Unless the context clearly indicates a different meaning, the following words or phrases, when used in this chapter, shall have the following meaning:
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 house, cottage, bungalow, hotel, boardinghouse, rooming house or lodging house, any room or rooms in a rooming house/boardinghouse 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.
DWELLING UNIT
Any room or rooms or suite or apartment, including room or rooms in an apartment house, cottage, bungalow, hotel, boardinghouse, rooming house or lodging house, 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.
LICENSE
The license issued by the Borough Clerk or designee attesting that the rental unit has been properly registered in accordance with this chapter.
LICENSEE
The person to whom the license is issued pursuant to this chapter. The term "licensee" includes within its definition the term "agent," where applicable.
OWNER
Any person or group of persons, firm, corporation or officer thereof, partnership association or trust that owns, operates, exercises control over, or is in charge of a rental facility.
OWNER-OCCUPIED
A portion of a rental facility, dwelling, commercial unit or dwelling unit shall be considered owner-occupied if the owner makes his primary residence therein. A person may have only one primary residence in the Borough.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
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, which is available for lease or rental purposes. Rental unit shall not include that portion of a rental facility occupied by the owner.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless of whether there is a written or oral agreement and regardless of whether the owner receives consideration for the occupancy.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
All rental units within a rental facility hereinabove defined shall be registered with the Borough Clerk or such other person as designated by the Mayor and Council, on forms which shall be provided for that purpose, and which shall be obtained from the Borough Clerk or designee. Such registration shall occur on an annual basis, as provided herein.
Applications for registration of a rental facility shall be submitted to the Borough Housing Inspector, who shall inspect the premises or cause the same to be inspected in order to determine whether the premises satisfies the requirements set forth herein. If the premises does not comply, the Housing Inspector shall attach to said application a written list of failures and his recommendations and return same to the applicant. The applicant shall have 30 days to make the necessary corrections and advise the Housing Inspector that the premises is ready for reinspection. If corrections are not made within 30 days, the owner of the premises shall be deemed in violation of this chapter. The owner shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this chapter, for good cause shown. If the premises satisfies the requirements set forth herein, the Housing Inspector shall issue a certificate so stating.
Each rental unit hereinabove defined shall be registered for a period of one year or with each change in occupancy, whichever shall occur first. The license term shall commence on the first day of January annually and shall be valid for a period of 12 calendar months or upon a change in occupancy, whichever shall occur first, at which time it shall expire and a new registration shall be required. Any lease which has been executed prior to the adoption of this chapter shall not be affected, but the rental facility must nevertheless be registered, inspected and licensed in accordance with this chapter. No rental facility, or portion thereof, shall hereafter be rented unless the rental facility and units therein are registered and licensed in accordance with this chapter.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental facilities shall be registered and licensed, as provided herein. Every owner shall file with the Borough Clerk, or such other person as designated by the Mayor and Council, 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 the record owner or owners of the rental business, if not the same persons. In the case of a partnership, the name and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, where such individual may be reached both during the day and evening hours.
B. 
If the address of any record owner is not located in Berlin or in Camden County, the name and address of a person who resides in Camden County and who is authorized to accept notices from a tenant and to issue receipts therefor and to accept services of process on behalf of the record owner.
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 of the owner or agent or the owner, if domiciled in Camden County, who may be reached or contacted at any time in the event of an emergency affecting the rental facility or any unit of dwelling space therein, including such emergencies, as the future of any essential service or system, and who has the authority to make emergency decisions concerning the rental facility and any repair thereto or expenditures 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, a specification of the exact number of sleeping rooms contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit a floor plan, which shall become part of the application and which shall be attached to the registration form when filed by the Borough Clerk or designee.
I. 
Such other information as may be prescribed by the Borough of Berlin.
The Borough Clerk or designee shall index and file the registration forms. 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 registration 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 registered and will also satisfy the registration requirements of this chapter. The owners shall post the certificate of inspection or license.
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 fee shall be required for the filing of an amendment, except where the ownership of the premises is changed.
A. 
Each licensee shall procure and at all times cause to be maintained on the licensed premises a register consisting of a permanently bound volume of consecutively numbered pages, immediately following the effective date of his license, and shall submit such register to the Chief of Police of the Borough of Berlin for his approval. The Chief of Police shall endorse the first or title page thereof with the words "Official Register," followed by the name of the licensee, the date of endorsement and the signature of said Chief. In the event of the absence or disability of the Chief, the endorsement may be made by the Acting Chief or by such other person as Borough Council shall direct. No registration herein required to be made shall be made in any register other than the official register endorsed as aforesaid, unless and until said official register shall have been completely filled. Upon the filling of any register, it shall be preserved for not less than six years upon the licensed premises, and a new register endorsed as aforesaid shall thereupon be used for subsequent registrations.
