[HISTORY: Adopted by the Township of Howell 12-23-1974 as § 8-2
of the 1974 Code, as amended through Ord. No. O-99-35. Subsequent
amendments noted where applicable.]
[Amended 7-17-2007 by Ord. No. O-07-26; 11-14-2016 by Ord. No. O-16-25]
The administrative and enforcing authority for the provisions
of this chapter shall be the Construction Official, Director of Land
Use, Zoning Officer, and the Code Enforcement Officials. These officials
may call upon agents or representatives of the Township, including
but not limited to the Board of Health Officer, Director of Community
Development, Police Department and Fire Official, to assist in the
enforcement of this chapter.
[Amended 7-17-2007 by Ord. No. O-07-26; 11-14-2016 by Ord. No. O-16-25]
For the purpose of this chapter, the New Jersey State Housing
Code, as amended and supplemented, shall constitute the standard to
guide all enforcement officials in determining the fitness of any
dwelling or unit thereof for human habitation, use or occupancy. In
addition, the enforcement officials shall consider conditions such
as the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident or other
calamity; lack of adequate ventilation, light or sanitary facilities;
and dilapidation, disrepair, structural defects or uncleanliness.
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use and governing the condition of dwellings. Three copies of the New Jersey State Housing Code have been placed on file in the office of the Township Clerk and are available to all persons desiring to use and examine the same.
[Amended 7-17-2007 by Ord. No. O-07-26; 11-14-2016 by Ord. No. O-16-25]
The enforcement officials designated in this chapter shall make
inspections to determine the conditions of dwellings, dwelling units,
rooming units and premises located within the Township. For the purpose
of making inspections, the enforcement officials or their agent are
authorized to enter and examine any dwelling, dwelling unit, rooming
unit or premises at such reasonable hours as the circumstances of
the case permit. This section shall not be construed to prohibit the
entry of any such officials or their agent at any time when an actual
emergency exists which tends to create a danger to public health or
safety or at any time when an inspection is requested by the owner
or occupant.
[Amended 7-17-2007 by Ord. No. O-07-26; 11-14-2016 by Ord. No. O-16-25]
Upon presentation of proper identification, the owner, occupant
or person in charge of a dwelling, dwelling unit, or rooming unit
shall give the enforcing officials or their agent free access to the
premises for the purpose of inspection or making any repairs or alterations
which are necessary to effect compliance with this chapter.
[Amended 7-17-2007 by Ord. No. O-07-26]
A.
Whenever it is determined by any of the enforcing officials that
there are reasonable grounds to believe that there has been a violation
of any provision of this chapter or of any rule or regulation adopted
pursuant thereto, he/she shall issue a citation for the alleged violation
to the person or persons responsible therefor.
[Amended 11-14-2016 by Ord. No. O-16-25]
B.
The citation shall be accompanied by a notice, which
shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being
issued.
(3)
Be served upon the owner or his/her agent or the occupant,
as the case may require, provided that notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him/her personally, or if a copy thereof
is sent by certified mail to his/her last known address, or if a copy
thereof is posted in a conspicuous place in or about the dwelling
affected by the notice, or if he/she is served with such notice by
any other method authorized or required under the laws of this state.
C.
The notice may contain an outline of remedial action
which, if taken, will effect compliance with the provisions of this
chapter and with rules and regulations adopted pursuant thereto, and
allow a reasonable time for the performance of any such action.
D.
The citation which has been issued in connection with
the enforcement of any provisions of this chapter, or of any rule
or regulation adopted pursuant thereto, shall set forth a date upon
which any person affected by the citation may request and shall be
granted a hearing on the matter before the Howell Township Municipal
Court. At the hearing, such person shall be given an opportunity to
be heard and to show why the citation should be modified or withdrawn
in accordance with the rules governing municipal court. If there is
no hearing requested or no opposition to the issuance of the citation
entered by the date set forth on the citation, the citation shall
be deemed an order.
