[Adopted 11-12-2013 by Ord. No. 1878]
As used in this article, the following terms shall have the
meanings indicated:
AGENT or MANAGING AGENT
An individual or entity designated by the owner and authorized
to perform any duty imposed upon the owner by this article. Such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person is designated by the owner as such an
agent.
LANDLORD or OWNER
The person, persons or entity which owns or purports to own
a rental unit. In the case of a mobile home park, "landlord" shall
mean the owner of an individual dwelling unit within the mobile home
park.
QUALITY OF LIFE VIOLATIONS
In addition to conduct which is otherwise prohibited by state
statute or the Township Code, to knowingly allow or permit in, upon
or in proximity to any rental unit conduct which substantially impairs
the public safety, health or welfare, including, but not limited to,
loud and abusive noise; loud gatherings; boisterous activity; loud,
unruly and profane language; consumption or possession of alcoholic
beverages by persons under the legal age; overcrowding upon or in
proximity to the rental unit; use of fireworks; public urination;
excessive noise of such a character, intensity or duration as to be
detrimental to the life, health and welfare or which unreasonably
endangers the comfort, peace and repose of neighboring residents;
the placement or disposal of bottles, cups, containers, or other debris
on or about the exterior of the rental unit or any other property
in the vicinity, and it shall be a violation if such material is not
removed by 9:00 a.m. following an event; and any other disorderly
acts which unreasonably disturb the peace and good order of the neighborhood
and community.
REGISTRATION
The document issued by the Construction Office confirming that a specific rental unit has been properly registered in accordance with this article. Such registration is in addition to the requirements for the issuance of a continued certificate of occupancy pursuant to §
153-11.2.
RENTAL UNIT
Any home, apartment, dwelling, building or dwelling unit
of any kind which is rented or offered for rent as housing space for
living or dwelling purposes under either a written or oral lease.
However, for purposes of this article, a rental unit shall not include
owner-occupied two-unit premises.
SUBSTANTIATED COMPLAINT
A complaint for a violation of this article, any provision
of Title 2C of the New Jersey Statutes or any Township ordinance governing
disorderly conduct, upon or in proximity to any rental unit, and attributable
to the acts or incitements of any of the tenants of those premises
which has been substantiated by prosecution and conviction in any
court of competent jurisdiction.
No rental unit may be registered or renewed for any property
containing a rental unit unless all municipal taxes, sewer charges
and any other municipal assessments are fully paid and current.
No landlord or agent on behalf of a landlord shall rent or permit
the rental of a rental unit unless such property has been registered
pursuant to this article. Also, no rental unit shall be occupied by
any person or persons until and unless registered pursuant to this
article.
It shall be a violation of this article to fail to appropriately
register any rental unit. It shall also be a violation to continue
the rental of a rental unit after the suspension or revocation of
its registration. It shall also be a violation of this article for
any tenant to engage in any quality of life violation or for the landlord
or agent to knowingly permit repeated quality of life violations at
or about a rental unit, unless a good faith effort and appropriate
action is taken to address the quality of life violations.
On each occasion that a tenant in a rental unit or such tenant's guest, visitor or invitee commits a quality of life violation, a notice of such violation shall be sent by certified and regular mail to the owner and, if applicable, agent. It is the obligation of the landlord and the landlord's agent to take all reasonable and appropriate action to abate further quality of life violations at the rental unit and to make a good faith effort to abate the conditions or circumstances giving rise to such quality of life violations. In the event that the landlord or the landlord's agent fails to take such reasonable and appropriate action to abate further quality of life violations or to make a good faith effort to abate the conditions or circumstances giving rise to such quality of life violations, the landlord and the landlord's agent shall be subject to the fines and penalties set forth in §
276-7 upon the occurrence of a third quality of life violation with respect to an individual rental unit within any eighteen-month period and shall be subject to such fines and penalties upon the occurrence of a second quality of life violation but only if it significantly impacts the neighboring properties or the community. In addition to the fines and penalties set forth in §
276-7, the landlord and the rental unit may be subject to the suspension or revocation of the registration for such rental unit as set forth in §
276-8.
In addition to any other penalty provided for in this article,
a rental unit may be subject to the revocation or suspension of its
registration based upon the following:
A. The occurrence of a third quality of life violation with respect
to an individual rental unit within any eighteen-month period. In
addition, the rental unit may be subject to revocation or suspension
upon the occurrence of a second quality of life violation but only
if it significantly impacts the neighboring properties or the community.
In order to support the suspension or revocation under this section,
it need not be shown that the convictions are of the same individual
or individuals, but only that such convictions involved conduct occurring
on separate occasions over such period.
B. Maintaining the rental unit or the property in which the rental unit
is a part in a dangerous condition having a significant risk of injury
to person or other property.
C. A significant false, misleading or fraudulent statement made in the
registration form, in connection with the inspection of the rental
unit or otherwise under this article.
D. A pattern of conduct which results in creating, maintaining, permitting
or suffering the existence of any of the following conditions at or
about the rental unit:
(1) A nuisance as that term is defined in N.J.S.A. 2C:33-12; provided,
however, that the conviction of such person or persons under that
statute should not be required in order for the Township to take action
under this article.
(2) The failure or refusal to comply with any reasonable directive of
the Township concerning the abatement of conduct prohibited by this
article.
(3) It shall be the defense to any proceeding for the suspension or revocation
of a rental registration to demonstrate that the owner or agent has
taken all reasonable and appropriate action and has made a good faith
effort to abate the conditions or circumstances giving rise to the
suspension or revocation proceeding. Such efforts may include, but
not be limited to, the institution of legal action against the tenant.
If any rental registration is subject to a proceeding for suspension
or revocation, it may nevertheless be renewed pending the determination
of such proceeding.