[HISTORY: Adopted by the Township Committee of the Township
of Riverside as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-27-2006 by Ord. No. 2006-22]
The recitals set forth above are incorporated herein by reference
as if the same were set forth in length.
A. Terms defined. The following words, when used in this article, shall
have the following meanings:
CLERK
The Township Clerk of the Township of Riverside, New Jersey.
LODGER or LODGERS
Shall have the same meaning as "roomer" or "roomers" as defined
herein.
LODGING HOUSE
Any dwelling, or part of any dwelling, of which one or more
rooms are used, maintained, and/or advertised, and/or held out to
the public as a place where sleeping accommodations are offered and/or
used for pay, barter or otherwise, and shall include any premises
designated as "lodging house," "dormitory facility," "boardinghouse,"
"rooming house," "tourist home," and/or by similar designation.
OWNER
Any person, as herein defined, who alone or jointly, or severally
with others, shall have legal title to the premises where any lodging
house, as herein defined, as owner, is operated, or is an authorized
agent of such owner or an executor, administrator, trustee or guardian
of the estate of such owner.
PERSON
A corporation, association, firm and/or partnership, as well
as an individual.
PERSON OPERATING A LODGING HOUSE (or words of similar import)
A person, herein defined, who carries on the business of,
or conducts, a lodging house as herein defined, as owner, lessee or
sub lessee of the premises where such lodging house is operated, or
who operates, carries on the business of or conducts a lodging house
by or through an agent or manager.
ROOMER or ROOMERS
Any person or persons not a documented member of the family
or related by blood, marriage or legal adoption to the operator of
a lodging house, to whom space is provided for sleeping purposes for
pay, barter or otherwise.
TOWNSHIP
The Township of Riverside, New Jersey.
B. Word usage. Whenever in this article any word importing the singular
number or masculine gender is used in describing or referring to any
person, party, matter or thing, the same shall include and apply to
several persons or parties as well as to one person or party, to females
as well as males and to several matters or things as well as to one
matter or thing.
Pursuant to N.J.S.A. 40:52-9 et seq. and N.J.S.A. 55:13B-1 et
seq., no person shall legally operate a lodging house in the Township
without first possessing an annual lodging house license issued by
the Township. Application for such license shall be made to the Township
Clerk and shall be signed by both the owner of the premises where
such lodging house is operated or intended to be operated and by the
person operating or intending to operate the same. No license shall
be issued except in conformity with the provisions of this article
and any related zoning ordinance of the Township or variance authorized
by the Zoning Board of Adjustment.
The applicant shall provide, through a duly sworn statement
or on a form as prescribed by the Township if such form is created,
the following information:
A. The location of the premises where such lodging house is intended
to be operated or is operated.
C. The names, addresses and twenty-four-hour emergency contact information
respectively of the owner of such premises and the person operating
or intending to operate such lodging house.
D. The number of rooms on each floor of such premises, including any
basement and/or attic rooms, and whether such space is a finished
or unfinished condition.
E. The number of rooms on each floor of such premises for occupation
by roomers, the size and heights of each of such rooms, the size and
location of each window in each of such rooms and the total number
of roomers permitted according to the rules established herein.
F. The sanitary facilities available for use by the roomers, or what
each room entails (i.e., shower, bath, toilet, sink ventilation, etc.)
and their location in such premises.
G. Whether the premises is secured by sanitary sewer or septic. If septic,
the size of the septic system, the age of the septic system and the
name, address and twenty-four-four emergency contact information of
the servicing agent for the septic system.
H. The means of egress from each room and floor of such premises.
I. The person operating or intending to operate such lodging house shall
state whether he has ever been convicted of a crime.
A. Each original application, as described in §
266-4 shall be accompanied by a fee of $200. All licenses shall expire on the last day of the year, and shall be renewable annually, regardless of when the original application is made. The fee for each renewal shall be $50. In the event the original or revised application shall be denied, the Township shall retain 10% of the application fee to defray the expense of carrying out the functions of this article.
B. In the case of renewal applications, the applicant shall supply the Township Clerk with a copy of the previous years registration log as required to be maintained in §
266-16 of this article.
Every application made for a renewal or transfer of a license
shall state in detail all changes, alterations, modifications, additions
or improvements made since the first application or the last renewal
application, as the case may be, and the maximum number of roomers
such lodging house will, by reason thereof, accommodate. Said application
for transfer of license from one person to another shall include a
transfer fee of $50 with the application.