E.
For penalties and fines imposed by citations in excess
of $1,250 upon an owner or responsible persons for violations of this
chapter, there shall be provided a thirty-day period in which the
owner or responsible person shall be afforded the opportunity to cure
or abate the condition and shall be afforded an opportunity for a
hearing before the Howell Township Municipal Court for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if the Court has not determined otherwise or, upon reinspection of
the affected property, it is determined that the abatement has not
been substantially completed.
F.
The Howell Township Municipal Court shall retain jurisdiction
over the citations issued by the Construction Official, the Housing
Official, the Code Enforcement Official or his/her agent for violations
of the Housing Code.
[Added 2-21-2023 by Ord. No. 23-4]
A.
It shall be unlawful for any person, including the owner or agent,
to allow a greater number of persons than the posted maximum number
of occupants to sleep in or occupy any residential structure. Per
the New Jersey Housing Code, the maximum number of occupants is computed
in accordance with the following:
(1)
Every bedroom occupied by one occupant shall contain at least 70
square feet of floor area, and every bedroom occupied by more than
one person shall contain at least 50 square feet of floor area for
each occupant thereof.
(2)
Rental units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements as set forth in this article.
If there is a discrepancy regarding the number of occupants permitted
pursuant to this article, the most restrictive requirement shall govern.
B.
It shall be unlawful and in violation of this article for an owner
of any registered rental unit to:
C.
Any property owner or other person violating the provisions of this
section shall be subject to the penalty provisions of this chapter.
The Township shall also have the right to enjoin violations of this
section in any court of competent jurisdiction by way of order to
show cause or similar process. All costs attendant to enforcement
of this section shall be assessed as a lien against the subject property,
enforceable and collectible in the same manner as liens for delinquent
real property taxes and municipal service charges.
D.
For the purposes of this section, a bedroom is defined as a room
with a closet with a minimum measurement of seven feet in one direction
and is located along an exterior wall but does not include a hall,
bathroom, kitchen, living room, dining room, family room, laundry
room, closet/dressing room. A bedroom may not be used to access another
bedroom and must have at least two legal means of egress as defined
in the Uniform Construction Code.[2]
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[1]
Editor's Note: Former § 178-7, Hearings,
was repealed 7-17-2007 by Ord. No. O-07-26.
[Amended 7-17-2007 by Ord. No. O-07-26]
Whenever the Construction Official, the Housing
Official, or the Code Enforcement Official finds that an emergency
exists which requires immediate action to protect public health or
safety, he/she may, without notice of hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as he deems necessary to meet the emergency. Notwithstanding
the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply
therewith immediately but upon petition to the Construction Official,
Housing Official, or the Code Enforcement Official shall be afforded
a hearing before the Municipal Court as soon as possible. After such
hearing, depending upon the Court's findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with, the Municipal Court shall continue
such order in effect or modify it or revoke it.
No person shall occupy as owner or occupant,
or rent to another for occupancy, any dwelling or dwelling unit for
the purpose of living therein which does not conform to the provisions
of the New Jersey State Housing Code established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[1]
Editor's Note: Former § 178-10, Certificates of
occupancy, was repealed 4-5-2011 by Ord. No. O-11-08.
[Amended 7-17-2007 by Ord. No. O-07-26]
Whenever a petition is filed with the Construction
Official by a public authority as defined in N.J.S.A.. 40:48-2.4 or
by at least five residents of the Township charging that any dwelling
is unfit for human habitation as defined in the Housing Code, or whenever
it appears to the Construction Official on his/her own motion that
any dwelling is unfit for human habitation as herein defined, he/she
shall, if his/her preliminary investigation discloses a basis for
such charges, issue and cause to be served upon the owner of and parties
in interest in such dwelling a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Construction Official, or his/her designated agent, at a place
therein fixed not less than seven days nor more than 30 days after
the serving of the complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person, or otherwise, and give testimony at the time and
place fixed in the complaint; and that the rules of evidence prevailing
in the courts of law or equity shall not be controlling in hearings
before the Construction Official.
