Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, 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 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/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.
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.
The year beginning on the date that the certificate of inspection
is issued and continuing for the calendar year.
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]
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.
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.
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 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.
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.
Occupancy of the unit by one or more tenants.
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.
A.
Each rental unit and rental facility shall be inspected at least once every year, except as set forth in Subsection F. Each rental unit shall be inspected before every initial occupancy, and/or change in occupancy, and the owner shall be required to obtain a certificate of inspection in accordance with this section before any occupancy shall be permitted.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of Lindenwold and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Borough of Lindenwold shall not be
used as a valid substitute.
C.
Such inspection shall be for the purpose of determining zoning code
compliance, and to the extent applicable, compliance with this article,
the Borough's Property Maintenance Code, the Uniform Construction
Code, 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 Borough's Property Maintenance Code,
the International Code Council Property Maintenance Code (I.P.M.C.),
Existing Building Code (I.E.B.C.) and the Regulation for Maintenance
of Hotels and Multiple Dwellings Code, with references to all International
Code Council Model Codes, The National Electric Code and National
Standard Plumbing Code. In addition to the above, the owner of a rental
unit shall comply with the following:
(1)
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 steamed 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.
(2)
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.
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. An inspection shall be considered satisfactory or
unsatisfactory based upon life safety issues defined in this chapter.
D.
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 be issued, 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. The results of the inspection shall be furnished to the owner of the rental unit or facility within 15 days of the date of the inspection. 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 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. 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 chapter. Chapter 248, Relocation Assistance, shall also apply to any removal of a tenant due to a violation of this chapter.
[Amended 3-8-2023 by Ord. No. 2023-02]
E.
Notifications.
[Added 3-8-2023 by Ord. No. 2023-02[1]]
(1)
Notice. The Borough of Lindenwold shall provide written notice of
the date(s) and time(s) for the inspection(s) required herein to the
owner of the rental unit or rental facility, by personal service on
any one of the following: to the owner at the property subject of
the inspection; to the on-site management office of any multifamily
residential rental dwelling, or to the owner at the property address
listed for service on the inspection application. In lieu of personal
service, the Borough may notice the owner by forwarding the notice
of inspection(s) by both regular mail and certified mail, return receipt
requested, to any one of the following: to the owner at the property
subject of the inspection; to the management office on record as managing
any multifamily residential rental dwelling, or to the owner at the
property address listed for service on the inspection application.
All notices of inspection shall be forwarded by the Borough on or
before January 15 of each inspection year.
(2)
Cancellation and rescheduling inspections. The owner of a rental
unit or rental facility shall notify the Borough Code Enforcement
Office in writing at least 45 days prior to the scheduled inspection
of their inability to accommodate the date(s) and time(s) of the inspection(s)
and request the inspection be rescheduled. In the event the owner
fails to notify the Borough Code Enforcement Office of the need to
reschedule the inspection(s) within the forty-five-day period, the
inspections shall proceed as scheduled by the Borough. The owner shall
contact the Borough Code Enforcement Office, upon a request to have
the inspection(s) rescheduled, and attempt to negotiate a mutually
convenient date(s) and time(s) to reschedule the inspection(s). The
owner shall be permitted to reschedule an inspection for a unit or
facility only once in an inspection year.
(3)
In the event the Borough is required to reschedule the inspection(s),
the Borough will provide the owner at least 15 days' notice of
the cancellation, using the notice provisions as required in this
chapter. The Borough shall contact the owner upon cancellation of
the inspections(s) by the Borough, and attempt to reschedule the inspections(s)
to a mutually convenient date(s) and time(s). In the event of cancellation
by the Borough, a notice rescheduling the inspections(s) shall issue
from the Borough within 10 days of the cancellation, setting forth
the new date(s) and time(s) for the inspection(s).
F.
Multiple inspections. It is the intent of this ordinance that each rental unit be inspected at least once a year but not necessarily more than once a year, except as set forth in Subsection G. In those instances where a unit is inspected for a reason other than the annual inspection under this ordinance, either through a certificate of occupancy inspection or a New Jersey DCA inspection occurring within the preceding twelve-month period, that inspection shall count as the annual inspection under this ordinance provided the same is permitted by the Administrative Code of the State of New Jersey. The owner shall be responsible for providing proof to the Local Housing Inspector that said inspection(s) was made and for obtaining written confirmation from the Borough that said inspection(s) satisfies the requirements of this chapter. The owner shall provide written proof of any New Jersey DCA inspection to the Housing Inspector, including the results of the DCA inspection. It shall be the responsibility of the owner to notify the Borough of any rental units that have been inspected, by either the Borough or State of New Jersey, within the preceding 12 months. The owner shall notify the Borough in writing, of the previous inspections, for which the owner is seeking exemption under this provision, within 10 calendar days of the scheduled inspections. Failure on the part of the owner to provide written notice of the previous inspections shall be construed as a waiver of any exemption, and the Borough shall have the right to inspect all rental units, pursuant to the provisions of this ordinance.
G.
