[HISTORY: Adopted by the Merchantville Borough Council 11-5-2012 by Ord. No. 12-12. Amendments noted where applicable.]
[Amended 9-12-2016 by Ord. No. 2016-11]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, 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 of 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.
The Rental Certificate of Inspection issued by the Borough
attesting that the rental unit has been properly inspected in accordance
with this chapter.
The person to whom the Certificate is issued pursuant to
this chapter. The term "Certificate Holder" includes within its definition
the term "agent," where applicable.
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 servants,
agents or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvement connected with use
or Inspection thereof.
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.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Every building, group of buildings or a portion thereof consisting
of one (1) or more dwelling units, 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.
A dwelling unit, which is available for lease or rental purposes.
Rental unit shall not include that portion of a rental facility occupied
by the owner.
All rental units within a rental facility hereinabove defined
shall be inspected by the Borough of Merchantville for thirty-six
(36) consecutive months, or with each change in occupancy, whichever
shall occur first.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, every owner shall apply to the Borough Clerk
of the Borough of Merchantville, or such other person as designated
by the Mayor and Borough Council, for an inspection of each rental
unit contained within a building or structure. The application for
inspection shall include the following information:
A.Â
The name and domicile 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 name and domicile
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. The designation
of a "P.O. Box" or similar alternative address does not satisfy the
requirements of this section.
B.Â
If the domicile address of any record owner is not located in Merchantville
or in Camden County the name and domicile address of a person who
resides in Camden County and who is authorized to accept notices from
a tenant and to issue receipts therefor and to accept service of process
on behalf of the record owner.
C.Â
The name and domicile address of the agent of the premises, if any.
D.Â
The name and domicile 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.Â
The name, domicile 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 rental facility 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 rental facility and any repair
thereto or expenditure in connection therewith.
F.Â
The name of any pet residing in the rental unit, the breed of said
pet, and the license number assigned to this pet pursuant to its licensure
by the State of New Jersey and/or the Borough of Merchantville.
G.Â
The name and address of every holder of a recorded mortgage on the
premises.
H.Â
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.
I.Â
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
application for inspection when filed by the Borough Clerk or designee.
This information shall be made available to the emergency services
providers within the Borough of Merchantville.
J.Â
Such other information as may be prescribed by the Borough of Merchantville.
The Borough Clerk or designee shall index and file the application
for 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 application for inspection will simultaneously
satisfy the requirements of N.J.S.A. 46:8-28 to the extent that it
applies to the property being inspected, and will also satisfy the
inspection requirements of this chapter. The owners shall post the
Rental Certificate of Inspection issued by the Borough in a conspicuous
place within its property.
Every person required to file an application for inspection
pursuant to this chapter shall file an amended application for inspection
within twenty (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.Â
Each rental unit within the rental facility shall be inspected at
least once every thirty-six (36) month period.
B.Â
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of Merchantville, and
inspections made by persons or an agency other than the duly authorized
and appointed person, persons or agency of the Borough of Merchantville
shall not be used as a valid substitute.
C.Â
Such inspection shall be for the purpose of determining zoning ordinance
compliance and, to the extent applicable, to determine if the property
complies with the Property Maintenance Code, Uniform Construction
Code, BOCA Maintenance Code, Housing Code and/or Uniform Fire Safety
Act.
D.Â
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility are deemed unsatisfactory, a Rental Certificate of Inspection shall not issue for such property, 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 a Rental Certificate of Inspection is issued. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and, if 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 and distinct violation, subject to the penalty provisions of Sections 66-17 and 66-18 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 chapter, for good cause shown.
A.Â
The inspection officers 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 purposes of making
such inspections, the inspecting officers 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/or
rental unit shall give the inspecting officer free access to the rental
facility and/or rental unit at all reasonable times, to promote the
purposes of this chapter.
B.Â
Every occupant shall give the owner of the rental facility or rental
unit access to any part of such rental facility or 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.
C.Â
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this chapter, an inspecting officer shall conduct an
inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall
the owner permit inspection of any rental unit within the Borough
of Merchantville, which has not been issued a Rental Certificate of
Inspection in accordance with this chapter.