A.
If, after such notice and hearing as provided above,
the Construction Official determines that the dwelling under consideration
is unfit for human habitation, as defined in the Housing Code, he/she
shall state in writing his/her findings of fact in support of such
determination and shall issue and cause to be served upon the owner
thereof and the parties in interest an order requiring:
[Amended 7-17-2007 by Ord. No. O-07-26]
(1)
The owner to repair, alter or improve the building
within a reasonable time, which time shall be set forth in the order,
or, at the option of the owner, to vacate or to have said building
vacated and closed within the time set forth in the order; and
(2)
If the building is in such a condition as to make
it dangerous to the health and safety of persons on or near the premises
and the owner fails to repair, alter or improve the building within
the time specified in the order, that the owner shall remove or demolish
the building within a reasonable time as specified in the order of
removal.
B.
If the owner fails to comply with an order to repair,
alter or improve or, at the option of the owner, to vacate and close
the building, the Building Inspector may cause such building to be
repaired, altered or improved, or to be vacated and closed, and the
Construction Official may cause to be posted on the main entrance
of any building so closed a placard with the following words: "This
building is unfit for human habitation or occupancy or use; the use
or occupation of this building is prohibited and unlawful."
C.
If the owner fails to comply with an order to remove
or demolish the building, the Construction Official may cause the
building to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for, and receipt of, bids
therefor.
D.
The cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges incurred in the course of
any proceeding taken under this chapter determined in favor of the
Township and the costs of such repairs, alterations or improvements,
or vacating and closing, removal or demolition, if any, or the amount
of the balance thereof remaining after deduction of the sum, if any,
realized from the sale of materials derived from such building or
from any contract for removal or demolition thereof shall be a municipal
lien against real property upon which such cost was incurred.
(1)
If the building is removed or demolished by the Construction
Official, he/she shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof
the proceeds of any sale of such materials or any sum derived from
any contract for the removal or demolition of the building.
(2)
If there are no such credits or if the sum total of
such costs exceeds the total of such credits, a detailed statement
of the aforesaid costs and the amount so due shall be filed with the
Township Tax Assessor or other custodian of the records of tax liens
and a copy thereof shall be forthwith forwarded to the owner by certified
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the Construction
Official, shall be secured in such manner as may be directed by such
Court and shall be disbursed according to the order or judgment of
such Court to the persons found to be entitled thereto by final order
or judgment of such Court.
[Amended 7-17-2007 by Ord. No. O-07-26]
(3)
Any owner or party in interest may, within 30 days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[Amended 7-17-2007 by Ord. No. O-07-26]
E.
Nothing in this chapter shall be construed to impair
or limit in any way the power of the Township to define and declare
nuisances and to cause their removal or abatement by summary proceedings
or otherwise.
[Added 7-17-2007 by Ord. No. O-07-26]
[Amended 7-17-2007 by Ord. No. O-07-26]
Complaints or orders issued by the Construction Official pursuant to §§ 178-11 and 178-12 of this chapter shall be served upon persons either personally or by certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Construction Official in the exercise of reasonable diligence and the Construction Official shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once in a newspaper having circulation in the Township of Howell. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of the complaint or order shall be duly recorded or lodged for record with the County Clerk.
The Construction Official is hereby authorized
and empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this chapter,
including the following in addition to others herein granted:
A.
To investigate the dwelling conditions in the Township
in order to determine which dwellings therein are unfit for human
habitation.
B.
To administer oaths and affirmations, examine witnesses
and receive evidence.
C.
To enter upon premises for the purpose of making examination,
provided that such entry shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
D.
To appoint and fix the duties of such officers, agents
and employees as he deems necessary to carry out the purposes of this
chapter.
