[HISTORY: Adopted by the Mayor and Council
of the Borough of Brooklawn 4-16-2001 by Ord. No. 7-01. Amendments noted where
applicable.]
A.
Any landlord and/or owner of leased property consisting
of three residential units or less located within the Borough of Brooklawn
shall be responsible for any activities, actions, events and conduct
of any person and/or animal which occur in, on or about said premises
or property. The landlord/owner's responsibility shall extend to and
include, but not be limited to, any disorderly conduct, nuisance,
offensive language and any other behavior or conduct which is a violation
of any state statute or of any of the provisions of the Code of the
Borough of Brooklawn.
B.
The landlord/owner of any such property located within
the Borough of Brooklawn shall be responsible and liable for the conduct
and actions of any tenant, invitee, guest or any other person who
is in, on or about the premises and/or property with the permission,
either express or implied, of the landlord, owner, tenant, guest or
invitee.
A.
Upon the occurrence of any violation of this article,
the landlord or owner of any such property located within the Borough
of Brooklawn shall be put on notice by receiving written notification
of said violation from the person so designated by the Mayor and Borough
Council to forward said notice. Said notice shall generally inform
the landlord and/or owner of the nature of the violation and the date
upon which said violation occurred. Said notice shall generally inform
the landlord and/or owner of the nature of the violation and the date
upon which said violation occurred. Said notice shall also state that
any subsequent violation of this article may result in said landlord
and/or owner being cited and otherwise charged with a violation of
said article, which may result in a hearing on said violation to be
heard in the Municipal Court of the Borough of Brooklawn.
B.
If any violation of this article occurs subsequent
to written notification being sent to said landlord and/or owner in
accordance with the above provisions, then said landlord and/or owner
shall be cited for violation of this article and notice for a hearing
to be held in the Municipal Court of the Borough of Brooklawn.
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:
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.
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.
The rental certificate of inspection issued by the Borough
attesting that the rental unit has been properly inspected in accordance
with this chapter.
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.
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.
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.
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.
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.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
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.
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.
A.
Each rental unit within the rental facility shall be inspected at
least once every twelve-month period.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of Brooklawn, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Borough of Brooklawn 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, Uniform Construction
Code, the current edition of the International Property Maintenance
Code (IMPC), Housing Code and/or Uniform Fire Safety Act.
[Amended 9-19-2022 by Ord. No. 9-2022]
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility are deemed unsatisfactory, a rental certificate of inspection shall not issue for such property, 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 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 and a rental certificate of inspection is issued. 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 chapter, and, every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 116-20 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 and rental units,
in order that they may promote the purposes of this chapter to safeguard
the health, safety and welfare of the occupants of rental facilities
and rental units 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 and rental units at all
reasonable times. The owner or occupant of every rental facility and/or
rental unit shall give the inspecting officer free access to the rental
facility and/or rental unit at all reasonable times, to promote the
purposes of this chapter.
B.
Every occupant shall give the owner of the rental facility or rental
unit access to any part of such rental facility or rental unit 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
Brooklawn, which has not been issued a rental certificate of inspection
in accordance with this chapter.
A.
Upon the filing of a completed application for inspection, payment
of the prescribed fee and a satisfactory inspection, the owner shall
be entitled to the issuance of a rental certificate of inspection
commencing of the date of issuance, valid for a period of 12 consecutive
months. As hereinbefore stated, should a change of occupancy occur
within the inspection period, the rental certificate of inspection
shall be void and, upon the filing of a completed application for
inspection, payment of the prescribed fee and a satisfactory inspection,
the owner shall be entitled to the issuance of a new rental certificate
of inspection commencing on the date of issuance, valid for a period
of 12 consecutive months.
B.
An application for inspection shall be required for each rental unit,
and a rental certificate of inspection 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 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:
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).
A.
The maximum number of occupants, as determined by the Hotel and Multiple Dwelling Occupancy Code of the State of New Jersey, N.J.A.C. 5:13A-1 et seq., shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent and/or 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 § 116-20 of this chapter.
B.
Only those occupants whose names are on file with the Borough of Brooklawn, as required in this chapter, may reside in the subject premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent and/or tenant allowing any other party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 116-20 of this chapter.
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.
A.
All dwelling units shall be maintained in accordance with the Uniform
Construction Code and the current edition of the International Property
Maintenance Code (IPMC).
[Amended 9-19-2022 by Ord. No. 9-2022]
B.
Every hotel and motel in the Borough shall be required to do the
following:
(1)
Maintain at all times a registry identifying the name of each occupant
of each rooming unit, together with the principal residence address
of each such occupant and the date upon which his occupancy of such
rooming unit commenced, which registry shall be signed by the person
renting the room. Such registry shall be a valid driver's license
and/or picture ID, which must be kept on file and subject to review
by the Code Enforcement Officer of the Borough upon inspection.
(2)
Post in a conspicuous place or manner in each rooming unit a statement
of the range of rates charged by the hotel or motel, including seasonal
rates, and a legible printed copy.
(3)
No hotel or motel owner can take it upon himself to extend the stay
of any visitor due to the R1 classification which states the occupants
are primarily transient (less than 30 days), which is the code they
were built by, according to the International Building Code of the
State of New Jersey 310.1; such change in classification would need
to meet the building requirements for an R2 occupancy under said code.
A.
Occupants. Only those occupants whose names are on file with the
Borough Clerk, as provided in this chapter, may reside in the premises
subject to the rental certificate of inspection. 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 owner or of the public in
general, such that it shall constitute a nuisance, as defined in the
ordinance of the Borough of Brooklawn.
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 Brooklawn, and with all
applicable state and federal laws.
A.
Grounds. In addition to any other penalty prescribed herein, a certificate
holder may be subject to the revocation or suspension of the rental
certificate of inspection 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.
(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 a 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 rental certificate
of inspection 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 certificate
holder of the charges, so as to permit the certificate holder to present
a defense. The individual(s) may file a complaint 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 Borough Council, and a date
for a 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 certificate holder and/or the agent, if any, at the
address indicated on the application for inspection. Service upon
the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Mayor
and Borough Council, unless, in its discretion, the Mayor and Borough
Council determine that the matter should be heard by a Hearing Officer,
who shall be appointed by the Mayor and Borough Council. 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 Borough Council
within 30 days of the conclusion of the hearing. The Mayor and Borough
Council 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 Mayor and Borough Council, then
the Mayor and Borough Council 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 rental certificate of inspection, or determining that the rental
certificate of inspection shall not be renewed or reissued for one
or more subsequent 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 brought pursuant to this chapter
by demonstrating that the certificate holder 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.
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.
