[HISTORY: Adopted by the Township Council of the Township
of Willingboro as indicated in article histories. Amendments noted
where applicable.]
[Derived from Sec. 9-5 of the 2003 Revised General Ordinances]
As used in this article, the following terms shall have the
following meanings:
Includes the leasing, rental or other granting of occupancy
for any period of time where title to the residential unit is not
transferred to the actual occupant at the time such occupancy commences.
The person who owns, purports to own or exercises control
of any residential rental unit.
Any building or part thereof, whether furnished or unfurnished,
which is occupied or intended, arranged or designed to be occupied
for sleeping or dwelling purposes by one or more persons and shall
include all privileges, services, furnishings, furniture, equipment,
facilities and improvements connected with the use or occupancy thereof.
[Amended 5-26-2009 by Ord. No. 2009-19[1]]
No person shall let, rent, or lease to another for occupancy any residential rental unit for the purpose of living therein which is not safe, clean and fit for human occupancy. The residential rental unit shall comply with all appropriate state statutes and municipal ordinances or codes relating to the premises, including but not limited to the following: the Building and Plumbing Codes under the Uniform Construction Codes of the State of New Jersey; Chapter 170, Article I, Fire Prevention Code; Chapter 199, Article I, Housing Code; Chapter 236, Nuisances, Public Health; Chapter 272, Article II, Property Maintenance Standards; and Chapter 291, Article I, Individual Sewage Disposal Systems. The residential rental property shall not be occupied until the owner has obtained a certificate of occupancy for the premises and has registered the property as hereinafter provided.
[Amended 5-26-2009 by Ord. No. 2009-19; 4-18-2023 by Ord. No. 2023-7]
Prior to any residential rental becoming occupied, the owner shall give written notice thereof to the Department of Inspections. This notice shall contain the name and address of the owner, and if the notice is given by someone on behalf of the owner, that person's name and address. The notice shall describe the residential rental unit and shall be accompanied by a fee for each inspection as provided in § 150-7 of the Code of the Township of Willingboro. Inspections must be scheduled at least 15 calendar days prior to the tenant's occupancy date. Requests for expedited inspections received four calendar days or less prior to the tenant's occupancy date will require an additional fee of $80.
[Amended 5-26-2009 by Ord. No. 2009-19]
Within 10 working days of receipt of the notice and fee, the Department of Inspections shall make an inspection of the premises. If the residential rental unit complies with the requirements of § 280-2, the Department of Inspections shall issue a written certificate of occupancy. If the residential rental unit does not comply with the requirements, no certificate of occupancy shall be issued, but the Department of Inspections shall issue a written notice of defect, specifying any violations of the requirements. Each certificate of occupancy and notice of defect shall be dated, and a duplicate copy shall be retained by the Department of Inspections.
[Amended 5-26-2009 by Ord. No. 2009-19]
There shall be an annual inspection and registration requirement
for all residential rental properties within the Township of Willingboro.
This is to insure that residential rental units are properly maintained
by owners and tenants alike. All residential rental units are required
to be inspected once each calendar year and prior to any change in
occupancy.
A.
All new rental properties shall be required to register and pay the annual fee as set forth in § 150-7 when making application for a new rental property. Existing rental properties shall be subject to the annual inspection requirement upon termination of the existing lease or in the event of a change in existing occupancy, whichever occurs first.[1]
B.
An owner shall be required to complete an annual registration statement
that shall include the following information: owner's name, physical
street address, home and work telephone numbers, driver license number
or identification card number and state of issuance. If the owner
does not reside in Burlington County, a designated person or real
estate agent must be included on the application, including name,
business address and work telephone number. The owner must also provide
the holders of any recorded mortgage(s) and a representative for emergencies
where the owner cannot be reached. The owner must sign and date the
statement in front of a licensed notary.
C.
If the owner is a corporation, the person registering must state
whether it is organized under the laws of this state or is a foreign
corporation and must show the mailing address, business location,
telephone number, name of person in charge of the local office of
such corporation, if any, and the names of the registered agent, all
officers, directors or trustees of such corporation, and, if a foreign
corporation, the place of incorporation. The annual registration shall
also include the name, address and telephone number of the property
manager.
D.
If the owner is a partnership, the names of all partners, home addresses
and home phone numbers, business name, principal business address,
and business telephone of each partner shall be provided. The annual
registration shall also include the name, address and telephone number
of the property manager.
E.
The application shall include the name of each tenant in the property
and the relationship to one another. If children are to reside in
the property, the name of the children and ages shall be included
on the application. The landlord shall provide the principal tenant(s)
full name, driver's license or identification card number and state
of issuance. The landlord shall indicate the term of the lease. Only
the tenants listed on the registration form shall occupy the property.
This shall not interfere with any provisions for guests of the tenants
as provided for in the lease between the landlord and tenant.
F.
Every person, firm, partnership or corporation shall file an amended
statement within 20 days of any change in the information required
on the registration statement. No fee shall be required for any amendments,
except in the case where ownership or occupancy of the premises changes.
A new owner shall notify the Department of Inspections of a change
in ownership within 10 days and complete a new annual registration
and pay the fee.
G.
It shall be an offense of this article for an owner, person, firm,
partnership or corporation to fail to have the property registered
and inspected in accordance with the law. It shall be unlawful for
any owner, person, firm, partnership or corporation to file a false
registration application.
H.
