[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 5-27-1975 by Ord. No. 193; amended in its entirety 9-2-1997 by Ord. No. 446. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch. 24.
Municipal Clerk and Deputy Municipal Clerk — See Ch. 35, Art. I.
Chief Financial Officer — See Ch. 35, Art. V.
Assessing Clerk — See Ch. 35, Art. XIV.
Uniform construction codes — See Ch. 88.
Fire prevention — See Ch. 120.
Housing standards — See Ch. 136.
Land use — See Ch. 150.
Property maintenance — See Ch. 181.
[Amended 2-12-2024 by Ord. No. 745]
There is hereby created within the Borough of Buena one or more positions known as "Housing Inspector," to replace the position of Occupancy Inspector. The Housing Inspector(s) shall be appointed by the Council of the Borough of Buena in accordance with the rules and regulations of the New Jersey Civil Service Commission. Such Housing Inspector(s) shall have the duty of enforcing the property maintenance code which was adopted by the Council of the Borough of Buena pursuant to Ordinance No. 446, as amended by Ordinance No. 743-23,[1] and of issuing occupancy permits for all dwellings in the Borough of Buena, including, but not limited to, dwelling units, rooming units, dormitory units, rooming houses, single- and two-family dwellings and all other dwellings as defined in the property maintenance code which are subject to the jurisdiction of the Housing Inspector(s). The salary of the Housing Inspector(s) shall be as provided in the Salary Ordinance[2] of the Borough of Buena.
There is hereby created within the Borough of Buena the position known as "Housing Inspector Trainee." The Housing Inspector Trainee shall be appointed by the Council of the Borough of Buena in accordance with the rules and regulations of the New Jersey Civil Service Commission. The Housing Inspector Trainee shall work under and take direction from the Housing Inspector(s). The Housing Inspector Trainee will receive training and experience by assisting the Housing Inspector(s) with the performance of his or her duties, and otherwise have the duties set forth in the rules and regulations of the Civil Service Commission. The salary of the Housing Inspector Trainee shall be as provided in the Salary Ordinance of the Borough of Buena.
[1]
Editor's Note: See Ch. 181, Property Maintenance.
[2]
Editor's Note: The current Salary Ordinance is on file in the Borough offices.
A. 
No owner, agent or purchaser under an installment sales contract shall hereafter rent or lease or suffer or allow any person or persons to live in or inhabit as a tenant any dwelling as defined in the Borough of Buena property maintenance code,[1] including any dwelling unit, rooming unit, dormitory or rooming house (hereinafter collectively referred to as "rental structure") in the Borough of Buena unless said owner or agent or installment contract purchaser shall have annually registered said rental structure with the Borough of Buena and obtained from the Borough's Occupancy Inspector or his designee an occupancy permit in accordance with this chapter. The occupancy permit provisions of this chapter shall apply upon initial rental to any rental structure and upon each rerental, except that no occupancy permit shall be required during the initial occupancy of any such rental structure where a certificate of occupancy has been issued for such rental structure by the Construction Code Official of the Borough of Buena.
[1]
Editor's Note: See Ch. 181, Property Maintenance.
B. 
Where there is more than one dwelling unit, rooming unit or dormitory room in a rental structure, each such dwelling unit, rooming unit or dormitory room must be separately registered and a separate occupancy permit must be obtained for each such unit or room.
C. 
The above registration provisions shall not apply where the person or persons living in or inhabiting a rental structure are members of the immediate family of the owner or purchaser under an installment contract or members of the immediate family of a principal stockholder or corporate owner. For purposes of this chapter, a principal of a corporation shall be a person who, together with his or her spouse, owns 50% or more of the stock of the corporation. Members of an immediate family shall be those persons who, together with the owner, are living and cooking together on the premises as a single housekeeping unit.
[Amended 12-11-2023 by Ord. No. 743]
A. 
Annual registration statements.
(1) 
Registration of rental units, together with the required fee, shall be made annually to the Housing Inspector of the Borough of Buena, or his designee, during the period of January 1 through February 28 of each calendar year. Each rental unit shall be separately registered. Registration statements shall be on forms prescribed and furnished by the Housing Inspector or his/her designee. Each registration shall expire on February 28 of the following year. Each registration statement shall include:
(a) 
The name, address, and telephone number of the record owner or owners of the premises.
(b) 
The name address and telephone number of the lessor, if other than the owner.
(c) 
The address of the residential rental unit and letter or number designating the unit.
