[HISTORY: Adopted by the Township Council of the Township
of Greenwich 8-17-2009 by Ord. No. 21-2009. Amendments noted
where applicable.]
This chapter shall be known as the "Rental Property Code."
The provisions of the Uniform Construction Code, N.J.S.A. 52:27D-119
et seq. and N.J.A.C. 5:23-1 et seq.; Uniform Fire Code, N.J.A.C. 5:70-2
et seq.; and the International Property Maintenance Code, as adopted
by Greenwich Township Resolution No. 9-2003,[1] and their amendments (collectively "codes"), as may be
approved and adopted subsequent thereto by the Department of Community
Affairs of the State of New Jersey, are hereby accepted, adopted and
established as standards to be used as a guide in determining whether
dwellings and buildings in this Township are safe, sanitary and fit
for human habitation and/or rental. A copy of said codes and regulations,
and any amendments subsequent thereto, have been placed on file in
the office of the Township Clerk and are available for inspections
by all persons desiring to use and examine same.
As used in this chapter, the following terms shall have the
meanings indicated:
That portion of a building which is partly above grade and
has at least 1/2 its ceiling heights above grade. Any sleeping room
in a basement shall comply with the emergency escape section of the
aforesaid State Housing Code.
That portion of a building which is partly or completely
below grade and has more than 1/2 its ceiling height below grade.
A room or group of rooms or any part thereof located within
a building forming a single habitable unit with facilities which are
used or designed to be used for living, sleeping, cooking and eating.
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purpose,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage spaces.
Any use, possession or control of real property by persons,
entities or personal property.
Any individual who lives or sleeps in, or has actual possession
of, a dwelling unit.
Any person or entity who owns, purports to own or exercises
control over any real property.
Land and/or buildings thereon.
An individual who shall be responsible for receiving notices
of violation of this chapter, who exercises control of a rental facility,
building and/or structures, and/or 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 County
of Gloucester. The name, address and telephone number of such registered
agent must be filed with the Township of Greenwich as provided in
this chapter.
Every building, group of buildings or a portion thereof consisting
of a dwelling, apartment and/or one or more rooms, inclusive of a
mixed-occupancy building.
A.
Duties of owner, operator and/or registered agent. It shall be the duty of the owner, operator and/or registered agent to comply with all code provisions adopted pursuant to § 537-2 herein.
B.
Conveyance of property. The owner, operator and/or registered agent
of any property under order by an authorized public officer to repair
or demolish said property shall not convey such property to a new
owner without first notifying the public officer. The new owner shall
comply with the order of the public officer as served upon the seller
of said property and shall not occupy said building or premises until
the order of the public officer is obeyed and a certificate of occupancy
is issued by the public officer.
The Housing Code Official is hereby designated to exercise the
powers prescribed by this chapter.
A.
All buildings or structures used, occupied or offered for occupancy
as a "rental facility" on a lease or rental basis shall be registered
in writing on a form provided by the Township of Greenwich, which
form shall be signed by the owner, operator and/or registered agent
and filed with the Township Clerk or his/her designees. Said registration
shall state, among other things, the name, address and telephone number
of the registered agent (which may be the same as the owner), the
location of the building, the portion of the building to be used as
a rental facility, the number of dwelling units, the proposed number
of occupants and their names in each dwelling unit, the number of
rooms in each dwelling unit, the proposed use of each such room, and
the dimensions of each such room. Such registration shall be accompanied
by a floor plan, drawn approximately to scale, indicating the location,
use and dimension of each room covered by the registration.
B.
"Rental facility" registrations shall be renewed on a annual basis.
C.
The annual fee for registration shall be $50.
D.
Notwithstanding any of the other provisions of this section and chapter,
owner-occupied two-unit rental facilities are not required to file
the landlord registration otherwise required by this chapter.
E.
The owner, operator and/or registered agent of the subject rental
facility shall be responsible to file an amended registration statement
with the Township within seven days of any change in any of the information
required by the registration statement.
A.
