It is hereby found and declared that there exists in the City of Gloucester buildings or parts thereof which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy or use and are inimical to the welfare and dangerous and injurious to the health and safety of the people of the municipality and that a public necessity exists for the repair, closing or demolition of such buildings or parts thereof.
The purpose of this ordinance is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance, conditions and occupancy of residential and nonresidential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violations of this ordinance; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
[Amended 4-2-1992 by Ord. No. 13-1992; 4-6-1995 by Ord. No. 11-1995; 7-6-1995 by Ord. No. 21-1995]
The Mayor and Council shall appoint by resolution public officers to serve in the following positions: Housing Inspector, Housing Field Representative, parking enforcement officer and Code Enforcement Officer. The Housing Inspector, Housing Field Representative, parking enforcement officer, Code Enforcement Officer and/or any other designee by the Housing Inspector are hereby designated as the officers to exercise the powers prescribed by this ordinance.
For the purpose of this Part 1, the Housing Inspector may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the City of Gloucester. Such conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects or uncleanliness.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the New Jersey State Housing Code is annexed to this Part 1[1], and three copies of the same have been placed on file in the office of the Gloucester City Clerk and are available to all persons desiring to use and examine the same.
[1]
Editor's Note: See Part 2, Enumeration of Standards, Article II, New Jersey State Housing Code, of this chapter.
Whenever a petition is filed with the Housing Inspector by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five residents of the municipality charging that any dwelling is unfit for human habitation as herein defined, or whenever it appears to the Housing Inspector on his own motion that any dwelling is unfit for human habitation, as herein defined, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and the parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Housing Inspector or his designated agent, at a place therein fixed, not less than seven days nor more than 30 days after the serving of said complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaints; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Housing Inspector.
A. 
If, after such notice and hearing, the Housing Inspector determines that the dwelling under consideration is unfit for human habitation, as herein defined, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
(1) 
The repair, alteration or improvements of said building, to be made by the owner within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or to have said building vacated and closed within the time set forth in the order.
(2) 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish said building within a reasonable time as specified in the order of removal.
(3) 
That, if the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Housing Inspector may cause such building to be repaired, altered or improved or to be vacated and closed; that the Housing Inspector may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
(4) 
That, if the owner fails to comply with an order to remove or demolish the building, the Housing Inspector may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
(5) 
That the amount of the costs of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this Part 1 determined in favor of the municipality and the costs of such repairs, alterations or improvements or vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof shall be a municipal lien against the real property upon which such cost was incurred.
B. 
If the building is removed or demolished by the Housing Inspector, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal of demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Housing Inspector, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing in this subsection shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause the removal or abatement by summary proceedings or otherwise. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest a reasonableness of the amount or accuracy of the costs set forth in the municipal lien certificate.
C. 
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
D. 
Nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this ordinance intended to limit the authority of the enforcing agency or construction official under the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules or regulations adopted thereunder.
Complaints or orders issued by the Housing Inspector pursuant to §§ 55-6 and 55-7 shall be served upon persons either personally or by certified or registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Housing Inspector in the exercise of reasonable diligence and said Housing Inspector shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once in a newspaper printed and published in the City of Gloucester. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the dwelling is located.
Whenever the Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of the Housing Code, but said violations do not rise to the level of an unfit dwelling, he shall give notice of such alleged violations to the person or persons responsible therefor as hereinafter provided. Such notice shall be put in writing, include a statement of the reasons why it is being issued and allow a reasonable time for the performance of any act it requires, not to exceed 30 days, to correct or abate the violation. The notice shall also advise the recipient that if the violation is not corrected or abated, the municipality will pursue remedies in Municipal Court, and that any fines assessed shall become a lien on the subject property if unpaid within 30 days of the fine assessment.
The notice shall be served upon the owner or his agent, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is served upon him personally; or, if after diligent inquiry and effort, an individual cannot be served personally, then consistent with due process of law, service may be made by mailing, by registered or certified mail, return receipt requested. If the addressee refuses to claim or accept delivery of the registered or certified mail, service may be made by ordinary mail. The party making service may, at his option, make service simultaneously by registered or certified mail and ordinary mail, and if the addressee refuses to claim and accept delivery of the registered or certified mail and if the ordinary mail is not returned, the simultaneous mailing shall constitute effective service. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this ordinance and with rules and regulations adopted pursuant thereto.
The Housing Inspector is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this ordinance; provided, however, that such rules and regulations shall not be in conflict with the provisions of this ordinance nor in any way alter, amend or supersede any of the provisions thereof. The Housing Inspector shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Clerk of the City of Gloucester.
