[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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:
(1) 
One unit: $10.
(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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 5-10-2018 by Ord. No. 9-2018; 12-8-2022 by Ord. No. 19-2022; 6-13-2024 by Ord. No. 16-2024]
A. 
Inspection; penalty for not appearing. A fee of $100 shall be charged to any landlord who fails to appear or have an authorized person appear for an inspection as scheduled.
B. 
If the inspecting officer finds noncompliance with any requirement of this chapter, he shall furnish the owner with a written statement specifying the same. The owner may thereupon do any of the following:
(1) 
Remedy the defect(s) and request a reinspection. One reinspection will be made at no charge. If additional reinspections are necessary, a fee of $25 shall be charged for each reinspection thereafter.
(2) 
Appeal the decision of the inspecting officer to the Borough of Clayton in the manner hereinafter provided.
(3) 
Apply to the Borough of Clayton for a waiver of the defect.
C. 
Lead-based paint hazard inspection frequency requirements; single-family, two-family, and multiple rental dwellings.
(1) 
This section is adopted pursuant to N.J.S.A. 52:27D-437.16.
(2) 
The following is required in regard to lead-based paint hazard inspections for single-family, two-family and multiple rental dwellings:
(a) 
The Housing Officer shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough at tenant turnover for lead-based paint hazards or by July 22, 2024, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification pursuant to this section.
(b) 
The Borough shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the inspection as may be set from time to time by the Borough.
(c) 
A rental dwelling owner or landlord may directly hire a lead evaluation contractor who is certified by the New Jersey Department of Health to provide lead paint inspection services to satisfy the requirements of Subsection C(1).
(d) 
The Housing Officer or lead evaluation contractor with the duty to inspect single-family, two-family, and multiple dwellings pursuant to this section may consult with the Local Heath Board, the Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for repair of dwellings containing lead paint.
(e) 
Fees established pursuant to this subsection shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose.
(3) 
Notwithstanding Subsection B of this section to the contrary, a dwelling unit in a single-family, two-family, or multiple dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a) 
Has been certified to be free of lead-based paint;
(b) 
Was constructed during or after 1978;
(c) 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1.
(d) 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
(e) 
Has a valid lead-safe certification issued in accordance with this section.
(4) 
Lead-based paint hazard inspection and remediation.
(a) 
In the event a lead evaluation contractor or Housing Officer finds that lead-based paint hazard exists in a dwelling unit upon conducting and inspection pursuant to this section, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Evaluation and Abatement Code N.J.A.C. 5:17-1.1 et seq. Upon the remediation of the lead-based paint hazard, the lead evaluation contractor or permanent local agency shall conduct an additional inspection of the unit to verify that the hazard no longer exists.
(b) 
In the event a lead evaluation contactor of Housing Officer finds that no lead-based paint hazards exist in a dwelling unit upon conducting and inspection pursuant to this section or following remediation of a lead-based paint hazard pursuant to Subsection C(4)(a), then the lead evaluation contractor of Housing Officer shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to Section 8 of N.J.S.A. 52.27D-437.20. The lead-safe certification provided to the property owner pursuant to this subsection shall be valid for two years.
(5) 
In the event a lead evaluation contractor or Housing Officer finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, notification shall be made to the Commissioner of Community Affairs, in accordance with Section 8 of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.8.
(6) 
Beginning on July 22, 2022, property owners shall notify the Housing Officer of all tenant turnovers.
(7) 
In addition to the fees permitted to be charged for inspection of rental housing pursuant to this section, each unit owner shall be charged an additional fee of $20 per unit inspected by a certified lead evaluation contractor or permanent local agency for the purposes of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.1 et seq., concerning lead hazard control work, unless the unit owner demonstrated that the Department of Community Affairs has already assessed an additional inspection fee of $20 pursuant to the provision of Section 10 of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this subsection shall be deposited in the "Lead Hazard Control Assistance Fund" established pursuant to Section 4 of the N.J.S.A. 52:27D-437.4.
(8) 
A rental owner that has failed to comply with the requirements for inspection and/or remediation and abatement after 30 days' written notice to cure shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
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.
[Amended 9-26-2024 by Ord. No. 21-2024]
A. 
(Reserved)
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Clayton, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Clayton shall not be used as a valid substitute.
C. 
Such inspection shall be for the purpose of determining Zoning Ordinance compliance[1] and, to the extent applicable, to determine if the property complies with the Property Maintenance Code, Uniform Construction Code, Housing Code, Building Code, and/or Uniform Fire Safety Act.
[1]
Editor's Note: See Ch. 88, Unified Development.
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.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming/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/boardinghouses and of the general public. For the purpose of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units and rooming/boardinghouses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming/boardinghouse shall give the inspecting officer free access to the rental facility, rental unit and rooming/boardinghouse at all reasonable times for the purpose of such inspections, examinations and surveys.
B. 
Every occupant shall give the owner of the rental facility, rental unit and rooming/boardinghouse access to any part of such rental facility, rental unit and rooming/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.
C. 
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 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.
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 § 76-21 of this chapter.
B. 
Only those occupants whose names are on file with the Borough as required in this chapter 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 § 76-21 of this chapter.
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.
A. 
Occupants. Only those occupants whose names are on file with the Borough Clerk as provided in this chapter 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. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 76-21 of this chapter.
A. 
Grounds. In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the license issued hereunder upon the happening of one or more of the following:
(1) 
Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.
(2) 
Determination of a violation of this chapter at a hearing held pursuant to Subsection B herein.
(3) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of § 68A-11.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this chapter.
(5) 
Maintaining the rental unit or units or the property in which the rental unit is a part in a dangerous condition likely to result in injury to person or property.
B. 
Procedure; written complaint; notice; hearing.
(1) 
A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: Director of Public Safety, Chief of Police, Construction Official, Housing Inspector, the Zoning Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Clerk or designee. The complaint shall be specific and shall be sufficient to apprise the licensee of the charges so as to permit the licensee to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information.
(2) 
Upon the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Borough Council and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter. The Borough Clerk or designee shall forward a copy of the complaint and a notice as to the date of the hearing to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
(3) 
The hearing required by this section shall be held before the Borough Council unless, in its discretion, the Borough Council determines that the matter shall be heard by a hearing officer or hearing officers who shall be appointed by the Borough Council. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Borough Council within 30 days of the conclusion of the hearing. Borough Council shall then review the matter and may accept, reject or modify the recommendations of the hearing officer based on the record before such hearing officer. In the event that the matter is not referred to a hearing officer and is heard by Borough Council, then the Borough Council shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the license or determining that the license shall not be renewed or reissued for one or more subsequent years.
(4) 
A stenographic transcript shall be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply and the evidential rules and burden of proof shall be that which generally control administrative hearings.
(5) 
The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
C. 
Defenses. It shall be a defense to any proceeding for revocation, suspension or other disciplinary action involving a rental license by demonstrating that the owner has taken appropriate action and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, eviction of the tenant(s) or otherwise.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).