Unless the context clearly indicates a different meaning, the following words or phrases, when used in this article, shall have the following meaning:
AGENT
The individual or individuals designated by the owners as the person(s) authorized by the owner to perform any duty imposed upon the owner by this article. 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.
APARTMENT or DWELLING
Any apartment, cottage, bungalow, any room or rooms in a rooming/boarding house or other dwelling unit, consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office or the operation of any industry or business or for any other type of independent use.
COMMERCIAL
Related to or connected with trade and traffic or business and commerce.
COMMERCIAL UNIT
A building or structure, or any part thereof, used for the manufacturing, processing or assembling of material or manufactured products, or for research, office, industrial, commercial, retail, service, recreational, hotel or motel facilities, or for warehousing purposes, or for any combination thereof.
DWELLING UNIT
Any room or rooms or suite or apartment, including any room or rooms in a rooming/boarding house, 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.
LICENSE
The license issued by the Borough Clerk, or designee, attesting that the rental unit has been properly registered in accordance with this article.
LICENSEE
The person to whom the license is issued pursuant to this article. The term "licensee" includes within its definition the term agent, where applicable.
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 rental facility.
PERSON
An individual firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting of less than three dwelling units and has sleeping facilities for less than 25 occupants, 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.
RENTAL UNIT
A dwelling unit or commercial unit which is available for lease or rental purposes. "Rental unit" shall not include that portion of rental facility occupied by the owner.
All rental units shall hereafter be registered with the Borough Clerk, or designee, of the Borough of Woodlynne, or such other person as designated by the Mayor, on forms which shall be provided for that purpose, and which shall be obtained from the Borough Clerk, or designee. Such registration shall occur on an annual basis, as provided herein.
Each rental unit shall be registered with each change in occupancy. The license term shall commence on January 1, 1998, and shall be valid for a calendar year, at which time it shall expire and a new registration shall be required. Any lease which had been executed prior to the adoption of this article shall not be affected, but the rental unit must nevertheless be registered, inspected and licensed in accordance with this article. No rental unit shall hereafter be rented unless the rental unit is registered and licensed in accordance with this article.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered and licensed, as provided herein. Every owner shall file with the Borough Clerk, or designee, of the Borough of Woodlynne, or such other person as designated by the Mayor, a registration from each unit contained within a building or structure, which shall include the following information:
A. 
The name and address of the record owner or owners of the premises and the record owner or owners of the rental business, if not the same persons. In the case of a partnership, the name and address of all general partners shall be provided, together with the telephone numbers for each of such individuals where such individual may be reached both during the day and evening hours.
B. 
If the address of any record owner is not located in Woodlynne or in Camden County, the name and address of a person who resides in Camden County and who is authorized to accept notices from a tenant and to issue receipts therefore and to accept service of process on behalf of the record owner.
C. 
The name and address of the agent of the premises, if any.
D. 
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.
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 an 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.
F. 
The name and address of every holder of a record mortgage on the premises.
G. 
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.
H. 
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 Borough Clerk or designee.
I. 
Such other information as may be prescribed by the Borough of Woodlynne.
The Borough Clerk or designee shall index and file the registration forms. In doing so, the Borough Clerk 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 extent that it applies to the property being registered, and will also satisfy the registration requirements of this article. The owner shall post the certificate of inspection or license.
Every person required to file a registration form pursuant to this article shall file an amended registration form within 20 days after any change in information required to be included thereon. No fee shall be required for the filing of an amendment, except where the ownership of the premises is changed.
A. 
Each rental unit shall be inspected at least once every twelve-month period.
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Woodlynne, and inspections made by persons or an agency other than the duly authorized and appointed person, persons, or agency of the Borough of Woodlynne shall not be used as a valid substitute.
C. 
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 Property Maintenance Code, Uniform Construction Code, BOCA Maintenance Code, Housing Code and/or Building Code and or Uniform Fire Safety Act.
D. 
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, nor shall a license issue, 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, registered and licensed. 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 article, and every day that the violation continues shall constitute a separate distinct violation, subject to the penalty provisions of this article. The owner, however, shall be permitted to apply for extension of time to make repairs or corrections so as to comply with this article, for good cause shown.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming/boarding houses, in order that they may promote the purpose of this article to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming/boarding houses and of the general public. For the purpose of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units and rooming/boarding houses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming/boarding house shall give the inspecting officer free access to the rental facility, rental unit and rooming/boarding house at all reasonable times, for the purpose of such inspections, examinations and surveys.
B. 
Every occupant shall give the owner of the rental facility, rental unit and rooming/boarding house access to any part of such rental facility, rental unit and rooming/boarding house at all reasonable times for the purpose of making such repairs or alterations, as are necessary, to effect compliance with the provisions of this article or any lawful order issued pursuant thereto.
C. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this article, an inspecting officer shall conduct an inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Woodlynne, which is not registered and licensed in accordance with this article.
Upon the filing of a completed registration form and payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a license commencing on the date of issuance and expiring on the same day of the next calendar year. A registration form shall be required for each rental unit, and license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
A. 
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:
(1) 
An annual registration fee as follows:
(a) 
$100 per unit.
(b) 
$50 fire inspection per unit.
(2) 
A reinspection fee as follows:
(a) 
First reinspection:
(b) 
Second reinspection:
(c) 
Third reinspection:
(d) 
Fourth or subsequent reinspection:
B. 
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 fee.
C. 
If any fee is not paid within 30 days of its due date, a late fee surcharge of $30 will be assessed.
D. 
Cancellation fee. If the owner of the property does not notify the rental inspector within 24 hours of a need to reschedule an appointment, said owner shall be charged $25 for a cancellation fee.
[Added 1-13-2011 by Ord. No. 2010-13]
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this article. 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 section may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
A. 
The maximum number of occupants shall be posted in each 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 to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this section shall be subject to the penalty provisions of this article.
B. 
Only those occupants whose names are on file with the Borough of Woodlynne, as required in this article, may reside in the licensed 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 this article.
All dwelling units shall be maintained in accordance with the provisions in effect of the Uniform Construction Code and the BOCA National Property Maintenance Code.
A. 
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this article, may reside in the licensed 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.
B. 
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 Code of the Borough of Woodlynne.
C. 
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 all applicable ordinances and regulations of the Borough of Woodlynne, and with all applicable state and federal laws.
D. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of this article.
A. 
Grounds. 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 or more of the following:
(1) 
Conviction of a violation of this article in the Municipal Court or any other court of competent jurisdiction.
(2) 
Determination of a violation of this article at a hearing held pursuant to Subsection B below herein.
(3) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of Chapter 419, Noise, of the Borough Code.
(4) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(5) 
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 person or property.
B. 
Procedure; written complaint; notice; hearing.
(1) 
A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: Director of Public Safety, Chief of Police, Construction Code Official, Housing Inspector, the Zoning Enforcement Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Clerk 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.
(2) 
Upon the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Borough, and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter. The Borough Clerk 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.
(3) 
The hearing required by this section shall be held before the Borough Council, unless, in its discretion, the Borough Council determines that the matter should be heard by a hearing officer, who shall be appointed by the Borough Council. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Borough Council within 30 days of the conclusion of the hearing. The Borough Council 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 Borough Council, then the Borough 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 license or determining that the license shall not be renewed or reissued for one or more subsequent license years.
(4) 
A stenographic transcript 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.
(5) 
The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
C. 
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 guest for recovery of the premises, eviction of the tenant(s) or otherwise.