[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. A true copy of the lease agreement setting forth the name, permanent
address and telephone number of each tenant.
b. 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:
a. A true copy of the rental certificate of occupancy shall be posted
within the rental unit in a location approved by the issuing officer.
b. An abstract of this section and its penalty provisions shall be posted
in each rental unit in a location approved by the issuing officer.
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]
a. 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.
b. 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:
a. Fully completes the form required by the Code Official for such applications,
which shall include at a minimum, the following information:
1. The street address and the tax map lot and block numbers of the premises.
2. The names and mailing addresses and emergency contact telephone numbers
of all owners of the premises.
3. The name, mailing address, and daytime telephone number of the person
signing the application.
4. Submits the certificate of occupancy inspection fee as required under Section
11-1, Rental Certificate of Occupancy.
5. 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.
6. 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:
(a)
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;
(b)
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
(c)
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.
X__________
X__________
X__________
X__________
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 § 11]
The following special trash and recyclable regulations shall
be applicable to the landlords and tenants of all rental licensed
dwelling units:
a. Storage and Disposal of Trash and Recyclables.
1. 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.
2. 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.
3. 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.
4. 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.