(d) 
The number of rooms used exclusively or primarily for sleeping contained within each residential rental unit.
(e) 
The number of occupants of each residential rental unit and the name of the tenant or tenants signing the lease. If the residential rental unit is unoccupied at the time that the application is completed, the owner or agent shall provide this information as soon as the unit is occupied.
(f) 
The registration date and the total amount of the registration fee.
(g) 
The Housing Inspector, in consultation with the Borough Administrator and President of Borough Council, may amend the registration application to require additional information.
(2) 
Annual registration statements shall be signed by the applicant and submitted to the Housing Inspector, or his/her designee, along with the required fee. Registration shall be transferable for period which the application fee has been paid, provided the registration statement is updated with any changes. Registration statements shall also be updated upon a change in occupancy so that they remain accurate as to the name, or names, of the tenant and the number of occupants.
B. 
Annual registration statement - additional requirements.
(1) 
The annual registration statement shall also designate a natural person or agent who resides within the Atlantic County, or a county contiguous to the Borough of Buena, to receive the notice of violation and with the authority to correct any violations of these regulations or of Chapter 81 (Property Maintenance) of the Municipal Code. The designated representative shall also be authorized to receive notice of the filing of zoning occupancy and code enforcement complaints relating to the rental unit(s). Registration statements shall be updated in the event of a change in the designated agent. The landlord shall also supply a current New Jersey driver's license for the authorized agent as proof or the required residency.
(2) 
The original registration statement shall be delivered to the Borough Clerk for filing. A copy of the registration certificate shall be provided to the owner or applicant of the rental unit, and a copy retained by the Housing Inspector.
(3) 
Each rental unit within the Borough of Buena shall be inspected annually, and upon a change in occupancy except as provided herein, by the Housing Inspector or his/her designee, to ensure that it is in compliance with these regulations and the property maintenance code. The Housing Inspector or his/her designee shall make a report promptly after each inspection.
(a) 
The annual inspection may be conducted at any time during the course of the year, additional inspections may be conducted upon the change in occupancy, or upon the filing of Borough of Buena zoning occupancy and code enforcement complaint form.
(b) 
Upon inspection, the Housing Inspector shall determine if the rental unit and each room therein meets the requirements of this chapter and the Property Maintenance Code, Chapter 181, of the Buena Municipal Code. In the event that a unit fails inspection, the owner or applicant shall pay an additional fee for every subsequent reinspection as provided in § 82-9.
(c) 
The annual inspection requirement is waived for any property that 1) received a change of occupancy inspection within three months or less of the scheduled annual inspection date; and 2) was found at that time to be in satisfactory condition on the initial inspection.
(d) 
If the residential rental unit does not comply with applicable regulations and codes of the Borough of Buena, a notice of violation shall be served on the owner or resident agent identifying the violation(s) and a time specified for correction of the violation(s). The Housing Inspector shall reinspect the residential rental unit after the notice of violation has been served and the time has expired for correction of the violations.
(e) 
If a violation still exists after reinspection, provided that there have been no more than two re-inspections, and the housing inspector deems that the owner is making a good-faith effort to correct the violation, he or she may allow for further time and subsequent reinspection of the residential rental unit; alternatively, the Housing Inspector shall file a complaint with the Municipal Court for enforcement of the applicable regulations and codes, and imposition of the penalties set forth in Chapter 1 (General Provisions), Article III. The Housing Inspector shall also file a complaint with the Municipal Court if a unit fails still fails to copy with the applicable regulations and codes of the Borough of Buena after the second reinspection.
(f) 
No certificate of continued occupancy shall be issued and no subsequent annual registration shall be approved until all violations have been corrected. Any certificate of continued occupancy, once issued, may be revoked or suspended in the event the residential rental unit is subsequently found to be in violation of these regulations and the code.
(g) 
Any residential rental unit that is damaged by fire or other cause shall be reinspected to ensure compliance with these regulations and the Property Maintenance Code prior to reoccupancy.
A. 
Any person who owns a rental structure in the Borough of Buena as defined in this chapter, or any agent of any owner or any purchaser under installment sales contract, who desires to rent to same or any portion thereof to another person shall first obtain an occupancy permit from the Occupancy Inspector of the Borough of Buena, or his designee, before allowing any person to live in, occupy or inhabit any rental structure or any portion thereof.
B. 
