As used in this article, the following terms shall have the
meanings indicated:
AGENT
The individual or corporate officer designated by the owner
as the person authorized by the owner to perform any duty imposed
upon the owner by the terms of this article or other pertinent ordinances,
statutes or regulation, either municipal or state.
BUILDING
Any building or structure or part thereof used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
CHANGE IN OCCUPANCY
Where the tenant vacates the property and a new tenant agrees
to possess or reside in the dwelling.
CHANGE OF OCCUPANCY INSPECTION
An inspection which is conducted when a change of tenancy
has occurred in a residential rental unit. A change in occupancy inspection
shall be conducted before such time as the dwelling unit becomes occupied
by a new tenant.
CONSTRUCTIVE NOTICE
Certified mail, return receipt requested, and simultaneously
by regular mail, mailed through the United States Postal Service to
the owner or agent.
DWELLING
Any apartment, cottage, bungalow, house, townhouse, row house,
duplex or other dwelling unit consisting of a room or a suite of rooms,
with or without housekeeping facilities, for dwelling purposes, regardless
of whether or not the unit occupies one or more floors and regardless
of whether or not the unit occupies the entire building or only a
part of the building. "Dwelling" specifically includes a single-family
home and multifamily units.
HABITABLE
A dwelling which is safe and fit for humans to live, sleep,
eat and cook in and is not in violation of any code, ordinance or
statute, incorporated in this article by reference, including, without
limitation, the International Property Maintenance Code, and is not
an unsafe structure, as defined in the International Property Maintenance
Code, § 108.1.1, and is not a structure unfit for human
occupancy, as defined in the International Property Maintenance Code,
§ 108.1.3.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage space.
INITIAL INSPECTION
The first inspection each year for a specific property to
obtain a residential rental unit license or a change of occupancy
inspection.
LICENSED DWELLING UNIT
Any dwelling unit duly registered and licensed with the Bureau
of Fire Prevention of the Township of Hamilton and complying with
all of the local, municipal, state and federal laws.
LODGING UNIT
A room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or group of persons
living together or by a person living alone, within a building.
OCCUPANCY
Any use, possession or control of real property by persons,
entities or personal property.
OCCUPANT
Any individual who lives or sleeps in, or has actual possession
of, a dwelling unit.
OWNER
The individual, person or, in the case of a corporation,
the corporate officer designated by said corporation who leases a
dwelling to a tenant, as defined herein, and/or who is the legal owner
of record or authorized representative of said corporation and is
empowered to receive construct notice as defined in this article.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
REINSPECTION
The inspection which occurs after a failed initial inspection.
RESIDENTIAL RENTAL UNIT
A.
Any dwelling, as defined above, which the owner rents or leases
to any third party for the purposes of that third party or parties
to reside in the premises for a period in excess of 30 days, regardless
of the term of any written or verbal lease. This shall include, but
is not limited to, any dwelling occupied by any tenant who occupies
the dwelling for more than 30 days.
B.
Any room or rooms, suite or a 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,
including but not limited to the owner thereof or any other servants,
agents or employees.
C.
This definition applies only to those dwelling units, including
single-family residences, which are available for lease or rental
purposes.
SLEEPING ACCOMMODATIONS
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within a residential
rental unit.
TENANT
The person, persons or corporation to whom a dwelling is
leased, rented or occupied by other than the owner.
The provisions of the Uniform Construction Code, N.J.S.A. 52:27D-119
et seq. and N.J.A.C. 5:23-1 et seq.; Uniform Fire Code, N.J.A.C. 5:70-2
et seq.; and the International Property Maintenance Code, as may be
approved and adopted subsequent thereto by the Department of Community
Affairs of the State of New Jersey, are hereby accepted, adopted and
established as standards to be used as a guide in determining whether
dwellings and buildings in this Township are safe, sanitary and fit
for human habitation and/or rental. A copy of said codes and regulations,
and any amendments subsequent thereto, has been placed on file in
the office of the Township Clerk and is available for inspection by
all persons desiring to use and examine same.
All residential dwelling units which were rented on or after
January 1, 2012, shall be required to apply for, and obtain a residential
rental unit license issued by the Bureau of Fire Prevention on forms
which shall be provided for that purpose.
A. Any owner permitting the occupancy of a residential rental unit without
said license after June 30, 2012, shall be in violation of this article,
and each and every day thereafter shall be deem a separate offense.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all residential rental units shall be licensed
as provided herein. Every owner, either personally or through his
agent, shall file with the Bureau of Fire Prevention a residential
rental unit licensing application for any residential rental unit
located within the Township of Hamilton. Said licensing form shall
include the following information:
A. The name and address of the record owner(s) of the premises and the
record owner(s) of the rental business, if not the same person(s).
