Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, shall have
the following meanings:
AGENT
The individual or individuals designated by the owner or
landlord as the person(s) authorized by the owner or landlord to perform
any duty imposed upon the owner or landlord by this chapter. The term
does not necessarily mean a licensed real estate broker or salesman
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 if such person
designated by the owner or landlord as his agent is so licensed.
APARTMENT COMPLEX
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner or landlord.
APARTMENT or DWELLING
Any apartment, cottage, bungalow, single-family dwelling,
any room 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.
CHANGE IN TENANCY
A change in the tenant(s) renting or leasing a rental property
or a portion thereof.
HABITABLE SPACE
The space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet compartments, closets, halls, storage or
utility space in similar areas are not considered habitable space.
LANDLORD
The legal entity listed upon the title as it appears in the
public records after the deed is properly recorded. In the case of
rental property which lies within the jurisdictional limits of the
City of Bordentown, and is owned by a legal entity rather than an
individual, the entity shall designate and identify the managing member
of the legal entity to serve as landlord and to accept service of
notices.
LANDLORD AND RENTAL PROPERTY REGISTRATION CERTIFICATE
"Registration certificate." A landlord and rental property
registration form obtained from the City of Bordentown, which has
been submitted by an owner or landlord of rental property to the City
of Bordentown, and which has been deemed complete by the City's
Code Enforcement Officer or authorized designee. Such certificates
shall expire and require renewal upon the certificate's annual
expiration date of December 31. All registration certificates shall
expire annually on December 31. It is the responsibility of the landlord
or owner of the rental property to renew the registration certificate
annually with the City's Code Enforcement Officer or authorized
designee. It is the responsibility of the landlord or owner of the
rental property to file a registration certificate amendment request
to the City of Bordentown's Code Enforcement Official upon each
change in tenancy or ownership of the rental property. No rental property
owner or landlord shall rent, lease, let, sublet or permit the same
to be occupied or rerented by another without first securing from
the City Code Enforcement Officer, or an authorized designee, a certificate
of occupancy and a rental property registration certificate for said
dwelling unit.
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 property which lies within
the jurisdictional limits of the City of Bordentown.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENTAL PROPERTY
A property commonly known by a single street address, in
which one or more dwelling unit(s) is/are available for lease or rental
purposes, or a portion of any real property 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 individuals/tenants, and is meant to include apartments
and apartment complexes.
TENANT
Any person, including minors, except children below the age
of two years old, who reside in a rental property on a continuous
basis for more than 180 days.
In an effort to ensure decent, safe and sanitary housing within
the City of Bordentown, the following restrictions shall be enforced.
A. Nuisance prohibited. No rental property shall be conducted or kept in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and/or property owners or of the public in general, such that it shall constitute a nuisance as defined in Chapters
202, Nuisances, and
210, Peace and Good Order, of the City Code.
B. Compliance with other laws. The maintenance of all rental properties
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 City and with all applicable state
and federal laws.
No person shall hereafter occupy any rental property, nor shall
the owner permit occupancy of any rental property within the City
which is not registered and for which a certificate of occupancy has
not been issued in accordance with this chapter.
Any tenant renting a premises in the City of Bordentown who
occupies the premises prior to obtaining an approved rental property
registration certificate shall be subject to immediate removal from
the premises. Any costs associated with the removal and subsequent
relocation of tenants that are incurred by the City of Bordentown
shall be the responsibility of the owner, landlord, and/or tenant.
Every owner or landlord shall provide each occupant or tenant
occupying a rental unit with a copy of the property registration certificate
required by this chapter, and any applicable amendments thereto. This
provision may be complied with by posting a copy of the rental property
registration certificate in a conspicuous place within the rental
unit(s).
The Mayor, Code Enforcement Officer, an authorized designee,
and/or the Police Department of the City of Bordentown, is empowered
to enforce the provisions of this chapter.
No rental property or dwelling unit may be registered for any
property containing a rental unit unless all municipal taxes, water,
sewer charges, and any other municipal assessments associated with
the rental property are paid on a current basis.