[Section 11-1 was adopted by Ordinance No. 541 § 4 and amended at the time of adoption. Amendments noted where applicable.]
The owner of any residential rental structure or unit or his agent, as defined herein, who intend(s) to rent or lease all or any part thereof as a residential rental unit shall make application to the Code Official for the issuance of a rental certificate of occupancy on such form and provide such information as may be required by the Code Official. The application shall be filed with the Code Official not later than four days after the date on which the owner of any residential rental unit shall execute the lease or enter into a binding agreement to lease the rental unit.
The application shall have attached to it either of the following:
A true copy of the lease agreement setting forth the name, permanent address and telephone number of each tenant.
An abstract of the lease agreement, setting forth the name, permanent address, and telephone number of each tenant, and the period for which the unit is being leased to such tenant. The abstract of the lease shall be verified by an affidavit signed by the landlord or an authorized agent of the landlord.
The Code Official and/or his duly authorized agents shall conduct an inspection of the rental residential unit within 15 days after the filing of the application. Any reinspection(s) as provided herein shall be made within 10 days from the date the Code Official is notified in writing by the applicant that the violations cited have been abated.
The minimum application fee for each residential unit shall be $100. All rental units in excess of five bedrooms will be charged an additional $10 per room to a maximum of $100. Reinspection fees will be $50 per inspection.
Notice of any violations as a result of the aforesaid inspection(s) shall be provided in accordance with Section 106 of the Property Maintenance Code as adopted by Chapter 13. Upon correction of the violations, the applicant shall notify the Code Official in writing of same, and reinspection shall be made upon payment of the appropriate fee.
Upon the completion of satisfactory inspection, the Code Official shall forthwith issue a rental certificate of occupancy which shall be valid for a minimum of one year. If, at the time of application for the certificate of occupancy, the landlord and the proposed tenant have entered into a lease agreement in excess of one year, the Code Official may issue a certificate of occupancy for the entire term of the lease, or until there be a change in tenant occupancy, whichever is sooner.
In the event that a change in tenant occupancy occurs, at any time, the landlord shall be required to comply with the filing requirements set forth in subsection 11-1.1.
If at any time, a landlord shall enter into a lease agreement, which by its terms will extend beyond the termination date of the last certificate of occupancy, the landlord, prior to the commencement of the tenant's occupancy shall apply for and have issued a rental certificate of occupancy as provided herein.
During the rental period:
If subsequent to the issuance of a rental certificate of occupancy, the Code Official or his duly authorized agents have cause to believe a violation of this Code exists, an inspection shall be made of the subject premises. If violations are found to exist, the provisions of Section 100 of the Property Maintenance Code as adopted by Chapter 13 of the Borough Code shall apply. In addition thereto, if cited violations are not abated within 10 days from the service of notice, the rental certificate of occupancy shall be revoked by the Code Official by mailing a notice of revocation by certified mail to the owner and to the tenants of the premises. Thereafter, the premises shall be immediately vacated, provided, however, that the Code Official shall have the discretion to allow a longer period of time for the correction of violations if warranted and reasonable under the circumstances.
A rental residential structure or unit is defined as any dwelling, dwelling unit, rooming unit, building or structure permitted to be possessed or occupied by a person who shall be the legal owner, equitable owner or party in actual control of the unit, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land for all or any part of any given year.
[Ord. No. 19-2012 § 3; Ord. No. 02-2013]
All owners of property in the Borough renting properties shall annually obtain a property rental permit. The fee shall be $250. A rental permit shall be obtained prior to the commencement of any tenancy.
Change in Tenancy Fee. All owners of property in the Borough obtaining a rental permit must report any change in tenancy to the Code Official within 10 days of the date of the change in tenancy by submitting a revised tenancy report form accompanied by a fee of $25 for each change.
[Ord. No. 19-2012 § 4]
Applications for a rental permit shall be made in writing, on forms prescribed by the Code Official. Applications for rental permits shall not be deemed complete by the Code Official unless the applicant:
Fully completes the form required by the Code Official for such applications, which shall include at a minimum, the following information:
The street address and the tax map lot and block numbers of the premises.
The names and mailing addresses and emergency contact telephone numbers of all owners of the premises.
The name, mailing address, and daytime telephone number of the person signing the application.
Submits the certificate of occupancy inspection fee as required under Section 11-1, Rental Certificate of Occupancy.
Provides proof that property taxes, assessments against the property, municipal water and sewer charges, and any other municipal charges or assessment pursuant to N.J.S.A. 40:52-1.2 are current.
