[1980 Code § 167A-1]
As used in this section:
- Shall mean the individual or individuals designated by the owner as the person or persons authorized by the owner to perform any duty imposed upon the owner by this section. 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 terms 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 COMPLEX
- Shall mean a building or group of buildings constituting
a multiple dwelling, as defined by the State of New Jersey, containing
three or more dwelling units or apartments, which are located within
close proximity of each other and are owned by the same owner.[Amended 10-1-2020 by Ord. No. 2629]
- APARTMENT OR DWELLING UNIT
- Shall mean any cottage, bungalow, room or group of rooms
occupying all or part of a floor or floors in a building, with or
without housekeeping facilities for dwelling purposes.[Amended 10-1-2020 by Ord. No. 2629]
- Shall mean the license issued by the Multidwelling Administrator of the Borough of Roselle Park or designee attesting that the rental unit has been properly registered in accordance with this section.
- Shall mean the person to whom the license is issued pursuant to this section. The term "license" includes within its definition the term "agent" where applicable.
- MULTIPLE DWELLING
- Any building of one or more stories in which three or more
dwelling units are occupied or are intended to be occupied by three
or more persons who live independently of each other.[Added 10-1-2020 by Ord. No. 2629]
- Shall mean any person or persons, firm, corporation, or officer thereof, partnership association or trust who owns, operates, exercises control over or is in charge of a rental facility.
- Shall mean an individual, firm, corporation, partnership, association, trust or other entity or any combination thereof.
- RENTAL FACILITY
- Shall mean every building, group of buildings or a portion
thereof 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
and is meant to include within its definition the terms "apartments"
and "apartment complexes" where applicable.[Amended 10-1-2020 by Ord. No. 2629]
- RENTAL UNIT
- Shall mean a dwelling unit which is available for lease or rental purposes and is meant to include individual apartments located within apartment complexes.
- Occupancy of a dwelling unit by one or more tenants.[Added 10-1-2020 by Ord. No. 2629]
- The occupant of a dwelling unit other than the owner.[Added 10-1-2020 by Ord. No. 2629]
[1980 Code § 167A-2; amended 10-1-2020 by Ord. No. 2629]
Multiple dwellings classified as apartment buildings or complexes with three or more dwelling units shall hereafter be registered with the Multidwelling Administrator or designee of the Borough of Roselle Park, or such other person as designated by the Governing Body on forms which shall be obtained from the Multidwelling Administrator or designee. Upon registering, each unit shall be issued a license. After the initial registration, a new license will be required upon the change of tenant occupancy.
[1980 Code § 167A-3; 2-17-1998 by Ord. No. 1921; amended 10-1-2020 by Ord. No. 2629]
Each rental unit shall be licensed with each change of occupancy. The initial registration shall occur within 90 days following the adoption of this section on February 17, 1998. Any lease which was executed prior to the adoption of this section, shall not be effected, but the rental unit must nevertheless be registered and licensed in accordance with this section. No rental unit shall hereafter be rented unless the rental unit is registered, inspected and licensed in accordance with this section.
[1980 Code § 167A-4; amended 10-1-2020 by Ord. No. 2629]
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all required residential units as described herein shall be registered and licensed in the manner prescribed by the Borough of Roselle Park. Every owner shall file with the Multidwelling Administrator of the Borough of Roselle Park, or designee or such other person as designated by the Governing Body, a registration form for each dwelling unit contained within a building or structure, which shall include the following information:
The name and address of the record owner or owners of the premises and record owner or owners of the rental business if not the same persons. In the case of a partnership the names and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals indicating where such individual may be reached both during the day and evening hours. If the record owner is a corporation, the name and address of the registered agent and corporate officers of the corporation shall be provided, together with the telephone numbers for each of such individuals indicating where such individual may be reached both during the day and evening hours.
If the address of any record owner is not located in Roselle Park or in Union County, the name and address of a person who resides in Union 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.
The name and address of the agent of the premises, if any.
The name and 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.
The name, address and telephone number of an individual representative of the owner or agent 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 herewith.
The name and address of every holder of a recorded mortgage on the premises.
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.
As to each rental unit, a specification of the exact number of sleeping rooms contained in the rental unit. In order to satisfy the requirements 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 form when filed by the Multidwelling Administrator or designee.
The number of tenants who occupy the rental unit and the number of tenants under the age of eighteen (18), the number of adults over eighteen (18) and children under two (2) years of age.
Such other information as may be prescribed by the Borough.
[1980 Code § 167A-5]
The Multidwelling Administrator or designee shall index and file the registration forms. In doing so, the Multifamily Administrator 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. 46:8-8 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this section.
