[HISTORY: Adopted by the Township Committee of the Township
of Waterford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-25-2015 by Ord. No. 2015-3; amended in its entirety 2-24-2016 by Ord. No. 2016-3]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, shall have
the following meanings:
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.
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 is designed for
residence, for office or for the operation of any industry or business
or for any other type of independent use. Each dwelling unit shall
contain no more than one kitchen or cooking facility.
Any room or rooms or suite or apartment, including any 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 improvement connected with use
or occupancy thereof. Each dwelling unit shall contain no more than
one kitchen or cooking facility.
Shall constitute the following: smoke detectors, lint, mold,
heater mechanical malfunctions, roach and/or insect infestation, carbon
monoxide detectors, chain locks, tripping hazards, hot water pressure
valves, automatic door closures, Romex connectors, electrical receptacles,
electrical hazards, railing, exhaust flue pipes, dryer exhaust pipes,
and stoves, if applicable and/or required under applicable building/construction
codes. Exterior life safety inspection items shall include trip hazards
on steps, sidewalks, and/or sink holes on the property, railings,
building identification numbers and/or letters, electrical hazards,
environmental hazards and/or spills, broken windows, dead or dying
trees, and roofs.
Township Official authorized to conduct inspections pursuant
to this article.
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. This includes
a condominium association where any rental facility exists.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the Township.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
The certificate issued to the owner/agent by the Township
Clerk or his/her designee attesting that the rental unit has been
properly registered in accordance with this article.
Every building, group of buildings or condominiums or a portion
thereof consisting of more than two dwelling units, 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
for one or more individuals.
A dwelling unit which is used, occupied or offered for occupancy
by lease, rent or otherwise, to persons other than the owner. Rental
unit shall not include that portion of a rental facility, dwelling,
commercial unit or dwelling unit that is owner-occupied. For purposes
of this article, any dwelling unit where the dwelling unit is occupied
by a person or persons other than the owner, even if rent or other
consideration is not being charged or collected, shall be considered
a rental unit.
Occupied by any person or persons other than the owner, regardless
of whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
Occupancy of the unit by one or more tenants.
Occupant in a unit other than the owner.
A.Â
All rental units and rental facilities shall hereafter be registered
with the Township Clerk or designee of the Township of Waterford,
or such other person as designated by the Township Committee, in writing,
on forms which shall be provided for that purpose and which shall
be obtained from the Township Clerk or designee. Such registration
shall occur on an annual basis, as provided herein. No rental unit
shall hereafter be rented unless the rental unit is registered in
accordance with this article.
B.Â
Owners of two-family residential property in which one unit is owner-occupied,
pursuant to the provisions of N.J.S.A. 46:8-28.5, shall not be required
to register if:
Each rental unit shall be registered annually. The registration
shall occur on or before January 1 of each year. For new rental units
that come into existence after January 1 of each year, the initial
registration shall occur before the creation of the first tenancy
in any new rental unit or newly constructed or reconstructed building.
Each rental unit shall be re-registered with each change in occupancy.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units and rental facilities shall
be registered as provided herein. Every owner shall file with the
Township Clerk or such other person as designated by the Township
Committee a registration form for each unit contained within a building
or structure and for each rental facility that shall include the following
information:
A.Â
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental unit, if not the same
persons. In the case of a partnership, the name and 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.
B.Â
If the address of any record owner is not located in Waterford or
in Camden County, the name and address of a person who resides in
Camden County and who is authorized to accept notices from the Township
or a tenant and to issue receipts therefor and to accept service of
process on behalf of the record owner shall be provided.
C.Â
The name, phone number and address of the agent of the premises,
if any.
D.Â
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.Â
The name, 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 premises 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
building and any repair thereto or expenditure in connection therewith.
F.Â
The name and address of every holder of a recorded mortgage on the
premises.
G.Â
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.Â
The address of the rental unit. If the rental unit is located in
a building with more than one dwelling unit, the address of the building,
the number of dwelling units within the building, and the portion
of the building to be used as a rental unit shall also be provided.
I.Â
As to each rental unit, a specification of the exact number and dimensions
of sleeping rooms contained in the rental unit. In order to satisfy
the requirement of this provision, an owner shall submit a floor plan,
drawn appropriately to scale, indicating the use and dimensions of
each room covered by the registration, which shall become part of
the application and which shall be attached to the registration form
when filed with the Township Clerk or designee.