The purchaser of any home or rental structure in the Borough of Buena which has been previously occupied by a prior owner or tenant shall notify the Occupancy Inspector of the Borough of Buena of such purchase and shall apply for and obtain an occupancy permit prior to occupying said home or rental structure, or prior to allowing tenant to occupy such home or rental structure. The purchaser of a dwelling in which the purchaser will reside as owner shall not be required to annually register said home as a rental structure and shall therefore pay a one-time fee as provided for herein upon inspection and issuance of an occupancy permit.
C. 
The purchaser of a rental structure which has been registered during the calendar year of purchase shall be entitled to a transfer of said registration, and no additional fee shall be charged for the issuance of an occupancy permit during the calendar year in which the rental structure is purchased. However, such purchaser shall be obligated to comply with the registration requirements of this chapter as an owner commencing with the next ensuing calendar year. The purchaser of a rental structure which has not been previously registered by the owner shall be obligated to register same and to pay the registration fee during the year of purchase and shall thereupon be entitled to an occupancy permit upon inspection, provided that such rental structure complies with the requirements of this chapter.
A. 
No occupancy permit shall be issued for any dwelling as defined in the Borough of Buena property maintenance code,[1] including any dwelling unit, rooming unit, mobile home, rooming house or dormitory room unless said living unit or rental structure complies with the property maintenance code adopted by the Borough of Buena pursuant to § 181-1.
[1]
Editor's Note: See Ch. 181, Property Maintenance.
B. 
In the case of multiple-family dwellings or hotels, no occupancy permit shall be issued for any dwelling unit located therein unless the Occupancy Inspector first finds that the dwelling unit is in full compliance with the Hotel and Multiple Dwelling Law of the State of New Jersey, N.J.S.A. 55:13A-1 et seq., as amended, and the regulations promulgated thereunder, together with all applicable ordinances of the Borough of Buena.
A. 
If upon inspection the Occupancy Inspector finds that the dwelling unit in question complies with the requirements of this chapter, and of other applicable ordinances in the Borough of Buena, he shall issue the occupancy permit within three working days after the date of inspection.
B. 
In the event that violations are found to exist, the Occupancy Inspector shall, within three working days after the date of inspection, notify the owner and require correction thereof prior to issuing a occupancy permit.
A. 
An occupancy permit which is issued by the Occupancy Inspector of the Borough of Buena or his designee shall remain in full force and effect for the calendar year in which it is issued and until a new certificate is issued by the Occupancy Inspector, after inspection; except that, where a unit within a rental structure has been vacated by the tenant or occupant residing there at the time of inspection or where the rental structure or home has been sold to a new owner or upon conviction for violation of this chapter, state health regulations or for violation of the Uniform State Construction Code, the owner of the property shall apply for and obtain, upon inspection, a new occupancy permit. No additional fee shall be charged for the issuance of a new occupancy permit, provided that the unit in question was previously registered as required herein and the annual registration fee paid. Where the unit is a home which was occupied by an owner, and therefore not registered as a rental structure, the new owner shall pay an inspection fee for an occupancy permit only, which permit shall be issued provided that the home in question meets the requirements of this chapter. In the event that the unit is a rental structure which was not previously registered as required by this chapter, said unit shall be registered, a fee paid and an occupancy permit shall issue upon inspection, provided that the unit complies with the provision of this chapter.
B. 
The owner of every home or rental unit shall maintain said occupancy permit and make the same available to the Occupancy Inspector and to an existing occupant or tenant.
[Amended 12-27-2004 by Ord. No. 517; 12-17-2012 by Ord. No. 598; 4-11-2016 by Ord. No. 636; 12-11-2023 by Ord. No. 743]
A. 
Each rental unit shall be registered annually with the Borough Clerk on or before February 28 of each calendar year. Upon registration of each rental unit, the owner/applicant shall pay a registration fee of $100 for each rental unit, which includes one inspection.
B. 
Prior to the re-renting to a subsequent tenant of any rental unit, the owner/applicant shall pay a new inspection fee of $100 per unit for the inspection.
C. 
In the event that subsequent inspections are necessary because of the failure of a rental unit to comply with the requirements of this chapter, the owner/applicant shall pay a reinspection fee of $75 for each inspection after the first inspection.
D. 
Notwithstanding anything herein to the contrary, in the event that the unit is a rental unit which was not tenant-occupied or registered in the previous year as required by this chapter and is thereafter registered subsequent to February 28 of the year in which it is registered as required by this chapter, the initial registration and inspection fee shall be $100, which shall be prorated to December 31 of the year registered.[1]
[1]
Editor's Note: Former Subsection E, regarding annual fee increases, which immediately followed this subsection, was repealed 10-10-2017 by Ord. No. 659.
