[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 6-6-2016 by Ord. No. 7-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 254,
Rental Property Registration, adopted 9-19-2005 by Ord. No. 10-2005
(Ch. 95, Art. I, of the 1982 Code), as amended.
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter 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 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 the operation of any industry
or business, or for any other type of independent use.
A story partly underground but having less than 1/2 of its
clear height, measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line the height shall be measured from the adjoining
grade level.
Any building or structure, or part thereof, used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
A story partly underground but having 1/2 or more of its
clear height; measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line the height shall be measured from the adjoining
grade elevation.
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 agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities, and improvements connected with
use or occupancy thereof.
A room or enclosed floor space within the dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets, storage space and spaces
that are not used frequently or during extended periods of time.
Any person or group of persons, firm, corporation, partnership
or association, or officer thereof, who owns, operates, exercises
control over or is in charge of a rental facility.
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 Borough.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
The person to whom the registration is issued pursuant to
this chapter. The term "registrant" includes within its definition
the term "agent" where applicable.
The registration issued by the Borough Clerk or the Clerk's
designee attesting that the rental unit has been properly registered
in accordance with this chapter.
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.
Every building, group of buildings or 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 individual, and is
meant to include apartments and apartment complexes.
A dwelling unit which is available for lease or rental purposes.
The occupant in a unit other than the owner.
[Amended 6-19-2023 by Ord. No. 18-2023]
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of Swedesboro 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. The registration term shall commence January
1 of each year and such registration shall be valid until December
31 of that year, at which time it shall expire and a new registration
shall be required. No rental unit shall hereafter be rented unless
the rental unit is registered in accordance with this chapter.
[Amended 6-19-2023 by Ord. No. 18-2023]
Rental registrations shall be updated with each change of occupancy,
and an inspection by the Rental Inspector(s) shall be completed prior
to the new occupant moving in. Any lease which has been executed prior
to the adoption of this chapter shall not be affected, but the rental
unit must nevertheless be registered.
[Amended 6-19-2023 by Ord. No. 18-2023]
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered as provided
herein. Every owner shall file with the Borough Clerk or designee
of the Borough of Swedesboro a registration form 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 address 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 name and address of the registered agent and
corporate officers of said corporation shall be included;
B.
If the address of any record owner is not located in Swedesboro,
the name and address of a person who resides in Swedesboro and who
is authorized to accept notices from a tenant and to accept 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 managing agent of the owner 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;
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.
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; and
I.
Such other information as may be prescribed by the Borough of Swedesboro.
A.
The Borough Clerk or designee shall index and file the registration
form and make it reasonably available for public 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
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 chapter.
Every person required to file a registration form pursuant to
this chapter 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.
Each rental unit shall be inspected at least once every twenty-four-month
period. All rental facilities must have their rental registration
form(s) submitted no later than April 30 and pass inspection no later
than June 30 of the licensing year.
[Amended 6-19-2023 by Ord. No. 18-2023]
B.
Such inspections shall be performed by the Borough appointed Rental
Inspector(s).
[Amended 6-19-2023 by Ord. No. 18-2023]
C.
Such inspection shall be for the purpose of determining Chapter 340, Zoning, of the Code of the Borough of Swedesboro, compliance, and, to the extent applicable, to determine if the property complies with the Housing Code and/or Building Code and/or Uniform Fire Safety Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, 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 registered. In the event that the property is occupied, when such conditions are discovered, all such corrections shall be made within 30 days, except in the case of life safety violations, then the repairs shall be made immediately or as soon as practicable after the owner is notified. If such corrections are 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 offense, subject to the penalty provisions of § 254-17 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 article, for good cause shown.
E.
The Rental Inspector(s) 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 purpose of making
such inspections, the Rental Inspector(s) 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
rental unit shall give the Rental Inspector(s) free access to the
rental facility and rental unit at all reasonable times for the purpose
of such inspection.
[Amended 6-19-2023 by Ord. No. 18-2023]
F.
Every occupant shall give the owner of the rental facility and rental
unit access to any part of such rental facility and 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.