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the New Jersey State Housing Code, established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Added 4-26-2007 by Ord. No. O05-2007; amended 6-17-2010 by Ord. No. O12-2010]
The fee for an application for a Zoning Certificate shall be $50.
[Amended 4-6-1995 by Ord. No. 7-1995; 2-6-1996 by Ord. No. 33-1996; 4-2-1998 by Ord. No. 6-1998; 5-6-1999 by Ord. No. 4-1999; 9-5-2002 by Ord. No. 18-2002]
A. 
In order to protect the public health, safety and general welfare, the owner of any premises or that owner's agent shall obtain a certificate of occupancy from the Housing Inspector or Code Enforcement Official upon the occurrence of any one of the following events:
(1) 
Prior to any owner, lessee, or tenant, whether individual or business entity, occupying any dwelling, dwelling unit, building or structure, whether commercial or residential (a tenant, for purposes of this section, is one who has temporary possession of the lands or improvements of another); or
(2) 
Prior to the transfer of title, whether by purchase or other transfer, of any improved property from one individual or business entity to another individual or business entity.[1]
[1]
Editor's Note: Former Subsection A(3), regarding payment of outstanding fees, added 6-5-2017 by Ord. No. O19-2017, was repealed 11-26-2019 by Ord. No. O23-2019.
B. 
A certificate of occupancy is valid unless and until either of the occurrences set forth in Subsection A have occurred. A certificate of occupancy is not transferable to another person, whether individual or commercial entity.
C. 
A certificate of occupancy shall be issued by the Housing Inspector or Code Enforcement Officer upon compliance by the owner with the applicable provisions of the Code of Gloucester City and any rules and regulations adopted pursuant thereto.
(1) 
In addition, a certificate of occupancy shall be issued by the Housing Inspector or Code Enforcement Official upon the certification by the Fire Official, or other duly authorized personnel, of the satisfactory installation of hard wired interconnected battery backup smoke detectors in proper working order on or near the ceiling of each level of a residential or commercial structure and upon the satisfactory installation of battery operated smoke detectors in proper working order in each bedroom or sleeping area of every residential structure.
[Added 4-3-2003 by Ord. No. 5a-2003; amended 7-19-2012 by Ord. No. O13-2012]
D. 
The certificate of occupancy shall include, and be supplied by the owner or owner's agent:
(1) 
The address of the premises;
(2) 
The name, address and phone number of the owner; and
(3) 
The name and age of the person(s) occupying the premises.
(4) 
Warrant Waiver indicating buyer/owner/tenants/proposed occupants have no outstanding warrants issued by any and all New Jersey Municipal Courts. Warrant Waiver shall be obtained from the Gloucester City Municipal Court located at 313 Monmouth Street, Gloucester City, New Jersey 08030.
[Added 11-25-2014 by Ord. No. O24-2014]
E. 
In the case of residential premises, the owner or owner's agent shall pay the following fees to the Housing Inspector or Code Enforcement Officer for any inspection that may be required until the premises qualifies for the issuance of a certificate of occupancy by complying with the applicable provisions of the Code of Gloucester City:
(1) 
$100 for the initial inspection and first reinspection, if needed;
[Amended 4-26-2007 by Ord. No. O05-2007; 5-27-2010 by Ord. No. O10-2010]
(2) 
$15 for the second reinspection; and
(3) 
$50 for each subsequent reinspection.
[Amended 6-17-2010 by Ord. No. O12-2010]
F. 
In the case of commercial premises, the owner or owner's agent shall pay the following fees to the Housing Inspector or Code Enforcement Officer for any inspection that may be required until the premises qualifies for the issuance of a certificate of occupancy by complying with the applicable provisions of the Code of Gloucester City:
(1) 
Commercial certificate of occupancy.