A.Â
Upon the filing of a completed application for inspection, payment
of the prescribed fee and a satisfactory inspection, the owner shall
be entitled to the issuance of a Rental Certificate of Inspection
commencing of the date of issuance, valid for a period of thirty-six
(36) consecutive months. As hereinbefore stated, should a change of
occupancy occur within the inspection period, the Rental Certificate
of Inspection shall be void and, upon the filing of a completed application
for inspection, payment of the prescribed fee and a satisfactory inspection,
the owner shall be entitled to the issuance of a new Rental Certificate
of Inspection commencing on the date of issuance, valid for a period
of thirty-six (36) consecutive months.
B.Â
An application for inspection shall be required for each rental unit,
and Rental 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.
At the time of the filing of the application for inspection,
and, prior to the issuance of a Rental Certificate of Inspection,
the owner or agent of the owner must pay a fee in accordance with
the following:
A.Â
An application fee of $150.00 per rental unit in rental facilities
per inspection period pursuant to property inspections required under
this chapter.
B.Â
Change of Occupancy. An application fee of $50.00 per rental unit
in rental facilities per inspection period pursuant to property inspections
required upon a change in occupancy.
[Amended 11-14-2016 by Ord. No. 2016-15]
C.Â
Reinspections. Fees for the reinspection of rental units shall be
charged pursuant to property inspections performed under this chapter
as follows:
D.Â
Late Fee. If any fee is not paid within thirty (30) days of its due
date, a late fee surcharge of $20.00 shall be assessed in addition
to any fees outstanding.
E.Â
When owner is a senior citizen. If the owner of the property is a
senior citizen who resides in a unit of the rental facility and rents
out the remaining unit(s), and would otherwise qualify under the State
of New Jersey property tax deduction under N.J.S.A. 54:4-8.41, there
shall be no fee.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the application for inspection required
by this chapter. This 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 per N.J.S.A. 55:13A-3. This
provision may be complied with by posting a copy of the application
for inspection in a conspicuous place within the rental unit(s).
A.Â
The maximum number of occupants, as determined by the Hotel and Multiple Dwelling Inspection Code of the State of New Jersey, N.J.A.C. 5:13A-1 et seq., shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent and/or tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of Sections 66-17 and 66-18 of this chapter.
B.Â
Only those occupants whose names are on file with the Borough of Merchantville, as required in this chapter, may reside in the subject premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent and/or tenant allowing any other party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of Section 66-17 and 66-18 of this chapter.
No Rental Certificate of Inspection shall issue for any property,
containing a rental unit, unless all municipal taxes, water and sewer
charges and any other municipal assessments are paid on a current
basis.
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and the BOCA National Property Maintenance
Code.
A.Â
Occupants. Only those occupants whose names are on file with the
Borough Clerk, as provided in this chapter, may reside in the premises
subject to the Rental Certificate of Inspection. It shall be unlawful
for any other person to reside in said premises, and this provision
may be enforced against the landlord, tenant or other person residing
in said premises.
B.Â
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 owner or of the public in
general, such that it shall constitute a nuisance, as defined in the
ordinance of the Borough of Merchantville.
C.Â
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 Merchantville, and with
all applicable State and Federal laws.
A.Â
Grounds. In addition to any other penalty prescribed herein, a Certificate
Holder may be subject to the revocation or suspension of the Rental
Certificate of Inspection issued hereunder upon the happening of one
or more of the following:
(1)Â
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(2)Â
Determination of a violation of this chapter at a hearing held pursuant
to Subsection B., herein.
(3)Â
Continuously renting the unit or units to a tenant or tenants who
are convicted of a violation of the Noise Ordinance of the Borough.
(4)Â
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this chapter.
(5)Â
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 the person or property.
B.Â
Procedure; written complaint; notice; hearing.
(1)Â
A complaint seeking the revocation or suspension of a Rental Certificate
of Inspection may be filed by any one or more of the following: Director
of the Office of Code Enforcement, Chief of Police, Construction Code
Official, Code Enforcement Officer, Fire Inspector or any other persons
or officers 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 Certificate
Holder of the charges, so as to permit the Certificate Holder to present
a defense. The individual(s) may file a complaint on the basis of
information and belief, and need not rely on personal information.
