Any person who shall violate the provisions
of this article shall, upon conviction, be subject to a fine not to
exceed $1,000, imprisonment for not more than 90 days or a period
of community service not to exceed 90 days or any combination thereof.
[Amended 4-1-2002 by Ord.
No. 3-02; 6-18-2007 by Ord. No. 7-07; 10-19-2009 by Ord. No. 14-09; 5-19-2014 by Ord. No. 6-14; 3-16-2015 by Ord. No. 3-15; 7-20-2015 by Ord. No. 13-15; 11-16-2015 by Ord. No. 16-15; 8-15-2016 by Ord. No. 16-16]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, 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 of 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 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 for the operation of any
industry or business or for any other type of independent use.
CERTIFICATE
The rental certificate of inspection issued by the Borough
attesting that the rental unit has been properly inspected in accordance
with this chapter.
CERTIFICATE HOLDER
The person to whom the certificate is issued pursuant to
this chapter. The term "certificate holder" includes within its definition
the term "agent," where applicable.
DWELLING UNIT
Any room or rooms or suite or apartment, 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 improvement connected with use
or occupancy thereof.
HOTEL/MOTEL ROOM
A.
The term "hotel" shall mean any building, including, but not
limited to, any related structure accessory building and land appurtenant
thereto, and any part thereof, which contains 10 or more units of
dwelling space or has sleeping facilities for 25 or more persons and
is kept used, maintained, advertised as, or held out to be, a place
where sleeping or dwelling accommodations are available to transient
guests. This definition shall also mean and include any hotel, motor
hotel, motel, or established guesthouse, which is commonly regarded
as a hotel, motor hotel, motel, or established guesthouse, as the
case may be, in the community in which it is located; provided that
this definition shall not be construed to include any building or
structure defined as a multiple dwelling, registered as a multiple
dwelling with the Commissioner of Community Affairs as hereinafter
provided, and occupied or intended to be occupied as such, nor shall
this definition be construed to include a rooming house or a boarding
house as defined in the Rooming and Boarding House Act of 1979, P.L.
1979, c. 496 (N.J.S.A. 55:13B-1, et seq.) or, except as otherwise
set forth in P.L. 1987, c. 270 (N.J.S.A. 55:13A-7.5, 55:13A-7.6, 55:13A-12.1,
55:13A-13.2), any retreat lodging facility as defined in this chapter.
B.
In accordance with the definition provided in the Latest Illustrated
Book of Development Definitions: A transient visitor's stay for hotels/motels
is 1.5 days: the extended-stay facility is for five or more days,
averaging seven to 10 days; no transient visitor can occupy a hotel,
motel or multiple dwelling establishment for more than 30 days, nor
can said transient visitor extend this time period by moving into
another unit within the same establishment. Any transient room or
rooms located within a hotel or motel complex, wherein a person or
persons may temporarily occupy such room(s) for a period no longer
than 30 days. Any room within a hotel or motel complex wherein occupancy
is 30 days or longer is considered a rental unit as otherwise defined
in this chapter and it shall be required to obtain a certificate of
occupancy and rental registration for the same prior to occupancy.
After the adoption of this chapter, no hotel or motel room may be
altered or used in any way wherein the transient room becomes used
as a rental unit.
OWNER
Any person or group of persons, firm, corporation or officer
thereof, partnership association or trust who 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 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 inspected by the Borough of Brooklawn for 12 consecutive
months, or with each change in occupancy, whichever shall occur first.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, every owner shall apply to the Borough Clerk
of the Borough of Brooklawn, or such other person as designated by
the Mayor and Borough Council, for an inspection of each rental unit
contained within a building or structure. The application for inspection
shall include the following information:
A. The name and domicile 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 domicile
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. The designation
of a P.O. Box or similar alternative address does not satisfy the
requirements of this section.
B. If the domicile address of any record owner is not located in Brooklawn
or in Camden County, the name and domicile 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 domicile address of the agent of the premises, if any.
D. The name and domicile 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, domicile address and telephone number of an individual
representative of the owner or agent or the owner, if domiciled in
Camden County, 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 future 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.
F. The name of any pet residing in the rental unit, the breed of said
pet, and the license number assigned to this pet pursuant to its licensure
by the State of New Jersey and/or the Borough of Brooklawn.
G. The name and address of every holder of a recorded mortgage on the
premises.
H. 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.
I. 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
application for inspection when filed by the Borough Clerk or designee.
This information shall be made available to the emergency services
providers within the Borough of Brooklawn.
J. Such other information as may be prescribed by the Borough of Brooklawn.
K. The information provided to the Borough pursuant to the application
for inspection shall be retained in the normal course of business
by the Borough.
The Borough Clerk or designee shall index and file the application
for inspection. 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 application for inspection will simultaneously
satisfy the requirements of N.J.S.A. 46:8-28 to the extent that it
applies to the property being inspected, and will also satisfy the
inspection requirements of this chapter. The owners shall post the
rental certificate of inspection issued by the Borough in a conspicuous
place within its property.
Every person required to file an application for inspection
pursuant to this chapter shall file an amended application for inspection
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.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Brooklawn, which has not been issued a rental certificate of inspection
in accordance with this chapter.
At the time of the filing of the application for inspection,
and, prior to the issuance of a rental certificate of inspection,
the owner or agent of the owner must pay a fee in accordance with
the following:
A. An application fee shall be charged pursuant to property inspections
required under this chapter as follows:
(1) Two hundred dollars per rental unit for the first 10 rental units
in rental facilities per inspection period or upon a change in occupancy;
and
(2) Twenty-five dollars per rental unit for all rental units in a rental facility not subject to §
116-13A(1).
B. Fees for the reinspection of rental units shall be charged pursuant
to property inspections performed under this chapter as follows:
(1) For the first reinspection, there shall be no fee.
(2) For the second reinspection, there shall be a fee of $20.
(3) For the third and each subsequent reinspection, there shall be a
fee of $30.
C. Fees under this section are due and payable on the first day of July
of each and every year. If any fee is not paid within 30 days of this
due date, a late fee surcharge of $20 shall be assessed in addition
any fees outstanding.
D. If the owner of the property is a senior citizen who resides in a
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 under N.J.S.A. 54:4-8.41, there shall be no fee.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the application for inspection required
by this chapter. This provision shall not apply to any hotel, motel
or guest house registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act, as per N.J.S.A. 55:13A-3. This
provision may be complied with by posting a copy of the application
for inspection in a conspicuous place within the rental unit(s).
No rental certificate of inspection 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.
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as are set forth in §
1-15 of the Code of the Borough of Brooklawn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.