All applications for a license or a renewal of a license shall
be referred to the Township Housing Inspector, the Building Inspector
of the Township, and the local and county Fire Marshal for inspection
and report. No application shall be approved unless the Housing Inspector
issues a certificate to the effect that the premises fully complies
with the sanitary laws, ordinances and rules and regulations of the
state, county and Township of Riverside and also with the provisions
of this article, and the said Fire Marshal reports, in writing, that
no fire hazard exists, and the said Building Inspector reports, in
writing, that the premises does not violate the Building Code of the
Township or state building codes.
The Housing Inspector, the Building Inspector, the local and/or
county Fire Marshal, or their respective authorized agents, are hereby
authorized and directed to make periodic inspections to determine
the condition of the lodging house in order that they may perform
their duty of safeguarding the health and safety of the roomers thereof
and of the general public. For such purpose, the aforesaid officials
are hereby authorized to enter, examine and survey, at all reasonable
times and with twenty-four-hour notice, the lodging house and its
rooms. The owner of the premises, the person operating the lodging
house and all roomers of such lodging house shall give the said officials
free access to such lodging house and its rooms for the purpose of
such inspection. Every roomer of such lodging house shall give the
owner of the premises and the person operating such lodging house
and their respective agents and employees, access to any part of such
lodging house and its rooms for the making of such repairs, alterations
or performing such other work as may be necessary to comply with the
provisions of this article or any rules or regulations made by the
Township Committee pursuant to this article, and no roomer as aforesaid
shall interfere with or prevent the said owner or the person operating
said lodging house, or their respective agents or employees, from
complying with the provisions of this article or any rule or regulation
made by the Township Committee pursuant to this article. Said notice
of inspection may be waived by the Township upon good cause when the
Township becomes aware of conditions that may imminently effect the
life and safety of any person.
The Township Committee may, after reasonable notice and opportunity
to be heard, revoke or suspend any license issued hereunder for failure
of the owner of the premises or the person operating such lodging
house to comply with any requirements of this article; provided, however,
that whenever the Township Committee finds that an emergency exists
which requires immediate action to protect the public health and/or
safety, it may, without notice or hearing, issue an order reciting
the existence of such emergency and requiring such action be taken
as it deems necessary to meet the emergency. Any person to whom such
order is directed shall comply therewith immediately, but upon petition
to the Township Committee shall be afforded a hearing as soon as possible,
after which, depending upon the findings, said order may be continued,
modified or revoked.
No person shall occupy, nor shall any person operating such
lodging house let or lease to any person, or the owner of the premises
permit the operator of such lodging house to let or lease to any person,
a room in such lodging house which does not comply with the following
requirements:
A. Every room occupied for sleeping purposes by one lodger shall contain
at least 100 square feet of floor space, and every room occupied for
sleeping purposes by more than one lodger shall contain an additional
60 square feet of floor space for each additional lodger. Not more
than four lodgers shall occupy any one room for sleeping purposes.
B. Room arrangements shall be such that access to a sleeping room can
be had without going through another sleeping room or a bathroom or
a water closet compartment.
C. Room arrangements shall be such that access to a bathroom or water
closet compartment intended for use by lodgers of more than one sleeping
room can be had without going through another sleeping room.
D. Every sleeping room shall have a ceiling height of at least 7 1/2
feet in at least 1/2 of its area. Any floor area of that part of any
sleeping room where the ceiling height is less than five feet shall
not be considered as part of the floor area in computing the total
floor area of such sleeping room for determining the maximum permissible
occupancy thereof.
E. No basement space shall be used as a habitable room for lodgers to
use as sleeping quarters unless such area is properly heated and ventilated
and contains dual means of ingress and egress.
F. No attic space shall be used as a habitable room for lodgers to use
as sleeping quarters.
G. No kitchen space and/or bathroom or water closet compartment containing
sink and/or drainage system shall be used as a habitable room for
lodgers to use as sleeping quarters.
H. Every sleeping room, bathroom and water closet compartment shall
have at least one window facing directly to the outdoors, which can
be easily opened and closed. The size of each window in each bedroom
shall be not less than eight square feet, and the size of each window
in each bathroom and water closet compartment shall be not less than
three square feet, unless provided with a vent of at least 40 square
inches.
Anything in this article to the contrary notwithstanding, no
lodgers of such lodging house, or any other persons, shall sleep in
shifts, or take turns sleeping in the same beds, in any sleeping room
occupied by or used for lodgers. The owner of the premises where such
lodging house is operated and the person operating such lodging house
shall not permit any lodgers, or any other persons, to sleep in shifts,
or take turns sleeping in the same beds, in any sleeping room occupied
by or used for lodgers.
