[1]
Editor's Note: Former Section 15-1, Rooming House and Boarding House Licenses, previously codified herein and containing portions of Ordinance Nos. 97-17 and 98-14, was repealed in its entirety by Ordinance No. 2006-11.
[Editor's Note: Chapter 5, Section 5-11 regulates the number of dogs permitted in multiple dwelling units.]
[See also Chapter 4, General Licensing for business licenses and permits.]
[1]
Editor's Note: Former Section 15-2, Annual Inspections and Reinspections of Rooming and Boarding Houses, previously codified herein and containing portions of Ordinance Nos. 98-3, 2000-43 and 2003-25, was repealed in its entirety by Ordinance No. 2006-11.
[1971 Code § 13-4.2]
As used in this section:
Shall mean any building, structure and the land appurtenant thereto containing two or more apartments or dwelling units rented or offered to two or more tenants excepting motels and hotels unless the units rented in the motels or hotels shall contain two or more units with eating and cooking facilities. In such event the units containing such facilities shall be considered multiple dwelling units.
Shall mean any single-family dwelling that is leased, subleased, rented or advertised for rent.
[1971 Code § 13-4.2; Ord. No. 2003-25 § 4]
Every owner of any premises containing two or more apartments or dwelling units or any single-family rental used for residential purposes shall file under oath with the Department of Code Enforcement and Zoning, a statement containing the address of the premises, the name and address of the owner of the premises, the name and address of the superintendent or the name and address of the agent in charge of the premises, the number of apartments in the premises, the name of the tenant located within the premises and the date the statement was prepared. If the owner of the premises is a corporation or other entity other than an individual, the statement shall be made under oath by the president, vice-president or secretary of the corporation or a principal of such other entity.
[1971 Code § 13-4.3; Ord. No. 2003-25 § 5]
In multiple dwellings or single-family rentals no apartment or dwelling shall be leased, subleased, rented or let or sold to any tenant, lessee or purchaser unless the owner of the premises shall first have obtained a Certificate of Occupancy from the Department of Code Enforcement and Zoning indicating that such apartment or dwelling unit complies with the provisions of the ordinances of the Township and the State Housing Code and approval is obtained from the Department of Code Enforcement and Zoning that the apartment or dwelling unit is safe and fit for human habitation.
[1971 Code § 13-4.3A]
The rental Certificate of Occupancy to be completed by the owner of the premises which is to be leased shall include the following information:
[1971 Code § 13-4.3B; New; Ord. No. 2003-25 § 6; Ord. No. 2009-9 § 1; Ord. No. 2012-13 § 1]
a.
In multiple dwellings or single-family rentals, no apartment or dwelling shall be leased, subleased, rented or let or sold to any tenant, lessee or purchaser unless the owner of the premises shall first have obtained a certificate of compliance or a Certificate of Occupancy from the Department of Code Enforcement and Zoning, authorized by the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., on a form acceptable to and approved by the Department Head of the Department of Code Enforcement and Zoning or his designee, indicating that a smoke-sensitive alarm device and a carbon monoxide alarm has been installed in accordance with N.J.A.C. 5:70-4.19(d), of the New Jersey State Uniform Fire Code. The fee for each application shall be $65 and the fee for each reinspection shall be $30.
[1971 Code § 13-4.4; Ord. No. 2003-25 § 7; Ord. No. 2009-9 § 2; Ord. No. 2012-13 § 2]
a.
Within 10 days after a tenant moves out of and vacates an apartment or dwelling unit in any residential premises containing two or more apartments or dwelling units, the owner of the premises shall file with the Department of Code Enforcement and Zoning a statement under oath containing the address of the premises, the number or other specific designation of the apartment vacated. The statement shall be as set forth in subsection 15-3.2.
b.
No vacated apartment shall be rented or occupied in whole or in part by any new tenant until an inspection has been made by the aforesaid Department as to whether the apartment is in violation of any of the applicable laws of the Township, State of New Jersey or the United States of America. If no violation is found, the Department of Code Enforcement and Zoning shall issue a Certificate of Occupancy. Otherwise, the owner shall be notified in writing of any violations found.
c.
The inspection shall be made and either a Certificate of Occupancy or notice of violations shall be issued within five days from the date of application. If the inspection is not accomplished in the five day period, the apartment may be occupied but subject to the right of the Township to cause the apartment to be inspected if a violation is found, and to cause the premises to be vacated within 10 days from the date of notice.
d.
The fee for a Certificate of Occupancy shall be $65. Any required reinspection fee shall be $30.
e.
Exemptions. The Lakewood Housing Authority shall be exempt from the payment of any inspection fee for a Certificate of Occupancy.