To effectuate the purposes and provisions of this chapter, the Occupancy Inspector shall have the right to exercise such powers as may be necessary to carry out a proper inspection, including but not limited to the following, and including all other powers which may be granted by law:
A. 
To investigate dwelling conditions in the Borough of Buena in order to determine which dwellings, dwelling units or other places of residence therein are unfit for human habitation.
B. 
To enter upon premises for the purpose of making examinations at all reasonable hours.
C. 
To delegate any of his functions and powers to the Construction Code official of the Borough of Buena, or to a subcode official of the Borough of Buena, as he may designate in order to carry out the registration and/or inspection requirements of this chapter.
In the absence of the Occupancy Inspector, or in circumstances where an inspection by the Occupancy Inspector might constitute a conflict of interest, or where another Borough inspector is required by another ordinance or by state law or regulation to inspect a dwelling or rental structure for compliance with that ordinance, law or regulation, the Construction Code Official of the Borough of Buena, or the Building, Plumbing, Electrical or Fire Subcode official of the Borough of Buena, is hereby designated to register rental structures and to make inspections of dwelling or rental structures in order to enforce this chapter. The Construction Code Official, or any subcode official designated herein to make inspections required by this chapter which are otherwise made by the Occupancy Inspector, shall have all of the same duties and powers as are granted by this chapter to the Occupancy Inspector. In such event, the Construction Official or other subcode official shall be entitled to appropriate compensation from the Borough of Buena for the performance of such registration and/or inspection.
A. 
The Occupancy Inspector or his designee shall, upon completion of an inspection, issue an occupancy permit where the home or rental structure complies with the requirements of this chapter. When a home or rental structure does not comply, so that an occupancy permit cannot be issued, the Occupancy Inspector or his designee shall prepare a report and issue same to the owner or applicant of the home or rental structure which has been inspected, setting forth the deficiencies to be corrected prior to the issuance of an occupancy permit. A copy of said inspection report shall be retained by the Occupancy Inspector and a copy thereof issued to the owner or applicant. Upon issuance of an occupancy permit, a copy of said permit shall be retained by the Occupancy Inspector and a copy provided to the Borough Clerk to be filed in such office with the registration certificate of the rental structure which is the subject of said inspection. Where an occupancy permit is issued for a home which is not a rental structure, said occupancy permit shall be issued to the owner or applicant and a copy retained by the Occupancy Inspector.
B. 
At the request of any person desiring a copy or copies of any registration statement, occupancy permit or inspection report, the same shall be made available to said person as a public record, and a charge for each such copy shall be made and remitted to the Borough Treasurer in accordance with such ordinance or resolution as has been or will be adopted by the Borough of Buena and as permitted by the laws of the State of New Jersey.
After the effective date of this chapter, the owner of any rental structure who has not registered said rental structure with the Occupancy Inspector of the Borough of Buena as required by Chapter 82 of the Borough Code prior to its amendment by this Ordinance shall comply with the registration requirements of this chapter by June 30, 1995. Any owner or other person obligated to register a rental structure as required by this chapter during the year 1995, who fails to do so by June 30, 1995, shall be in violation of this chapter and shall be obligated to pay a late fee as required by § 82-9D.
Where a dwelling unit is not granted a occupancy permit for reasons set forth in this chapter, the Occupancy Inspector shall not charge an additional fee for a first reinspection where he has set forth the violations, in writing, to the owner or other person requesting such inspection. However, should the dwelling unit not pass inspection on a first reinspection for failure to correct any condition of which the owner or other person was notified in writing, the Occupancy Inspector shall be entitled to charge an additional inspection fee as set forth herein for a second reinspection and for each additional reinspection thereafter until all conditions originally set forth by the Occupancy Inspector are corrected and a occupancy permit is issued.
The Assessment Clerk of the Borough of Buena shall set forth on any assessment search which he provides to a prospective buyer of real estate a notice that the buyer of any dwelling unit in the Borough of Buena is required to obtain a occupancy permit before occupying said premises. The failure, however, of the Assessment Clerk to provide a prospective buyer with such notice shall not excuse any person purchasing real estate from first obtaining a occupancy permit before occupying said premises.
Any farm building or other building in the Borough of Buena which is subject to inspection pursuant to federal or state law and which is actually inspected by a federal or state inspector shall be exempt from the requirement for a occupancy permit under this chapter and from the fees connected with the issuance of said certificate.
