[Adopted 11-3-1999 by Ord. No. 99-21 (Ch. 179A, Art. I, of the 1986 Code)]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this article shall have the
following meaning:
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 article. 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 COMPLEX
Two or more buildings, each containing two or more apartments,
which are located within close proximity to each other and are owned
by the same owner.
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 whereto the apartment be designed for
residence, for office, or the operation of any industry or business,
or for any other type of independent use.
LICENSE
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this article.
LICENSEE
The person to whom the license is issued pursuant to this
article. 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 which 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 of a portion thereof 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 and is
meant to include apartments and apartment complexes.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes
and is meant to include apartments and apartment complexes.
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of Penns Grove or such other person
designated by the Borough Council on forms which shall be provided
for that purpose and which shall be obtained from the Borough Clerk
or designee. Such registration shall occur on an annual basis as provided
herein. Upon registration, a license will issue allowing the landlord
to rent that property if all conditions are met.
Each rental unit shall be registered on an annual basis. If there is a change of occupancy within that year, the registration form must be updated. It is a violation of present Borough law to change tenants at any time without obtaining a new certificate of occupancy pursuant to Chapter
213, Certificates of Occupancy, of the Code of the Borough of Penns Grove. The initial registration shall occur within 45 days following the adoption of this article and will be in effect for one year. Any lease which has been executed prior to the adoption of this article must nevertheless be registered, inspected and licensed in accordance with this article, although the tenant need not vacate pending this procedure. No rental unit shall hereafter be rented unless the rental unit is registered and licensed in accordance with this article.
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 Penns Grove or such other person as
designated by the Borough Council a registration from 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 names and addresses of
all general partners shall be provided, together with the telephone
numbers for each of such individuals indicating where such individual
may be reached both during the day and evening hours. If the record
owner is a corporation, the names and addresses of the registered
agent and corporate officers of said corporation shall be provided,
together with the telephone numbers for each of such individuals indicating
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 Penns Grove
or in Salem County, the name and address of a person who resides in
Salem 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 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 failure
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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
F. The name and address of every holder of a recorded mortgage on the
premises.
G. If 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.
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 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.
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 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 4-4-2006 by Ord.
No. 2006-15]
The Borough reserves the right to set meetings with all licensed
landlords in the Borough with mandatory attendance. If the landlord
cannot attend, an authorized representative must appear on the landlord's
behalf. If the rental property is owned by a corporation, an officer
of the corporation must be present. All meetings will be held in the
Borough, and at least 30 days' notice of such a meeting will
be provided.
Upon the filing of a completed registration form, and payment
of the prescribed fee, and a satisfactory inspection, the owner shall
be entitled to the issuance of a license commencing on the date of
issuance and expiring on the same date of the next calendar year.
A registration form shall be required for each rental unit, and license
shall issue to the owner for each rental unit, even if more than one
rental unit is contained in the property.
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. An annual registration fee of $15 per year, per unit.
B. A reinspection fee of $15 for each subsequent year, 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. In the case of a properly licensed rooming/boarding house, the fee
of $15 will apply to the entire structure and not to each room individually.
E. If any fee is not paid within 30 days of its due date, a late fee
surcharge of $50 per unit will be assessed. The due date shall be
calculated as follows: years registered plus 30 calendar days from
date of initial registration.
[Amended 4-4-2006 by Ord.
No. 2006-15]
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 a conspicuous place within the rental unit(s).
[Amended 7-5-2017 by Ord.
No. 2017-5]
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 §
359-18 of this article.
No rental unit may be registered and no license shall issue
for any property containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.
[Amended 7-5-2017 by Ord.
No. 2017-5]
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and the International Property Maintenance
Code 2015.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Penns Grove or such other court having jurisdiction, be subject to a penalty as provided in §
1-2 of this Code.