[1971 Code § 13-4.5; Ord. No. 2003-25 § 8]
At the time of inspection of each unit or single-family dwelling prior to the issuance of the Certificate of Occupancy, the Department of Code Enforcement and Zoning shall post in a conspicuous place in the apartment or dwelling a notice stating the number of persons who shall be permitted to occupy the apartment as residence pursuant to regulations provided by the Township and in no event shall residency in excess of the posted number be exceeded by either the landlord or the tenant. For the purpose of determining residency, any person who sleeps upon the premises or generally dwells there for more than two successive days or nights shall be considered to be residing on the premises.
[Added 12-5-2024 by Ord. No. 2024-044]
This section is enacted pursuant to P.L. 2021, c. 182, and shall be interpreted and enforced to the same extent as that legislation, any amendments or supplements thereto, the companion regulations set forth at N.J.A.C. 5:28A-1.1 et seq., and other associated regulatory or judicial authority.
[Added 12-5-2024 by Ord. No. 2024-044]
For the purposes of this section, the following words and terms have the meanings set forth below, unless the context clearly indicates otherwise:
Means the New Jersey Department of Community Affairs.
Means the New Jersey Department of Health.
Means 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 ("HUD") and as conducted pursuant to N.J.A.C. 5:28-2.3.
As defined in Section 18-200 Definition of Terms.
Means a unit within a building that is rented and occupied, or intended to be rented and occupied, for sleeping and dwelling purposes by one or more persons.
Means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs, or the term as it defined pursuant to 42 U.S.C. § 4851b and the regulations adopted pursuant thereto.
Means a set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards adopted pursuant to N.J.A.C. 5:17.
Means a firm certified by DCA to perform remediation through lead abatement or interim control work pursuant to N.J.A.C. 5:17.
Means an individual certified by the New Jersey Department of Health to perform remediation through lead abatement or interim control work pursuant to N.J.A.C. 5:17.
Means a firm certified by DCA to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17. This includes the ability to perform dust-wipe sampling.
Means that a dwelling has been certified to have no lead-based paint or has undergone lead abatement in accordance with N.J.A.C. 5:17.
Means an individual certified by DOH to perform lead inspection and risk assessment work pursuant to N.J.A.C. 8:62. This includes the ability to perform dust wipe sampling.
Means that a dwelling has been found to have no outstanding lead-based paint hazards, but does not mean that the dwelling is certified as lead-free.
Means interim control as defined above.
Means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level, as may be established by federal law.
Means any condition that causes exposure to lead from lead-contaminated dust or lead-contaminated paint that is deteriorated or present on surfaces that would result in adverse human health effects.
Means the certification issued pursuant to N.J.A.C. 5:28A, which confirms that a periodic lead-based paint inspection was performed and that no lead-based paint hazards were found.
Means (1) any building or structure and any land appurtenant thereto and any portion thereof in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other; (2) any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied, or intended to be occupied, by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof. Buildings or structures excluded pursuant to N.J.S.A. 55:13A-3(k) are not included in this definition.
Means the initial inspection of all applicable dwelling units at the earlier of two years from the effective date of P.L. 2021, c. 182 (July 22, 2022), or tenant turnover, and thereafter the earlier of three years or upon tenant turnover, consistent with N.J.A.C. 5:28A-2.1, for the purposes of identifying lead-based paint hazards in dwellings subject to this section.
Means interim controls or lead abatement work undertaken in conformance with this section and N.J.A.C. 5:28A to address lead-based paint hazards.
Means the time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit, or the time at which a new tenant enters a vacant dwelling unit.
Means a visual examination for deteriorated paint or visible surface dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3 and this section.
[Added 12-5-2024 by Ord. No. 2024-044]
a.
Initial Inspections. At tenant turnover, or within two years of July 22, 2022 (the effective date of P.L. 2021, c. 182), whichever is sooner, every single-family, two-family, and multiple rental dwelling subject to this section located within the Township shall be inspected for lead-based paint hazards.
b.
Periodic Inspections. After the initial inspection, all dwelling units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification for the dwelling unit. Periodic lead-based paint shall be counted from the most recent periodic lead-based paint inspection which resulted in a valid lead-safe certification.
c.
Dwelling owners or landlords may satisfy the requirements of this section by hiring a lead evaluation contractor certified to provide lead paint inspection services by the Department of Community Affairs ("DCA").
[Added 12-5-2024 by Ord. No. 2024-044]
a.
Visual Assessments. Periodic lead-based paint inspections may be performed through visual assessment if, according to the central lead screening database maintained by DOH, or other data deemed appropriate by DOH, Lakewood Township is a municipality in which less than 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL.
1.