B. 
No person shall occupy, and no licensee shall permit any person to occupy, any housing or lodging units on the licensed premises unless the person renting such housing or lodging unit shall first:
(1) 
Display to the licensee or to his duly authorized agent or employee in charge of the official register written evidence of his or her identity and residence and, in addition thereto, the official state registration certificate of the motor vehicle, if any is then being used by the registrant, and enter such information in registrant's handwriting, in ink, in said official register; and
(2) 
Write in the official register immediately following his registration, in ink, the full and true name, address and relationship, if any, to the registrant of every other person who is to occupy such housing or lodging unit, together with the name, year and state license or registration number of the motor vehicle then being used by such registrant.
C. 
Thereafter, the licensee shall cause to be entered in the official register, in ink, the number or name of the housing or lodging unit assigned to each such registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to § 256-10B(1) hereof, the signature of the agent or employee of the licensee making or accepting the registration, together with the date of such registration and thereafter the date when the occupant or occupants of each housing or lodging unit quits and surrenders the same.
A. 
No premises shall be operated or conducted as licensed premises hereunder which does not provide at least one single and separate lavatory for each four sleeping rooms or fraction thereof.
B. 
The least horizontal dimensions of every sleeping room in licensed premises hereunder shall be not less than seven feet, and every such room shall have a floor area of not less than 70 square feet.
C. 
In every dwelling unit, every room occupied or intended to be occupied for sleeping purposes by one occupant shall have a minimum usable floor area of 70 square feet, and every room occupied or intended to be occupied for sleeping purposes by more than one occupant shall have a usable floor area of at least 50 square feet for each additional occupant; provided, however, that children under the age of three shall not be considered to be additional occupants. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. No more than two occupants shall be permitted to sleep in any one room. No such room shall be used for sleeping purposes which does not open to the outside of the building on a street, alley, yard or court; each such sleeping room shall have at least one window not less than eight square feet in area and one door for ingress and egress.
[Amended 8-4-2014 by Ord. No. 2014-09]
D. 
No basement, kitchen, garage, lobby, hallway or barn shall be used or occupied for sleeping purposes; no porches shall be so occupied unless the adjoining space or room is occupied by the same registrant, and then only if the cubic content and floor space thereof shall comply with all provisions of this chapter.
E. 
No gas, coal or electric range or stove or any other apparatus or appliance shall be used for cooking or the preparation of food, or be installed, in any room or unit in any licensed premises which is occupied or is intended, arranged or designed to be occupied for sleeping purposes, nor shall any food be cooked, prepared or stored in any such room or unit.
F. 
No licensee hereunder shall let, underlet, rent or permit any licensed premises or any part thereof for the purpose of being occupied by any registrant with the privilege of installing in any room occupied or intended, arranged or designed to be occupied as a sleeping room, any gas, coal or electric range or stove or any other apparatus or appliance to be used for the purpose of cooking, storing or preparing food.
G. 
No registrant hereunder or occupant of any licensed premises shall store food or cook or otherwise prepare food in any room in such licensed premises which is occupied or intended, arranged or designed to be occupied for sleeping purposes.
H. 
Every licensed premises in the Borough of Berlin providing accommodations for persons on and above the third floor thereof shall be provided with some means of escape in the event of fire, other than one stairway leading to such accommodations.
A. 
Each rental unit within the rental facility shall be inspected at least once every twelve-month period.
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Berlin. If a dwelling unit is not accessible for an inspection at the time scheduled by the Borough, the property owner shall be subject to a fine of $50. If a dwelling unit is not accessible for a scheduled inspection a third or subsequent times, a property owner shall be subject to the penalty provisions of § 256-26 of this chapter.
[Amended 9-2-2014 by Ord. No. 2014-14]
C. 
Such inspection shall be for the purpose of determining zoning ordinance compliance and, to the extent applicable, to determine if the property complies with the current Hotel Multiple Dwelling Code (HMDC) and International Code County Property Maintenance Code (IPMC). Inspections will be done on all interior, exterior, grounds, roads and driveways of all rental properties to ensure public health, safety and welfare of all occupants and the general public.
[Amended 12-22-2014 by Ord. No. 2014-20]
D. 
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility are deemed unsatisfactory, such property shall not thereafter be registered, nor shall a license issue, and 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 corrections have been made, so as to bring the property and rental unit into compliance with the applicable code and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and if not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 256-26 of this chapter. The owner, however, shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this chapter, for good cause shown.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming houses/boardinghouses, in order that they may promote the purposes of this chapter to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming houses/boardinghouses and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units and rooming houses/boardinghouses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming house/boardinghouse shall give the inspecting officer free access to the rental facility, rental unit and rooming house/boardinghouse at all reasonable times, for the purpose of such inspections, examinations and surveys.