G.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this chapter, a Rental Inspector(s) shall conduct an
inspection as hereinbefore provided.
[Amended 6-19-2023 by Ord. No. 18-2023]
H.
State certificate of inspection. Commencing 30 days following an
inspection of the property, the property shall not be registered unless
the owner thereof produces, at the time of registration, a current,
valid certificate of inspection indicating that the property has either
been inspected by the State of New Jersey Bureau of Housing or by
the officials of the Borough of Swedesboro having jurisdiction, and
that the property does not contain any code violations.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit, within the Borough
of Swedesboro which is not registered in accordance with this chapter.
A.
At the time of filing the registration form, the owner shall pay a fee as set forth in Chapter 140, Fees, to cover the first and second inspections. If the payment is received after January 31, an additional fee as set forth in Chapter 140, Fees, shall be charged.
[Amended 6-19-2023 by Ord. No. 18-2023]
A.
Every owner shall provide each occupant or tenant occupying a rental
unit a copy of the registration form required by this chapter. This
particular 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 defined in N.J.S.A. 55:13A-3.
B.
This provision may be complied with by posting a copy of the registration
application in a conspicuous place within the rental unit(s).
Each registrant pursuant to this chapter shall be permitted
to lease or rent the rental unit which has been registered, to a specific
number of registered tenants, which is to be computed in accordance
with the following:
A.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof. Floor space
shall be calculated on the basis of total habitable room area.
B.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet (6.5m2) of floor area, and every room
occupied for sleeping purposes by more than one person shall contain
at least 50 square feet (4.6m2) of floor
area for each occupant thereof. Every room occupied for sleeping purposes
by children under the age of 10 years shall have a minimum floor space
of 50 square feet for each child occupying said room.
C.
One-half of the floor area of every habitable room shall have a ceiling
height of at least seven feet. The floor area of that part of any
room where the ceiling height is less than seven feet shall not be
considered as part of the floor area in computing the total floor
area of the room for the purpose of determining maximum permissible
occupancy thereof.
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. Any person violating this provision shall
be subject to the penalty provisions provided herein.
No rental unit may be registered unless all municipal taxes,
water charges and other municipal assessments are paid on a current
basis.
A.
Cellars and basements. No cellar area or any part thereof shall be
used for sleeping purposes. Basements may be used for sleeping purposes,
provided that the entire basement complies with all requirements of
this chapter, that all furnaces or other heating or hot water facilities
are so located, insulated and separated from living areas by resistive
partitions of two-hour fire rating, that fire extinguishers are provided
at an accessible location in proximity thereto for use in case of
fire and that the floors, ceilings and walls are impervious to leakage
of underground and surface runoff water and are insulated from and
free from dampness and moisture.
B.
Heat. Every rental facility shall have heating facilities which are
properly installed, maintained in good and safe working condition
and capable of safely and adequately heating all applicable rooms,
bathrooms and water closets located therein to a temperature of at
least 70° F. when the outside temperature is 0° F. The temperature
shall be read at a height of three feet above floor level at the center
of the room.
C.
All heating facilities located on the same floor with sleeping or
living facilities shall be separated from said sleeping or living
facilities by a fire-resistant wall.
D.
Lighting and ventilation.
(1)
Every habitable room shall have at least one window or skylight facing
directly to outdoors, which shall be of sufficient size and location
so that, when combined with artificial lighting and ventilating devices,
said room will be fit for human occupancy, in accordance with the
minimum standards hereinafter set forth with respect to lighting and
ventilation.
(2)
Means of ventilation shall be provided for every habitable room.
Such ventilation may be provided by an easily operable window or skylight,
or by other acceptable means, which will provide at least two air
changes per hour.
(3)
Means of ventilation shall be provided for every bathroom or water
closet compartment. Such ventilation may be provided by an easily
operable window or skylight or by other acceptable means which will
provide at least six air changes per hour.
E.