Pursuant to N.J.A.C. 5:28A-2.3(a)1, for visual assessments, dwellings must be examined in accordance with the guidelines and regulations promulgated by the United States Department of Housing and Urban Development ("HUD") set forth at 42 U.S.C. § 4851b for deteriorated paint or visible surface dust, debris, or residue on all painted building components, especially any walls, window, trim, and surfaces that experience friction or impact.
b.
Dust Wipe Sampling. Dust-wipe sampling is required if, according to the central lead screening database maintained by DOH, or other data deemed appropriate by DOH, Lakewood Township becomes a municipality in which 3% or more of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, or if different, the level set forth at N.J.S.A. 52:27D-437.16.
1.
Pursuant to N.J.A.C. 5:28A-2.3(b)1, dust wipe sampling must be performed by the collection of samples from the wiping of representative surfaces, including floors, interior windowsills, and other similar surfaces, and tested, in accordance with methods approved by HUD.
2.
Pursuant to N.J.A.C. 5:28A-2.3(b)2, a visual assessment, conducted in accordance with subsection A, may be undertaken during the course of dust wipe sampling.
[Added 12-5-2024 by Ord. No. 2024-044]
a.
If an inspection determines that a lead-based paint hazard exists, then the owner of the dwelling unit must remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. A follow-up inspection is required to certify that the hazard has been properly remediated.
1.
If hazard controls are employed, the follow-up inspection must be conducted using dust-wipe sampling. If the follow-up inspection shows that the hazard is no longer present, the unit must be certified as lead-safe pursuant to the lead-safe certification requirements set forth in N.J.A.C. 5:28A-2.4.
2.
If abatement is utilized, and a lead abatement clearance certificate has been issued in accordance with N.J.A.C. 5:17, then the lead-free certificate issued at the final clearance inspection shall exempt the dwelling from future periodic lead-based paint inspections.
3.
To the extent dust-wipe sampling is required as part of the remediation process, the owner must have such testing performed by a licensed contractor.
b.
If an inspection determines that no lead-based paint hazard exists, or following remediation of a lead-based paint hazard, the Township shall certify the dwelling unit as lead-safe on a form prescribed by DCA. This certification shall be valid for two years. If the inspection was conducted by a lead evaluation contractor, the contractor must provide a copy of the lead-safe certificate to the owner and the Township.
c.
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two- or three-dwelling units, then the remainder of the building's dwelling units shall be inspected for lead hazards, except for dwelling units that have been certified to be free of lead-based paint. These additional inspections are subject to fees.
d.
If an inspection determines that a lead-based paint hazard exists, then the Township or its designee shall notify the Commissioner of DCA.
[Added 12-5-2024 by Ord. No. 2024-044]
The following dwelling units in a single-family, two-family, or multiple rental dwelling are not subject to inspection and evaluation for the presence of lead-based paint hazards:
a.
Dwelling units that have been certified to be free of lead-based paint pursuant to N.J.A.C. 5:17.
b.
Dwelling units constructed during or after 1978.
c.
Single-family and two-family seasonal rental dwellings rented for less than six months in duration each year by tenants that do not have consecutive lease renewals.
d.
Multiple rental dwelling units constructed prior to 1978 that have been registered with the DCA for at least 10 years and have no outstanding paint violations from the most recent cyclical inspection performed on the dwelling pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. and N.J.A.C. 5:10.
1.
All multiple dwelling units constructed prior to 1978 that have been registered with the DCA for at least 10 years and that have a current certificate of inspection issued by DCA.
2.
All multiple dwelling units constructed prior to 1978 that have been registered with DCA for at least 10 years with open inspections that have no violations for paint.
e.
Dwelling units 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 under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
f.
Dwellings that have a valid lead-safe certification issued in accordance with this section and N.J.A.C. 5:28A. Lead-safe certifications are valid for two years from the date of issuance pursuant to N.J.A.C. 5:28A-2.4.
[Added 12-5-2024 by Ord. No. 2024-044]
a.
The Department of Code Enforcement and Zoning is charged with enforcing the provisions of this section. In carrying out this function, the Department may consult with all appropriate federal, state, county, and local agencies concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in such dwellings, methods of detection of lead in such dwellings, and standards for the repair of such dwellings concerning lead paint.
b.
Compliance with this chapter is a precondition to obtaining a rental certificate of occupancy pursuant to Chapter 15, Rental Housing.
c.
In the event the Township retains a certified lead evaluation contractor to perform inspections required by this section, said entity shall be charged with enforcing the provisions of this section on behalf of the Township.
d.
Any dwelling owner or landlord may hire directly, at their sole cost and expense, a private certified lead evaluation contractor for this purpose.
