[HISTORY: Adopted by the Borough Council of the Borough of
Mendham 6-21-2010 by Ord. No. 8-10. Amendments noted where applicable.]
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.
The official of the Borough of Mendham who is charged with
the administration and enforcement of this chapter, or any duly authorized
deputy.
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.
The holder or holders of record title or title by operation
of law.
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.
Any individual who is at least 12 months of age and who resides
in the rental dwelling or housing space.
A.
It shall be the duty of every owner or party in interest and every
tenant or prospective tenant of housing space within the Borough of
Mendham to file with the Code Official on the landlord-tenant registration
form, as prescribed, the following information:
(1)
The name of the person or persons to whom the rental housing space
is being rented.
(2)
The number of square feet of the total area actually being rented
to the tenant, the number of square feet of area to be used as sleeping
quarters and the number of square feet in all other habitable rooms.
(3)
The number of rooms being rented to each tenant, including the square
footage of each room.
(4)
The number of persons to occupy the area being rented.
(5)
The owner's name, address and telephone number.
(6)
The owner's agent (or other party in interest's) name,
address and telephone number.
(7)
The names, telephone numbers and ages of the persons to occupy the
area being rented, except that each person 18 years and older may
use the designation "adult" for age.
B.
The owner or its agent and the tenant or prospective tenant shall
sign the landlord-tenant registration form verifying the information
contained in said form.
A.
Apart from any zoning or other regulatory issues, the filing of the registration form in accordance with the requirements of § 161-3 and payment of an inspection fee of $100 per housing space or rental dwelling shall constitute a legally registered housing space with the Borough of Mendham and for purposes of legal proceedings in connection therewith.
B.
Upon change of ownership, occupancy or inception of a new tenancy,
a new landlord-tenant registration form shall be filed together with
a reinspection fee of $50 dollars to continue the legally registered
housing space.
C.
Each housing space or rental dwelling in the Borough of Mendham shall
be subject to an annual reinspection as to which a reinspection fee
of $50 shall be paid by the landlord. The reinspection shall take
place 12 months after the initial landlord-tenant registration form
is completed and the inspection is performed and certified to by the
Designated Code Official.
D.
Each owner and/or its agent shall file a landlord certificate of
Registration with the Borough Clerk as required by state law (N.J.S.A.
46:8-27 et seq.).
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:
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.
A.
Access from sleeping rooms. Sleeping rooms shall not be used as the
only means of access to other sleeping rooms or habitable spaces.
Exception: Dwelling units that contain fewer than two bedrooms.
B.
Area for sleeping purposes. Every room occupied for sleeping purposes
by one occupant shall contain at least 70 square feet of floor area,
and every room occupied for sleeping purposes by more than one person
shall contain at least 50 square feet of floor area for each occupant
thereof.
C.
Water closet accessibility. Every bedroom shall have access to at
least one water closet and one lavatory without passing through another
bedroom.
D.
Overcrowding. Dwelling units shall not be occupied by more occupants
than permitted by the minimum occupancy area requirements in the following
table below:
E.
Combined spaces. Combined living room and dining room spaces shall
comply with the requirements of the above table if the total area
is equal to that required for separate rooms and if the space is located
so as to function as a combination living room/dining room.
F.
Prohibited uses.
(1)
Kitchens, nonhabitable spaces and interior public spaces shall not
be used for sleeping purposes.
(2)
In addition, any other nontraditional sleeping quarter spaces such
as attics and basements shall not be used for sleeping purposes if
they do not meet the requisite standards regarding emergency escape
and rescue openings, means of egress and all other requirements as
set forth by the Uniform Construction Code and the International Residential
Code 2006, New Jersey Edition.
G.
Minimum ceiling heights.
(1)
Habitable spaces, other than kitchens, shall have a clear ceiling
height of not less than seven feet four inches. Hallways, corridors,
laundry areas, bathrooms, toilet rooms, and kitchens shall have a
clear ceiling height of not less than seven feet.
(2)
Exceptions.
(a)
Beams or girders spaced not less than four feet on center and
projecting not more than six inches below the required ceiling height,
provided the minimum clear height is not less than six feet eight
inches.
(b)
Dropped or furred ceilings over no more than 1/2 of the minimum
floor area required by this chapter, provided no part of such dropped
or furred ceiling is less than seven feet in height.
(c)
Rooms used exclusively for sleeping, study, or similar uses
and having a sloped ceiling over all or part of the room, with a clear
ceiling height of at least seven feet over not less than 1/3 of the
required minimum floor area. In calculating the floor area of such
rooms, only those portions of the floor areas with a clear ceiling
height of five feet or more shall be included.
(d)
Minimum room widths. A habitable room, other than a kitchen,
shall not be less than seven feet in any plan dimension. Kitchens
shall have a clear passageway of not less than three feet between
counter fronts and appliances or counter fronts and walls.
(e)
Food preparation. All spaces to be used for food preparation
shall contain suitable space and equipment to store, prepare and serve
foods in a sanitary manner. There shall be adequate facilities and
services for the sanitary disposal of food waste and refuse, including
facilities for temporary storage.
A.
Notices and orders. The Code Official, as hereinabove defined, shall
issue all necessary notices and orders to abate illegal or unsafe
conditions to insure compliance with the requirements of this chapter
for the safety, health, and general welfare of the public.
B.
Inspections. In order to safeguard the safety, health and welfare
of the public, the Code Official is authorized to enter any structure
or premises at any reasonable time for the purpose of making inspections
and performing duties under this chapter.
C.
Right of entry. If any owner, occupant or other person in charge
of a structure subject to the provisions of this chapter refuses,
impedes, inhibits, interferes with, restricts, or obstructs entry
and free access to any part of the structure or premises where inspection
authorized by this chapter is sought, the administrative authority
shall be permitted to seek, in a court of competent jurisdiction,
an order that such owner, occupant or other person in charge cease
and desist with such interference.
D.
Credentials. The Code Official and authorized representatives shall
carry proper credentials of their respective office for the purpose
of inspecting any and all buildings and premises in the performance
of duties under this chapter.
E.
Coordination of enforcement. Inspection of premises, the issuance
of notices and orders and enforcement thereof shall be the responsibility
of the Code Official so charged by the Borough. Whenever inspections
are necessary by any other department the Code Official shall make
reasonable effort to arrange for the coordination of such inspections
so as to minimize the number of visits by inspectors, and to confer
with the other departments for the purpose of eliminating conflicting
orders, notices or summons before any are issued. A department, however,
shall not delay the issuance of any emergency order.
F.
Official records. An official record shall be kept of all business
and code enforcement activities of the Code Official and other personnel
necessary to administer this chapter as authorized by the Borough
of Mendham. All such official records shall be open to public inspection
at all appropriate times and under reasonable administrative rules
to assure the integrity and security of such records.