[1980 Code § 167A-6; 10-1-2020 by Ord. No. 2629]
Every person required to file a registration form pursuant to this section shall file an amended registration form within 20 days after any change in the information required to be included thereon pursuant to Subsection 18-1.4 of this section. No fee shall be required for the filing of an amendment except where the tenancy of a dwelling unit is changed.
[1980 Code § 167A-7]
Each rental unit shall be inspected upon change of occupancy and a new license obtained. Inspections will be carried out within three working days of notice by the landlord or his agent, or as soon thereafter as practicable based upon the Borough of Roselle Park's workforce availability.
[Amended 10-1-2020 by Ord. No. 2629]
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough, and inspections made by persons or an agency other than the duly authorized and appointed person or agency of the Borough shall not be used as a valid substitute.
Such inspections shall be for the purpose of determining Zoning Code compliance and, to the extent applicable, determining if the property complies with the Property Maintenance Code, 2015 International Property Maintenance Code and its successor documents as published by the International Code Council (ICC), and Uniform Fire Safety Act.
[Amended 10-1-2020 by Ord. No. 2629]
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 licensed, 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 licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within sixty (60) 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 subsection 18-1.17.
[1980 Code § 167A-8]
The Inspection Officers are hereby authorized to make inspections to determine the condition of the applicable dwelling units in order that they may promote the purposes of this section to safeguard the health, safety and welfare of the occupants and of the general public. For the purpose of making such inspections, the Inspecting Officers are hereby authorized to enter, examine and survey the rental units at all reasonable times. The owner and occupant of every rental unit shall give the Inspecting Officers free access to the rental unit at all reasonable times for the purpose of such inspections, examinations and surveys.
Every occupant shall give the owner of the rental unit access to any part of such 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 a lawful order issued pursuant thereto.
Complaints. Within 10 business days of receipt of a complaint alleging a reported violation of this section, an Inspecting Officer shall conduct an inspection as hereinbefore provided.
[Amended 10-1-2020 by Ord. No. 2629]
[1980 Code § 167A-9]
No person shall hereafter occupy any rental unit nor shall the owner permit occupancy of any rental unit within the Borough which is not registered and licensed in accordance with this section.
[1980 Code § 167A-10]
Upon the filing of a completed licensing form, payment of the prescribed fee and inspection, the owner shall be entitled to the issuance of a license commencing on the date of the issuance. A licensing form shall be required for each change in occupancy in each rental unit, and a license shall issue to the owner for each rental unit.
[1980 Code § 167A-11; Ord. No. 2460-2016]
At the time of the filing of the registration form, and prior to the issuance of a license, the owner or agent of the owner must pay a fee in accordance with the following:
An initial registration fee of seventy-five ($75.00) dollars per dwelling unit.
Upon change of occupancy, a fee of one hundred ($100.00) dollars.
If there is a violation and a reinspection fee is required, a fee of fifty ($50.00) dollars.
If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining units, who would otherwise qualify under the State of New Jersey for a property tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee for that unit.
Editor's Note: Former Subsection a5, regarding the ninety-day amnesty period following the effective date of this chapter, was repealed 10-1-2020 by Ord. No. 2629.
[1980 Code § 167A-12; amended 10-1-2020 by Ord. No. 2629]
Every owner shall provide each tenant occupying a rental unit with a copy of the registration form and license granted as required for that unit by this section upon a change of tenancy. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
Every owner shall conspicuously post the following information in at least one common area, lobby, or publically accessible location within a multiple dwelling and keep the same updated in similar accordance with the provisions of Subsection 18-1.6:
The name of the multiple dwelling along with the property address of the same;
The name, address, and daytime phone number of the owner of record;
The name, address and daytime phone number of the management agent 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;
The name, address (including the dwelling unit number) and phone number of the on-site superintendent, janitor, custodian and/or other individual employed by the owner or agent to provide regular maintenance service, if any;
The name, address and emergency telephone number of an individual or individuals representative of the owner or agent who may be reached or contacted on any day, at any time, day or night, 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 herewith.
[1980 Code § 167A-13]
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent or tenant, to allow a greater number of persons than the posted number of occupants to sleep in or occupy the unit overnight. Any person violating this provision shall be subject to the penalty provisions of subsection 18-1.17.
[1980 Code § 167A-14]
No rental unit may be registered and no license 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.
[1980 Code § 167A-15; amended 10-1-2020 by Ord. No. 2629]
All dwelling units shall be maintained in accordance with the 2015 International Property Maintenance Code and its successor documents as published by the International Code Council (ICC).
[1980 Code § 167A-16]
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 owners or of the public in general, such that it shall constitute a nuisance as defined in the ordinances of the Borough of Roselle Park.
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 the applicable ordinances and regulations of the Borough of Roselle Park and with all applicable State and Federal laws.