[Amended 4-26-2007 by Ord. No. O05-2007]
Type
Fee
Assembly Use Groups:
0 to 4,000 square feet
$125
4,001 to 8,000 square feet
$150
8,001 to 12,000 square feet
$200
For each additional 10,000 square feet or part thereof
$100
Outdoor use
$50
Business Use Groups:
0 to 4,000 square feet
$100
4,001 to 8,000 square feet
$125
8,001 to 12,000 square feet
$150
12,001 to 20,000 square feet
$200
For each additional 10,000 square feet or part thereof
$100
Mercantile Use Groups:
0 to 4,000 square feet
$100
4,001 to 8,000 square feet
$125
8,001 to 12,000 square feet
$150
12,001 to 20,000 square feet
$200
For each additional 10,000 square feet or part thereof
$100
Low Hazard Factory and Industrial Occupancies:
[Amended 10-25-2007 by Ord. No. O23-2007]
0 to 4,000 square feet
$100
4,001 to 8,000 square feet
$125
8,001 to 12,000 square feet
$150
For each additional 10,000 square feet or part thereof
$100
Moderate Hazard Factory and Industrial Occupancies:
[Amended 10-25-2007 by Ord. No. O23-2007]
0 to 4,000 square feet
$125
4,001 to 8,000 square feet
$150
8,001 to 12,000 square feet
$200
For each additional 10,000 square feet or part thereof
$125
High Hazard Use Groups:
[Amended 10-25-2007 by Ord. No. O23-2007]
0 to 4,000 square feet
$150
4,001 to 8,000 square feet
$175
8,001 to 12,000 square feet
$250
For each additional 10,000 square feet or part thereof
$150
Storage Use Groups:
[Amended 10-25-2007 by Ord. No. O23-2007]
0 to 4,000 square feet
$100
4,001 to 8,000 square feet
$125
8,001 to 12,000 square feet
$150
For each additional 10,000 square feet or part thereof
$100
Utility and Miscellaneous Use Groups:
0 to 4,000 square feet
$100
4,001 to 8,000 square feet
$125
8,001 to 12,000 square feet
$150
For each additional 10,000 square feet or part thereof
$100
Place of Education
$200
(2) 
Each floor shall be calculated as separate areas of total building calculation.
[Amended 4-26-2007 by Ord. No. O05-2007]
(3) 
Any additional inspection after reinspection shall be subject to a 75% charge of the initial fee based on the fee schedule.
[Amended 4-26-2007 by Ord. No. O05-2007]
G. 
Violations of the initial inspection report shall be abated and reinspected within 90 days of the issuance of the initial inspection report. If the violations are not abated within 90 days, for whatever reason, the initial application becomes void and a new application with the required initial fee must be submitted for the premises requiring this certificate of occupancy.
H. 
The time period can be extended from 90 days to 120 days to abate the violations outlined in the initial inspection report if the request for an extension is received prior to the expiration of the ninety-day period.
The Housing Inspector or Code Enforcement Officer shall not grant any further extension.
I. 
The Housing Inspector may make a preliminary survey in any area of the City to determine the general condition of the structures of that area, the extent of dilapidation of structures and the unsafe and unsanitary conditions which may exist.
J. 
Report of the Housing Inspector. The Housing Inspector shall, at the end of each calendar year, submit a written report to the Mayor and Council of the housing activities of his office and the procedures used in the administration and enforcement of this ordinance, the number of housing violations found and corrected and any other material which will indicate the progress made in housing sanitation, safety and rehabilitation. The report shall also contain a summary of the recommendations made by the Housing Inspector and the action taken by him pursuant to these recommendations.
[Added 3-21-2005 by Ord. No. O11-2005; amended 5-27-2010 by Ord. No. O10-2010; 6-5-2017 by Ord. No. O19-2017; 11-23-2021 by Ord. No. O14-2021]
A Certificate for Transfer of Property Title is required to transfer a vacant structure and/or property to a new owner without obtaining a Certificate of Occupancy. The Certificate for Transfer of Property shall only be issued in the case of a vacant structure, dwelling or property sale, and only permits the change of ownership prior to performing necessary improvements to obtain a Certificate of Occupancy. A minimum of one battery smoke detector on each level of the structure is required and will be inspected prior to the issuance of the Certificate for Transfer of Property Title. The said fee for a Certificate of Transfer of Property Title is $75.
The Certificate for Transfer of Property Title is valid for 90 days, and a Certificate of Occupancy application must be filed with the Housing and Construction Office prior to the expiration of the Certificate for Transfer of Property Title.
Failure to obtain a Certificate for Transfer of Property Title and/or failure to obtain/apply for a Certificate of Occupancy in 90 days from the issuance of a Certificate for Transfer of Property Title may result in the issuance of a violation and penalty in accordance with Section 55-15.
[Added 5-6-1999 by Ord. No. 4-1999; amended by Ord. Nos. 14-1999; 21-2003; O31-2005; O05-2007; O14-2009; O10-2010; O12-2010; O03-2013; 5-18-2017 by Ord. No. O18-2017; 2-27-2020 by Ord. No. O03-2020]
A. 