B. 
Every occupant shall give the owner of the rental facility, rental unit and rooming house/boardinghouse access to any part of such rental facility, rental unit and rooming house/boardinghouse 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.
C. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this chapter, an inspecting officer shall conduct an inspection as hereinbefore provided.
D. 
No owner or occupant or any other persons having charge, care or control of any rental unit or facility shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the inspection officers for the purpose of inspection and examination pursuant to this chapter. If the owner or occupant denies entry, the inspection officer or his or her authorized representative shall obtain a search warrant in any court having jurisdiction.
E. 
The application for the search warrant shall state that access to the premises is required in order to enforce this chapter and shall specify whether the desired inspection is a regular annual inspection or a special inspection in response to information received by the Borough of Berlin indicating the possible existence of a condition violative of this chapter.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Berlin, which is not registered and licensed in accordance with this chapter.
A. 
Upon the filing of a completed registration form and payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a license for the remainder of the calendar year. Should a change in occupancy occur within the registration period, the license shall be void, and upon the filing of a completed registration form, payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a new license as to the new tenant, commencing on the date of issuance until the end of the calendar year.
B. 
A registration form shall be required for each rental unit, and license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
An owner or agent of the owner must pay fees in accordance with the following:
A. 
An annual registration fee of $50 per rental unit per year.
B. 
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.
C. 
An annual inspection fee of $100 per rental unit.
D. 
Reinspection fee of $50 per unit.
[Amended 10-6-2014 by Ord. No. 2014-15[1]; 12-22-2014 by Ord. No. 2014-20]
[1]
Editor's Note: This ordinance also repealed former Subsection D, Residential resale inspection fee, and Subsection F, Multiple units, as amended, and provided for the redesignation of former Subsections E and G as Subsections D and E, respectively.
E. 
If any fee is not paid within 30 days of its due date, a late fee surcharge of $20 will be assessed.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this chapter. This particular 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, N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
A. 
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of § 256-26 of this chapter.
B. 
Only those occupants whose names are on file with the Borough of Berlin, as required in this chapter, may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 256-26 of this chapter.
No rental unit may be registered and no license shall issue for any property, containing a rental unit unless all municipal taxes, water and sewer charges and any other municipal assessments are paid by the owner or applicant and are current on the date of the application.
[Amended 12-22-2014 by Ord. No. 2014-20]
All dwelling units shall be maintained in accordance with the Uniform Construction Code, the International Code Council Property Maintenance Code, and the Hotel Multiple Dwelling Code.
A. 
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this chapter, may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and this provision may be enforced against the landlord, tenant or other person residing in said premises.
B. 
Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owner or of the public in general, such that it shall constitute a nuisance, as defined in the ordinance of the Borough of Berlin.[1]
[1]
Editor's Note: See Ch. 226, Nuisances.
C. 
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 Borough of Berlin and with all applicable state and federal laws.
A. 
Grounds. In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the license issued hereunder upon the happening of one of more of the following:
(1) 
Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.
(2) 
Determination of a violation of this chapter at a hearing held pursuant to § 256-22B herein.
(3) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance of the Borough.
(4) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this chapter.
(5) 
Maintaining the rental unit or units or the property in which the rental unit is a part in a dangerous condition likely to result in injury to person or property.
B. 
Procedure; written complaint; notice; hearing.
(1) 
A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: Director of the Office of Code Enforcement, Chief of Police, Construction Code Official, Code Enforcement Officer, Fire Inspector or any other persons or officers authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Clerk or designee. The complaint shall be specific and shall be sufficient to apprise the licensee of the charges, so as to permit the licensee to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information.
(2) 
Upon the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Mayor and Council, and a date for a hearing shall be scheduled, which shall not be sooner than 15 days nor more than 30 days thereafter. The Borough Clerk or designee shall forward a copy of the complaint and a notice, as to the date of the hearing, to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
(3) 
The hearing required by this section shall be held before the Mayor and Council, unless, in its discretion, the Mayor and Council determine that the matter should be heard by a Hearing Officer, who shall be appointed by the Mayor and Council. If the matter is referred to a Hearing Officer, such officer shall transmit his findings of fact and conclusions of law to the Mayor and Council within 30 days of the conclusion of the hearing. The Mayor and Council shall then review the matter and may accept, reject or modify the recommendations of the Hearing Officer based on the record before such Hearing Officer. In the event that the matter is not referred to a Hearing Officer and is heard by the Mayor and Council, then the Mayor and Council shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the license, or determining that the license shall not be renewed or reissued for one or more subsequent years.
(4) 
A recording shall be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally controls administrative hearings.
(5) 
The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
C. 
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental license by demonstrating that the owner has taken appropriate action and has made a good faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including, but not limited to, the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, eviction of the tenant(s) or otherwise.