[Added 12-5-2024 by Ord. No. 2024-044]
a.
In cases where visual inspections are sufficient pursuant to subsection 15-4.4A, the inspection fees if conducted by the Department of Code Enforcement and Zoning, are as follows:
1.
Inspections conducted as part of the rental certification process under § 15-3.4. $60, plus an additional $20 per unit inspected for deposit into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4. The $20 surcharge does not apply where the unit owner demonstrates that the DCA has already assessed such a surcharge pursuant to N.J.S.A. 52:27D-437.10.
2.
Other inspections: $150, plus an additional $20 per unit inspected for deposit into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4. The $20 surcharge does not apply where the unit owner demonstrates that the DCA has already assessed such a surcharge pursuant to N.J.S.A. 52:27D-437.10.
b.
Inspection fees charged for dwellings units in a common interest community are the responsibility of the unit owners, not homeowners' associations, unless the dwellings are association-owned.
c.
Fees collected must be dedicated to cover the costs of implementing and enforcing this section and must not be used for any other purpose.
[Added 12-5-2024 by Ord. No. 2024-044]
a.
The Department of Code Enforcement and Zoning shall maintain a record of all dwellings subject to this section, including all current information on inspection schedules, inspection results, and tenant turnover.
b.
The Department of Code Enforcement and Zoning shall also maintain a record of all lead-safe certifications issued pursuant to this section and all lead-free certifications issued pursuant to N.J.A.C. 5:17.
c.
Any time a lead evaluation contractor performs the inspection, the lead evaluation contractor must provide to the Department of Code Enforcement and Zoning copies of any lead-safe certifications issued.
d.
Owners of dwellings subject to this chapter shall comply with the recordkeeping requirements imposed pursuant to N.J.A.C. 5:28A-3.1.
e.
If the Township retains a certified lead evaluation contractor to perform inspection, that entity shall obtain all information which would otherwise be provided to Code Enforcement.
[Added 12-5-2024 by Ord. No. 2024-044]
a.
The Department of Code Enforcement and Zoning is authorized to conduct investigations and issue penalties to enforce a property owner's failure to comply with this section.
b.
Offending owners have 30 days to cure any violation by conducting the required inspection or initiating any required remediation efforts.
c.
If the dwelling owner has not cured the violation or initiated remediation efforts within 30 days, the owner shall be subject to a penalty, not to exceed $1,000 per week, until the required inspection has been conducted or the remediation efforts have been initiated.
d.
For the purposes of this provision, remediation efforts are deemed to have been initiated when the owner has hired a lead abatement contractor or other qualified party to perform lead hazard control methods.
e.
Failure to conduct the required inspection, or remediate a lead-based paint hazard, shall constitute a violation of this chapter of the Township Code, and any unpaid penalties imposed for such violations may be assessed as liens against the subject property and the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[1971 Code § 13-6]
All owners of buildings or structures or parts thereof, wherein the buildings or structures or parts thereof are situated in the Township and which are occupied by two or more families as tenants of an owner or as tenants of a lessor shall register with the Township Clerk upon forms prescribed by and furnished by the Clerk. The forms shall include the following items:
[1971 Code § 13-7]
Under any ordinance of the Township or under any State law applicable to the Township a notice may hereinafter be served by service upon the owner, lessor or agent of any building or structure or part thereof which is occupied by two or more families as tenants of the owner or lessor, and if the owner or lessor has failed to register as above provided or where an agent has been designated, but cannot be found at the address given in the registration, service of any such notice may be made by posting it upon the premises in a conspicuous place.
[1971 Code § 13-2.1; Ord. No. 98-31; Ord. No. 2003-25 § 9]
As used in this section:
Shall mean any building, together with any related structure, accessory building, and land appurtenant thereto and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, for the accommodation of guests and wherein financial or personal services are provided to the residents as defined in N.J.S.A. 55:13B-3c and 55:13B-3g, respectively.
Shall mean the Department Head of the Department of Code Enforcement and Zoning of the Township of Lakewood or his designee whose job duties include the implementation and enforcement of this chapter.
Shall be defined as set forth in N.J.S.A. 55:13A-3(j) et seq., provided that at least 85% of the units of dwelling space therein are offered for limited tenure only.
Shall mean residence on a temporary basis, for no more than a total of 30 days in any calendar year. Residence for more than 30 days in a calendar year, at any facility shall create a rebuttable presumption that said residency is not on a temporary basis i.e. that said residence is primary and permanent. The 30 days need not be accumulated consecutively.
Shall mean a dwelling containing guest rooms in which lodging is provided without meals for compensation and which is let to two or more guests wherein no personal or financial services are provided to the residents.