All buildings or structures used, occupied or proposed to be occupied
as dwelling units and/or rental facilities shall be inspected by the
Housing Code Official before every initial occupancy, change in occupancy
and/or change in the number of occupants.
B.
No owner, agent, broker or person shall purchase, sell, rent, lease
or use any dwelling unit unless a certificate of occupancy has been
issued certifying that the dwelling unit is fit for human habitation
and that the dwelling unit is in compliance with this chapter.
C.
The owner, operator and/or registered agent of the subject property
shall be responsible to complete an application for a certificate
of occupancy before any initial occupancy, proposed change in occupancy
and/or addition to the number of occupants. The Housing Code Official,
within 10 working days of the receipt of said application, shall make
an inspection of the applicable dwelling unit or units. The owner,
operator and/or registered agent must accompany the official, for
inspection. Upon determining that this chapter and all applicable
laws, ordinances, codes, regulations and standards have been complied
with, the official shall issue a certificate of occupancy permitting
occupancy of the inspected dwelling unit.
D.
If the official finds the dwelling unit is not in compliance, the
owner and/or registered agent shall thereupon be notified in writing
within 72 hours after the inspection, specifically noting those violations
requiring corrections before any new occupancy and/or change in occupancy
may commence and that correction of the violations may require construction
permits, to be issued upon proper application to the Construction
Code Official. The Housing Code Official may designate a time frame
for correction of violations, which may be extended by the Official
for good cause. Good cause for such extension shall include but is
not limited to delays caused by weather conditions, unavailability
of building/construction materials, and/or unavailability of contractors
to correct the violations or other extenuating conditions.
(1)
The owner, operator and/or registered agent may file a written request
challenging any part of the notice requiring correction of the code
violation(s). This written challenge must be filed within 10 days
of service of the notice of violation with the Construction Board
of Appeals who shall affirm, modify or dismiss the notice of code
violation. A notice shall be deemed served upon personal service,
upon signing for registered mail, or within two business days of the
postmark of regular mail.
E.
Upon correction of any violations, the owner or registered agent
shall notify the Housing Code Official of the corrections, and within
seven days a reinspection will be made of the required corrections.
F.
The owner, operator and/or registered agent shall be charged a fee
of $40 per unit for the initial inspection as well as subsequent inspections
triggered by change in occupancy or occupants. If reinspection is
required due to correction of violations, an additional fee of $25
per unit must be paid.
G.
Penalties.
(1)
The penalty for a violation of this chapter for failure to obtain
a certificate of occupancy as provided herein or for the failure to
register as required herein shall be:
(2)
With respect to the violations and penalties set forth above, a person
shall be guilty of a separate offense for each thirty-day period that
the person fails to comply with an order to correct and abate a code
violation, fails to obtain a valid certificate of occupancy, or fails
to register as required herein.
(3)
The owner of the property shall be liable for any and all attorney's
fees/costs incurred by the Township of Greenwich to collect fines
assessed hereunder.
H.
The Housing Code Official may perform additional inspections in the
interests of the health, safety and welfare of the public without
charge to the owner. However, if the official issues any notices of
violation as a result of said additional inspections, the owner shall
be required to pay the applicable reinspection fees upon the correction
of the violations.
No person shall occupy or rent to another for occupancy any
dwelling unit for the purpose of living therein and which does not
conform to the provisions of this chapter. No cellar or any part thereof
shall be used for sleeping purposes. Basements may be used for sleeping
purposes, provided that the entire basement complies with all requirements
of this chapter and the emergency escape provisions of the aforesaid
Codes.
A.
Free access. The Housing Code Official is hereby authorized to make
inspections to determine the condition of buildings and structures
in order that they may perform their duty of safeguarding the health,
safety and welfare of the occupants thereof and of the general public.
For the purpose of making such inspections, the Housing Code Official
is hereby authorized to enter, examine and survey buildings and structure
at all reasonable times. The owner, operator, and/or registered agent
or occupant of every building or structure shall give the inspecting
officer free access to the building at all reasonable times.