Statutory authority.
(1) 
N.J.S.A. 40:48-2 provides in relevant part that a municipality may make, amend, repeal and enforce ordinances not contrary to the laws of this state or the United States, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants.
(2) 
N.J.S.A. 40:48-2.12a provides in relevant part that the governing body of any municipality may make, amend, repeal and enforce ordinances to regulate buildings and structures and their use and occupation to prevent and abate conditions therein harmful to the health and safety of the occupants of said buildings and structures and the general public in the municipality.
(3) 
N.J.S.A. 40:48-2.12a1 provides in relevant part that the no exemption from inspection pursuant to state statute shall prohibit a municipality from adopting an ordinance to provide for the inspection of buildings to assure the health, safety, and public welfare of the municipality and its residents.
(4) 
N.J.S.A. 40:48-2.12b provides in relevant part that the authority conferred by this act shall be in addition to authority heretofore or hereafter conferred on the governing bodies of municipalities in respect to the construction and maintenance of buildings and structures and parts thereof endangering the public health and safety.
(5) 
N.J.S.A. 40:48-2.12c provides in relevant part that any ordinance adopted pursuant to this act may provide for registration of owners and management of every building and structure in the municipality which is occupied by two or more families as tenants of the owner or lessor.
(6) 
N.J.S.A. 40:48-2.12f provides in relevant part that any ordinance adopted pursuant to this act may also provide that the municipality may abate a nuisance, correct a defect, or put the premises in the proper condition so as to comply "with the requirements of any municipal ordinance or state law applicable to thereto, at the cost of the owner or lessor, and expend municipal funds for such purpose and charge the same against the premises, and the amount thereof as determined by the governing body of the municipality shall be a lien against the premises."
(7) 
N.J.S.A. 40:48-2.12m authorizes a municipality to adopt an ordinance requiring a landlord to obtain a certificate of inspection or occupancy prior to rental or lease involving a new occupancy and to pay a fee to fund the cost of the inspections and the issuance of the certificates. Such certificate of inspection or occupancy shall be issued upon the inspection of the unit of dwelling space by a municipal inspector and upon his findings that such unit meets the standards provided by law before re-renting a dwelling space to a new occupant. After the dwelling unit is inspected by a municipal inspector, the municipality would issue a certificate of inspection or occupancy if the apartment meets the standards required by law. The municipality may charge a fee to fund the costs of the inspections and issuance of the certificates.
B. 
Findings and purpose.
(1) 
The governing body of the municipality finds and declares that the New Jersey State Housing Code, International Property Maintenance Code, Chapter 66 of the Gloucester City Code, "Property Maintenance", and Chapter 55, Part 2, of the Gloucester City Code, "Enumeration of Standards" (collectively, the "Code"), set the minimum standards for safety and habitability and the continued occupancy of residential units in order to protect the public health, safety and welfare of the municipality and its residents.
(2) 
The governing body of the municipality finds and declares that a registration and inspection process for the residential units is a rational exercise of the municipal police power to establish that each residential unit substantially complies with the standards set forth in the Code in order to ensure the safety and habitability of each residential unit.
(3) 
These regulations shall not apply to hotels, motels, boarding houses, rooming houses and other residential units which are generally occupied by guests or tenants for less than 30 consecutive days.
(4) 
These regulations shall not apply to a residential unit occupied by the owner.
C. 
Definitions. As used in this section, the following terms shall have the following meaning unless the context clearly indicates that a different meaning is intended. Any words not defined herein shall have the meaning given in Webster's Unabridged Dictionary.
AGENT
The individual(s) 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.
CODE
Shall have the meaning set forth in § 55-14B(1).
DWELLING UNIT
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.
MULTIPLE DWELLING
Two-family units or more, and multiple single-family dwelling units where each unit has an independent means of egress.
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 residential unit.
PERSON
A natural person, association, corporation, firm, partnership, trust or other legal entity, or any combination thereof.
RENT or RENTED
Occupied by any person(s) 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.
RESIDENTIAL RENTAL UNIT
A dwelling unit which is available by lease, rental or otherwise, to persons other than the owner. Rental unit shall not include that portion of a dwelling unit that is owner-occupied.
TENANT
The occupant of a unit other than the owner.
D. 
Registration. All rental units shall hereafter be registered with the City Housing and Building Department or designee of the City of Gloucester City, or such other person as designated by the City Council, on forms which shall be provided for that purpose, and which shall be obtained from the City Housing and Building Department or designee. Such registration shall occur on an annual basis, as provided herein.