Provides a certification in lieu of an affidavit, on a form to be furnished by the Code Enforcement Officer, in which the property owner acknowledges that he or she has:
Retained a fully executed copy of any lease agreement executed by all adult persons who will be tenants of the dwelling unit and has provided the Borough Code Enforcement Officer with a true copy of same for retention by the Borough or alternatively has provided the Borough with a list of permitted tenants where there is no written lease;
Obtained and retained a true and correct copy of the driver's license or, if not available, alternative proof of identification, for each adult tenant; and
Obtained and attached to the certification in lieu of an affidavit of the property owner required by this section, a certification in lieu of an affidavit completed by each tenant of the dwelling unit stating that they are aware of the total occupancy limits applicable to the licensed premises. In addition, the certification of the tenant shall contain substantially the following language:
READ THIS IMPORTANT NOTICE
The undersigned intend to rent premises located at __________. I/We understand that the maximum permitted occupancy of this rental property is _____ persons. I understand that occupancy by a number of persons greater than this maximum limit is a violation of Borough ordinance and shall result in the issuing of a summons which carries a fine of $265 for each tenant of the dwelling unit at the time the occupancy limit is exceeded.
I/We further understand that rental occupancy limits are strictly enforced, and that they apply to all occupants of rentals regardless of whether they are tenants or guests.
I/We also understand that if there are two or more instances of any tenant of this property being convicted of any violation of the State Criminal Code or local Borough Ordinance for conduct occurring on or in proximity to the rented premises within any twenty-four-month period the Borough may institute proceedings against the Landlord to require a bond to secure the costs attributable to responding to any future violations.
I/We certify, swear and affirm, under oath, that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
The property owner shall be required to maintain in his possession and control the documents and information described above during all times that the tenants, or any of them, are in possession of the dwelling unit and for at least one year following the termination or expiration of the Rental Permit issued in connection therewith.
All information and documentation required to be provided pursuant to this section shall be deemed material. Any person who knowingly misstates any fact therein shall be subject to criminal prosecution. Any Rental Permit that is issued on the basis of false information or documentation shall be subject to revocation.
[Ord. No. 19-2012 § 5]
No rental permit shall be issued by the Code Official unless the premises has first been inspected and determined to be in full compliance with all applicable laws including all applicable provisions of the Borough Code and a certificate of occupancy has been issued.
[Ord. No. 19-2012 § 6]
All terms herein shall have the meaning set forth in N.J.S.A. 40:48-2.12o.
As authorized by N.J.S.A. 40:48-2.12n, et seq., as may be amended from time to time, if in any twenty-four-month period two complaints, on separate occasions, of conduct upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction as a violation of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance governing disorderly conduct, the municipal Governing Body or any officer or employee of the municipality designated by the Governing Body for the purpose, may institute proceedings to require the landlord of those premises to post a bond against the costs incurred by the Borough in responding to future incidents of the same character.
In the event a tenant is convicted of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance governing disorderly conduct the Governing Body, or the officer or employee designated thereby, shall cause notice to be served on the owner, in person or by certified mail, at the owner's address indicated on the Borough tax records advising that the conduct specified has occurred.
The Governing Body or person designated shall also cause to be served upon the owner, in person or by certified mail at the address listed in the Borough tax records, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter.
At the hearing, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord may present. The hearing officer may consider prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this section.
Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based. Such bond shall be adequate in the case of subsequent offenses to make reparation for (1) damages likely to be caused to public property; (2) securing the payment of fines and penalties likely to be levied for such offenses; and (3) compensating the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior. No such bond shall be in an amount less than $500 or more than $5,000. The municipality may enforce the bond thus required by action in the Superior Court, and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in form and amount satisfactory to the municipality has been deposited with the municipality.
A bond or other security required shall remain in force for a period of four years. Upon the lapse of the specified period the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had in accordance with N.J.S.A. 40:48-2.12r, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer.
The municipal Governing Body shall make provision for the hearings and decisions made thereunder to be conducted and decided by a licensed attorney of this State who shall not be an owner or lessee of any real property within the municipality, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
[Ord. No. 19-2012 § 7]
If during the period for which a landlord is required to provide security a substantiated complaint of a violation of Title 2C or the Borough Code arising from the conduct of a tenant is recorded against the property in question, the Governing Body or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension (as provided in N.J.S.A. 40:48-2.12q) of the period for which such security is required, or for an increase in the amount of security required, or for any or all of those purposes.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in N.J.S.A. 40:48-2.12q. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in N.J.S.A. 40:48-2.12q, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this act effectually. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in N.J.S.A. 40:48-2.12q.
[Ord. No. 19-2012 § 8]
The following activities are prohibited:
Kitchens, nonhabitable spaces and interior public areas shall not be occupied for sleeping purposes.