K.Â
Such other information as may be prescribed by the Township of Waterford.
L.Â
The proposed number of occupants for the rental unit.
A.Â
Upon receipt of a completed registration form complying with the requirements of § 223-4 above, the Township Clerk or designee shall index and file the registration forms. In doing so, the Township 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.
B.Â
The owner shall post the certificate of inspection in a conspicuous
place on the premises of the rental unit.
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.
A.Â
Each rental unit and rental facility shall be inspected at least
once every year. Each rental unit shall be inspected before every
initial occupancy, change in occupancy and/or change in the number
of occupants, and the owner shall be required to obtain a certificate
of inspection in accordance with this section before any occupancy
shall be permitted.
B.Â
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Township of Waterford, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Township of Waterford shall not be
used as a valid substitute.
C.Â
Such inspection shall be for the purpose of determining Zoning Ordinance[1] compliance, and to the extent applicable, compliance with
this article, the Township's Property Maintenance Code, the Uniform
Construction Code,[2] Housing Code and/or Building Code and/or Uniform Fire
Safety Act. Inspections will be done on all interior, exterior, grounds,
roads and driveways of all rental properties to ensure public health,
safety and welfare of all occupants and the general public. Inspections
will be for enforcement of the Township's Property Maintenance
Code, the Uniform Construction Code, the Fire Safety Act, Department
of Health Regulations, the National Electric Code and National Standard
Plumbing Code.
(1)Â
In addition to the above, the owner of a rental unit shall comply
with the following:
(a)Â
All carpeting, where provided or installed by the owner, shall
be kept in good repair, properly attached to the floor surface which
it is covering, and shall be steam cleaned or cleaned by other means
acceptable to the Local Housing Inspector, prior to occupancy by tenants
or a change in tenants. Carpeting which is worn, damaged or becomes
a trip hazard shall be properly repaired or replaced.
(b)Â
All appliances which are provided or installed by the owner,
including but not limited to stoves, ovens, refrigerators, washers,
dryers, freezers, and light fixtures, shall be maintained in proper
working order at all times, and promptly repaired or replaced whenever
necessary.
(2)Â
Where the inspection of the rental unit results in a satisfactory
inspection, the inspector shall issue a certificate of inspection
for the rental unit. The certificate of inspection shall state the
maximum number of occupants for the rental unit, as determined by
the inspection.
D.Â
Unsatisfactory inspection. In the event that the inspection(s) of
a rental unit does not result in a satisfactory inspection, a certificate
of inspection shall not 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 corrections have been made
to bring the property and rental unit into compliance with the applicable
code, and the property is thereafter subsequently inspected and registered.
In the event that the property is occupied when such conditions are
discovered, all such corrections shall be made within 30 days, unless
the nature of the deficiency and the applicable law upon which the
inspection is made mandates a shorter time for repairs, in which event
the shorter time shall govern. In the event that the conditions are
not corrected within the thirty-day time period, or sooner where required,
the owner shall be deemed in violation of this article, and every
day that the violation continues shall constitute a separate and distinct
violation subject to the penalty provisions of this article. The owner,
however, shall be permitted to apply for an extension of time to make
repairs or corrections so as to comply with this article, for good
cause shown, Where the applicable law upon which the inspection is
made mandates that the property be vacated, the owner or its agent
shall cause the rental unit to be vacated, and any such failure to
do so shall be a violation of this article. Where applicable, the
Relocation Assistance Act[3] shall apply to any removal of a tenant due to a violation
of this article. However, any such costs incurred by the Township
shall be reimbursed by the owner within 30 days of receipt of a documented
invoice indicating the amount paid by the Township.
[3]
Editor's Note: See N.J.S.A. 20:4-1 et seq.
E.Â
Multiple inspections: It is the intent of this article that each
rental unit be inspected at least once a year but not necessarily
more than once a year. In those instances where a unit is inspected
for a reason other than the annual inspection under this article,
that inspection shall count as the annual inspection under this article,
provided that the same is permitted by the Administrative Code of
the State of New Jersey. The owner shall be responsible for providing
proof to the Township Housing Inspector that said inspection(s) was
made and for obtaining written confirmation from the Township that
said inspection(s) satisfies the requirements of this article.