E.
To delegate any of his functions and powers under
this chapter to such officers and agents as he may designate.
Nothing in this chapter shall be construed to
abrogate or impair the power of the Township, or any officer or department
thereof, to enforce any provisions of its Charter or its ordinances
or regulations, or to prevent or punish violations thereof, and the
powers and standards conferred and established by this chapter shall
be in addition and supplemental to the powers conferred and standards
established upon the Township by any other law or ordinance.
Notwithstanding any other provisions of this
chapter, if an actual and immediate danger to life is posed by the
threatened collapse of any fire-damaged or other structurally unsafe
building, the Construction Official and/or Fire Official may, after
taking reasonable steps under the circumstances to notify the property
owner(s) or occupant(s), take such measures as may be necessary to
make such building temporarily safe and secure, which costs thereof
shall become a lien on the property subject to the provisions of this
chapter, and seek in a summary proceeding a judgment for the demolition
and all costs thereof.
[Added 4-5-2011 by Ord. No. O-11-08]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meanings:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed. The term can include an apartment manager or management
company.
A room or combination of rooms in one building designed for
use as a living unit or any room or rooms in a rooming/boarding house
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 a residence, for an office,
or for the operation of any industry or business, or for any other
type of independent use.
Any building(s), containing four or more apartments/rental
units.
The license issued by the Housing Official, attesting that
the rental unit has been properly registered and inspected in accordance
with this chapter.
Any person or group of persons, firm, corporation, or officer
thereof, partnership, association, or trust, who owns, or has an ownership
interest in a rental facility.
An individual, firm, corporation, partnership, trust or other
legal entity, or any combination thereof.
Every dwelling, 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.
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within residences,
single-family homes, townhouses and condominium units, buildings and
apartment complexes. This shall exclude I Use Groups as defined by
Uniform Construction Code.[1]
The person or persons to whom a dwelling is leased, rented,
occupied by, or has actual possession of a dwelling unit, other than
the record owner.
[Amended 11-14-2016 by Ord. No. O-16-25; 6-25-2024 by Ord. No. 24-24]
A.
All rental units must be registered, inspected and licensed in accordance
with this chapter.
B.
All rental units shall hereafter be registered with the Housing Official
of the Township of Howell on forms which shall be provided for that
purpose and which shall be obtained from the Housing Official's
office, or designee. A registration form is required for each rental
unit.
C.
For properties containing one rental unit, landlord registration
shall be made simultaneously with the application of a rental certificate
which shall be required annually on the anniversary date of the initial
registration or at the time of change of ownership or tenancy.
D.
Where a rental facility contains multiple rental units, landlord
registration shall be made annually on or within 30 days of January
1.
E.
Each rental unit shall be reinspected with each change in occupancy.
A registration form is required for each rental unit.
F.
Continued occupancy beyond the expiration date of a rental certificate and landlord registration is a violation of this chapter and subject to violations and fines in accordance with § 178-30.
G.
Failure to register a rental unit or occupying without a rental certification
and landlord registration shall result in a fine of not less than
$1,000 for the first offense and $2,000 for the second offense. The
fine shall be imposed for each unit not registered and shall count
as separate offenses.
Notwithstanding 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 Housing Official 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 record owner or owners of the rental business if not the same
persons. In the case of partnership, the names and address of all
general partners shall be provided together with the telephone numbers
for each of such individuals.
B.
If the address of any record owner is not located in the Township
of Howell or in Monmouth County, the name and address of a person
residing in the Township of Howell or Monmouth County who is designated
as an agent who is authorized to accept notices from the Township
and to issue receipts therefor and to accept service of process on
behalf of the record owner. The Township may waive this requirement
upon the owner's request to use a person in another county if deemed
feasible.
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(s)
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 rental
unit of dwelling space therein and who has the authority to make emergency
decisions concerning the premises or rental unit 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, an owner shall comply with the New Jersey
Housing Code.
