[1983 Code § 148-1 ;amended 5-24-2023 by Ord. No. 23-18]
A. It shall
be unlawful for any owner or persons having possession and control
of premises, or their agents, to use, establish, maintain, operate,
or let any premises subject to the provisions of this section, entirely,
or partially for residence occupancy, where any rent is paid, charge
is made, or any benefit obtained for such use and occupancy, without
first having registered the premises with the Construction Code Official
or his designee(s) and obtaining a permit for the residential rental
use thereof. Nursing homes specifically shall be excluded from the
permitting requirements of this section. Failure or refusal to register
the premise or to procure a permit hereunder shall be deemed a violation
of this section.
B. All owners of rental unit(s) located within the Borough shall maintain
liability insurance for negligent acts and omissions in the amount
of $500,000 for combined property damage and bodily injury to or death
of one or more persons in any one accident or occurrence, pursuant
to N.J.S.A. 40A:10A-1(a).
All owners of a multifamily home(s) of four or less units, one
of which is owner occupied, that are located within the Borough, shall
maintain liability insurance for negligent acts and omissions in the
amount of $300,000 for combined property damage and bodily injury
to or death of one or more persons in any one accident or occurrence,
pursuant to N.J.S.A. 40A:10A-1(b).
C. All owners of rental unit(s) and owners of a multi-family home of
four or fewer units, one of which is owner occupied, that are located
within the Borough, shall annually register a certificate of insurance
with the Borough Clerk demonstrating compliance with N.J.S.A. 40A:10A-1,
pursuant to N.J.S.A. 40A:10A-2(a).
D. Each annual registration of a certificate of insurance for each rental
unit(s) and/or multi-family home of four or fewer units, one of which
is owner occupied shall be $25. Noncompliance with the registration
of the certificate of insurance shall result in a fine against the
owner of $500.
Noncompliance with the registration of the certificate of insurance
shall result in a fine against the owner of $500.
[1983 Code § 148-2]
Registration and application for such permit shall be made in
writing to the Construction Code Official or his designee(s) on forms
provided for such purpose and shall contain the name of the applicant/owner,
the location of the premises and the number of dwelling units to be
accommodated.
[1983 Code § 148-3]
Each application shall be accompanied by a plot plan and sketch
showing the size and location of the premises, all buildings and structures
and showing the floor plan to scale of each room in each dwelling
unit. Each bedroom, living room, dining room, living/dining room,
kitchen, and bathroom shall be identified on the floor plan. Each
application shall be executed and sworn to by the owner of the premises
or such person authorized by him to operate the premises. The submission
of an application, or renewal thereof, for a rental permit is an authorization
to the Borough of Pompton Lakes, its agents or employees to inspect
the subject premises to ensure the safety of the unit, compliance
with the Borough Code requirements, and to promote the health and
safety of the unit's occupant(s). It shall be unlawful and a violation
of this section for an owner, permittee, lessor or registered tenant
of any registered dwelling unit to allow a number of people greater
than the maximum number of people permitted to occupy the dwelling
unit.
[1983 Code § 148-5]
Before any permit is issued, the Construction Code Official
or his designee(s) authorized pursuant to this section, shall have
an opportunity to inspect the premises and shall determine that the
same comply with the provisions of this section and any other applicable
Borough Code requirements, including property maintenance requirements.
The Construction Code Official or his designee(s) shall be responsible
for and authorized to issue and serve citations and summonses for
violations of this section, and to take any other enforcement measures
within the jurisdiction of the Municipal Court. They shall be deemed
to be law enforcement officers of the Borough for the purposes of
enforcing this section and related ordinances of the Borough. All
such persons shall be required to take an oath to faithfully and impartially
perform the duties of their offices. For the purpose of making inspections,
the Construction Code Official and his designee(s) shall be authorized
to examine and survey between the hours of 9:00 a.m. and 8:00 p.m.
all dwellings, dwelling units, rooming units and premises.
[1983 Code § 148-6]
Whenever the Construction Code Official and/or his designee(s)
find that an emergency exists which requires immediate action to protect
the public health, safety, or welfare, they may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as may be deemed necessary
to meet the emergency.
[1983 Code § 148-7]
The permit shall be used for a calendar year, with all permits expiring on December 31 of a given calendar year, regardless of when issued during that calendar year. The owner shall have until January 31 of each year to file for a permit required pursuant to subsection
20-1.1.
[1983 Code § 148-10; amended 5-24-2023 by Ord. No. 23-18]
A. Each
registration and application for permit shall be accompanied by a
fee as required by the following table:
Type of Dwelling
|
Fee
|
---|
Residential detached single-family dwelling
|
$50 per dwelling
|
Residential two-family or multifamily dwelling
|
$50 for the first dwelling unit, plus $25 per additional dwelling
unit
|
Rooming or boardinghouse
|
$50 for the first dwelling unit, plus $25 per additional rooming/boarding
unit
|
Residential apartments
|
$50 for the first dwelling unit, plus $25 per additional apartment
unit
|
B. Each
annual registration of a certificate of insurance for each business,
rental unit(s) or multi-family rental units of four or fewer units,
one of which is owner occupied, shall be accompanied by a fee as required
by the following table:
Type of Dwelling
|
Fee
|
---|
Business Owner
|
$25 per business
|
Rental unit(s)
|
$25 per rental unit address
|
Multi-family home with four or fewer units, one of which is
owner occupied
|
$25 per multi-family home
|
[1983 Code § 148-11; New]
Any person, firm or corporation violating any of the provisions
of this section shall be subject to one or more of the following:
a fine not exceeding $2,000, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days. Any
person, firm or corporation who or which shall be a repeat offender
of this section shall be subject to a fine not exceeding $5,000 for
each subsequent offense, and a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days.