B.
Complaints. Within 72 hours of the receipt of a complaint alleging
a reported violation of this chapter, an inspection officer shall
conduct an inspection as hereinbefore provided.
A.
Notice. Whenever the Housing Code Official determines that there
has been a violation of this chapter, he/she shall serve a written
notice of the violation on the owner, operator and/or registered agent,
which shall include a statement of the reasons why it is being issued
and what action, if any, the owner, operator and/or registered agent
must take to abate the violation. Said notice shall also state that
the violation(s) must be corrected within 10 days and, if not, that
the certificate of occupancy for the subject premises shall be revoked,
in addition to the remedies and provisions set forth elsewhere in
this chapter. Said period for correction may be extended or abbreviated
by the Housing Code Official for a definite number of days for good
cause. Good cause shall include but is not limited to delays caused
by weather conditions, unavailability of building/construction materials,
unavailability of contractors hired to correct the violations or the
existence of emergent circumstances affecting the health or safety
of occupants or residents of Greenwich.
B.
Revocation; appeal; hearing.
(1)
If a violation is not corrected within 10 days of the service of
a notice thereof, or any extension or abbreviation given, the Housing
Code Official may serve an order upon the owner, operator and/or registered
agent that the certificate of occupancy is revoked and occupancy prohibited,
effective five days from the service thereof.
The Township of Greenwich may, by resolution of the Mayor and
Council, direct the abatement of a nuisance to correct a defect or
put the premises in such proper condition so as to comply with the
requirements of this chapter, and the costs thereof, including an
allocation of any professional fees incurred upon the certification
to it by the public officer of the amount of the costs, shall be charged
as a lien against the subject lands and premises and shall be added
to and form a part of the taxes next to be assessed and levied upon
such lands and premises, to bear interest at the same rate as taxes,
and shall be collected and enforced in the same manner as taxes.
The Housing Code Official is authorized to promulgate such forms
as may be necessary to implement and enforce the provisions of this
chapter.
Whenever the Housing Code Official, and/or any public officials,
find that an emergency exists with reference to a dwelling unit and/or
rental facility, and the provisions of this chapter require immediate
action to protect the health of the occupants or the general public,
he/she may, without notice or hearing, serve an order upon the owner
or registered agent, as the case may be, reciting the existence of
such emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately. The owner or registered
agent to whom the order is directed shall comply therewith immediately,
unless he/she appeals to the Township Council. The order shall state
the right to such hearing.
Notices issued by the Housing Code Official pursuant to this
chapter shall be served upon the owner, operator and/or registered
agent, either personally or by registered mail, but if the whereabouts
of such person is unknown, then the serving of such notices shall
be made by posting a copy thereof upon the subject premises in a conspicuous
place.
In any case where the provisions of this chapter impose a higher
standard as set forth in any other local ordinances or under the laws
of the State of New Jersey, then the standards that are set forth
herein shall prevail, but if the provisions of this chapter impose
a lower standard than any other local ordinances or of the laws of
the State of New Jersey, then the higher standard contained in any
such other ordinance, or code, or statute shall prevail.
Any person who shall violate any of the provisions of this chapter
for which a penalty has not otherwise been established shall, upon
conviction thereof, be sentenced to one or more of the following:
a fine not exceeding $1,000, imprisonment for a term not exceeding
90 days, or a period of community service not exceeding 90 days. A
person shall be guilty of a separate offense under this section for
each day that the person continues to violate any provisions of this
chapter for which a penalty has not otherwise been established.
This chapter shall take effect on December 31, 2009.
[Added 11-19-2012 by Ord. No. 12-2012]
For the purposes of the following provisions of this chapter,
the following meanings shall apply:
A person designated pursuant to N.J.S.A. 40:48-2.12p to hear
and determine proceedings under this chapter.
Person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, which building contains
no more than four dwelling units. In the case of a mobile home park,
"landlord" shall mean the owner of an individual dwelling unit within
the mobile home park.