[Amended 12-11-2023 by Ord. No. 743]
Any person who shall violate any provision of this chapter shall be subject to such penalties as set forth in Chapter 1, General Provisions, Article III. For the purposes of this section, the failure to register a rental unit shall be a separate offense each year the rental unit remains unregistered. The failure to correct violations cited upon the yearly inspection shall also constitute a separate offense under § 82-4B(3)(e). The failure to register a rental unit includes any registration that is not approved due to outstanding violations in accordance with § 82-4B(3)(f).
[Added 4-10-2023 by Ord. No. 729]
A. 
Definitions. The following definitions shall apply to this section:
COMMON INTEREST COMMUNITY
A real estate development or neighborhood in which the property is burdened by servitudes requiring property owners to contribute to maintenance of commonly held property or to pay dues or assessments to an owners' association that provides services or facilities to the community.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
LEAD INSPECTOR
A person certified by the Department of Health to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or lead-based contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
LEAD-FREE CERTIFICATION
A certification which confirms that a lead-based paint inspection was performed and that no lead-based paint exists in the dwelling unit or that all lead-based paint hazards have been fully abated.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
VISUAL ASSESSOR
A person that is certified to perform a visual assessment.
B. 
Lead-based paint inspection.
(1) 
A lead inspector for the Borough of Buena shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough of Buena for lead-based paint hazards through visual assessment in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
(2) 
The property owner or landlord may, in lieu of having the dwelling inspected by the Borough's lead inspector, directly hire a private lead evaluation contractor who is certified to provide lead-based paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended from time to time.
(3) 
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a) 
Has been certified to be free of lead-based paint;
(b) 
Was constructed during or after 1978;
(c) 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.;
(d) 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
(e) 
Has a valid lead-safe certification issued after abatement in accordance with N.J.A.C. 5:17.
(4) 
If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead-based paint hazard control mechanisms in accordance with the Lead-Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. Upon the remediation of the lead-based paint hazard, the Borough's lead evaluation contractor or visual assessor, as may be applicable, or the owner's private lead evaluation contractor, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
(5) 
If no lead-based paint hazards are identified, or following remediation pursuant to this subsection, then the Borough's lead evaluation contractor or the owner's private lead inspector shall certify the dwelling as lead safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
(6) 
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(a) 
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Buena at the time of the cyclical inspection unless not required to have had an inspection pursuant to Subsection B(3) herein.
(b) 
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease. This subsection shall not apply should the unit not be required to have an inspection pursuant to Subsection B(3) herein.
(c) 
Maintain a record of the lead-safe certification, which shall include the name or names of the unit's tenant or tenants if the inspection was conducted during a period of tenancy, unless not required to have had an inspection pursuant to Subsection B(3) herein.
(7) 
If a lead evaluation contractor or the Borough's lead evaluation contractor finds a lead-based paint hazard exists, then the lead evaluation contractor shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with Section 8 of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8.
(8) 
Should a lead hazard be identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the lead evaluation contractor shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint.
C. 
Fees for inspections. The fees for a lead-based paint inspection shall be as follows:
(1) 
The fee for a visual assessment and dust wipe sampling inspection performed by the Borough's lead inspector shall be $600 for a dwelling unit that has one bedroom. There shall be an additional fee of $30 for each additional bedroom in the dwelling unit.
(2) 
The fee for the filing of a lead-safe certification or lead-free certification shall be $25.
(3) 
In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
(4) 
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of $20 per dwelling unit inspected by the Borough's lead evaluation contractor or the owner's private lead inspector shall be assessed for the purposes of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437-1 et seq., unless the unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.
(5) 
Should the Borough's lead inspector be required to reinspect due to required remediation, an additional fee of $600 shall be charged for each additional inspection. Should the Borough's lead inspector be required to perform a dust wipe as well as a visual inspection, the fee shall be $725.
(6) 
Should the Borough's lead inspector be denied access, the fee shall remain payable to cover the cost of the Borough's inspector.
D. 
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 82-18B(4) and (6) herein shall be as follows:
(1) 
If a property owner has failed to conduct the required inspection within the time set forth herein, or initiate any remediation efforts, the owner shall be given 30 days to cure the violation.
(2) 
If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
[Added 12-11-2023 by Ord. No. 743]
A. 
No person shall occupy a residential rental unit and no owner shall permit the occupancy of a residential rental unit which has not been registered with the Borough of Buena, or where the certificate of continued occupancy has been revoked or suspended, except as provided immediately below.
B. 
