[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim 9-2-2004 by Ord. No. 727 (Ch. 75B of the 1973 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 78.
Certificate of continued occupancy — See Ch. 121.
Uniform construction codes — See Ch. 127.
Fire prevention — See Ch. 183.
Housing standards — See Ch. 222.
Peace and good order — See Ch. 294.
Property maintenance — See Ch. 310.
Vacant properties — See Ch. 406.
Zoning — See Ch. 525.
Unless the context clearly indicates a different meaning, the following words or phrases when used in this chapter shall have the following meanings:
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 by 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, cottage, bungalow, any room or rooms in a rooming/boarding house 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 a rooming/boarding 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 improvements 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.
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 or 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.
All rental units within a rental facility hereinabove defined shall be registered with the Borough Clerk or designee of the Borough of Mount Ephraim, or such other person as designated by the Mayor and Commissioners, on forms which shall be provided for that purpose and which shall be obtained from the Borough Clerk or designee. Such registration shall occur as provided hereinafter.
[Amended 12-27-2007 by Ord. No. 16-07; 3-6-2008 by Ord. No. 05-08]
Each rental unit within a rental facility hereinabove defined shall be registered for a period of two years or with each change in occupancy, whichever shall occur first. The license term shall commence on March 31 of each year, and shall be valid for a period of 24 calendar months or upon a change of occupancy, whichever shall occur first, at which time the license shall expire and a new registration shall be required. No rental facility or portion thereof shall be rented unless the rental facility and units therein are registered and licensed in accordance with this chapter.
[Amended 12-27-2007 by Ord. No. 16-07]
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 of Mount Ephraim, or such other persons as designated by the Mayor and Commissioners, 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 address of all general partners shall be provided, together with the telephone numbers for each of such individuals where such individual may be reached during the day and evening hours. In the case of a corporation, the name and address of the registered agent and corporate officers of said corporation shall be provided, together with the telephone numbers for each of such individuals where such individual may be reached during the day and evening hours.
B. 
If the address of any record owner is not located in Mount Ephraim or 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 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 record owner or managing agent 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 failure of any essential service or system, and who has the authority to make emergency decisions concerning the rental facility and any repair thereto or expenditure in connection therewith and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency.
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 Mount Ephraim.
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 forms 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.
[Amended 12-27-2007 by Ord. No. 16-07]
A. 
Upon the filing of an initial application for registration, the Borough will conduct an inspection for the issuance of a license in accordance with the provisions of this chapter. A similar inspection will be conducted upon the filing of a renewal application. The owner of the property, or his/her agent, shall contact the inspector's office within 30 days of registration, or reregistration, to set up an inspection date. Failure to contact the inspector's office within said 30 days will result in the issuance of a violation notice stating that an inspection must be scheduled within the next 20 days, plus an additional administrative fee as set forth in Chapter 165, Article II, Fee Schedule, will be assessed. Failure to schedule an inspection within the additional twenty-day time period will subject the applicant to the penalty provisions of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each rental unit shall be inspected at least once every twenty-four-month period.
[Amended 3-6-2008 by Ord. No. 05-08]
C. 
Inspections shall be performed by the Mount Ephraim Property Maintenance Officer or his/her designee.
D. 
Such inspection shall be for the purpose of determining compliance with this chapter. The current edition of the International Property Maintenance Code[2] shall be adopted by reference as part of this chapter and used as a guide in performing inspections pursuant to this chapter. The inspections may also include determinations on compliance with other ordinances applicable to the rental facility and rental unit, Uniform Construction Code, Housing Code, Building Code, and/or Uniform Fire Safety Act.[3]
[2]
Editor's Note: See also Ch. 310, Property Maintenance, Art. II, Adoption of Standards.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See also Ch. 127, Construction Codes, Uniform; Ch. 222, Housing Standards; and Ch. 183, Fire Prevention.
E. 
Unsatisfactory inspection. In the event that the initial inspection, a renewal inspection, or any other inspection of a rental facility and/or rental unit is 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 repairs/corrections have been made so as to bring the property and rental unit into compliance with the applicable ordinances or Codes, and the property is thereinafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such repairs/corrections shall be made within 30 days, and, if the repairs/corrections are 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 § 319-18 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/boarding houses in order that they may promote the purpose of this chapter to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming/boarding houses and of the general public. For the purpose of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units and rooming/boarding houses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming/boarding house shall give the inspecting officer free access to the rental facility, rental unit and rooming/boarding house at all reasonable times to promote the purpose of this chapter.
B. 
Every occupant shall give the owner of the rental facility, rental unit and rooming/boarding house access to any part of such rental facility, rental unit and rooming/boarding house 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.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Mount Ephraim, which is not registered and licensed in accordance with this chapter.
[Amended 12-27-2007 by Ord. No. 16-07; 3-6-2008 by Ord. No. 05-08]
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 license, which shall be valid for the period of two years. As hereinbefore stated, should a change in occupancy occur within the license 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 a new license as to the new tenant, commencing on the date of issuance.
[Amended 12-27-2007 by Ord. No. 16-07; 3-6-2008 by Ord. No. 05-08[1]]
At the time of the filing 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. 
A registration fee as set forth in Chapter 165, Article II, Fee Schedule, per rental unit or single-family home, which shall be payable biennially.
B. 
A biennial inspection fee per rental unit as set forth in Chapter 165, Article II, Fee Schedule.
C. 
Change in tenancy during the licensing period requires the issuance of a new license. Registration and inspection fees as outlined in § 319-11A and B above will be applicable.
D. 
A reinspection fee as set forth in Chapter 165, Article II, Fee Schedule, per rental unit/per inspection shall be assessed for any reinspection conducted as a result of violations which require correction by the owner during the licensing period.
E. 
If the owner of the property is a senior citizen who resides in a rental 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 pursuant to N.J.S.A. 54:4-8.41, there shall be no fee.
F. 
If any fee is not paid within 30 days of its due date, a late fee surcharge as set forth in Chapter 165, Article II, Fee Schedule, will be assessed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 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 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 § 319-18 of this chapter.
B. 
Only those occupants whose names are on the file with the Borough of Mount Ephraim, 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 § 319-18 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 and any other municipal assessments of the property have been paid by the owner of the property and are current on the date of the application.
All dwelling units shall be maintained in accordance with the Uniform Construction Code[2] and the current edition of the International Property Maintenance Code.[3]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See also Ch. 127, Construction Codes, Uniform.
[3]
Editor's Note: See also Ch. 310, Property Maintenance, Art. II, Adoption of Standards.
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 owners or of the public in general such that it shall constitute a nuisance, as defined in the ordinance of the Borough of Mount Ephraim.
C. 
Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests at all times be in full compliance 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 § 319-18 of this chapter.
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 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 Subsection B 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.[1]
[1]
Editor's Note: See also Ch. 294, Peace and Good Order, Art. IV, Noise.
(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 dangerous condition likely to result in injury to the 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 Commissioners, and a date for the hearing shall be scheduled which shall not be sooner than 15 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 Commissioners unless, in their discretion, the Mayor and Commissioners determine that the matter should be heard by a hearing officer, who shall be appointed by the Mayor and Commissioners. 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 Commissioners within 30 days of the conclusion of the hearing. The Mayor and Commissioners 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 Commissioners, then the Mayor and Commissioners 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 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 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.
Any person who violates a provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Mount Ephraim or such other court having jurisdiction, be subject to the penalty provisions contained in Chapter 305, Penalties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).