Shall mean an arrangement of dwelling space which does not provide a private, secure dwelling space arranged for independent living, which is not used for limited tenure occupancy.
Shall mean any room, rooms, suite, or portion thereof, 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.
[1971 Code § 13-2.2; Ord. No. 2003-25 § 10]
No person shall own, manage, conduct or carry on the business of a boarding house, hotel or rooming house without first:
[1971 Code § 13-2.3; Ord. No. 2003-25 § 11]
The application for a certificate of approval to manage, conduct and carry on the business of a hotel, boarding house or rooming house shall be made by the operator in writing to the Department Head of the Department of Code Enforcement and Zoning or his designee in accordance with the procedure hereinafter provided and the application shall contain the following information and data:
a.
Location of the premises and the names and addresses respectively of the owner of the premises and the person operating or intending to operate the premises. Where the applicant is not an individual, the applicant shall state the names of all officers, members of the board of directors and owners of more than 10% of the stock, or all officers, trustees, directors or governing officials or all partners thereof as the case may be.
b.
Where applicant seeks a certificate of approval for a hotel, boarding house or rooming house in an area which is not zoned to permit the use, and the application is based on facts, which constitute a lawful nonconforming use, the applicant shall state in the application the name and address of the owner and operator of the premises as of the date when the use, by reason of the zone change or variance, first became a nonconforming use, indicating the number of rooms and the number of guests as of that date.
c.
If the applicant is not the owner of the premises, the owner's consent to the use of the premises for a hotel, boarding house or rooming house shall be affixed to the application.
d.
There shall be submitted to the Department Head of the Department of Code Enforcement and Zoning or his designee each application floor plans showing the number of rooms on each floor of the premises, including any basement rooms, the number of rooms on each floor of such premises, the size, area and height of each of such rooms and the size and location of each window in each room and the sanitary facilities available for use by the guests including fixtures therein and their location in the premises.
e.
The application shall also state the number of guest rooms in the building and the number of persons proposed to be accommodated and shall indicate the capacity of each guest room.
f.
By applying for a certificate of approval and/or a mercantile license pursuant to Chapter 4 of the Revised General Ordinances of the Township of Lakewood, the owner and/or operator of the premises is deemed to give his consent to the inspection of said premises by Township and Board of Health personnel as required by subsection 15-6.4c below.
[1971 Code § 13-2.4; Ord. No. 2003-25 § 12]
a.
Upon receipt of an application, the Department Head of the Department of Code Enforcement and Zoning or his designee shall inspect the premises to ascertain if the building is suitable for the proposed purpose and to determine if the building complies with all of the provisions of this chapter as well as the provisions of all ordinances and regulations of the Board of Health of the Township. If approved, the Department Head of the Department of Code Enforcement and Zoning or his designee shall issue a certificate of approval for the premises and cause same to be delivered to the Township Clerk. The Department Head of the Department of Code Enforcement and Zoning or his designee may also issue a copy of the certificate of approval to the applicant.
b.
Applications shall be submitted between May 15 and July 1st of each year or, in any event, within 20 days from the date that a certificate of approval may be required by the applicant. Upon receipt of the application for a certificate of approval the Department Head of the Department of Code Enforcement and Zoning or his designee shall issue or deny the issuance of the certificate of approval within 20 days from the date of the application. In the event that the Department Head of the Department of Code Enforcement and Zoning or his designee should deny the issuance of a certificate of approval, the denial shall be in writing setting forth the reasons for the denial. All certificates of approval shall automatically expire unless renewed on July 1st of each year following the date of issuance.
c.
The Police Chief, Fire Marshal, Department Head of the Department of Code Enforcement and Zoning, or their respective authorized agents, are hereby authorized and directed to make periodic inspections to determine the condition of the hotels, boarding and rooming houses.
d.
The refusal of any owner or operator of a hotel, boarding or rooming house to permit an inspection by an authorized official of the Township shall be grounds for denial of the certificate of approval and/or mercantile license or the suspension of an active certificate of approval or mercantile license until such time as the inspection has been permitted.
e.
The issuance of a certificate of approval shall evidence compliance with the provisions of this section on the date of issuance, but shall not constitute evidence that the premises comply with any other Township ordinance or any State law or regulation, nor shall it relieve any other official or public agency from enforcing any applicable ordinance or law or regulation.
[1971 Code § 13-2.6; Ord. No. 2003-25 § 13]
a.
Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof. The ceiling height of each sleeping room shall be not less than seven feet.
b.
The number of beds in each room used for sleeping purposes shall not be more than the number of persons permitted to sleep within a room, in accordance with the square footage requirements of paragraph a. The lawful capacity as herein provided shall be conspicuously posted in each such room.
c.
Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, meeting the requirements of all statutes and ordinances.
d.
The operator and/or owner of every rooming house, boarding house and hotel, shall be responsible for the sanitary maintenance of all walls, floors and ceilings and shall maintain sanitary conditions throughout the hotel, boarding house and rooming house.
e.
In every rooming house, hotel and boarding house, there shall be maintained a register with one page for each room in the building, indicating the name and address of each person occupying each room, the date of arrival and departure of each occupant. This register shall be available for inspection at all times, by the Department Head of the Department of Code Enforcement and Zoning or his designee or any Police Officer.
f.
No room shall be rented or assigned to, or privately occupied, either singly or jointly unless such person has registered.
g.
No room in any hotel, boarding house or rooming house shall be rented to sleeping or lodging purposes more than once between the hours of 6:00 p.m. and 6:00 a.m. the following day.
h.
Every person conducting a hotel, boarding house or rooming house shall cause each room of such house to be numbered in a plain and conspicuous manner and such number shall be placed on the outside door of the room and no two rooms shall bear the same number.
i.
Between May 1st and October 1st of any calendar year, all sleeping room windows in any hotel, boarding house or rooming house shall be effectively screened with full, tight-fitting screens.
j.
In every hotel, boarding house and rooming house, for each five persons or fraction thereof, residing within the hotel, boarding house and rooming house including members of the operator's family, wherever they share the use of sanitary facilities, there shall be provided at least one flush water closet, one lavatory wash basin, one bathtub, or one shower, all properly connected to the water sewer system as approved by the Department Head of the Department of Code Enforcement and Zoning or his designee and maintained continuously in good working condition. In hotels, boarding houses and rooming houses, however, where the occupants are only members of the male sex, flush urinals may be substituted for not more than 1/2 the required number of the water closets. Hot water shall be supplied at all times for every lavatory wash basin, bathtub or shower. All sanitary facilities shall be located above the street level and within the building, so as to be reasonably accessible from a common hallway or passageway to all persons sharing such facilities.
k.
The operator of every hotel, boarding house and rooming house shall, upon renting a room, supply or furnish clean bed linen and towels for the use of the occupants of each room and shall furnish and supply a change of fresh bed linens and towels at least once a week for the occupants of each room.
l.
All supplied bedding shall be maintained by the operator in a clean and sanitary condition.
m.
No basement space or room or any part of which is below ground level shall be used as a habitable room for guests.
n.
The premises shall not be used for immoral purposes and the owner of the premises and the persons operating the hotel, boarding house or rooming house, shall not permit the premises to be used for immoral purposes.
o.
No room shall be let or leased to any persons who are unable to ascend or descend stairs unassisted, dress and bathe without assistance, or leave the premises without assistance, care or supervision. This section shall not apply if, in the opinion of the Department Head of the Department of Code Enforcement and Zoning or his designee, such person or persons are under sufficient care and supervision so as not to unduly endanger the health, welfare and safety of such person or persons.
p.
The operation, conduct and management of a hotel, boarding house or rooming house shall not be under the management, control or supervision of any person, in whole or in part convicted of a crime involving moral turpitude, or suffering from a contagious or venereal disease.
q.
No person shall be allowed to use a lobby, hallway, closet, bathroom or kitchen for a sleeping room.
r.
No cooking or storing of foodstuffs shall be permitted in any sleeping room of any hotel, boarding house or rooming house.
s.
Except as hereinafter provided, no community or common cooking and eating facility (hereinafter referred to as "community kitchen") shall be allowed in rooming houses, boarding houses or hotels. The Department Head of the Department of Code Enforcement and Zoning or his designee may permit a community kitchen if in the opinion of the Department Head of the Department of Code Enforcement and Zoning or his designee the operation of the community kitchen will not be detrimental to the health and welfare of the public and of the occupants of the rooming house, and upon substantial compliance by the operator of the rooming house with the following standards and conditions.
1.
No such special permit shall be issued to a rooming house having over 25 rooms.
2.
In the event that a community kitchen is permitted, there shall be no cooking or storing of food permitted in any sleeping rooms.
3.
There shall be provided an adequate kitchen and dining area for the benefit of the guests making use of the kitchen and dining room facilities.
4.
The owner or operator shall be solely responsible for the management, cleanliness and sanitation of the kitchen and dining room area.
5.
All food shall be properly stored and refrigerated and proper garbage or refuse disposals shall be provided by the management.
6.
All cooking and washing facilities shall be adequate to provide for a clean and sanitary kitchen and dining room area.
7.