A complaint which may form the basis for proceedings in accordance
with N.J.S.A. 40:48-2.12q.
[Added 11-19-2012 by Ord. No. 12-2012]
A.
If, in any twenty-four-month period, three complaints, on separate
occasions, of conduct upon or in proximity to any rental premises,
and attributable to the acts or incitements of any of the tenants
of those premises, have been substantiated by prosecution and conviction
(including guilty pleas) in any court of competent jurisdiction of
a violation of any provision of Title 2C of the New Jersey Statutes
or any municipal ordinance governing disorderly conduct, the individual
so designated by the governing body for the purpose may institute
proceedings to require the landlord of the premises to post a bond
against the consequences of future incidents of the same character.
B.
The person designated pursuant to Subsection A hereof shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the municipality, notice advising institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and the time and place at which a hearing will be held in the matter, which shall be in the Municipal Building, Municipal Court, or other place within the municipality, and which shall be no sooner than 30 days from the date upon which notice is served or mailed.
C.
At the hearing, the Hearing Officer shall give full hearing both
to the complaint of the municipality and to any evidence in contradiction
or mitigation that the landlord, if present or represented, and offering
such evidence, may present. The Hearing Officer may consider prior
complaints about the residents of the property, even if these complaints
did not result in a conviction. At the conclusion of the hearing,
the Hearing Officer shall determine whether the landlord shall be
required to post a bond in accordance with the terms of this chapter.
D.
Any bond required to be posted shall be in accordance with the judgment
of the Hearing Officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
(1)
Damages likely to be caused to public or private property and damages
consequent upon disruption of affected residents' rights of fair
use and quiet possession of their premises; and
(2)
Securing the payment of fines and penalties likely to be levied for
such offenses; and
(3)
Compensating the municipality for the cost of repressing and prosecuting
such incidents of disorderly behavior; and
(4)
No such bond shall be in an amount less than $500 nor more than $5,000.
The municipality may enforce the bond thus required by action in the
Superior Court and shall be entitled to an injunction prohibiting
the landlord from making or renewing any lease of the affected premises
for residential purposes until that bond or equivalent security, in
satisfactory form and amount, has been deposited with the municipality.
E.
A bond or other security deposit shall be in force for a period of
four years. Upon the lapse of the specified period, the landlord shall
be entitled to the discharge thereof, unless prior thereto further
proceedings leading to the forfeiture or partial forfeiture of the
bond or other security shall have been had under this chapter, in
which case the security shall be renewed in an amount and for a period
that shall be specified by the Hearing Officer.
F.
Transfer of ownership or control of the property shall not void a
requirement for security imposed under this chapter. The person or
persons to whom ownership or control is transferred shall maintain
that security, and shall be subject to injunctive proceedings as authorized
herein in the same manner as the landlord upon whom the requirement
was originally imposed; provided, however, that the Mayor and Council
may by resolution shorten the period for which security is required
to not less than one year to the date of the transfer of ownership
or control, if during that year no substantiated complaints are recorded
with respect to the property in question.
G.
A landlord may recover from a tenant any amounts of security actually
forfeited pursuant hereto.
[Added 11-19-2012 by Ord. No. 12-2012]
A.
If during the period for which a landlord is required to give security
a substantiated complaint is recorded against the property in question,
the Mayor and Council or its designee may institute proceedings against
the landlord for the forfeiture or partial forfeiture of the security,
for an extension of the period for which security is required, or
for increase in the amount of security, or for any or all of those
purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the Hearing Officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 537-19. Any decision by the Hearing Officer to increase the amount or extent of the period of the required security shall be determined in light of the same factors set forth in § 537-19 herein, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of N.J.S.A. 40:48-2.12n et seq.
[Added 11-19-2012 by Ord. No. 12-2012]
Any hearing pursuant to this chapter shall be before a licensed
attorney of the State of New Jersey named by the governing body. The
Hearing Officer named shall not own or lease any real property within
the Township of Greenwich, nor hold any interest in the assets of
or profits arising from the ownership or lease of such property.
