[Added 5-1-2017 by Ord. No. 17-10]
The purpose of this article is to provide for the annual registration of all non-owner-occupied single-family structures, multifamily structures and rental room(s).
[Added 5-1-2017 by Ord. No. 17-10]
As used in this article the following terms shall have the meanings indicated:
DWELLING UNIT
Any room, rooms, site, 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.
MULTIFAMILY STRUCTURE
Structure with multidwelling units.
OWNER-OCCUPIED
Principal residence of owner(s).
SINGLE-FAMILY STRUCTURE
Structure with a single dwelling unit.
[Added 5-1-2017 by Ord. No. 17-10]
a. 
The owner(s) of all two-family structures and nonowner-occupied single-family structures shall register their structures annually with the Borough Code Enforcement Bureau on forms specified by the Borough of Fairview.
b. 
The owner(s) of all two-family structures and non-owner-occupied single-family structures shall register with the Borough Code Enforcement Bureau whenever a change in occupancy occurs during the annual registration period.
[Added 5-1-2017 by Ord. No. 17-10]
a. 
The owner(s) of all two-family structures and nonowner-occupied single-family structures shall submit to an annual inspection of the structure for compliance with New Jersey State statutes and Borough of Fairview ordinances by the Code Enforcement Official or his designee. If the tenant refuses to permit an inspection, the Code Enforcement Official shall obtain a proper warrant or other remedy provided by law to secure entry.
b. 
The owner(s) of all two-family structures and nonowner-occupied single-family structures shall submit to an inspection whenever a change in occupancy occurs for compliance with New Jersey statutes and Borough of Fairview ordinances by the Code Enforcement Official or his designee.
c. 
The provisions of this section shall be waived for any unit in a two-family structure that is occupied by an owner of the property.
d. 
The provisions of this section shall be waived for owner(s) of any two-family structures or non-owner-occupied single-family structures who receive deductions from the Borough of Fairview Tax Program for their status as senior citizens and/or veterans.
[Added 5-1-2017 by Ord. No. 17-10]
a. 
The minimum registration fee shall be $50.
b. 
The registration and re-registration fees shall be as follows:
1. 
Non-owner-occupied residential structure: $50.
2. 
Multifamily residential structure (each rental unit): $50.
c. 
The registration and re-registration fee shall be waived for all senior citizens and veterans who qualify and have been approved for the New Jersey State Senior Citizens Property Tax Deduction pursuant to N.J.S.A. 54:4-8.43 or the Veteran's Property Tax Deduction pursuant to N.J.S.A. 54:4-8.13.
d. 
After the first year has passed following enactment of the fees, failure of any homeowner who would otherwise qualify for waiver of the registration or re-registration fee under Subsection c herein to comply with the other requirements of this article shall forfeit said fee waiver permanently.
[Added 5-1-2017 by Ord. No. 17-10]
The owner(s) of all two-family and non-owner-occupied single-family structures shall, no later than February 15 of each calendar year, submit an annual registration with the Borough Code Enforcement Official or his designee on form(s) specified by the Borough of Fairview, and to schedule an annual compliance inspection at that time.
[Added 5-1-2017 by Ord. No. 17-10]
a. 
Any owner(s) who is not in compliance with this article shall receive written notice from the Borough Code Enforcement Official, or his designee, to bring the property into compliance within 30 days of the date of said notice.
b. 
Any owner(s) who fails to comply with the written notice of the Borough Code Enforcement Official, or his designee, is subject to a municipal summons and the penalties set forth in Subsection h herein.
[Added 5-1-2017 by Ord. No. 17-10]
a. 
First offense: $500.
b. 
Continuing and subsequent noncompliance: $1,200.
[Added 5-1-2017 by Ord. No. 17-10]
Structures subject to registration under N.J.S.A. 55:13B-1 et seq. are exempt from compliance with this article.
[Added 5-1-2017 by Ord. No. 17-10]
a. 
The Mayor and Council of the Borough of Fairview hereby finds and declares that there has been a proliferation of what are commonly known as "illegal apartments," meaning residential dwelling units which are occupied in violation of zoning laws. Most typically, these illegal apartments manifest themselves as a second residential unit in a building in a one-family zone, and a third residential unit in a building in a two-family zone.
b. 
The Mayor and Council hereby further find and declare that such illegal units have a deleterious effect on the quality of life of Borough residents, require the provision of Borough services, increase the utilization of Borough programs and services, contribute to the costs of the Borough by increasing the generation of refuse (garbage) and sewer flow, contribute to overcrowding, generate traffic within the Borough, generate automobiles which contribute to parking shortages throughout the Borough, lead to the maintenance of dwelling units which often fail to meet health, safety and building code standards. By their nature, such units generally escape taxation as their maintenance and existence is normally hidden and not used for tax assessment purposes. The use and maintenance of said illegal apartments is also unfair to the vast majority of Borough residents who abide by zoning laws.
c. 
The Mayor and Council wish to eliminate illegal dwelling units within the Borough of Fairview, prevent them for reoccurring and wish to establish specific guidelines for those who profit from illegal housing.
[Added 5-1-2017 by Ord. No. 17-10]
Upon receiving a complaint pertaining to illegal housing at a structure that has been registered under the provisions of this chapter, the Borough Code Enforcement Official shall be authorized and permitted to re-inspect said property for violations.
[Added 5-1-2017 by Ord. No. 17-10]
a. 
Any person violating any provision of this article shall be subject to a fine of not less than $500 to no more than $1,200 for the first offense, (unless the violation is addressed and corrected within 10 days of the discovery of same when in such case, the violation can be reduced to a minimal fine of $500 due to the required inspection and reinspection).
b. 
For second and subsequent violation for an illegal occupancy, as provided in this section, by any owner-landlord, the Court may impose a fine of $1,200.