[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:
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 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 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.
DWELLING UNIT
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.
LIFE SAFETY INSPECTIONS
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.
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. This includes
a condominium association where any rental facility exists.
OWNER-OCCUPIED
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.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
REGISTRATION
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.
RENTAL FACILITY
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.
RENTAL UNIT
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.
RENT or RENTED
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.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
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. 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. 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. The name, phone number 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 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. 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. 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. 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.
J. Proof of a satisfactory inspection in accordance with §
223-7 below.
K. Such other information as may be prescribed by the Township of Waterford.
L. The proposed number of occupants for 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 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:
A. An annual registration fee, which includes the annual inspection
fee, as follows:
B. An amended registration fee as follows:
C. A reinspection fee as follows:
D. Late charges. For any fee paid more than 30 days after its due date
there shall be a late fee.
E. 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. 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).
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.