Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, 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 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/boardinghouse 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. 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/boardinghouse, 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.
INSPECTION YEAR
The year beginning on the date that the certificate of inspection
is issued and continuing for the calendar year.
LIFE SAFETY INSPECTION ITEMS
Shall constitute the following: smoke detectors, fire extinguishers,
lint, mold, heater mechanical malfunctions, rodent and/or insect infestation,
carbon monoxide detectors, chain locks, tripping hazards, hot water
pressure valves, automatic door closures, Romex connectors, electrical
receptacles, electrical hazards, railings, exhaust flue pipes, dryer
exhaust pipes, and stoves and stove anti-tipping devices, 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, balconies/patios, broken windows, dead or dying trees,
and roofs.
[Amended 6-14-2023 by Ord. No. 2023-09]
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 in which 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 Borough.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
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.
RENTAL FACILITY
Every building, group of buildings or condominiums or a portion
thereof consisting of more than three 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.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
[Amended 3-8-2023 by Ord. No. 2023-02]
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 inspected, as provided herein. Every owner shall file with the
Borough Clerk or designee of the Borough of Lindenwold, or such other
person as designated by the Borough Council, an inspection application
form for each unit contained within a building or structure, and for
each rental facility on a form as prescribed by the Construction Official.
The owner of a rental unit or rental facility, as defined herein,
shall file the inspection application within 30 days of the purchase
and/or taking of ownership of the rental unit or rental facility.
Upon receipt of a completed inspection application form complying with the requirements of §
250-4 above, the Borough Clerk or designee shall index and file the inspection application forms. The owner shall post the certificate of inspection in a conspicuous place on the premises of the rental unit.
Every person required to file an inspection application form
pursuant to this article shall file an amended inspection 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.
Upon the filing of a completed inspection application, payment of the prescribed fee set forth in §
150-42, and a satisfactory inspection, the owner shall be entitled to the issuance of a certificate of inspection commencing on the date of issuance and expiring on the same day of the next calendar year, at which time a new inspection shall be required. An inspection application form shall be required for each rental unit, and a certificate of inspection shall be issued to the owner for each rental unit, even if more than one rental unit is contained in the property. In the event that a property is sold, assigned or transferred during the year, the certificate of inspection shall be transferrable to the new owner.
At the time of the filing of the inspection application form, and, prior to the issuance of a certificate of inspection, the owner or agent of the owner must pay a fee in accordance with the fees as listed in §
150-42.
A. Late Charges. For any fee paid more than 30 days after its due date
there shall be a late fee imposed of 5% per month, each month, of
all fees due, pursuant to this ordinance.
B. No certificate of inspection shall be issued without payment in full
of all fees required in this article.
C. Fees will not be charged pursuant to this chapter for units inspected for a change in occupancy within the previous 12 months, or where the property has been inspected by the State of New Jersey within the 12 previous months, or where the property is exempt from inspections pursuant to §
250-7F.
It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than permitted by law to sleep in or occupy overnight the rental unit for a period exceeding 29 consecutive days. Any person violating this provision shall be subject to the penalty provisions §
1-1, except that the owner may only be subject to penalty if, after receiving notice of said occupancy, the owner fails to take legal action to have the conduct ceased and/or to evict the tenant.
If any section, subsection, part, clause or phrase of this ordinance
shall be declared invalid by judgment of any court of competent jurisdiction,
such section, subsection, part, clause or phrase shall be deemed to
be severable from the remainder of this ordinance.
All ordinances or portions thereof inconsistent with this chapter
are repealed to the extent of such inconsistency.