The Department Head of the Department of Code Enforcement and Zoning or his designee at any time shall have the right to revoke the privilege of having a community kitchen in the event that the community kitchen and dining room is not maintained in a proper sanitary condition.
[1971 Code § 13-2.6; New]
b.
Additionally, violation of any of the provisions of this section will subject the owners and/or operator of the subject premises to the revocation or suspension of the certificate of approval and/or mercantile license by the Township Committee in accordance with the procedures set forth in Chapter 4 of Revised General Ordinances of the Township of Lakewood as more particularly set forth in subsection 4-1.8 thereof.
[1971 Code § 13-2.7]
This section shall be construed to operate retroactively as well as prospectively in that all buildings used as hotels, boarding houses and rooming houses shall comply with all of the terms of this section regardless of whether the buildings were constructed or operated before or after July 12, 1962.
[1971 Code § 13-2.8]
In any case where a provision of this section is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or other ordinances of the Township or any other law applicable to the Township of Lakewood, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail and the lower standard is hereby declared to be repealed to the extent that it is in conflict with the higher standard or provision.
[1971 Code § 13B-1]
The Township Committee does hereby appoint the Township Clerk as the designated administrator of this program pursuant to P.L. 1981 C. 226.
[1971 Code § 13B-2]
An owner, landlord or sponsor who initiates a conversion of a building containing rental housing units to condominium or cooperative forms of housing must submit a notification to the Township Clerk containing a complete list of tenants in the building, stamped envelopes addressed to each, sufficient copies of the Notice of Intent, tenant notification requirement, application form and fact sheet for all tenants as set forth in the Senior Citizen and Disabled Protected Tenancy Act and the regulations promulgated thereunder, along with the filing fee set forth herein.
[1971 Code § 13B-3]
a.
The Township Clerk or the designated representative shall, upon the notification from an owner, landlord or sponsor of intention to convert rental property to a condominium or cooperative, collect the fee therefor as set forth below, the list of tenants residing in the building, a stamped-addressed, unsealed envelope and a protected tenancy application for each tenant with the notice from the Department of Community Affairs, Bureau of Landlord-Tenant Relations and all other required notification or information set forth in the aforementioned Act or the regulations promulgated by the State of New Jersey Department of Community Affairs, Division of Housing in accordance with said law.
b.
In addition to the above duties the Township Clerk shall determine eligibility requirements for Protected Tenancy under P.L. 1981, C. 226 for all tenants who file within 60 days of receipt of the information referred to in paragraph a of this section. Said decisions shall be rendered within 30 days of receipt of the eligibility application, shall be in writing and shall contain the reasons therefor.
c.
Any complaints concerning illegal evictions, or unlawful rental increases in violation of the Senior Citizen and Disabled Protected Tenancy Act shall be within the jurisdiction of the Township of Lakewood Rent Control Board and not the Township Clerk.
[1971 Code § 13B-4]
There is hereby established a fee of $20 per unit to be converted which shall be payable upon filing the Notification of Conversion with the Township Clerk. Said fee is established to help defray the cost of administering this section.
[1971 Code § 13B-5]
Any tenant or owner, landlord or sponsor who feels aggrieved by the determination of eligibility by the Township Clerk may appeal the determination to the Appeal Board established herein provided said appeal is made within 10 days of written notification of eligibility status.
[1971 Code §§ 13B-6—13B-13]
a.
Created. There is hereby created by the Township Committee a Senior Citizen and Disabled Protected Tenancy Appeal Board consisting of three members who must be residents of the Township.
b.
Terms of Office. The first member appointed shall be for a term of three years, the second member for a term of two years, and the third member for a term of one year. Thereafter, the term of office for each member of the Board shall be three years so as to provide for staggered expiration dates. Members shall serve until their term expires and until a successor is appointed.
c.
Conflict of Interest. No member shall be permitted to act on any matter on which he or she has, either directly or indirectly, any personal or financial interest.
d.
Removal. A member may, after public hearing if he or she requests it, be removed by the governing body for cause.
e.
Vacancy. If any vacancy shall occur, it shall be filled by appointment as above provided for the unexpired term and until a successor is appointed.
f.
Quorum. A majority of the whole number of members of the Board shall constitute a quorum. No decision shall be rendered by the Board without the affirmative vote of the majority of the quorum.
g.
Chairman and Vice-chairman. The members of the Board shall annually choose a chairman and in his absence a vice-chairman to preside over all meetings of the Board.
h.
Powers and Duties. The Board is hereby granted jurisdiction to hear appeals or challenges filed by any tenant, owner, landlord or sponsor who feels aggrieved by the determination of eligibility made by the Township Clerk. The Board shall have all the powers necessary and appropriate to carry out and execute the purposes of appeals under the Senior Citizen and Disabled Protected Tenancy Act, including but not limited to, the power:
1.
