[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:
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 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.
APARTMENT or DWELLING
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.
CERTIFICATE
The Rental Certificate of Inspection issued by the Borough
attesting that the rental unit has been properly inspected in accordance
with this chapter.
CERTIFICATE HOLDER
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.
DWELLING UNIT
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.
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.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENTAL FACILITY
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.
RENTAL UNIT
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. 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. 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. The name and domicile address of the agent of the premises, if any.
D. 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. 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. 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. The name and address of every holder of a recorded mortgage on the
premises.
H. 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. 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. 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.
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.
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. An application fee of $150.00 per rental unit in rental facilities
per inspection period pursuant to property inspections required under
this chapter.
B. 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. Reinspections. Fees for the reinspection of rental units shall be
charged pursuant to property inspections performed under this chapter
as follows:
(1) For the first reinspection, there shall be no fee.
(2) For the second reinspection, there shall be a fee of $20.00.
(3) For the third and each subsequent reinspection, there shall be a
fee of $30.00.
D. 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. 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).
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.
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.
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.