I.
Proof
of the minimum liability insurance required by N.J.S.A. 40A:10A-1
et seq.
[Added 6-25-2024 by Ord. No. 24-24]
The Housing Official shall index and file the registration forms.
In doing so the Housing Official shall follow the mandates of N.J.S.A.
46:8-28.1. as amended and supplemented, so that the filing of the
registration form will also satisfy the registration requirements
of N.J.S.A. 46:8-28 to the extent that it applies to the property
being registered and will also satisfy the registration requirements
of this chapter.
Every person required to file a registration form pursuant to
this chapter shall file an amended registration form within 20 days
after any change in the information required to be included thereon.
No administrative fee shall be required for the filing of an amendment
except where there is a change in tenancy during the one year licensing
period, or where the ownership of the premises is changed.
A.
Upon the filing of an initial application for rental, the Township
will then conduct an inspection for the issuance of a certificate
in accordance with the provisions of this chapter.
C.
Inspections shall be performed by the Housing Official of the Township
of Howell or any other duly appointed official as may be authorized
by the Township of Howell.
D.
Such inspection shall be for the purpose of determining compliance
with this chapter. The New Jersey State Housing Code shall be adopted
by reference as part of this chapter and used as a guide in performing
inspections pursuant to this chapter. The inspections may also include
determinations on compliance with other ordinances applicable to the
premises and rental unit, Uniform Construction Code, Housing Code,
and/or Building Code, and/or Uniform Fire Safety Act.
E.
Unsatisfactory inspection. In the event that the initial inspection or any other inspection of a rental unit does not result in a satisfactory report, such property shall not thereafter be registered, nor shall a certificate be issued 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 repairs/corrections have been made so as to bring the property and rental unit into compliance with the applicable ordinances or codes as verified by a subsequent Township inspection. At such time as a satisfactory inspection report is issued, the registration application shall be processed for issuance of a certificate to permit rental of the unit. In the event that the property is occupied when such conditions are discovered, all such repairs/corrections shall be made within 30 days. If the repairs/corrections are not made within that time period, the owner shall be deemed in violation of this chapter and subject to the provisions of § 178-30 of this chapter.
F.
Lead paint inspections.
[Added 11-22-2022 by Ord. No. O-22-68]
(1)
Prior
to the issuance of a rental certificate and occupancy by a tenant,
per New Jersey's Lead Safe Certificate Law (P.L. 2021, c. 182),[1] any rental unit constructed prior to 1978 must pass an
inspection to check for deteriorated paint, debris, dust or residue.
Each rental unit must receive a lead safe certificate upon each rental
turnover (change of tenancy) or every three years, whichever comes
first. A lead safe certificate is valid for two years, and if the
change in tenancy occurs prior to the expiration of the certificate,
an inspection is not required. The initial inspection for all rental
units must take place before July 31, 2024.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities and rental units in
order that they may promote the purposes of this chapter to safeguard
the health, safety and welfare of the occupants of these units and
of the general public. For the purposes of making such inspections,
the inspecting officers are hereby authorized to enter, examine and
survey the rental facilities and rental units and at all reasonable
times. The owner or occupant of every rental facility and rental unit
shall give the inspecting officer free access to the rental facility
and rental unit house at all reasonable times for the purpose of such
inspections, examinations and surveys.
B.
Every occupant shall give the owner of the rental facility and rental
unit access to any part of such rental facility and rental unit 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.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit which is not registered
and approved in accordance with this chapter.
[Amended 2-21-2023 by Ord. No. 23-4; 6-25-2024 by Ord. No. 24-24]
A.
Upon the filing of a completed residential landlord registration
and rental certificate application form, payment of the prescribed
fee, and a satisfactory inspection, the owner shall be entitled to
the issuance of a certificate. Said certificate shall expire within
one year of initial approval or in the event of a change in tenancy
or ownership. Rental certificates and landlord registrations are required
to be renewed and inspected annually on the anniversary date of the
initial certificate approval or at the time of change of ownership
or tenancy. Properties containing multiple units must be registered
annually within 30 days of January 1.
