[Amended 12-29-2003 by Ord. No. 13-03; 3-9-2004 by Ord. No. 1-04; 11-9-2004 by Ord. No. 17-04; 7-10-2012 by Ord. No. 10-12; 12-1-2014 by Ord. No. 23-14; 4-14-2015 by Ord. No. 4-15; 11-10-2015 by Ord. No. 13-15; 6-14-2016 by Ord. No. 7-16; 10-11-2016 by Ord. No. 20-16]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, shall have
the following meanings:
AGENT
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner of 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.
APARTMENT or DWELLING
Any apartment, cottage, bungalow 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
be designed for residence, for office or the operation of any industry
or business or for any other type of independent use.
CERTIFICATE
The rental certificate of inspection issued by the Borough
attesting that the rental unit has been properly inspected in accordance
with this chapter.
CERTIFICATE HOLDER
The person to whom the certificate is issued pursuant to
this chapter. The term "certificate holder" includes within its definition
the term "agent," where applicable.
DWELLING UNIT
Any room or rooms or suite or apartment, 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 of his servants,
agents or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvement connected with use
or occupancy thereof.
OWNER
Any person or group of persons, firm, corporation or officer
thereof, partnership association or trust who owns, operates, exercises
control over, or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
PET
Any domesticated animal required to be licensed pursuant to the Laws of the State of New Jersey and/or Chapter
55 of the Code of the Borough of Oaklyn.
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting
of one or more dwelling units, 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.
RENTAL UNIT
A dwelling unit, not occupied by the property's owner, which
is available for lease or rental purposes. "Rental unit" shall not
include that portion of a rental facility occupied by the owner.
All rental units within a rental facility hereinabove defined
shall be inspected by the Borough of Oaklyn for 12 consecutive months,
or with each change in occupancy, whichever shall occur first.
The Borough Clerk or designee shall index and file the application
for inspection. In doing so, the Borough Clerk or designee shall follow
the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so
that the filing of the application for inspection will simultaneously
satisfy the requirements of N.J.S.A. 46:8-28 to the extent that it
applies to the property being inspected, and will also satisfy the
inspection requirements of this chapter. The owners shall post the
rental certificate of inspection issued by the Borough in a conspicuous
place within its property.
Every person required to file an application for inspection
pursuant to this chapter shall file an amended application for inspection
within 20 days after any change in the information required to be
included thereon. No fee shall be required for the filing of an amendment,
except where the ownership of the premises is changed.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Oaklyn, which has not been issued a rental certificate of inspection
in accordance with this chapter.
At the time of the filing of the application for inspection,
and, prior to the issuance of a rental certificate of inspection,
the owner or agent of the owner must pay a fee in accordance with
the following:
A. An application fee of $80 per rental unit in rental facilities per
inspection period or upon a change in occupancy.
[Amended 7-13-2021 by Ord. No. 9-21]
B. A fee of $25 per rental unit shall be charged pursuant to property
inspections required under this chapter. Fees for the reinspection
of rental units shall be charged pursuant to property inspections
performed under this chapter as follows:
(1) For the first reinspection, there shall be no fee.
(2) For the second reinspection, there shall be a fee of $20.
(3) For the third and each subsequent reinspection, there shall be a
fee of $100.
[Amended 7-13-2021 by Ord. No. 9-21]
C. If any fee is not paid within 30 days of its due date, a late fee
surcharge of $100 shall be assessed in addition any fees outstanding.
[Amended 7-13-2021 by Ord. No. 9-21]
D. If the owner of the property is a senior citizen who resides in a
unit of the rental facility and rents out the remaining unit(s), and
would otherwise qualify under the State of New Jersey property tax
deduction under N.J.S.A. 54:4-8.41, there shall be no fee.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the application for inspection required
by this chapter. This provision shall not apply to any hotel, motel
or guest house registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act, as per N.J.S.A. 55:13A-3. This
provision may be complied with by posting a copy of the application
for inspection in a conspicuous place within the rental unit(s).
No rental certificate of inspection shall be issued for any
property containing a rental unit, unless all municipal taxes, water
and sewer charges and any other municipal assessments are paid on
a current basis.
[Amended 9-10-2019 by Ord. No. 12-19]
A. All dwelling units shall be maintained in accordance with the Uniform
Construction Code and the BOCA National Property Maintenance Code.
B. All residential sleeping areas within the Borough shall have at least
one fully operable smoke detector located within each sleeping area.
All such residential sleeping areas enclosed by a door or otherwise
shall, in addition, have at least one fully operable smoke detector
located outside each sleeping area within 10 feet of such sleeping
area. Installation of the smoke detectors shall be in accordance with
the manufacturer recommendations and the National Fire Safety Code,
Borough ordinances or any other applicable statute or ordinance. Additionally,
a carbon monoxide detector(s) shall be installed, meeting the requirements
of UL Standard 2034; provided, however, that no carbon monoxide alarm
shall be required in any building that does not contain any fuel-burning
appliances and does not have an attached garage.
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as are set forth in the §
1-14 of the Code of the Borough of Oaklyn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
[Added 7-10-2012 by Ord. No. 10-12]
Any individual affected by the action or inaction of an owner
of a dwelling unit or commercial unit subject to the provisions of
this article, and any civic organization and any appropriate municipal
agency, may file a complaint of violation of this article with the
Oaklyn Municipal Court.
Any landlord of any unit which has been vacant 30 days or more from the end of the preceding tenancy, as of the effective date of this article, shall be required to file the notification required under §
104-21 of this article within 15 days of the effective date of this article.