In the case of a partnership, the names and addresses of all general
partners shall be provided, together with the telephone numbers for
each of such individuals, indicating where such individuals may be
reached both during the day and evening hours.
B. If the record owner is a corporation, the name and address of the
registered agent and the name and address of the person to be contacted
for any reason regarding the residential rental unit, if other than
the registered agent.
C. If the address of any record owner is not located in Atlantic County,
New Jersey, the owner shall designate an agent who resides in Atlantic
County, New Jersey, who is authorized by the owner to perform any
duty imposed upon the owner by this article.
D. The name, address and telephone number of an individual representative
of the record owner or agent located in Atlantic County who may be
reached or contacted at any time in the event of an emergency affecting
the premises or any residential rental unit therein, including such
emergencies as the failure of any essential service or system, and
who has the authority and the responsibility to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith.
E. The lot, block, and address of the residential rental unit.
F. 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.
G. As to each residential rental unit, specification of the exact number
of sleeping rooms contained in the residential rental unit and the
exact number of sleeping accommodations contained in each of the sleeping
rooms, identifying each sleeping room specifically by number and location
within the residential rental unit and by the square footage thereof.
In order to satisfy the requirements of this provision, an owner shall
submit a floor plan which shall become a part of the residential rental
unit licensing application and which shall be attached to the residential
rental unit licensing form when filed with the Bureau of Fire Prevention.
H. A certification section to read as follows:
"By signing below, I certify to the best of my knowledge and belief that the statements contained in this application are true and correct; and I further certify to the best of my knowledge and belief that the unit for which the residential rental unit license is being applied for, is in compliance with Municipal Land Use and Development Chapter
203, the Housing Code and/or the UCC Code, the Uniform Fire Code of the State of New Jersey and/or the International Property Maintenance Code."
I. Names of the tenants/lessees 18 years of age and older and the total
number of children 17 years of age and younger.
J. Such other information as may be prescribed from time to time by
the Township.
Upon the filing of a completed and approved residential rental
unit license application form and payment of applicable fees, an owner
shall be entitled to the issuance of a residential rental unit license
by the Bureau of Fire Prevention.
The Bureau of Fire Prevention shall index and file the rental
license and registration forms and make them reasonably available
for public inspection. In doing so, the Bureau of Fire Prevention
shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented,
so that the filing of the residential rental unit license form will
simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28
to the extent that it applies to the property being licensed and will
also satisfy the residential rental unit license requirements of this
article. The Bureau of Fire Prevention shall maintain a master index
of all such residential rental unit licenses and registration forms,
and any person may obtain from the Bureau of Fire Prevention a list
of all properly licensed residential rental units upon payment of
the appropriate fees.
Every person required to file a residential rental unit license
registration form pursuant to this article shall file an amended residential
rental unit license registration form within 20 days after any change
in the information required to be included thereon.
Every owner shall provide each occupant or tenant occupying
a residential rental unit with a copy of the residential rental unit
license required by this article. This particular provision shall
not apply to any hotel, motel or guest house registered with the State
of New Jersey pursuant to the Hotel/Motel Multiple Dwelling Act as
defined in N.J.S.A. 55:13A-3. The Tenant must maintain a copy of the
residential rental unit license on the premises at all times and present
it to any duly appointed Township enforcement official upon request.
No residential rental unit shall be issued a residential rental
unit license unless all municipal taxes, water charges, sewer charges,
other municipal assessments or any fees owed pursuant to this article
are paid on a current basis.
Police officers, code enforcement officers, and Bureau of Fire
Prevention officers of the Township of Hamilton are authorized to
issue a summons for a violation of this article.
The Municipal Court of the Township of Hamilton shall have jurisdiction
to enforce this article.
In addition to the penalties set forth in N.J.S.A. 46:8-35,
any person who violates any provision of this article shall, upon
conviction in the Municipal Court of the Township of Hamilton or such
other court having jurisdiction, be liable for a fine not exceeding
$1,000 or imprisonment for a term not exceeding 90 days, or by a period
of community service not exceeding 90 days, or by any one or more
of the above. Each day that a violation occurs shall be deemed a separate
and distinct violation subject to the penalty provisions of this article.
The penalties provisions contained in this article will automatically
be deemed altered and amended in conjunction with any amendments to
N.J.S.A. 40:49-5.