Township of Eagleswood, NJ
Ocean County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
Any building, structure and the land appurtenant thereto containing two or more apartments or dwelling units rented or offered to two or more tenants, excepting motels and hotels unless the units rented in the motels or hotels shall contain two or more units having eating and cooking facilities. In such event, the units containing such facilities shall be considered multiple-dwelling units.
Any single-family dwelling that is leased, subleased, rented or advertised for rent.
The owners and management of every multiple dwelling or single-family rental situated in the Township shall register with the Township Clerk. The registration shall be upon forms prescribed and furnished by the Township, which forms shall include the following items, all of which must be furnished and completed in detail:
The name and residence address of any and all persons owning or claiming to own the lands on which the multiple dwelling or single-family rental is situated.
The names and addresses of any and all persons holding mortgages or other liens known to the owner or owners.
The number of apartments in the multiple dwelling.
The number of rooms for each apartment and the use, including a statement of the maximum number of persons to reside in each apartment or room or single-family rental, and the number of persons to be permitted to sleep in each sleeping room.
The name and address of an agent designated by the owner to be in charge of the multiple-dwelling or single-family rental house. The agent shall reside within the Township and shall be for all purposes the agent for the owner in accepting any notice, complaint, summons or other process or any notice of requirements that may be necessary to be served upon the owner pursuant to this article.
A precise description of the location of the multiple dwelling by street and house number or, if no street and house number, by Tax Map block and parcel.
Every multiple dwelling or single-family rental shall be registered as above set forth with the Clerk of the Township within 60 days after October 1, 1977.
Failure to register a multiple-dwelling or single-family rental house as above set forth or failure to comply with any of the terms of this article shall constitute a violation of the Township Code and be punishable as set forth. This provision, however, in no way is to limit any other rights, proceedings or remedies, for the enforcement of this article otherwise provided herein.
[Amended 3-24-1981 by Ord. No. 5-81]
In multiple dwellings or single-family rentals, no apartment or dwelling shall be leased, subleased, rented or let or sold to any tenant, lessee or purchaser unless the owner of the premises shall first have obtained a certificate of occupancy from the Building Inspector of the Township of Eagleswood. In regard to new construction, a certificate of occupancy shall issue if the dwelling unit complies with the provisions of the ordinances of the Township and the State Housing Code and said apartment or dwelling unit is safe and fit for human habitation. In regard to the resale, leasing, subleasing, renting or letting of such apartment or dwelling, the certificate of occupancy shall issue after the Building Inspector has made a visual inspection of the same and has found that the same appears to be safe and fit for human habitation and appears to comply with those local and state regulations concerning apartments or dwelling units which are leased or sold.
Within 10 days after a tenant moves out of and vacates any residential premises, the owner of the premises shall file with the Building Inspector a statement under oath containing the address of the premises, the number or other specific designation of the apartment vacated. The statement shall be as set forth in § 198-5.
No vacated apartment or single-family dwelling rental house shall be rented or occupied in whole or in part by any new tenant until an inspection has been made by the aforesaid departments as to whether the premises is in violation of any of the applicable laws of the Township, State of New Jersey or the United States of America. If no violation is found, the inspection department shall issue a certificate of occupancy. Otherwise the owner shall be notified in writing of any violations found.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The inspection shall be made and either a certificate of occupancy or notice of violations shall be issued as aforesaid within five days from the date of application. If the inspection is not accomplished in the five-day period, the premises may be occupied but subject to the right of the Township to cause the premises to be inspected if a violation is found, and to cause the premises to be vacated within 10 days from the date of notice.
The fee for the certificate, including the review of statement and inspection, as well as the fee for each subsequent reinspection required due to a previously failed inspection, shall be as set forth in Chapter 135, Fees; and the fee shall be filed with the statement setting forth the vacation of the premises in question.
[Amended 5-24-2010 by Ord. No. 2010-05[2]]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
At the time of inspection of each unit or single-family dwelling prior to the issuance of the certificate of occupancy, the Building Inspector shall post in a conspicuous place in the apartment or dwelling a notice stating the number of persons who shall be permitted to occupy the apartment as residence pursuant to regulations provided by the Township, and in no event shall residency in excess of the posted number be exceeded by either the landlord or the tenant. For the purpose of determining residency, any person who sleeps upon the premises or generally dwells there for more than two successive days or nights shall be considered to be residing on the premises.