Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered and licensed as provided herein. Every owner shall file with the Borough Clerk or designee of the Borough of Caldwell 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 Caldwell or in Essex County, the name and address of a person who resides in Essex County and who is authorized to accept notices from a tenant and to issue receipts therefor and to accept service 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 the Borough of Caldwell, who may be reached or contacted at any time in the event of an emergency affecting the premises 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 building and any repair thereto or expenditure 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, the name and address of the fuel oil dealer servicing the building and the grade of the 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. 
The name, age and gender of each tenant who is to occupy the dwelling unit.
J. 
Such other information as may be prescribed by the Borough of Caldwell.
K. 
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, 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 article. The owner shall post the certificate of inspection or license.
Every person required to file a registration form pursuant to this article shall file an amended registration form within 20 days after any change in the information to be included thereon. No fee is required for the filling of an amendment, except where the ownership of the premises is changed.
Each rental unit shall be registered yearly and with each change of occupancy. The license term shall commence on August 1 of each year and shall be valid for a calendar year, at which time it shall expire and a new registration shall be required. All rental units must file an initial registration which shall be submitted on or before August 1 of the calendar year.
A. 
Each rental unit that is part of a rental facility that contains 19 or fewer rental units shall be inspected at least once per year.
B. 
Such inspections shall be performed by the Construction Code Official or by his/her designee, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Caldwell shall not be used as a valid substitute.
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 Property Maintenance Code, BOCA Maintenance Code and Housing Code and/or Uniform Fire Safety Act.[1]
[1]
Editor's Note: See Ch. 250, Zoning; Ch. 175, Property Maintenance; Ch. 81, Construction Codes, Uniform; and Ch. 109, Fire Prevention.
D. 
Unsatisfactory inspection. In the event that the inspection of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property or his/her 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 article, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 131-15 herein. The owner shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this article, for good cause shown, and such extension may be granted, provided that such extension shall not exceed 30 days.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming houses or boardinghouses in order that they may promote the purposes of this article to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming houses or 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 or boardinghouses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming house or boardinghouse shall give the inspecting officer free access to the rental facility, rental unit and rooming house or 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 or boardinghouse access to any part of such rental facility, rental unit and rooming house or boardinghouse at all reasonable times for the purpose of making such repairs or alternations as are necessary to effect compliance with the provisions of this article or any lawful order issued pursuant thereto.
C. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this article, an inspecting officer shall conduct an inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Caldwell, which is not registered and licensed in accordance with this article.
Upon the filing of a completed registration form and payment of the prescribed fee, the owner shall be entitled to the issuance of a license commencing on the date of issuance and expiring on December 31 of the calendar year. A registration form shall be required for each rental unit, and a license shall issue to the owner for each rental unit, if more than one rental unit is contained in the property.
At the time of the filling of the registration form, and prior to the issuance of a license, the owner or agent of the owner must pay a fee in accordance with the following:
A. 
An annual registration fee as follows:
(1) 
Thirty dollars per unit.
B. 
A reinspection fee as follows:
(1) 
First reinspection: no charge.
(2) 
Second reinspection: $25 per unit.
(3) 
Any additional reinspection: $50 per unit.
C. 
If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining unit 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.
D. 
If the owner of the property is registered as 501(c)(3) corporation, and thus considered tax exempt by the IRS, or has a similar tax-exempt status from the State of New Jersey and files annual returns if it is incorporated, there shall be no fee.
E. 
If any fee is not paid within 30 days of its due date, a late fee surcharge of $30 will be assessed, per month or part of month, up to three months. A failure to pay the initial fee and any late fee shall be deemed a violation of this article.
F. 
A failure to pay any fee as required by this article shall be deemed a violation of this chapter.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this article. This particular provision shall not apply to any hotel, motel or guesthouse registered with the State of New Jersey, pursuant to the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in conspicuous place within the rental unit(s).
A. 
The maximum number of occupants, as determined by the Construction Code Official, 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 five consecutive days or for more than 29 days within any period of 360 days. Any person violating this provision shall be subject to the penalty provisions of § 131-15 herein.
B. 
Only those occupants whose names are on file with the Borough of Caldwell, as required in this article, 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 § 131-15 herein.
A. 
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this article, 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 owners or the public in general, such that it shall constitute a nuisance, as defined in the ordinances of the Borough of Caldwell.
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 Caldwell and with all applicable state and federal laws.
D. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 131-15 of this article.
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 or more of the following:
(1) 
Conviction of a violation of this article in the Municipal Court or any other court of competent jurisdiction.
(2) 
Determination of a violation of this article at a hearing held pursuant to Subsection B herein.
(3) 
Continuously renting the unit or units to tenants who are convicted of a violation of the Borough's Noise Ordinance.[1]
[1]
Editor's Note: See Ch. 150, Noise.
(4) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(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: Chief of Police, Construction Code Official, the Zoning Enforcement Officer or any other persons or office authorized to file such a 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) filling 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 governing body, and a date for a hearing shall be scheduled, which shall not be sooner than 10 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 governing body. 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 license years.
(4) 
A stenographic transcript 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 Attorney or a 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.
A. 
Any person violating or failing to comply with any provision of this section shall, upon conviction thereof, be punished by a fine of no less than $100 and no more than $1,250. In addition to the fine, such person may be sentenced to imprisonment not to exceed 90 days, or by community service of not more than 90 days, or any combination of imprisonment and community service, in the discretion of the Municipal Court Judge. The continuation of any such violation for each successive day shall constitute a separate punishable offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided herein for each separate offense.
B. 
Despite anything contained herein, in the event that a violation order is not promptly complied with, the Construction Code Official may institute an appropriate action or proceeding at law or equity to exact the penalty provided or may request the legal representative to proceed at law or in equity against the persons responsible for the violation for the following purposes:
(1) 
To restrain, correct or remove the violation or refrain from any further execution of work;
(2) 
To restrain or correct the erection, installation or alteration of each structure;
(3) 
To require the removal of work in violation; or
(4) 
To prevent the occupation or use of the structure or part thereof which was erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Code or in violation of a plan or specification under which an approval, permit or certificate was issued.