E. 
Registration; term; initial registration provisions.
(1) 
The registration term shall commence on January 1 and shall be valid until December 31, at which time it shall expire and a new registration shall be required. Any lease which has been executed prior to the adoption of this chapter shall not be affected, but the rental unit must nevertheless be registered and inspected in accordance with this chapter. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this chapter.
(2) 
Each residential rental unit shall be re-registered with each change in occupancy.
(3) 
A registration application shall be required to be submitted for each rental unit, even if more than one rental unit is contained in the property.
(4) 
Residential rental units registered during the registration term shall have their registration term end on December 31 of the same calendar year.
F. 
Registration forms; filing; contents.
(1) 
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all residential rental units shall be registered, as provided herein. Every owner shall file with the City Housing and Building Department or designee of the City of Gloucester City, or such other person as designated by the City Council, a registration application for each unit contained within a building or structure, which shall include the following information:
(a) 
The name, address, and telephone number of the record owner(s) of the premises and the record owner(s) of the rental business, if not the same persons. In the case of a partnership, the name, address, and telephone number of all general partners shall be provided. In the case of a corporation, the name, address, and telephone number of the corporate office, corporate officers, and registered agent.
(b) 
If the address of any record owner is not located in Gloucester City or in Camden County, in addition to the information required in § 55-14F(1)(a), the name, address, and telephone number 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 address of the managing agent of the premises, if any.
(d) 
The name and address, including the dwelling unit number, apartment or room number, of the superintendent, janitor, custodian or other individual employed by the owner or managing agent to provide regular maintenance service, if any.
(e) 
The name, 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 premises 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 building and any repair thereto or expenditure in connection therewith and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency.
(f) 
Telephone numbers should be provided for both day and evening hours, unless one telephone number provides access to the identified individual during both the day and evening hours.
(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) 
The address of the residential rental unit, the exact number of all separate units at that address, and the designation for each unit.
(j) 
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 registration application when filed by the City Housing and Building Department or designee.
(k) 
The name, phone number and age of each occupant.
(l) 
The number and type of all pets.
(m) 
Such other information as may be prescribed by the City of Gloucester City.
(2) 
Receipt of regulations. The owner or the agent of a residential rental unit shall inform the tenant(s) of the regulations promulgated under this chapter and the Code and shall provide a copy of the same to each tenant over 18 years of age. The tenant shall sign a written acknowledgment attesting to the receipt of the same which shall be filed together with the registration application.
G. 
Registration form; permit; indexing and filing; public inspection.
(1) 
The City Housing and Building Department or designee shall index and file the registration forms. In doing so, the City Housing and Building Department 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 registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being registered, and will also satisfy the registration requirements of this chapter.
(2) 
Upon a determination that the registration application meets the requirements of § 55-14E(4), the City Housing and Building Department or designee shall provide a permit to the person or entity listed. Each certificate of inspection shall correspond to the rental unit listed on the registration application even if more than one rental unit is contained in the property.
(3) 
The owner shall conspicuously post the certificate of inspection at the rental unit.
H. 
Registration form; amendments; filing. Every person required to file a registration form pursuant to this chapter shall file an amended registration form within 20 days after any change in the information required to be included thereon.
I. 
Periodic inspections.
(1) 
Each rental unit shall be inspected at least once every twelve-month period. The landlord of all buildings containing more than 25 residential rental units shall be responsible for conducting annual inspections to confirm compliance with the legal occupancy and building, property maintenance and fire code requirements of the Code to safeguard the health, safety and welfare of all tenants. The landlord shall submit to the City a certification annually confirming that all rental units located in the building comply with the occupancy, building, property maintenance and fire code requirements of the Code on a form prescribed by City officials. Nothing contained herein shall preclude the City of Gloucester City from conducting inspections of any rental unit located within any building containing more than 25 residential rental units in accordance with the provisions of this chapter.
(2) 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the City of Gloucester City and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the City of Gloucester City shall not be used as a valid substitute.
(3) 
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 New Jersey State Housing Code, Property Maintenance Code, Uniform Construction Code, International Property Maintenance Code, Housing Code, Building Code and/or Uniform Fire Safety Act.
(4) 
Each residential rental unit within a multiple dwelling unit shall be inspected, whether or not any individual unit shall be occupied by the owner.
(5) 
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered 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 registered. 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 § 55-14U of this chapter. The owner, however, shall be permitted to apply to the Housing Department for an extension of time to make repairs or corrections so as to comply with this chapter, for good cause shown.