At the time of registration, the owner will be scheduled for an inspection
of the premises. It is the responsibility of the owner to notify the
tenant of the time and date of such inspections. It is the responsibility
of the owner to be available at the property for the inspection if
the tenant is not available. It is the responsibility of the owner
to reschedule the appointment, if necessary, at least 24 hours in
advance, if the appointment is unable to be kept at the appointed
time. Failure to notify the Department of Inspections at least 24
hours in advance will result in being charged for an inspection as
if the inspection had taken place. This may result in the owner being
assessed an additional inspection fee.
I.
In the event that the inspection(s) of a rental unit indicates the
need for maintenance and/or repairs, such property shall not be occupied
by any tenant or occupant until the necessary maintenance, repairs
and corrections have been made to bring the property into compliance
with this article and the property has been reinspected by the Code
Enforcement Officer. In the event that a property is occupied when
such conditions are discovered, all such maintenance, repairs and
corrections shall be made within 30 days. If such maintenance, repairs
and corrections are not made within the thirty-day period, the owner
shall be deemed in violation of this article and subject to the penalties
hereunder.
[Amended 5-26-2009 by Ord. No. 2009-19[1]]
Any owner or occupant, person, firm, partnership or corporation who violates the provisions of any section of this article shall, upon conviction thereof, be subject to a penalty. Where no penalty is stated, the penalty shall be governed by the provisions of Chapter 1, Article II, General Penalty, of the Code of the Township of Willingboro. Each day over five that such condition shall exist shall be deemed a separate violation of the terms of this article.
A.
Failure to file an annual registration. A minimum fine shall be imposed
of $100 for the first offense. A minimum fine shall be imposed of
$200 for a second offense. All subsequent offenses shall be a minimum
of $500.
D.
Failure to obtain a new or a change of tenant registration. A minimum
fine shall be imposed of $100 for the first offense. A minimum fine
shall be imposed of $200 for a second offense. All subsequent offenses
shall be a minimum of $500.
E.
Failure to update annual registration. A minimum fine shall be imposed
of $100 for the first offense. Second and subsequent offenses shall
be a minimum fine of $200.
F.
Failure to provide access to the Code Enforcement Officer. A minimum
fine shall be imposed of $100 for the first offense. Second and subsequent
offenses shall be a minimum fine of $500.
G.
Administrative penalty. In addition, an administrative penalty may
be imposed by the Director of Inspections for failure to comply with
this article three or more times in a five-year period. The minimum
penalty that shall be imposed shall be $1,000.
[1]
Editor's Note: This ordinance also repealed original Sec.
9-5.6, Exception.
[Adopted 2-20-2024 by Ord. No. 2024-3]
The following definitions shall apply to this article:
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property owners to contribute
to maintenance of commonly held property or to pay dues or assessments
to an owners' association that provides services or facilities
to the community.
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
A person certified by the Department of Community Affairs
to perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present in
surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
This certificate should be kept by the owner and transferred to all
future owners for the life of the structure.
A certification which confirms that a lead-based paint inspection
was performed and no lead-based paint hazards were found. This certification
is valid for two years from the date of issuance.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
A.
A lead inspector shall inspect every single-family and multiple rental
dwelling located within the Township of Willingboro for lead-based
paint hazards through visual assessment and dust wipe sampling in
accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended
from time to time.
B.
The property owner or landlord may, in lieu of having the dwelling
inspected by the Township's authorized lead inspector, directly
hire a private lead inspector who is certified to provide lead paint
inspection services by the Department of Community Affairs to perform
the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16
et seq., as may be amended from time to time.
C.
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in
a single-family or multiple rental dwelling shall not be subject to
inspection and evaluation for the presence of lead-based paint hazards
if the unit:
(1)
Has been certified to be free of lead-based paint;
(2)
Was constructed during or after 1978;
(3)
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;[1]
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
(4)
Has a valid lead-safe certification.
D.
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d).
Upon the remediation of the lead-based paint hazard, the Township's
lead inspector or visual assessor, as may be applicable, or the owner's
private lead inspector, shall conduct an additional inspection of
the unit to certify that the hazard no longer exists.
E.
If no lead-based paint hazards are identified, then the Township's
authorized lead inspector or the owner's private lead inspector
shall certify the dwelling as lead-safe on a form prescribed by the
Department of Community Affairs, which shall be valid for two years.
F.
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(1)
Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Willingboro at the time
of the cyclical inspection.
(2)
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
(3)
Maintain a record of the lead-safe certification, which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
G.
The fees for a lead-based paint inspection shall be as follows:
(1)
The fee for a visual assessment inspection performed by the Township's
authorized lead inspector shall be $150 a unit. A lead-safe certificate
will be issued if no lead-based paint is found.
(2)
The fee for a dust wipe sampling inspection performed by the Township's
authorized lead inspector (included up to 10 samples) shall be $300
per unit.
(a)
An XRF (X-Ray Fluorescence) inspection is available to the requesting
party for an additional $450 per unit. An XFR inspection will allow
a dwelling unit to be certified lead-free and become exempt from the
regulation forever. A lead-free certificate will only be issued if
no lead-based paint is found.
(b)
In the event of an emergency, the fee to be charged will be
on a case-by-case basis.
(3)
In accordance with NJSA 52:27D-437.16(h), an additional fee of $20
per dwelling unit inspected by the Townships lead inspector or the
owner and/or landlords private lead inspector shall be assessed for
the purposes of the act, unless the owner and/or landlord demonstrates
that the Department of Community Affairs has already assessed an additional
inspection fee of $20. The fees collected pursuant to this subsection
shall be deposited into the lead hazard control assistance fund.
A.
If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B.
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts.