Where the certificate of continued occupancy has been revoked or suspended, the housing inspector shall make a determination whether continued occupancy of the residential rental unit is dangerous to the health and safety of the tenant or tenants, and shall permit continued occupancy by the tenants in those cases where continued occupancy is determined not to be dangerous to their health and safety; provided, however, that if said unit is subsequently vacated, it may not be re-rented as long as the certificate of continued occupancy has not been reinstated.
C. 
The maximum number of occupants shall comply with the International Property Maintenance Code of 2012 as it may be updated. The maximum number of occupants shall be posted in each residential rental unit. It shall be unlawful for an owner to knowingly rent and a tenant to knowingly occupy a residential rental unit with occupants that exceed the number allowed on the premises based on the available sleeping rooms or any modification made by the housing inspector on the basis of the size and layout of the unit.
D. 
It shall be unlawful for any person to reside in the premises whose name does not appear on the lease unless authorized by the tenant or tenants whose names appear on the lease.
E. 
The lease for each residential rental unit shall specify that the lease is subject to all provisions of Borough ordinances.
F. 
At the time of any change of occupancy inspection, the housing inspector shall provide the owner with the Department of Community Affairs Truth in Renting guide or equivalent listing the responsibilities of owners and tenants. The owner or agent of a residential rental unit shall provide a copy of the guide to all tenants, new and existing, and shall require that each adult tenant who signed the lease acknowledge receipt of the guide by signing the receipt form, a copy of which shall be attached to the lease.
[Added 12-11-2023 by Ord. No. 743]
A. 
In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the certificate of registration issued hereunder upon the happening of one or 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 § 82-20B herein.
(3) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance[1] of the Borough of Buena. Three convictions or more in a ninety-day period shall be considered a continuous event.
[1]
Editor's Note: See Ch. 163, Noise.
(4) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants permitted. Three written notices of violations within a ninety-day period, 30 days apart, shall be considered a continuous event.
(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.
(6) 
A false, misleading or fraudulent statement made in connection with the registration or inspection of a rental unit or units under this chapter.
(7) 
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:
(a) 
Disorderly conduct on the part of tenants or occupants or their guests. "Disorderly conduct" shall be as defined in N.J.S.A. 2C:33-2; provided, however, that a conviction of such person or persons under that statute shall not be required in order for the Borough to take action under this section;
(b) 
A nuisance, as that term is defined by N.J.S.A. 2C:33-12; provided, however, that a conviction of such person or persons under that statute shall not be required in order for the Borough to take action under this section;
(c) 
The failure to comply with any directive of the Borough concerning the abatement of conduct prohibited by Subsection A(7)(a) or (b) hereof;
(d) 
The public manifestation by tenants, occupants or guests of being under the influence of alcohol or controlled dangerous substances; provided, however, that a conviction of such individuals for such violation(s) shall not be required in order for the Borough to take action under this section; and
(e) 
The possession or consumption of alcoholic beverages by minors.
(8) 
Whenever the Police Department shall have made an arrest of or issued a summons to a tenant, occupant or guest or owner on three or more occasions during any thirty-day period for an offense related to or arising out of the use and occupancy of the same rental unit(s), the same shall be prima facie evidence of a violation of § 82-20 of the Municipal Code, provided that the owner and/or managing agent shall have had written notice of the existence of such circumstances or conditions.
(9) 
It shall be a defense to any proceeding for the revocation, suspension, or other disciplinary action involving a certificate of registration 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 tenants, occupants or guests for recovery of the premises, eviction of the tenants or otherwise.
B. 
Procedure; written complaint; notice; hearing.
(1) 
A complaint seeking the revocation or suspension of a certificate of registration may be filed by any one or more of the following: Chief of Police, Construction Code Official, Housing Inspector, Zoning Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Administrator or his/her designee. The complaint shall be specific and shall be sufficient to apprise the owner of the charges so as to permit the owner 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 Administrator or his/her designee shall immediately schedule a date for a hearing, which shall not be sooner than 10 days nor more than 30 days thereafter. The Borough Administrator, or his/her designee, shall forward a copy of the complaint and a notice as to the date of the hearing to the owner 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 public officer, as that term is defined by § 181-2 of the Code of the Borough of Buena, who shall render a decision dismissing the complaint, revoking or suspending the certificate of registration or determining that the certificate of registration shall not be renewed or reissued for one or more subsequent registration years. The decision shall be rendered within 30 days of the conclusion of the hearing.
(4) 
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/her designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.