[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.
[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]
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.