The owner of said premises and the person operating such lodging
house are both charged with the duty to and they shall keep the said
lodging house/premises where such lodging house is operated in a clean
and sanitary condition and good state of repair, free from rodent,
bug and insect infestation and free from foul and ill-smelling odors.
No person shall operate a lodging house who has been convicted
of a crime involving moral turpitude.
The owner of said premises and the person operating such lodging
house are both charged with the duty and they shall keep the said
interior of the lodging house/premises free of the operation of any/all
types of outdoor cooking equipment.
Every corridor, stairway or hallway, on every floor of the premises
used for ingress and egress, shall be kept adequately lighted by the
person operating a lodging house from the time of sunset each evening
until the time of sunrise the following day.
The operator of the lodging house shall maintain in such lodging
house the names and previous addresses of all persons having/sharing
or leasing a room, and the names and addresses of the persons who
should be notified in cases of emergency, which register shall be
available at all times for examination by the Housing Inspector, and
the Riverside Township Police Department and submitted to the Township
Clerk as part of the annual licensing process. Information in said
registration log shall be maintained by the owner/operator of the
lodging house for at least three years.
The Township Committee is hereby authorized to make written
rules and regulation for the proper enforcements of the provisions
of this article. Such rules and regulations shall have the same force
and effect as the provisions of this article, and the penalty for
the violation thereof shall be the same as the penalty for the violation
of the provisions of this article.
Nothing herein contained shall apply to an apartment building,
which, for the purpose of this article, shall be considered to be
a building containing more than two apartments, each of which shall
have its separate and individual bathroom and kitchen, and each of
which is designed for one-family occupancy.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to the payment of a fine not exceeding
$2,000 or to imprisonment for a period not exceeding 90 days, or both.
[Adopted 10-17-2011 by Ord. No. 2011-09]
The purpose of this article is to license rooming and boardinghouses,
as authorized by the Laws of 1993, c. 290.
As used in this article, the following terms shall have the
meanings indicated:
OPERATOR
Any person, including for the purposes of this article any
corporation or association of persons and any agency or instrumentality
of state or local government, which operates or proposes to operate
a rooming house or boardinghouse.
OWNER
The holder of title in fee simple to premises and any lessor
or sublessor of whom an operator is, or proposes to become a sublessor
in connection with an application for a license or for renewal thereof,
pursuant to this act.
POPULATION
The most recent population count reported by the New Jersey
Department of Labor.
No rooming house or boardinghouse shall hereafter be located
or operated except upon premises licensed for that purpose by the
licensing authority.
A. Application for a license shall be made by the owner and filed with
the Township Clerk. The application shall be in such form and shall
contain such information as is authorized by the enabling legislation
and shall be accompanied by an application fee of $200 or such fee
as may be prescribed by resolution of the licensing authority. The
licensing authority shall require the submission of such information
and supporting documentation, as to provide a basis upon which the
licensing authority may conduct an investigation and reach the conclusions
required under the enabling legislation for the issuance or denial
of a license. To the extent that the form of application requires
the furnishing of information by the operator, it shall be the responsibility
of the applicant owner to obtain such information and to exercise
due care and diligence to assure its completeness and accuracy. The
licensing authority shall require that information required from the
operator be duly sworn to by the operator in order to form a valid
part of the application.
B. An application filed pursuant to Subsection
A of this section shall include a deposit in full of the prescribed application fee, of which 90% shall be refunded if the application is denied and 10% retained and employed in defraying the expenses of the licensing authority in carrying out its functions under this act.
C. All applications by a natural person, partnership or unincorporated
association of natural persons shall be duly sworn to by each of the
applicants. An application by a corporation shall be duly sworn to
by the president or vice president of the corporation. All statements
in an application shall be deemed material, and any person who knowingly
misstates any material fact therein shall be guilty of a crime of
the fourth degree.
D. Every applicant for a license shall, after filing the application, cause notice of the pendency of the application to be published in a form prescribed by the licensing authority once a week for two weeks successively in a newspaper printed in the English language, published and circulated in Burlington County. The notice shall include the time and place of the public hearing prescribed in §
266-25 of this article, and the second publication thereof shall be made not less than one week, nor more than two weeks, prior to the date set by the licensing authority for that hearing.
E. Applicants are responsible for maintaining an accurate and current
application on file with the licensing authority. Applicants have
a continuing duty to disclose all required information to the licensing
authority, and that duty is perpetual.
(1) Any amendments to the application must be made within five days of
any occurrence that would change or render incomplete any information
provided on the application.
(2) Any amendments to the license must be made within 10 days of any
occurrence that would change or render incomplete any information
provided on the registration and/or license.