(2)Â
Upon the filing of such written complaint, the Borough Clerk or designee
shall immediately inform the Mayor and Borough Council, and a date
for a hearing shall be scheduled, which shall not be sooner than 15
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 Certificate Holder and/or the agent, if any, at the
address indicated on the application for inspection. Service upon
the agent shall be sufficient.
(3)Â
The hearing required by this section shall be held before the Mayor
and Borough Council, unless, in its discretion, the Mayor and Borough
Council determine that the matter should be heard by a Hearing Officer,
who shall be appointed by the Mayor and 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 Mayor and Borough Council
within 30 days of the conclusion of the hearing. The Mayor and 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 Mayor and Borough Council, then
the Mayor and 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 Rental Certificate of Inspection, or determining that the Rental
Certificate of Inspection shall not be renewed or reissued for one
or more subsequent years.
(4)Â
A stenographic transcript shall 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)Â
The Borough Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.Â
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action brought pursuant to this chapter
by demonstrating that the Certificate Holder 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, eviction of the
tenant(s) or otherwise.
Unless another penalty is expressly provided by New Jersey statute,
every person, firm, association or corporation violating any provision
of this chapter shall, upon conviction thereof, be subject to the
fines and/or penalties as are set forth in the chapter 1-9 of the
Code of the Borough of Merchantville. Each day that a violation occurs
shall be deemed a separate and distinct violation, subject to the
penalty provisions of this chapter.
A.Â
The owners of any dwelling units or commercial units, other than
those exempted below, shall be subject to the provisions of this article.
B.Â
The following are exempt from the provisions of Section 66-20A of this Article:
(1)Â
Units in owner-occupied buildings where there are four (4) units
or less and one (1) of these units is owner-occupied.
(2)Â
Units in newly constructed buildings which are being rented for the
first time. After the first rental, such units will be subject to
the provisions of this Article.
(3)Â
Units in a building whose owner has transmitted his first sixty-day
notice of his intentions to convert the building into a condominium
or cooperative and his full plan of conversion to the Borough Clerk
pursuant to N.J.S.A. 2A:18-61.8.
C.Â
The following are exempt from the provisions of Section 66-20B of this Article:
(1)Â
Any unoccupied property that is under agreement of sale. This exemption
shall be limited to the first three (3) months after a property becomes
unoccupied. Thereafter all provisions of this Article are applicable,
and all time requirements are considered to be extended by said three-month
period.
(2)Â
Any unoccupied property that is listed for sale by a realtor or by
the owner. This exemption shall be limited to the first three (3)
months after a property becomes unoccupied. Thereafter all provisions
of this Article are applicable, and all time requirements are considered
to be extended by said three-month period.
A.Â
All such units that have been rental units shall be rented and occupied by a new tenant within two (2) months after the end of the preceding tenancy, which shall be defined as the last day of residence by the preceding tenant or tenants, except where this requirement has been waived by the Planning Board under the provisions of Section 66-23 below, in which event the unit shall be rented and occupied within the time period specified in the waiver.
B.Â
All such units that have not been rented, but become vacant for any reason, shall be occupied within two (2) months after the property becomes vacant, except where this requirement has been waived by the Planning Board under the provisions of Section 66-23 below, in which event the unit shall be occupied within the time period specified in the waiver.
A.Â
The owner of any rental unit which is still vacant thirty (30) days
after the end of the preceding tenancy shall notify the Zoning Officer
within five (5) days, in writing, of said continuing vacancy.
(1)Â
"Vacancy," as it applies to a dwelling unit, is defined as:
(a)Â
Being unoccupied by any person or persons for more than twenty
(20) days out of a month; or
(b)Â
Receiving no electricity, gas or fuel heat; or
(c)Â
Appearing to manifest no evidence of occupancy by a person or
persons, such as by lack of furniture, lack of food or clothing, lack
of mail delivery or by being boarded up.