J. 
Access for inspections; repairs.
(1) 
The inspection officers are hereby authorized to make inspections to determine the condition of residential rental units, in order that they may promote the purposes of this chapter to safeguard the health, safety and welfare of the occupants of residential 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 residential rental units at all reasonable times. The owner or occupant of every residential rental unit shall give the inspecting officer free access to the residential rental unit at all reasonable times, for the purpose of such inspections, examinations and surveys.
(2) 
Every occupant shall give the owner of the residential rental unit access to any part of such residential 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.
(3) 
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.
K. 
Prohibitions on occupancy. No person shall hereafter occupy any residential rental unit, nor shall the owner permit occupancy of any residential rental unit, within the City of Gloucester City which is not registered in accordance with this chapter.
L. 
Inspection and re-inspection fees.
(1) 
At the time of the filing of the registration application the owner or agent of the owner must pay an inspection fee as follows:
(a) 
Efficiency unit (no bedrooms): $100 per year.
(b) 
One-bedroom unit: $125 per year.
(c) 
Two-bedroom unit: $150 per year.
(d) 
Three- or more bedroom unit: $175 per year.
(2) 
The owner shall be entitled to up to one re-inspection of the residential rental unit if deemed necessary pursuant to § 55-14I by the City.
(3) 
In the event that a second or subsequent re-inspections of a residential rental unit is deemed to be necessary pursuant to § 55-14I, the owner or agent of the owner must pay a re-inspection fee of dl50 per inspection.
(4) 
If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining unit 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 inspection or re-inspection fee.
(5) 
If any registration or re-inspection fee is not paid within 30 days of its due date, a late fee surcharge of $60 will be assessed.
M. 
Providing registration form to occupants and tenants. Every owner shall provide each occupant or tenant occupying a residential rental unit with a copy of the filed registration form required by this chapter. This particular provision shall not apply to any hotel, motel or guesthouse registered with the State of New Jersey, pursuant to the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the residential rental unit(s).
N. 
Maximum number of occupants; posting.
(1) 
The maximum number of occupants shall be posted in each residential rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants based on the available sleeping rooms and square footage to sleep in or occupy overnight the residential rental unit. Any person violating this provision shall be subject to the penalty provisions of § 55-14U of this chapter.
(2) 
Only those occupants whose names are on file with the City of Gloucester City, as required in this chapter, may reside in the registered premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 55-14U of this chapter.
O. 
Taxes and other municipal charges; payment precondition for registration. No residential rental unit may be registered unless all municipal taxes, water and sewer charges and any other municipal assessments are paid on a current basis.
P. 
Other residential rental unit standards. All dwelling units shall be maintained in accordance with the Code.
Q. 
Occupant(s) standards.
(1) 
Occupants. Only those occupants whose names are on file with the City Housing and Building Department, as provided in this article, may reside in the registered premises. 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.
(2) 
Nuisance prohibited. No residential rental unit shall be conducted 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 ordinances of the City of Gloucester City.
(3) 
Compliance with other laws. The maintenance of all residential rental units 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 of Gloucester City, the Code, and with all applicable state and federal laws. Any lease for the rental of a residential rental unit shall contain language which subject the lease to this chapter and the Code.
(4) 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 55-14U of this chapter.
R. 
Revocation of residential rental unit permit; procedure.
(1) 
Grounds. In addition to any other penalty prescribed herein, an owner may be subject to revocation or suspension of the rental permit issued pursuant to § 55-14G upon the happening of one or more of the following, after hearing before the City Council, as set forth below:
(a) 
Conviction of a violation of this article in the Municipal Court or any other court of competent jurisdiction.
(b) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance.[1]
[1]
Editor's Note: See Ch. 61A, Noise.
(c) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(d) 
Maintaining the rental unit or units or the property in which the rental unit is part in a dangerous condition likely to result in injury to a person or property.
(e) 
Refusal to designate a resident agent for acceptance of service of process or service of a notice of violation of the Code where the owner is not a resident of the county.
(f) 
Allowing the rental unit to be occupied in a manner which constitutes a public nuisance to the surrounding properties and property owners.
(g) 
Refusal to comply with a notice of violation and an emergency order of the public officer to correct a violation of the Code involving public health or safety violations.
(h) 
Refusal to take all reasonable and necessary steps to evict a tenant who has been found guilty of three or more violations of the New Jersey Criminal Statute within a twelve-month period.