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of subsection 18-1.17.
[1980 Code § 167A-17]
Any person who violates any provision of this section shall, upon conviction in the Municipal Court of the Borough of Roselle Park or such other court having jurisdiction, be liable to a fine not exceeding one thousand ($1,000.00) dollars or imprisonment for a term not exceeding thirty (30) days, or both. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this section.
[1980 Code § 167A-18]
In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the license issued hereunder upon the happening of one (1) or more of the following:
Conviction of a violation of this section in the Municipal Court or any other court of competent jurisdiction.
Determination of a violation of this section at a hearing held pursuant to paragraph b herein.
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance of the Borough.
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this section.
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 a person or property.
Procedure; Written Complaint; Notice; Hearing.
A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: the Chief of Police, Construction Code Official, Housing Inspector, Zoning Enforcement Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Multidwelling Administrator or designee. The complaint shall be specific and shall be sufficient to apprise the licensee of the charges so as to permit the licensee 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.
[Amended 10-1-2020 by Ord. No. 2629]
Upon filing of such written complaint, the Multidwelling Administrator or designee shall immediately inform the Governing Body, and a date of a hearing shall be scheduled which shall not be sooner than 10 nor more than 30 calendar days thereafter. The Multidwelling Administrator or designee shall forward a copy of the complaint and a notice as to the date of the hearing to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
[Amended 10-1-2020 by Ord. No. 2629]
The hearing required by this section shall be held before the Governing Body unless, in its discretion, the Governing Body determines that the matter should be heard by a hearing officer, who shall be appointed by the Governing Body. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Governing Body within 30 calendar days of the conclusion of the hearing. The Governing Body 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 the Governing Body, then the Governing Body shall render a decision within 30 calendar days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the license or determining that the license shall not be renewed or reissued for a determined period time.
[Amended 10-1-2020 by Ord. No. 2629]
A stenographic transcript may be made of the hearing at the expense of the landlord, if desired by the landlord. 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 administration hearings.
[Amended 10-1-2020 by Ord. No. 2629]
The Borough Prosecutor, or his designee, shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental license 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.
[1980 Code § 167A-19; amended 10-1-2020 by Ord. No. 2629]
This section shall be enforced by the Residential Tenancy Inspector, the Apartment House Inspector, more broadly by the Director of Code Enforcement or their designee, and/or the Police Department.
[1980 Code § 53-1]
The landlord/sponsor of each rental unit converted to a condominium or cooperative after the effective date of the Senior Citizens and Disabled Protected Tenancy Act shall pay a fee of fifty ($50.00) dollars per rental unit to the Borough of Roselle Park. This fee shall be for the purpose of offsetting the cost to the Borough of administering this statute at the local level.
Editor's Note: See N.J.S.A. 2A:18-61.22 et seq.
[1980 Code § 53-2]
The Governing Body hereby establishes an Appeals Board, which Board shall hear and determine appeals from decisions rendered by the administrative agent under and pursuant to the Senior Citizens and Disabled Tenancy Act.
The Appeals Board shall be composed of three (3) persons chosen by the Mayor. These persons shall serve without compensation. The term of the appointee shall be for one (1) calendar year.
[1980 Code § 53-3]
As a prerequisite to the filing of an appeal with the Appeals Board, each applicant shall pay a fee of three hundred ($300.00) dollars to the Borough.
[1980 Code § 80-1]
The owner of any apartment complex within the Borough which consists of two hundred fifty (250) units or more shall be required to provide security guard services upon the premises in accordance with the provisions hereinafter set forth.
[1980 Code § 80-2]
For the purposes of this section, the term "Apartment Complex" shall be deemed to mean two (2) or more apartment buildings under common ownership and management which are situated on one (1) lot or on adjacent lots and operated as a single entity. In this context, the term "Apartment Building" shall be defined as follows: a structure containing two (2) or more self-contained groups of rooms which are designed, constructed and used as dwelling units, each of which is set apart from other units or portions of the structure by way of a separate entranceway.
[1980 Code § 80-3]
A minimum of one (1) uniformed security guard shall be on duty between the hours of 8:00 p.m. and 3:00 a.m., seven (7) days per week, upon the premises of each apartment complex to which this section applies. During the specified hours, each guard on duty shall make periodic patrol and inspection of the premises and shall undertake all actions necessary to assure the personal safety, privacy and protection of property of the residents of each apartment complex and their guests.
[1980 Code § 80-4]
Failure to comply with the provisions of this section shall result in the imposition of a fine in the amount of one hundred ($100.00) dollars upon the owner of the apartment complex in which such violation occurs. Such owner shall be subject to separate fines as aforesaid for each and every day that any such violation continues.