(2)Â
"Vacancy," as it applies to a commercial unit, is defined as:
B.Â
Said notification shall include the following:
(1)Â
The address of the unit and its location within the building;
(2)Â
The rent charged the preceding tenant and rent to be charged the
proximate incoming tenant;
(3)Â
The name, address and telephone number of the owner;
(4)Â
The name, address and telephone number of the owner's agent
and/or resident manager, if any.
C.Â
No notification shall be required with respect to any unit rented
and occupied within thirty (30) days or less from the end of the preceding
tenancy.
D.Â
The owner or other representative of any unit that has not been previously
rented and which is vacant for more than thirty (30) days shall notify
the Zoning Officer within five (5) days, in writing, of such vacancy.
Such notification shall include the name, address and telephone number
of the owner and any other relevant information, such as identification
of an attorney, estate or relatives with knowledge of the status of
ownership.
A.Â
Within thirty (30) days after submission of the report required under Section 66-21 above, the landlord (in those cases involving rental units) shall notify the Zoning Officer that the unit has been rented and occupied, with the name or names of the new tenant or tenants and the terms of the tenancy. Failure to have the unit rented and occupied within sixty (60) days after the end of the preceding tenancy, except where a waiver has been granted by the Planning Board, shall be considered a violation of this article and shall be subject to the penalties set forth in Section 1-9 of the Code.
B.Â
Within thirty (30) days after submission of the report required under Section 66-21 above, the owner (in those cases involving rental units) shall notify the Zoning Officer that the unit has been occupied, with the name or names of the new occupant or occupants. Failure to have the unit occupied within sixty (60) days from the time that the unit became vacant, except where a waiver has been granted by the Planning Board, shall be considered a violation of this article and shall be subject to the penalties set forth in Section 1-9 of the Code.
A.Â
A landlord may seek a waiver of the requirement to rent the unit
within sixty (60) days of the end of the preceding tenancy where the
condition of the unit or other special circumstances make rental within
such time period impossible. In order to obtain a waiver, the landlord
must submit a request, in writing, to the Planning Board within thirty
(30) days or less from the end of the preceding tenancy, setting forth
with specificity:
B.Â
Full documentation, such as code violation reports, engineering or
inspection reports, etc., shall be provided by the landlord.
C.Â
Any waiver granted by the Board under this section shall specify
a date by which the unit shall be rented and occupied. The Board may
extend that date, upon written request of the landlord, but may not
provide more than two (2) such extensions of not more than sixty (60)
days each.
D.Â
In no circumstance shall any waiver, including extensions, exceed
six (6) months from the time of the granting of such waiver.
E.Â
The following circumstances shall constitute grounds for the granting
of a waiver by the Planning Board:
(1)Â
An owner wishes to maintain a vacant unit in order to reserve said
unit for a family member. The owner shall provide in the waiver request
full documentation, such as the name of the future tenant and the
date of occupancy.
(2)Â
An owner wishes to maintain a vacant unit in order to improve the
conditions of said unit. The owner shall provide full documentation
in the waiver request, such as up-to-date building and housing inspection
reports, improvement plans, all related permits and the date by which
the unit shall be rented and occupied.
(3)Â
An owner maintains a vacant unit in order to correct code violations
in said unit. The owner shall provide in the waiver request full documentation,
such as code violation reports, correction plans, permits and the
date by which the unit shall be rented and occupied.
F.Â
In the case of properties that have not been previously rented, an
owner may seek a waiver of the requirement to have the unit occupied
within sixty (60) days from the time that it became vacant where the
condition of the unit or other special circumstances make occupancy
within such time period impossible. In order to obtain a waiver, the
owner must submit a request, in writing, to the Planning Board within
thirty (30) days or less from the time that the unit became vacant,
setting forth with specificity:
Any individual affected by the action or inaction of an owner
of a dwelling unit or commercial unit subject to the provisions of
this article, and any civic organization and any appropriate municipal
agency, may file a complaint of violation of this Article with the
Merchantville Municipal Court.
Any landlord of any unit which has been vacant thirty (30) days or more from the end of the preceding tenancy, as of the effective date of this Article (adopted November 5, 2013), shall be required to file the notification required under Section 66-21 of this article within fifteen (15) days of the effective date of this article.