The licensing authority shall receive applications made pursuant to §
266-23 of this article and to conduct such investigations as may be necessary to establish:
A. With respect to the premises for which a license is sought: 1) that
they are in compliance with all applicable building, housing, health
and safety codes and regulations; 2) that the location of the premises
will not, in conjunction with the proximity of other rooming house
and boardinghouses, lead to an excessive concentration of such facilities
in the municipality or a particular section thereof.
B. With respect to the owner or owners of the premises:
(1) If a natural person or persons, that he or they are 21 years of age
or older, citizens of the United States and residents of the State
of New Jersey and never convicted, in this state or elsewhere of a
crime involving moral turpitude, or of any crime under any law of
this state licensing or regulating a rooming house or boardinghouse
and have never had a license required pursuant to P.L. 1979, c. 496
(N.J.S.A. 55:13B-1 et seq.) revoked.
(2) If a corporation, that all officers and members of the board of directors
and every stockholder holding 10% or more of the stock of the corporation,
directly or indirectly having a beneficial interest therein, have
the same qualifications, as set forth in this subsection for an applicant,
who is a natural person.
(3) Beginning with the initial application, the owner or owners of the premises, in accordance with Subsection
B of this section, shall acquire a New Jersey State background check and a national background check ("background check").
(a)
Said owner or owners, in accordance with Subsection
B of this section, shall be responsible for the costs associated with obtaining the background check and results shall be forwarded directly to the licensing authority for authentication purposes.
(b)
The background check shall be completed every two years, beginning
from the date of the initial application, for all owner or owners
of the premises.
(c)
In the event of a transfer of ownership of the licensed premises,
including, but not limited to, sale or foreclosure, the background
check shall be immediately performed for the new holder of title,
unless the expiration date of the license is less than 90 days from
the date of transfer.
C. With respect to transfers of title, whenever a new or used dwelling
occupied or intended to be occupied as a rooming house or boardinghouse
is sold, the owner or manager of such dwelling shall, prior to sale,
notify the housing officer of the intended sale at least 30 days prior
to the sale.
D. With respect to the operator or proposed operator, that he meets
the requirements for licensure by the Department of Community Affairs.
E. That the owner and operator, either individually or jointly, have
established sufficient guarantee of financial and other responsibility
to assure appropriate relocation of the residents of the rooming or
boarding house to suitable facilities in the event that the license
is subsequently revoked or its renewal denied. The Department of Community
Affairs shall determine, in the case of each type of rooming house
and boardinghouse under its jurisdiction, what constitutes suitable
facilities for this purpose.
F. That the owner has paid all municipal property taxes due and owing
on the rooming house and boardinghouse, or in the case of an initial
application, the applicant has paid all municipal property taxes due
and owing on any other rooming house and boardinghouse located within
the municipality and owned by the applicant, provided that the owner
has received written notice of any payment delinquency which has remained
unpaid for more than 120 days. The provisions of this subsection shall
not be construed as denying or limiting the rights of any displaced
residents to relocation assistance in accordance with P.L. 1971, c.
362 (N.J.S.A. 20:4-1 et seq.). If it is determined through the investigation
of the licensing authority that any such municipal property taxes
are outstanding, then this shall disqualify the application from being
heard until such time as the municipal property taxes are paid current
up to and including the quarter within which the hearing is to be
conducted.
G. That all sewer user and connection fees and all other municipal liens
and charges are current up to and including the quarter within which
said hearing on the application shall take place. If it is determined
through the investigation of the licensing authority that any such
municipal charges are outstanding, then this shall disqualify the
application from being heard until such time as the municipal charges
are paid current up to and including the quarter within which the
hearing is to be conducted;
H. That the applicant has complied with regulations adopted in accordance
with Section 2 of P.L. 1993, c. 290 (N.J.S.A. 40:52-10).
A. In conducting its investigations pursuant to §
266-24 of this article, a licensing authority shall hold a public hearing, at which the applicant, the operator or proposed operator and all other parties in interest, including members of the general public, shall be entitled to be heard upon the merits of the application and the suitability of the premises proposed for licensing. The time and place of the public hearing shall be determined within 30 days of receipt of the application and shall be communicated to the applicant in sufficient time to enable compliance with the publication requirement under §
266-23 of this article.
B. No license shall be issued which would result in increasing the total
number of persons authorized to be residents in rooming houses or
boardinghouses within the municipality to more than 100 in the Township
of Riverside, which presently has a population of 20,000 or fewer.