Waiver of annual inspection: If 85% of the units in a complex are
issued a satisfactory rating following the Borough's annual inspection
as to life safety inspection items, for two consecutive calendar years
all units within the complex shall be exempt from the Borough's annual
inspection in the next subsequent year. In the event the owner is
entitled to a waiver under this paragraph for maintaining two consecutive
years with a satisfactory rating of 85% or more, and the owner is
subject to the DCA inspection in the following year, the waiver as
provided in this paragraph shall carry to the following year, and
the owner may utilize the waiver under this section, in the next calendar
year subsequent to the DCA inspection. This waiver is not absolute
and the Borough reserves the right to inspect before every initial
occupancy, or change in occupancy, and/or or upon a complaint from
a tenant.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boardinghouses, 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/boardinghouses
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/boardinghouses
at all reasonable times. The owner or occupant of every rental facility,
rental unit and rooming/boardinghouse shall give the inspecting officer
free access to the rental facility, rental unit and rooming/boardinghouse
at all reasonable times, for the purpose of such inspections, examinations
and surveys.
B.
Every occupant shall give the owner of the rental facility, rental
unit and rooming/boardinghouse access to any part of such rental facility,
rental unit and rooming/boardinghouse 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.
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.
In the event the owner or occupant of a unit or facility subject to inspection under this article fails to provide access for the inspection, or otherwise refuses access to the unit or facility, the owner shall be deemed in violation of this article. The Borough may charge a fee to the owner (see § 150-42 of the Fee Schedule) not to exceed $50, for each unit for which the owner or occupant fails to provide access to the property for a scheduled inspection. In the event access to the property is denied as a result of the action or inaction of the occupant, the owner may charge the occupant for reimbursement of the fee. The fees chargeable under this provision shall be in addition to the fees permitted in § 250-11 of this article and § 150-42 of the Fee Schedule. The Borough shall provide the owner with notice of all fees assessed pursuant to this section within five days of the violation, consistent with the notice provisions of § 250-7E(1). All such fees assessed pursuant to this section shall be paid by the owner within 30 days of the owner's receipt. Failure by the owner to pay the fees timely shall subject the owner to a revocation of the certificate of inspection and resulting penalties as set forth in § 250-14.
[Amended 3-8-2023 by Ord.
No. 2023-02]
E.
In the event an inspection as required in this section is rescheduled
as a result of a prior failure to provide access to the property,
and the owner or occupant of a unit or facility subject to inspection
under this article fails to provide access for the rescheduled inspection,
or otherwise refuses access to the unit or facility at the time of
the rescheduled inspection, the property shall be deemed to have failed
the inspection.
[Added 3-8-2023 by Ord.
No. 2023-02]
A.
No person shall hereafter occupy any rental unit, nor shall the owner
permit occupancy of any rental unit within the Borough of Lindenwold
which is not inspected in accordance with this article.
B.
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.
An landlord/owner who places a tenant in a rental unit which has
not been inspected and who does so in good faith and without knowledge
of the requirement that such rental unit must be inspected 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 inspected in accordance with this article or, failing to
do so, shall vacate said premises or otherwise be subject to the penalty
provisions herein.
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.
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.
A.
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 Codes of the Borough of Lindenwold.
B.
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 codes and regulations of the Borough of Lindenwold,
and with all applicable state and federal laws.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the certificate
of inspection issued hereunder upon the happening of one or more of
the following:
(1)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(2)
Determination of a violation of this article at a hearing held pursuant
to this section.
(3)
Continuously renting the unit or units to a tenant or tenants who
are convicted of a violation of any Borough Codes.
(4)
A pattern of permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this article.
(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.
(6)
A false, misleading or fraudulent statement made in connection with
the inspection, licensing or inspection of a rental unit or rental
units.
(7)
Maintaining a rental unit or rental units, or the property in which
the rental unit is located in such a way as to create a nuisance,
as defined by N.J.S.A. 2C:33-12.
(8)
A pattern of failing to maintain a rental unit or rental units, as evidenced by three or more unsatisfactory inspections pursuant to § 250-7 above. It need not be shown that the unsatisfactory inspections were during any single license term. For this section, a satisfactory inspection shall be defined as where 65% or more of all units of an apartment complex are determined to pass based upon life safety issues. In the event less than 65% of all units of the complex are satisfactory, the inspection shall be deemed unsatisfactory. The pattern of unsatisfactory inspections shall be defined in this section as where an owner's inspection is determined to be unsatisfactory on any three inspections within any given five-year consecutive period.
(9)
Failing to pay any fee or fine required under this chapter or any
other municipal code when due, or failing to pay municipal taxes,
water and sewer charges or any other municipal assessments, on a current
basis.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a certificate
of inspection 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 persons
or office 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 owner of
the charges, so as to permit the owner 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)
Upon the filing of such written complaint, the Borough Clerk or designee
shall immediately inform the Borough, 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 or designee shall forward a copy of
the complaint and a notice, as to the date of the hearing, to the
owner and the agent, if any. Service upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Borough
governing body, unless, in its discretion, the Borough determines
that the matter should be heard by a Hearing Officer, who shall be
appointed by the Borough. If the matter is referred to a Hearing Officer,
such officer shall transmit his findings of fact and conclusions of
law to the Borough within 30 days of the conclusion of the hearing.
The Borough 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, then the Borough
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 certificate of inspection, or
determining that the certificate of inspection shall not be renewed
or reissued for one or more subsequent license years.
(4)
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)
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 involving a certificate of
inspection license 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.
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.