B.
A certificate shall be issued to the owner for each rental unit,
even if more than one rental unit is contained in the property.
[Amended 11-14-2016 by Ord. No. O-16-25; 6-25-2024 by Ord. No. 24-24]
A.
At the time of filing of the residential landlord registration and rental certificate application form, and prior to the issuance of a rental certificate, the owner or agent of the owner must pay a fee in accordance with the applicable provisions of § 139-29.
B.
Change in tenancy during the certification period requires the issuance of a new rental certificate and registration and payment of the applicable fee as set forth in Chapter 139, Fees.
C.
A reinspection fee as set forth in Chapter 139, Fees, per rental unit/per inspection shall be assessed for any third and subsequent reinspections thereafter conducted as a result of the previously cited violations which require correction by the owner during the certification period.
D.
If any fee is not paid within 30 days of its due date, the property
owner and/or agent will be considered in violation of this chapter
and subject to the penalty provisions of this chapter.
Upon receipt of a certificate, every owner shall provide the
occupant or tenant occupying a rental unit with a copy of the certificate.
This provision may be complied with by posting a copy of the certificate
in a conspicuous place within the rental unit(s). This particular
provision shall not apply to any hotel, motel or guesthouse registered
with the State of New Jersey pursuant to the Hotel and Multiple Dwelling
Act as defined in N.J.S.A. 55:13.A-3.
[Amended 2-21-2023 by Ord. No. 23-4]
A.
It shall be unlawful for any person including the owner, agent or
tenant to allow a greater number of persons than the posted maximum
number of occupants to sleep in or occupy overnight the rental unit.
The maximum number of occupants is computed in accordance with the
following:
(1)
Every bedroom occupied by one occupant shall contain at least 70
square feet of floor area, and every bedroom occupied by more than
one person shall contain at least 50 square feet of floor area for
each occupant thereof.
(2)
Rental units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements as set forth in this article.
If there is a discrepancy regarding the number of occupants permitted
pursuant to this article, the most restrictive requirement shall govern.
B.
The maximum occupancy shall be posted in a conspicuous place in or
about the dwelling.
C.
It shall be unlawful and in violation of this article for an owner
or a tenant of any registered rental unit to:
(1)
Allow a number of people greater than the permitted maximum number
of occupants to rent or occupy any dwelling unit;
(2)
Lease or sublease a rental unit to a number or group of tenants which
exceeds the total number of sleeping accommodations which has been
established for said rental unit pursuant to this article; or
(3)
Permit a number of people greater than the maximum number of sleeping
accommodations to sleep in or occupy the dwelling unit overnight.
D.
Any landlord, tenant, property owner or other person violating the
provisions of this section shall be subject to the penalty provisions
of this chapter. The Township shall also have the right to enjoin
violations of this section in any court of competent jurisdiction
by way of order to show cause or similar process. All costs attendant
to enforcement of this section shall be assessed as a lien against
the subject property, enforceable and collectible in the same manner
as liens for delinquent real property taxes and municipal service
charges.
E.
For the purposes of this section, a bedroom is defined as a room
with a closet with a minimum measurement of seven feet in one direction
and is located along an exterior wall but does not include a hall,
bathroom, kitchen, living room, dining room, family room, laundry
room, closet/dressing room. A bedroom may not be used to access another
bedroom and must have at least two legal means of egress as defined
in the Uniform Construction Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
A.
Nuisance prohibited. No rental facility shall be used in a manner
which will result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or of the public in
general, such that it would constitute a nuisance as defined in the
Ordinances of the Township of Howell.
B.
Compliance with other laws. 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 Township of Howell and with all
applicable state and federal laws, including the New Jersey Uniform
Construction Code and the New Jersey State Housing Code.