Nothing in this subsection shall warrant refusal of a license or license
renewal for premises where a rooming house or boardinghouse has been
in lawful operation prior to the enactment of this act.
C. No license shall be issued for premises when any part of the boundary
line of the premises is within 1,000 feet of the boundary line of
any other premises for which a license is in force. Nothing in this
subsection shall warrant refusal of a license or license renewal for
premises where a rooming house or boardinghouse has been in lawful
operation prior to the enactment of this article.
A. After the public hearing, pursuant to §
266-25 of this article, the licensing authority shall determine, in accordance with the requirements hereunder, whether to grant the license. A license, when issued, shall be valid for one year from the date of issuance and until such time as the licensing authority has acted upon an application for renewal, unless sooner terminated by revocation pursuant to the terms of this act.
B. Not later than the 60th day preceding the anniversary date of issuance,
the holder of a license shall make application to the licensing authority
for its renewal. Application for a renewal shall follow the same procedure
and requirements as prescribed for a new application and shall necessitate
de novo consideration and determination by the licensing authority
in the same manner as a new application.
A. A licensing authority may revoke or refuse to renew a license granted
under this act for any of the following reasons:
(1) A finding that there was any misstatement of material fact in the
application upon which the license was issued.
(2) The occurrence of any fact which, had it occurred and been known
to the licensing authority before issuance of the license, would have
resulted in the denial of the application.
(3) Repeated violations or prolonged failure to correct any violation
of any applicable building, housing, health or safety code or regulations.
(4) Refusal to allow access to any portion of the licensed premises at
all reasonable times, with or without advance notice, in order that
officers or agents of the licensing authority or any official charged
with enforcement within the municipality of any building, housing,
health or safety code or regulations applicable to the premises, may
determine compliance with such codes or regulations.
(5) Revocation by the Department of Community Affairs of the operator's
license or other authorization to operate a rooming house or boardinghouse
on the premises.
(6) Notification by the Department of Community Affairs that the premises
are not or are no longer suitable for operation of a rooming house
or boardinghouse on the premises.
(7) Failure or refusal to comply with any lawful regulation or order
of the licensing authority.
(8) A determination by the municipal licensing agency that the issuance
or renewal of a license to such a person would be contrary to the
best interests of the residents of any rooming house or boardinghouse
or of the public generally.
B. A license shall not be revoked until five days' prior notice of the
grounds therefor has been served upon the licensee, either personally
or by certified mail, addressed to the licensee at the licensed premises,
and a reasonable opportunity given to the licensee to be heard thereon.
The Construction Code Official, Code Enforcement Official or
other designated municipal official shall enforce this article, inspect
rooming and boarding homes for certificate of occupancy, certificate
of inspection, continued certificate of occupancy, and other local
and state violations, including but not limited to the Uniform Construction
Code and the BOCA National Property Maintenance Code, and shall perform
cyclical inspections subject to state approval and seek all sanctions
allowed by this section and other relevant provisions of Township
Code for violations.
A. Any person, firm or corporation who violates or neglects to comply
with any provision of this article or any rule, regulation or directive
promulgated pursuant thereto shall be punishable, upon conviction
thereof, by a fine of not less than $250 and not to exceed $2,500
and/or imprisonment and/or community service for a term not exceeding
90 days.
B. Any violation of any provision of this article including, but not
limited to, operation of a rooming or boarding home without a license
issued pursuant to this section, shall be punishable by a fine of
not less than $100 for each and every day of violation and not to
exceed $2,000 per day and/or imprisonment and/or community service
for a term not exceeding 90 days. The Township Code Enforcement Officer
either on his own or upon recommendation by the Township Committee
that a violation be prosecuted shall have the duty to sign a complaint
and prosecute all violations of this article.
[Amended 8-23-2006 by Ord. No. 2006-18]
C. Each day that a violation occurs shall be deemed a separate and distinct
violation subject to the penalty provisions of this article.
Upon determination by the licensing authority to refuse the
granting or renewal of a license or to revoke a license, the licensee
affected shall be entitled to appeal to the Commissioner of Community
Affairs for a review of that determination; and the Commissioner shall
have authority to reverse the licensing authority's determination
if it concludes that the application was improperly denied or the
revocation improperly imposed. Such review by the Commissioner shall
be in conformity with the provisions of the "Administrative Procedure
Act," P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.). The decision
of the Commissioner in such cases shall be subject to appeal to the
Appellate Division of the Superior Court. If an applicant for license
renewal has made timely and sufficient application for a renewal,
in accordance with the provisions of this article and the rules of
licensing pursuant thereto, his license shall not expire until any
appeals under this section have been finally determined and disposed
of.