A.Â
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 purposes
of this article 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 purposes 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 for the purpose of such inspections,
examinations and surveys.
B.Â
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 article
or any lawful order issued pursuant thereto.
C.Â
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this article, an inspecting officer shall conduct an
inspection as hereinbefore provided.
D.Â
In the event that the owner and/or occupant of a unit subject to
inspection under this article refuses access to an inspection officer,
that officer shall make application to the Waterford Township Municipal
Court, with notice to the objector, for an administrative search warrant
which the Court will issue if the Court concludes that the reason
for the proposed inspection is the enforcement of the article.
A.Â
No person shall hereafter occupy any rental unit nor shall the owner
permit occupancy of any rental unit within the Township of Waterford
which is not registered in accordance with this article.
B.Â
No owner, agent, broker or person shall purchase, sell, rent, lease
or use in such a manner as to result, permit or allow any person(s)
to occupy or live in, as occupant, tenant or otherwise, any dwelling
unit or rental unit or other structure, unless a certificate of occupancy
shall first have been obtained.
C.Â
A landlord/owner who places a tenant in a rental unit which is not
registered and who does so in good faith and without knowledge of
the requirement that such rental unit must be registered and who is
supplied a written warning advising of the requirements of this article
shall have a period of three business days to cause the rental unit
to be registered in accordance with this article or, failing to do
so, shall vacate said premises or otherwise be subject to the penalty
provisions herein.
A registration form shall be required for each rental unit, even if more than one rental unit is contained in the property. In the event that a registered property is sold, assigned or transferred during the year, an amended registration form is required to be filed in accordance with § 223-6.
At the time of the filing of the registration form, the owner
or agent of the owner must pay a fee in accordance with the following:
E.Â
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit(s) and who would
otherwise qualify for the state property tax deduction pursuant to
N.J.S.A. 54:4-8.41, then the fees shall be 1/2 of the stated amounts.
F.Â
The fees assessed are for the cost of administering, inspecting and
enforcing the requirements of this article.
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).
A.Â
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 this
article. For purposes of this subsection the term "person" is intended
to mean owner, tenant or guest of the rental unit.
B.Â
Nuisance prohibited. No rental unit or rental facility shall be used,
operated or maintained 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 ordinances of the Township of Waterford.
C.Â
Compliance with other laws. The maintenance of all rental units and
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 Township of
Waterford and with all applicable state and federal laws.
A.Â
Any landlord and/or owner of leased property located within the Township
of Waterford 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.
B.Â
The landlord/owner of any such property located within the Township
of Waterford 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.Â
In addition to any other penalty prescribed herein, any owner may
be subject to the revocation or suspension of the registration issued
hereunder upon the happening of one or more of the following:
(1)Â
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(2)Â
Determination of a violation of this article at a hearing held pursuant to Subsection B herein.
(3)Â
Continuing, after notice, to rent the unit or units to a tenant or
tenants who are convicted of a violation of the Noise and/or Nuisance
Ordinances of the Township on more than one occasion.
(4)Â
Continuing, after notice, to permit the rental unit to be occupied
by more than the maximum number of occupants as defined in this article.
(5)Â
Maintaining the rental unit or units or the property in which the
rental unit(s) is a part in an uninhabitable and/or dangerous condition
likely to result in injury to person or property.