No vehicles shall be parked on lawns.
No locks shall be placed on the outside of any bedroom doors.
It shall be unlawful for the number of adults in a rental premises to exceed the maximum permitted occupancy as calculated by the Code Official. All tenants of a dwelling unit shall be issued a summons for any such violation.
No barbeques shall be located upon any front porch or within any front yard area.
No person shall sleep on a front porch between the hours of 11:00 p.m. and 9:00 a.m.
Penalty. Any violation of this subsection shall be punishable by a fine of not less than $250 together with court costs.
[Ord. No. 19-2012 § 9]
No bedroom door in any dwelling unit shall be equipped with a padlock, combination, or keyed lock that is designated or intended to be locked from the outside of the bedroom.
The smoke detectors in every dwelling unit shall be in working order at all times.
Each structure that contains one or more dwelling units having a combined maximum permitted occupancy of eight persons or more, shall meet or exceed the following requirements:
Every interior common area in the structure shall be equipped with an approved smoke detection system, which system shall be powered by an alternating current ("AC") constantly active electric circuit that cannot be deactivated by the operation of any interconnected switching device and shall comply with NFPA 70-93 (National Electrical Code) requirements;
Every structure containing sleeping rooms on a third floor or higher, which floor is located more than 16 feet above the ground, must have an approved fire escape in addition to an approved means of egress;
All doors in the structure opening onto a passageway at grade or exit stair shall be self-closing or automatic closing;
No curtains, sheets, cardboard or any other material of any kind shall be used to erect temporary partitions between beds or sleeping areas in any rental licensed dwelling unit.
Violations. In the event of a violation of any of the provisions of paragraphs a or b above, the owner(s) of the property shall be subject to a fine of not less than $250 plus court costs. In the event of a violation of paragraph c of this subsection, the owner(s) of the property shall be subject to a fine of not less than $1,000 each, plus community service. In addition to the foregoing, the Code Official shall immediately, upon discovering any violation of paragraphs a, b or c of this subsection or any other condition or hazard that creates a health or fire hazard to the occupants of the property, order that the dwelling unit be vacated, and shall placard the same, and shall prohibit reoccupancy of the premises until such time as the unsafe condition has been corrected and the Borough Fire Inspector and/or Borough Code Enforcement Officer have reinspected the property and determined that the unsafe condition has been corrected and that the property is otherwise safe from fire and other hazard.
[Ord. No. 19-2012 § 10]
No cooking equipment, including but not limited to barbeque grills, charcoal grills, hibachi grills, propane and other gas fueled grills, shall be used on any porch balcony, deck or other similar portion of a building or under any building overhang.
No outdoor cooking equipment, including those specifically listed above, shall be used within any room or space of a building, or if outside of a building within five feet of any combustible exterior wall, or within five feet vertically or horizontally of an opening in any wall.
There shall be no storage of propane or any other fuel on any porch, balcony, deck or other similar portion of a building, within any room or space of a building, or if outside of a building within five feet vertically or horizontally of an opening in any wall.
Violations; Penalties. Any violation of this subsection upon conviction thereof, shall be punishable by a fine of $100 for the first offense and $200 for the second offense. Third and subsequent offenses shall require a Court appearance and may result in a fine up to the maximum limits of the Court, and in addition to a fine, imprisonment for a term not to exceed 90 days, both in the discretion of the Court.
[Ord. No. 19-2012 § 11]
The following special trash and recyclable regulations shall be applicable to the landlords and tenants of all rental licensed dwelling units:
Storage and Disposal of Trash and Recyclables.
Disposal of Household Trash. All household trash, garbage, rubbish and waste shall be deposited in plastic bags securely closed and fastened with ties, and placed at curbside not earlier than 6:00 p.m. each Sunday and not later than 6:00 a.m. each Monday, from May 1 through September 30.
Disposal of Recyclables. All recyclable bottles, cans and plastic containers shall be deposited in plastic bags securely closed and fastened with ties, and placed at curbside not earlier than 6:00 p.m. the day preceding recycling day. All other materials that are required to be recycled shall be deposited at the Borough Recycling Center.
Household Trash and Recyclables to be Separated. No household trash, garbage, rubbish, or waste shall be disposed of in plastic bags containing any recyclable bottles, cans or plastic containers.
Storage of Trash and Recyclables. When not placed at curbside, all trash and recyclables shall be stored in a location on the premises where they will not be visible from the street or sidewalk, and where they will not be located within 10 feet of any window or door of a dwelling on an adjacent property.
[Ord. No. 19-2012 § 12]
The provisions of this section shall be enforced by the Borough Code Enforcement Officer or Borough Police.