C.
Short-term rentals prohibited. No rental facility (as defined in § 178-17), rental unit (as defined in § 178-17), dwelling (including, but not limited to, a duplex, multiple, or single-family, as defined in § 188-4) or residential structure (including, but not limited to, the residential structures defined in § 188-4), or any segment thereof, may be rented or leased for a term of less than 90 days.
[Amended 9-14-2021 by Ord. No. O-21-26]
D.
Rentals of amenities. The lease or rental, for any purpose and for any period of time, of any amenity, feature, or accessory that is appurtenant to or associated with any rental facility (as defined in § 178-17), rental unit (as defined in § 178-17), dwelling (including, but not limited to, a duplex, multiple, or single-family, as defined in § 188-4) or residential structure (including, but not limited to, the residential structures defined in § 188-4) is prohibited. "Amenity, feature, or accessory" shall include, but is not limited to, swimming pools, pool cabanas, accessory structures, hot tubs, decks, patios, yards, and the like.
[Added 9-14-2021 by Ord. No. O-21-26]
E.
Advertisement. The print, electronic, or internet advertisement of
any rental that is prohibited by or fails to comply with the provisions
of this article or any other applicable provision of the Township
Ordinances is prohibited.
[Added 9-14-2021 by Ord. No. O-21-26]
F.
Penalties. Any landlord, tenant, property owner or other person violating
the provisions of this section shall be subject to the penalty provisions
of this chapter. The Township shall also have the right to enjoin
violations of this section in any court of competent jurisdiction
by way of order to show cause or similar process. All costs attendant
to enforcement of this section shall be assessed as a lien against
the subject property, enforceable and collectible in the same manner
as liens for delinquent real property taxes and municipal service
charges.
[Added 9-14-2021 by Ord. No. O-21-26]
[Amended 11-14-2016 by Ord. No. O-16-25; 2-21-2023 by Ord. No. 23-4; 6-25-2024 by Ord. No. 24-24]
Any person who violates any provision of this chapter shall, upon conviction in the Howell Township Municipal Court, or such other court having jurisdiction, be liable to a fine not less than $1,000 and not exceeding $2,000. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter. Failure to register each rental unit, failure to obtain a rental certificate or the occurrence of any over-occupancy as defined by this chapter shall result in the fine provided for in § 178-18G.
[Added 10-24-2023 by Ord. No. 23-34]
In addition to any other penalty prescribed in this chapter,
a rental certificate may be revoked on any of the following grounds:
A.
Conviction of a violation of this chapter, or any other provision
of this Code, in any court of competent jurisdiction.
B.
Determination that the property has excessively consumed municipal services pursuant to Chapter 136.
C.
Maintaining, occupying, or using the rental unit or units or the
property on which the rental unit is located in a dangerous condition
likely to result in injury to persons or property or in violation
of any applicable federal, state, or local health, safety, building,
construction, or property maintenance code.
D.
Conditions that render the premises unsafe, unhealthy, or unfit for
human habitation or occupancy.
E.
Conduct, activity, or behavior occurring on the premises or engaged
in by the occupants constituting a nuisance or disturbing the peace
and quiet enjoyment of the surrounding neighborhood.
F.
Any violation of the terms of the rental certificate of occupancy
or renting without having first obtained a rental certificate of occupancy.
[Added 10-24-2023 by Ord. No. 23-34]
A.
Upon a determination that reasonable grounds exist for revocation
of a rental certificate, the Code Official or their designee shall
issue a written complaint with the property owner. The complaint shall
be sent by certified mail or regular mail to the property owner's
address as appears in the tax records. The complaint shall specifically
identify the basis for the revocation.
B.
The property owner may appeal the revocation by filing written notice
thereof with the Director of Community Development and Land Use no
later than 10 days following receipt of the notice issued pursuant
to the preceding subsection. The notice of appeal must clearly identify
the action challenged and set forth the reasons in support of reversal.