To adopt by-laws governing its procedural operation.
2.
To conduct hearings on each appeal properly presented to it as more particularly set forth in the hearing procedure outlined below.
3.
To reverse, modify or affirm the decision of the Township Clerk.
4.
Each of its members shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and production of relevant evidence, including witnesses and documents presented by the parties and the provisions of the "County and Municipal Investigations Law," P.L. 1953 c.38 (2A:67A-1 et seq.) shall apply.
[1971 Code § 13B-14]
The Board shall schedule a hearing within 10 days of receipt of the appeal and render its decision within 10 days of the hearing. In conducting the hearing the Board shall have the following additional powers:
a.
The testimony of all witnesses shall be taken under oath or affirmation by the presiding officer or such designee, and the right of cross-examination shall be permitted to all interested parties subject to the discretion of the presiding officer and to reasonable limitations as to time and the number of witnesses.
b.
Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
c.
The Board shall provide for the verbatim recording of the proceedings by mechanical or electronic means. Any person desiring a transcript of the hearing shall obtain same at his or her own cost through the use of a certified shorthand reporter licensed in the State of New Jersey.
d.
Each decision shall be in writing and include findings of fact and conclusions of law based upon the evidence presented before the Board or reasonable inferences therefrom.
[1971 Code § 13B-15]
Each appellant shall pay a fee of $50 upon filing the appeal to help defray the costs of administering this section.
[1971 Code § 13-11.1; Ord. No. 2003-25 § 14]
a.
The Department Head of the Department of Code Enforcement and Zoning or his designee is hereby designated whenever necessary to protect the health and safety of residential tenants, to act as an agent for any landlord of a residential rental property within the Township where the landlord has failed to maintain heat in accordance with N.J.S.A. 26:3-31.
b.
The designated agent may engage a fuel oil dealer to deliver fuel oil at a reasonable price per gallon and to refire the burner in order to restore the proper heating of any residential property rented by said landlord; provided, however, that at least 12 hours have elapsed, if the outside air temperature is between 33 degrees Fahrenheit and 55 degrees Fahrenheit, inclusive or, at least four hours have elapsed if the outside air temperature is 32 degrees Fahrenheit or less, from the filing of a complaint with the Department of Code Enforcement and Zoning. Prior to the filing of a complaint a bona fide attempt must be made by the tenant or his representative to notify the landlord of the lack of heat, and the landlord has failed to take appropriate action.
c.
Notwithstanding any provisions contained in this section to the contrary, the Department Head of the Department of Code Enforcement and Zoning or his designee shall have no authority to implement the terms of this subsection without obtaining prior approval by the Township Committee in each instance. Said approval may be issued by the Township Committee on a case by case basis and it may be done by motion of the Township Committee.
[1971 Code § 13-11.2]
The Township shall issue a voucher to any fuel oil dealer who delivers fuel oil or refires the burner as set forth in subsection 15-8.1 hereinabove, for the money amount due on the fuel oil delivered and the service for refiring the burner, if any. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
[1971 Code § 13-11.3]
a.
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to subsection 15-8.1 shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential rental property. Pursuant to P.L. 1980, c. 170, such penalty shall be recoverable by the Township in a civil action by a summary proceeding under the "Penalty Enforcement Law," N.J.S.A. 2A:58-1 et seq. Any action to collect or enforce any such penalty shall be brought in the Superior Court, Special Civil Part or Municipal Court. The amount of such penalty shall be paid to the Township to be used for general municipal purposes.
b.
In any penalty enforcement proceeding brought pursuant to P.L. 1980, c. 170, the Court shall also order the landlord or his agent to reimburse the Township for the actual costs incurred for any fuel oil delivered and the service charge for refiring the burner, if any, and for reasonable attorney's fees and costs. The Court shall further be empowered to issue any appropriate injunctive orders, and to authorize immediate collection of reimbursable costs due the Township out of the goods and chattels of the landlord, including all sums due, or which may come due, as present or future rents. Any landlord who prevails in such an action shall be entitled to reimbursement by the Township for all reasonable costs and expenses. Such landlord, however, shall still remain responsible for the cost of any fuel oil delivered and any charge for refiring the burner, incurred by the Township.
[1971 Code § 13-11.4]
Neither the Township nor any of its employees shall be liable for any damages to any person or property in enforcing this section except for the gross negligence or malfeasance of any official, officer or employee of the Township, and under no circumstances shall the Township be held liable for damages from the lack of heat in the residential property.
[1971 Code § 13-11.5]
The provisions of this section shall not apply to owner-occupied residential rental properties containing five units or less.