This chapter is enacted to further the public health, safety, morals and general welfare of the Borough of Mendham.
The following terms, whenever used or referred to in this chapter, shall have the following respective meanings for the purposes of this chapter, unless a different meaning clearly appears from the context.
CODE OFFICIAL The official of the Borough of Mendham who is charged with the administration and enforcement of this chapter, or any duly authorized deputy.
HOUSING SPACE That portion of a dwelling rented or offered for rent for living or dwelling purposes and in which cooking equipment is supplied. The term shall not mean or include public housing or dwelling space in any hotel, motel or established guest house, commonly regarded as a hotel, motel or established guest house, as the case may be, in the Borough.
OWNER The holder or holders of record title or title by operation of law.
PARTIES IN INTEREST All individuals, associations and corporations who own or have an interest of record in a housing space or rental dwelling or who are in actual possession thereof or any person authorized to receive rents payable for housing space or a rental dwelling.
PERSON Any individual who is at least 12 months of age and who resides in the rental dwelling or housing space.
The name, address and telephone number of the owner(s) or its agent shall be posted in a conspicuous location on the ground floor hall of each housing space regulated by this chapter.
Initial landlord-tenant registration forms shall be filed with the Borough Clerk or the Designated Code Official within 90 days of the effective date of this chapter. Thereafter, the owner and tenant shall file the completed landlord-tenant registration form with the Borough Clerk or Designated Code Official within 15 days of the inception of a tenancy, any change in the occupancy of the housing space, or a change in ownership.
It shall be the duty of the owner or its agent to supply to each tenant a copy of this chapter and any amendments thereto, as well as a copy of such administrative rules and regulations as shall be in effect at the time the premises are rented. For tenants in place at the time this chapter is adopted, the owner or its agent, shall, within 15 days from the ordinance's effective date, serve on each tenant a copy of this chapter and such rules and regulations as shall be in effect.
The Borough Council may, by resolution, from time to time, accept recommendations from the Code Official and make and adopt such written administrative rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter and to secure its intent. Such rules and regulations shall not be in conflict with the provisions of this chapter nor any other ordinances of the Borough of Mendham, nor shall they have the effect of waiving any provisions of this chapter or any other ordinance. Such administrative rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same.
Any violation of this chapter by either the owner (s) or the tenant by the refusal or failure of either to file the said certificate or to sign the same shall be punishable based upon the following schedule:
A. First violation: Receipt of written warning from the Borough;
B. Second violation: Fine of $100;
C. Third and subsequent violations: Violator shall be subject to the penalties as set forth in §
1-15 of the Code of the Borough of Mendham.
The penalty hereinabove shall be printed in full on the certificate so that both the owner(s) and the tenant may be fully apprised of the penalty to be imposed by the failure to comply with the provisions of this chapter.
The certificate of registration, as set forth on the form approved by the Designated Code Official, shall stand as a certificate of compliance as required by this chapter if the certificate of registration was received within two months of the required annual inspection date.