C.
The appeal may be decided on the written submissions, or a hearing
may be conducted. The property owner must specifically request a hearing
in the written notice of appeal. If requested, the hearing shall be
conducted by the Director of Community Development and Land Use or
their designee no later than 45 days from the issuance of the complaint,
unless the parties agree upon a different date and time, which shall
be no later than 60 days following the issuance of the complaint.
D.
At the hearing provided hereunder, the Director of Community Development
and Land Use or their designee shall hear all parties, and their final
determination shall be made within 10 days from the completion of
the hearing. They shall then issue an order incorporating the determinations
and directions contained in the notice, modifying said notice if they
so deem necessary.
[Added 10-24-2023 by Ord. No. 23-34]
Following a revocation determination pursuant to § 178-34, a rental certificate issued may be revoked for a period of up to one year. During the revocation period, the offending property shall be ineligible for a rental certificate, regardless of whether a change in ownership of the offending property has occurred. Upon the conclusion of the revocation period, the certificate may be reinstated upon refiling a registration form with the Housing Official, reinspection and recertification as provided by this chapter.
[Added 10-24-2023 by Ord. No. 23-34]
A rental certificate shall be automatically revoked in the following
circumstances:
A.
If taxes or other assessments are delinquent for three consecutive quarters. Upon payment of such delinquent taxes or assessments, the landlord or property owner may file a new rental certificate by satisfying the requirements of § 178-25. If the delinquent taxes and assessments are not satisfied within 30 days of written notice thereof, the certificate shall be revoked for a period of one year.
B.
Upon the third conviction or plea of guilty of a violation of this
chapter, or any other provision of this Code, the certificate shall
be revoked for a period of one year.
[Added 6-25-2024 by Ord.
No. 24-24]
A.
Definitions and word usage.
(1)
Owner-landlord shall not include mortgagees in possession of a structure
through foreclosure.
(2)
Second or subsequent violation for an illegal occupancy shall be
limited to those violations that are new and a result of distinct
and separate zoning or code enforcement activities and shall not include
any continuing violations for which citations are issued by a Zoning
or Code Enforcement Agent during the time period required for summary
dispossession proceedings to conclude if the owner/landlord has initiated
eviction proceedings in a court of proper jurisdiction.
B.
Relocation assistance and additional fines.
(1)
Any tenant who receives a notice of eviction pursuant to N.J.S.A.
2A:18-61.2 that results from zoning or code enforcement activities
for illegal occupancy as set forth in N.J.S.A. 2A:18-61.1(g)(3) shall
be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six times the monthly rental paid
by the displaced person. The owner-landlord of the structure shall
be liable for the payment of relocation assistance set forth herein.
Irrespective of any other provision of the Township Code, the Township
shall not be responsible for paying any such relocation costs.
(2)
The Township shall impose the additional fine authorized by N.J.S.A.
2A:18-61.1g(c), above and beyond any other fine/penalty allowed by
law and/or this Code, for each and every separate zoning and/or housing
code violation for an illegal occupancy, in an amount not to exceed
six times the monthly rental paid by the displaced person which shall
be paid directly to the Township by the owner-landlord of the structure.
C.
Annual tuition reimbursement. In addition to the provisions of § 178-35(B), the Township, after affording the owner-landlord an opportunity for a hearing on the matter before the Howell Township Municipal Court, shall impose upon the owner-landlord for a second or subsequent violation for an illegal occupancy [as defined in § 178-35(A)(2)] a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the Township, pursuant to the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.). The Howell Township Municipal Court and the Superior Court of New Jersey shall have jurisdiction of proceeding for the enforcement of the penalty provided herein. Said tuition cost shall be determined in the manner prescribed for nonresident pupils, pursuant to N.J.S.A. 18A:38-19 and the payment of the fine shall be remitted to the Howell Township Board of Education.