(i) 
Where the owner or resident agent fails to comply with an order to correct a violation of the property maintenance code entered by the Municipal Court or any other court of competent jurisdiction.
(j) 
Failure to pay the inspection, re-inspection and/or registration fees, including any late fees.
(k) 
Failure to notify the City that there has been a change in occupancy.
(l) 
Three or more violations or convictions of a violation under the New Jersey State Housing Code.
(m) 
Continuous violations or conviction of a violation under the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq.
(n) 
Conviction under Chapter 66 of the City's Code, entitled "Property Maintenance."
(o) 
Three or more violations or conviction of a violation under the Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.
(p) 
Three or more violations or convictions of a violation under the Code.
(q) 
Three or more violations or convictions of a violation under the New Jersey Building Code.
(r) 
Continuously renting the unit or units to a tenant or tenants who are convicted of local ordinance violations, disorderly persons' offenses or other crimes.
(2) 
Procedures; written complaint; notice; hearing; appeal.
(a) 
Notice. Whenever the Chairman of Fire and Police Departments, Chairman of Housing Committee, Chief of Police, Fire Chief, Construction Code Official, Housing Inspector, Zoning Enforcement Officers or any other person or office authorized to file a notice determines that there has been a violation of this section, he or she shall serve a written notice of the violation of the owner or agent at their last known address, which written notice shall include a statement of the reason or reasons why it is being issued and what action, if any, the owner or agent must make to abate the violation. Said notice shall also state that the violation(s) must be corrected within 10 days, and if not, that the certificate of occupancy for the subject property may be revoked after a hearing before the City Council.
(b) 
Written complaint. If a violation is not corrected within 10 days of the service of the notice thereof, the individual issuing the written notice shall file a written complaint with the City Housing and Building Department or designee and with the owner or agent by certified and regular mail or by personal service at the address indicated on the registration form. If service cannot be effected, the complaint shall be posted in a conspicuous place on the building affected by the complaint and published once in the official newspaper of the City. The complaint shall be specific and shall be sufficient to apprise the landlord, owner and/or agent of the charges, so as to permit said individuals 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. Upon the filing of such written complaint, the City Housing and Building Department or designee shall immediately inform the City Council, and a date for a hearing shall be scheduled, which shall not be sooner than 10, nor more than 30 days thereafter, unless the landlord, owner and/or agent requests a waiver of the thirty-day requirement and the City Council authorized said waiver. The City Housing and Building Department or designee shall forward a copy of the complaint and a notice, as to the date of the hearing, to the landlord, owner or agent, if any, at the address at which the written complaint was served.
(c) 
Hearing. The hearing required by this section shall be held before the City Council, unless, in its discretion, the City Council determines that the matter should be heard by a Hearing Officer, who shall be appointed by the City Council. If the matter is referred to a Hearing Officer, such officer shall transmit his findings of fact and conclusions of law to the City Council within 30 days of the conclusion of the hearing. The City Council shall then review the matter and 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 City Council, then the City 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 permit or determining that the rental permit shall not be renewed or reissued for one or more subsequent calendar years.
(d) 
An audio recording 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.
(e) 
The City Solicitor, his designee or appointed special counsel shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
(f) 
Appeals. If a rental permit is revoked, suspended or the City Council determines that the rental permit shall not be renewed or reissued for one or more subsequent years, the landlord, owner and/or agent may appeal said decision to the New Jersey Superior Court-Law Division in Camden County in accordance with the New Jersey Court Rules.
(3) 
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental permit by demonstrating 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, eviction of the tenant(s) or otherwise.
(4) 
Assessment of fees. If, after the hearing there is a finding in favor of the City, the governing body or the hearing officer shall enter an order against the owner requiring the payment of litigation costs as follows:
(a) 
$250 for the first offense, $500 for a second or subsequent offense;
(b) 
$750 for legal services; and
(c) 
Actual costs (including, but not limited to, expert witness fees, search fees, and publication fees).
S. 
Severability. If any section, subsection, paragraph, sentence or other part of this section is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this section but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this section directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this section shall remain in full force and effect.
T. 
When effective. This section shall take effect immediately upon final adoption and publication in the manner prescribed by law.
U. 
Violations and penalties. It shall be unlawful for any person to rent or occupy a premise in violation of these regulations.
(1) 
Maximum penalty. Any person who violates any provision of this section shall, upon conviction in the Municipal Court of the City of Gloucester City, or such other court having jurisdiction, be liable to a fine not exceeding $2,000, imprisonment, for a term not exceeding 90 days, community service not exceeding 90 days, or any combination thereof, at the discretion of the Municipal Court Judge.
