[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 8-18-97 as Ord. No. 2035. Amendments noted where applicable.]
The Borough of Somerville recognizes a need for an organized
inspection program of residential rental premises within the borough
in order to upgrade rental units to meet borough and State life safety,
health, fire and zoning codes, and to provide a more efficient system
compelling both absentee and local landlords to correct violations
and to maintain rental property in proper condition. The borough hereby
determines that the most efficient system to provide for regular inspections
is the creation of a program requiring the registration of all residential
rental premises so that orderly inspection schedules may be arranged
and implemented.
As used in this chapter:
Shall mean a single unit providing complete independent living
facilities for one (1) or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
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SINGLE-FAMILY DWELLING - Shall mean a building containing
one (1) dwelling unit
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TWO-FAMILY DWELLING (DUPLEX) - Shall mean a building
containing two (2) dwelling units
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MULTIFAMILY DWELLING - Shall mean a building containing
more than two (2) dwelling units.
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Shall mean any corporation, firm, partnership, association,
organization or other entity, as well as an individual.
Shall mean a rental dwelling unit, the public and/or common
areas of the dwelling of which the unit forms a part, and the real
property upon which such dwelling is located.
Shall mean any non-owner occupied unit for the usage of which
the occupant provides consideration to the owner.
Shall mean a component part of a building.
No person shall rent or allow to be rented to another person
for occupancy, any dwelling unit without first having made and filed
a registration statement with the Clerk of the Borough of Somerville.
Registration shall be effected upon forms furnished by the Clerk for
such purpose and shall include the following minimum information:
A.
Name, address and phone number of the dwelling unit owner.
B.
Name, address and phone number of the local property manager if different
from the dwelling unit owner.
C.
Street address of the dwelling.
D.
The number of rental dwelling units within the dwelling.
E.
The maximum number of occupants permitted for each rental dwelling
unit.
F.
Name, address and phone number of the person authorized to make or
order the making of repairs or performance of services for the dwelling
unit if in violation of code, law, rule, regulation or ordinance,
if different from the owner or local manager or in the event of an
emergency and an inability to contact the person primarily authorized.
Every dwelling must be registered on or before December 1, 1997,
and annually thereafter on or before December 1 of each year. Only
one (1) registration statement shall be required for each dwelling
in which all units are under common ownership.
Every new owner of a rental dwelling unit, whether as fee owner
or contract purchaser, shall furnish the Clerk, prior to taking possession,
with any changes in the registration information occasioned by the
change in ownership. Provided the prior owner has complied with all
the requirements of this chapter and there are no outstanding violation
notices, no new registration fee shall be required until the next
annual registration is required.
[Amended 6-4-01 by Ord. No. 2163]
The annual registration fee shall be as follows:
All premises except those specifically herein exempted, shall
be systematically inspected by the Code Enforcement Officer and his
designees to determine compliance with all provisions of applicable
codes, laws, rules, regulations, and ordinances.
The following rental dwellings and premises shall not be subject
to inspection pursuant to this chapter:
All premises subject to inspection pursuant to this chapter
shall be inspected at least once every five (5) years. For a period
of five (5) years immediately following completion and issuance of
a certificate of occupancy for newly constructed buildings, no further
inspections shall be systematically scheduled. The owner of any dwelling
unit subject to this chapter shall notify the Code Enforcement Officer,
in writing, of any change of tenant within thirty (30) days of such
change; and the Code Enforcement Officer shall inspect such premises
within ninety (90) days thereafter. Provided, however, the provisions
of this section shall not be construed to preclude more frequent inspections
should same be determined appropriate in the reasonable judgment of
the Code Enforcement Officer.
No person shall rent or allow to be rented to another person
for occupancy, any dwelling unit subject to inspection pursuant to
this chapter without first having obtained a valid, current certificate
of inspection.
If upon completion of an inspection, the premises are in compliance
with all applicable codes, laws, rules, regulations and ordinances,
the borough shall issue a certificate of inspection for the dwelling.
If upon completion of an inspection the premises are not in
such compliance, a written notification of violation of the specific
substantive code, law, rule, regulation or ordinance shall be served
upon the owner or designated local property manager. The failure of
the owner to correct any such violation in accordance with the provisions
of the applicable substantive code, law, rule, regulation or ordinance
shall also be considered a violation of this chapter.
Any owner or designated local property manager, may request
an inspection of a dwelling.
A certificate of inspection shall be transferable to a new owner provided that the new owner has complied with the registration requirements of Section 132-5, the prior owner has complied with all requirements of this chapter, and there are no outstanding violation notices.
Upon request of an existing or prospective tenant, the owner
or the owner's agent shall exhibit the certificate of inspection.
Upon conviction for violation of any provision of this chapter
the maximum penalty shall be one or more of the following: a fine
not to exceed one thousand dollars ($1,000), imprisonment in the County
Jail for a period not to exceed ninety (90) days, and/or a period
of community service not to exceed ninety (90) days. Each and every
day upon which a violation of any provision of this chapter exists
shall constitute a separate violation.
[Added 5-17-04 by Ord. No. 2163]
A.
The annual registration fee shall be and remain a lien upon the dwelling,
until fully paid and satisfied.
B.
If prompt payment shall not be made when due and shall remain in
arrears, the Tax Collector shall file a statement showing the amount
of the arrears, which shall be a lien on the real estate to the same
extent as taxes are a lien upon real estate in the borough and shall
be collected and enforced by the Tax Collector in the same manner
as liens.
C.
Interest and penalties for arrears shall be assessed at the rate
of eight (8%) percent.
