving notice
of violation of this chapter and fulfilling the responsibility of
the owner of a rental facility to correct such violation. The registered
agent may be the owner. The registered agent must reside in the Borough
of Clayton or within a ten-mile radius of the Borough of Clayton.
The name, address and telephone number of such registered agent must
be filed with the Borough of Clayton as provided in this chapter.
RENTAL FACILITY
Every building, group of buildings or a portion thereof 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 and is meant
to include apartments and apartment complexes.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling.
[Added 12-8-2022 by Ord. No. 19-2022]
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of Clayton 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.
The license term shall commence on May 1 and shall be valid until
April 30 of the following calendar year, at which time it shall expire
and a new registration shall be required. The initial registration
shall occur within 45 days following the adoption of this chapter.
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,
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 Clayton 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
of 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
corporate officers of said corporation 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.
B. If the address of any record owner is not located in Clayton or in
Gloucester County, the name and address of the person who resides
in Gloucester County and who is authorized to accept notices for a
tenant and to issue receipts therefor 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 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. 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.
[Amended 12-27-2001 by Ord. No. 25-01]
At the time of the filing of the registration form, and prior
to the issuance of the license, the owner or agent of the owner must
pay a fee in accordance with the following:
A. An annual registration fee to be charged per block and per lot for
each rental unit as follows:
(2) Two units (duplexes): $15.
(3) Multiple units (three units to 10 units): $50.
(4) Multiple units (11 units to 20 units): $75.
(5) Multiple units (21 units to 100 units): $125.
B. A reinspection fee of $25 (on second and subsequent reinspections).
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
N.J.S.A. 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
equal to the cost of the registration fee will be assessed.
Said license shall be displayed in a conspicuous place in the
licensed premises so it can be seen from outside.
No rental facility license shall be issued or allowed to remain
in effect unless the following standards are complied with:
A. Maintenance.
(1) Every foundation, floor, wall, ceiling, door, window, roof or other
part of the building shall be kept in good repair and capable of the
use intended by its design, and any exterior parts or part thereof
subject to corrosion or deterioration shall be kept well painted.
(2) Every inside and outside stairway and every porch or appurtenance
thereof shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and kept in sound condition and good repair. Every stairway having
three or more steps shall be properly banistered.
(3) Every porch, balcony, roof and/or similar place higher than 30 inches
above the ground used for egress or for use by occupants shall be
provided with adequate railings. Such protective railings shall be
properly balustraded and shall not be less than three feet in height.
No person shall enter upon any such porch, balcony, roof and/or similar
place higher than 30 inches above the ground which is not equipped
with such protective balustraded railings, except in the performance
of maintenance or repair work.
(4) Every roof, wall, window, exterior door and hatchway shall be free
from holes or leaks that would permit the entrance of water within
a dwelling or be a cause of dampness.
(5) Every foundation, floor and wall shall be free from chronic dampness.
(6) Every rental facility shall be free from rodents, vermin and insects.
Rodent or vermin extermination and rodent-proofing may be required
by the inspecting officer or the Board of Health.
(7) Every rental facility shall be clean and free from garbage or rubbish
and hazards to safety. Lawns, hedges and bushes shall be kept trimmed
and shall not be permitted to become overgrown and unsightly. Fences
shall be kept in good repair.
(8) The inspecting officer or the Board of Health may issue an order
to clean, repair, paint, whitewash or paper such walls or ceilings
when a wall or ceiling in a dwelling has deteriorated so as to provide
a harborage for rodents or vermin, or when such wall or ceiling has
become stained or soiled or where the plaster wallboard has become
loose or badly cracked or missing.
(9) Every water closet compartment, floor and bathroom floor shall be
constructed and maintained as to be reasonably impervious to water
so as to permit such floor to be kept in a clean condition.
(10) The owner shall provide adequate trash containers sufficient for
use by the occupants. In the event that there are four or more occupants,
the owner shall provide at least one trash tote, which is approved
by the Borough, for each four occupants or a fraction thereof. Said
trash containers or trash totes shall be placed at the curb on designated
pickup days and removed therefrom after pickup in accordance with
the applicable ordinances of the Borough.
B. Minimum requirements.
[Added 5-23-2002 by Ord.
No. 7-02]
(1) Every rental facility shall have carbon monoxide detectors installed
on every floor.
(2) Every exterior door shall have a thumb screw lock installed on the
same.
(3) Every multifamily housing unit shall have an interconnected hardwired
smoke detector system for every floor.
(4) Every wood stove shall have a construction permit issued prior to
installation and a certificate of approval after installation from
the Construction Official.
(5) Every rental unit shall have GFIC outlets/breakers for all kitchen
and bathroom areas.
(6) Every rental unit shall be free of all hazards that may cause harm
or endanger the life or health of the occupants.
(7) Every rental unit not connected to municipal water and/or sewer must
have certifications for said systems.
(a)
The water certification, at a minimum, shall declare the water
safe for human consumption from a certified laboratory and within
the required state guidelines for human water consumption.
(b)
The septic system and/or cesspools shall be certified by a duly
approved and/or licensed person or business entity that the system
is in good working condition with no obvious problems.
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, 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 60 days, 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 §
76-21 of this chapter.
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 Clayton.
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 Clayton and with all applicable state and federal
laws.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Borough of Clayton
which is not registered and licensed in accordance with this chapter.
Upon 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 day of the next calendar year. A
registration form shall be required for each rental unit, and a license
shall be issued to the owner for each rental unit even if more than
one rental unit is contained in the property.
No rental unit may be registered and no license shall be issued
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.
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Clayton or such other court having jurisdiction, be subject to the penalty provided in Chapter
1, General Provisions, Article
I, Enforcement; General Penalty, §
1-2, Maximum penalty.
Whenever an inspecting officer finds that an emergency exists
with reference to a rental facility and the provisions of this chapter
which require immediate action to protect the health of the occupants
or the general public, he may, without notice or hearing, serve an
order upon the owner reciting the existence of such emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. The owner to whom the order is directed shall comply
therewith immediately, but upon appeal to the Borough Council, as
hereinabove provided, shall be afforded a hearing as hereinbefore
provided as soon as possible, within a period not to exceed 10 days.
The order shall state the right to such hearing.
[Adopted 3-5-2019 by Ord. No. 2019-1]
The owner of a rental unit or units, and the owner of a multifamily
home of four or fewer units, one of which is owner-occupied, shall
annually register the certificate of insurance demonstrating compliance
with § 75-23 of this article with the municipality in which
the rental units or multifamily home is located.
The Borough may enforce the registration provisions of this
article through a summary proceeding pursuant to the "Penalty Enforcement
Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and may
collect a fine of not less than $500 but not more than $5,000 against
an owner who failed to comply with the provisions of this act.