(2) 
Ongoing violation(s). Each day that a violation continues after a notice of violation and order for compliance has been served on the person responsible, and the time for compliance has expired, shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
(3) 
Application. The maximum penalty stated in this § 55-14U(1) is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.
[Added 3-27-2023 by Ord. No. O11-2023]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
LEAD ABATEMENT
Measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies.
LEAD EVALUATION CONTRACTOR
A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171 et seq.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated dust or soil lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
B. 
Inspections.
(1) 
Required initial inspection. The owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
(2) 
A lead evaluation contractor retained by the City shall inspect every single-family, two-family, or multiple dwelling located in the City of Gloucester City for lead-based paint hazards through visual assessment and dust swipe sampling in accordance with N.J.S.A. 52:27D-437.1 et seq.
(3) 
In lieu of having the dwelling inspected by the City's lead evaluator, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.1 et seq.
(4) 
In accordance with N.J.S.A. 52:27D-437.16c, a dwelling unit in a single-family in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint standards if the unit:
(a) 
Has been certified to be free of lead-based paint;
(b) 
Was constructed during or after 1978;
(c) 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, P.L. 1967, c.76 (N.J.S.A. 55:13A-1 et seq.).
(d) 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months in duration each year by tenants that do not have consecutive lease renewals; or
(e) 
Has a valid lead-safe certification.
(5) 
The owner, landlord and/or agent of every single-family, two-family, or multiple rental dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier.
(6) 
If lead-based paint hazards are identified, then the owner, landlord, and/or agent of the dwelling shall remediate the lead-based paint hazard using a lead abatement or lead-based control methods in accordance with N.J.S.A. 52:27D-437.16d. Upon the remediation of the lead-based paint hazard, the City's lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
(7) 
If no lead-based paint hazards are identified, then the City's lead evaluator shall certify the unit as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
(8) 
Pursuant to N.J.S.A. 52:27D-437.16e, property owners shall:
(a) 
Provide evidence of a valid lead-safe certification from the most recent tenant turnover at the time of the cyclical inspection.
(b) 
Provide evidence of a valid lead-safe certification obtained pursuant to this section to the new tenants of the property at the time of tenant turnover unless the dwelling was not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to § 55-14.1B(4) of this section.
(c) 
Maintain records of lead-safe certification, which shall include the name(s) of the unit tenant(s), if inspection was conducted during a period of tenancy.
C. 
Fees.
(1) 
Notwithstanding any other fees due pursuant to this chapter, a fee shall be paid for each unit as follows:
(a) 
One or fewer bedrooms the fee is $250;
(b) 
Two bedrooms the fees is $275;
(c) 
Three or more bedrooms the fee is $300.
(2) 
The first reinspection fee, if such reinspection is required is included with the fee for the initial inspection. Any subsequent reinspection will carry a fee of $50 plus $20 for each failed dust swipe.
(3) 
The fee for filing a lead-safe certification or lead-free certification shall be $50.
(4) 
The fees collected pursuant to this subsection shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose.
(5) 
In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowner's association, unless the association is the owner of the unit.
D. 
Violations. Penalties for violations of this subsection shall be as follows:
(1) 
If a property owner has failed to conduct the required inspection or initiate any remediation as required by N.J.S.A. 52:27D-437.1 et seq., the owner shall have 30 days to cure the violation.
(2) 
If the property owner fails to cure the violation after 30 days, the property owner shall be subject to penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.
[Amended 6-17-2021 by Ord. No. O09-2021]
Any person, firm or corporation who or which shall violate any of the provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $2,000 or by imprisonment in the county jail for a period not exceeding 90 days or a period of community service not exceeding 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this ordinance and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remaining portions of this ordinance shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this ordinance are hereby declared to be severable.
The Housing Inspector is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this Part 1, including the following, in addition to others herein granted:
A. 
To investigate the dwelling conditions in the City of Gloucester in order to determine which dwellings therein are unfit for human habitation.
B. 
To administer oaths and affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purposes of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
D. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this Part 1.
E. 
To delegate any of his functions and powers under this Part 1 to such officers and agents as he may designate.
Nothing in this Part 1 shall be construed to abrogate or impair the power of the City or any officer or department to enforce any provisions of its Charter or its ordinances or regulations or to prevent or punish violations thereof, and the powers conferred by this Part 1 shall be in addition and supplemental to the powers conferred upon the City by any other law or ordinance.