Kitchen. Every dwelling unit in which the regular preparation of
meals is to be accomplished must be equipped with a means of natural
ventilation or mechanical ventilation sufficient to promptly remove
cooking odors to the exterior of the premises.
F.
Maintenance.
(1)
Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building shall be kept in good repair and capable of the
use intended by its design, and any exterior parts or part thereof
subject to corrosion or deterioration shall be kept well painted.
(2)
Every inside and outside stairway and every porch and appurtenance
thereof shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and kept in sound condition and good repair. Every stairway having
three or more steps shall be properly banistered.
(3)
Every porch, balcony, roof and/or similar place higher than 30 inches
above the ground used for egress or for use by occupants shall be
provided with adequate railings. Such protective railings shall be
properly balustraded and shall not be less than three feet in height.
(4)
Every roof, wall, window, exterior door and hatchway shall be free
from holes or leaks that would permit the entrance of water within
a dwelling or be a cause of dampness.
(5)
Every foundation, floor and wall shall be free from chronic dampness.
(6)
Every rental facility shall be free from rodents, vermin and insects.
Rodents or vermin extermination and rodent proofing or vermin proofing
may be required by the inspecting officer or the Board of Health.
(7)
Every rental facility shall be clean and free from garbage or rubbish
and other hazards to safety. Lawns, hedges, trees, bushes, and other
forms of vegetation shall be kept trimmed and shall not be permitted
to become overgrown and unsightly. Fences shall be kept in good repair.
(8)
The Rental Inspector(s), code official or the Board of Health may
issue an order to clean, repair, paint, whitewash or paper such walls
or ceilings when a wall or ceiling in a dwelling has deteriorated
so as to provide a harborage for rodents or vermin, or when such wall
or ceiling has become stained or soiled or where the plaster wallboard
has become loose or badly cracked or missing.
[Amended 6-19-2023 by Ord. No. 18-2023]
G.
Fire protection. Each rental facility shall contain a fire extinguisher
on every floor or portion thereof used as a rental facility. These
should be kept in a designated location in a condition which will
permit efficient operation without delay.
A.
Occupants. Only those occupants whose names are on file with the
Borough Clerk's office as provided in this chapter may reside in the
premises. It shall be unlawful for any other person to reside 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 owners or of the public in
general, such that it shall constitute a nuisance.
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 Swedesboro and with all
applicable state and federal laws.
D.
Penalties. Any landlord, tenant or other person violating the provisions
of this section shall be subject to the penalty provisions of this
chapter.
A.
Grounds. In addition to any other penalty prescribed herein, an 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)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(4)
Continuously or repeatedly permitting the rental unit to be occupied
by more than the maximum number of occupants as defined herein.
(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 person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a registration
may be filed by any one or more of the following: The Mayor, members
of Council, the Chief of Police, the Construction Code Official, the
Zoning Enforcement Officer or the Property Maintenance Code Official.
Such complaint shall be in writing and filed with the Borough Clerk.
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.
[Amended 6-19-2023 by Ord. No. 18-2023]
(2)
Upon the filing of such written complaint, the Borough Clerk shall
immediately inform the Borough Council, and a date for a hearing shall
be scheduled which shall not be sooner than 10 nor more than 30 days
thereafter. The Borough Clerk shall forward a copy of the complaint
and a notice as to the date of the hearing to the registrant and the
agent, if any, at the address indicated on the registration form.
Service upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Borough
Council unless, in its discretion, the Borough Council determines
that the matter should be heard by a hearing officer who shall be
appointed by the 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 Borough Council within 30 days of the conclusion of
the hearing. The 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 the
Borough Council, then the 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 registration, or determining that the registration
shall not be renewed or reissued for one or more subsequent registration
years.
(4)
A stenographic transcript or recording shall be made of the hearing.
All witnesses shall be sworn in prior to testifying. The strict rules
of evidence shall not apply, and the evidential rules and burden of
proof shall be that which generally control 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.
Any person who violates any provision of this chapter shall,
upon conviction in the Municipal Court or such other court having
jurisdiction, be liable to a fine not exceeding $1,000 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 chapter.