(6)Â
Failing to pursue eviction of a lessee or tenant for good cause as
defined by N.J.S.A. 2A:18-61.1g, which includes a tenant or lessee
who:
(a)Â
Has continued to be, after written notice to cease, so disorderly
as to destroy the peace and quiet of the occupants or other tenants
residing in said house or neighborhood; or
(b)Â
Has willfully or by reason of gross negligence caused or allowed
destruction, damage or injury to the premises; or
(c)Â
Has continued, after written notice to cease, to substantially
violate or breach any of the landlord's rules and regulations
governing said premises which have been accepted by the tenant or
made a part of the lease at the beginning of a lease term; or
(d)Â
Has been convicted of or pleaded guilty to an offense, or if
a juvenile, has been adjudicated delinquent on the basis of an act
which if committed by an adult would constitute an offense under the
Comprehensive Drug Reform Act of 1987 (N.J.S.A. 2C:35-1 et seq.) involving
the use, possession, manufacture, dispensing or distribution of a
controlled dangerous substance, controlled dangerous substance analog
or drug paraphernalia within the meaning of that Act within or upon
the leased premises or the building or complex of buildings and land
appurtenant thereto and has not in connection with his sentence for
that offense either successfully completed or been admitted to and
continued upon probation while completing a drug rehabilitation program
pursuant to N.J.S.A. 2C:35-14; or, being the tenant or lessee of such
leased premises, knowingly harbors or harbored therein a person who
has been so convicted or has so pleaded, or otherwise permits or permitted
such a person to occupy those premises for residential purposes, whether
continuously or intermittently; or
(e)Â
Has been convicted of or pleaded guilty to, or if a juvenile,
has been adjudicated delinquent on the basis of an act which if committed
by an adult would constitute an offense under N.J.S.A. 2C:12-1 or
N.J.S.A. 2C:12-3 involving assault, or terroristic threats against
the landlord, a member of the landlord's family or an employee
of the landlord; or, being the tenant or lessee of such leased premises,
knowingly harbors or harbored therein a person who has been so convicted
or has so pleaded, or otherwise permits or permitted such a person
to occupy those premises for residential purposes, whether continuously
or intermittently; or
(f)Â
Has been convicted of or pleaded guilty to, or if a juvenile,
has been adjudicated delinquent on the basis of an act which if committed
by an adult would constitute an offense under N.J.S.A. 2C:20-1 involving
theft of property from the landlord, the leased premises or other
tenants residing in the same building or complex; or, being the tenant
or lessee of such leased premises, knowingly harbors or harbored therein
a person who has been so convicted or has so pleaded, or otherwise
permits or permitted such a person to occupy those premises for residential
purposes, whether continuously or intermittently.
(7)Â
False or misleading information given or provided in connection with
the registration application or renewal; or
(8)Â
Failure to correct violations in the time period prescribed; or
(9)Â
Failure to permit lawful inspections; or
(10)Â
Failure to pay any fee herein provided for; or
(11)Â
Violation of the provisions of this article or any other ordinance
or law pertaining to the use of the property.
B.Â
Procedure; written compliant; notice; hearing.
(1)Â
A complaint seeking the revocation or suspension of the registration
may be filed by any one or more of the following: Director of Public
Safety, Chief of Police, Construction Code Official, Local Housing
Inspector, Zoning Enforcement Officer or any other person or office
authorized to file such complaint. Such complaint shall be in writing
and filed with the Township Clerk or designee. The complaint shall
be specific and shall be sufficient to apprise the registrant of the
charges, so as to permit the registrant 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)Â
Upon the filing of such written complaint, the Township Clerk or
designee shall immediately inform the Township Committee, and a date
for a hearing shall be scheduled, which shall not be sooner than 10
nor more than 30 days thereafter. The Township 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)Â
The hearing required by this section shall be held before the Township
Governing Body, unless, in its discretion, the Township determines
that the matter should be heard by a hearing officer, who shall be
appointed by the Township Governing Body. If the matter is referred
to a hearing officer, such officer shall transmit his findings of
fact and conclusions of law to the Township Governing Body within
30 days of the conclusion of the hearing. The Township Governing Body
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 Township Governing Body,
then it 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 registration, or determining
that the registration shall not be renewed or reissued for one or
more subsequent license years.
(4)Â
A stenographic transcript may 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)Â
The Township Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.Â
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental registration
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, or eviction of the tenant(s) or other enforcement
action. The burden of proving such defense shall be on the owner.
A.Â
Upon the occurrence of any violation of this article, the landlord or owner of the property shall be put on notice by receiving written notification of said violation from the person so designated by the Township Committee 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 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 pursuant to § 223-15B of this article.
B.Â
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 pursuant to § 223-15 of this article.
Any person who violates any provision of this article shall,
upon conviction in the Municipal Court of the Township of Waterford,
or such other court having jurisdiction, be liable to a fine not exceeding
$300 for the a first offense, a fine of not less than $400 nor more
than a $1,000 for a second or subsequent offense, or imprisonment
for a term not exceeding 30 days, or both. Each day that a violation
occurs shall be deemed a separate and distinct violation, subject
to the penalty provisions of this article. Each separate rental unit
that fails to conform to this article shall be deemed a separate and
distinct violation for each day that the violation occurs within the
particular rental unit.
