[Ord. #2014-4 § 1]
Shall mean the fee for the registration year.
Shall mean three or more convictions for violating the Township's
Property Maintenance Code.
Shall mean those persons who have leased the rental unit
from the owner regardless of the type of tenancy under which they
occupy the unit and any person residing in the rental property.
Shall mean any person(s), estate, trust, corporation or business
entity that is an owner and offers a rental unit to the public for
rent or the owner's agent, if any.
Shall mean any person who owns any legally cognizable interest
in any rental property including but not limited to outright ownership,
ownership through a trust, estate, partnership, corporation or limited
liability company.
Shall mean the owner uses the dwelling as their primary residential
living unit.
Shall mean any structure or building which contains one or
more individual residential rental units other than owner-occupied
rental units.
Shall mean and include that portion of a dwelling, building
or structure rented or offered for rent, for living and dwelling purposes
to individuals or family units.
Shall mean to live or dwell permanently or continuously for
five or more days; to occupy a place as one's domicile.
[Ord. #2014-4 § 2]
Prior to offering a rental unit to the public for rent, the
owner of the rental unit shall file an annual Rental Property Registration
Statement with the Township Clerk. Once received along with the required
registration fee by the Township Clerk, the statement shall constitute
a valid license to operate the described rental unit for the prescribed
term. The Township Clerk shall provide a copy of all valid licenses
to the Township Construction and Zoning Officials, the Fire Chief,
the Rescue Squad Chief and to the local School Boards.
The filing of such a Registration Statement shall be in lieu of filing any business registration otherwise required for the rental unit by the owner of the rental unit pursuant to Tabernacle Township Revised Ordinances at Section 4-5. All dwelling units/trailers which are properly registered in any mobile home park and all temporary farm labor housing units are exempt from any requirement to file a Rental Property Registration Statement as such is required hereunder.[1]
[1]
Editor's Note: The Rental Unit Registration Statement may
be found in the Township offices.
[Ord. #2014-4 § 2]
The Rental Property Registration Statement shall be filed on
or before January 15th of each calendar year and will expire on January
14th of each year.
[Ord. #2014-4 § 2]
The Rental Property Registration Statement shall include:
a.
The name of the operator and contact information (including telephone
number) for the operator, including the name and address of a person
who resides in New Jersey and who is authorized to accept notices
from a tenant and/or a municipality (including service of legal process)
on behalf of the record owner.
b.
The name and address of the operator's managing agent, if any, and
if applicable, the name, address and telephone number of the superintendent,
janitor, custodian or other person employed to provide regular maintenance
services, and the name, address and telephone number of an individual
representative of the record owner or managing agent who may be reached
or contacted at any time in the event of an emergency affecting the
dwelling or any dwelling unit, including such emergencies as the failure
of any essential service or system, and who has authority to make
emergency decisions concerning the building or unit, including the
making of repairs.
c.
The name and gender of each adult named in the written or verbal
lease for the rental unit and each adult known by the operator to
be residing in the rental unit.
d.
Upon initial registration of each rental unit, the operator shall
provide a floor plan of the unit, which shall depict the number, dimensions
and location of each room in the unit. No space shall be used for
sleeping purposes which has not been so designated as a sleeping area
on the sketch provided by the owner and approved by the Construction
Official or Zoning Officer which shall be on file with the Construction
Official or Zoning Officer. If there has been no change in the floor
plan since the prior submission of a Registration Statement, the operator
may provide a certification to the Township to that effect. If such
a certification is provided, the operator shall not be required to
provide an additional floor plan in subsequent years.
[Ord. #2014-4 § 2]
In the event a tenancy changes during the year, the operator
shall, within 30 days of the change in tenancy, provide an updated
Rental Property Registration Statement for every rental unit in which
a change in tenancy has occurred. This shall be in addition to the
requirements for obtaining a Certification of Occupancy for the change
of the tenancy. There shall be no additional charge for submitting
this Registration Statement update.
[Ord. #2014-4 § 2]
On an annual basis, each operator will be required to pay a
single Registration Statement Fee for each and every rental property.
(The "Registration Statement Fee"). The initial Registration Statement
Fee shall be $50 and then as detailed in the Township's Fee Ordinance
as modified from time to time. Rental properties with more than one
rental unit will be charged an additional $50 for every additional
rental unit existing in the rental property.
[Added 4-24-2023 by Ord.
No. 2023-1]
This section implements the provisions of P.L. 2022, c.92, requiring
owners of rental units, and owners of owner-occupied multi-family
units to maintain certain liability insurance minimums, and requiring
the creation of a municipal business insurance registry.
[Added 4-24-2023 by Ord.
No. 2023-1]
a.
Business owners or owners of rental units located in the Township
of Tabernacle must maintain liability insurance for negligent acts
and omissions, at a policy minimum of $500,000 for combined property
damage and bodily injury to or death of one of more persons in any
one accident or occurrence.
b.
Owners of multi-family dwellings located in the Township of Tabernacle,
with four or fewer units, of which one unit is owner-occupied, must
maintain liability insurance for negligent acts and omissions, at
a policy minimum of $300,000 for combined property damage and bodily
injury to or death of one of more persons in any one accident or occurrence.
[Added 4-24-2023 by Ord.
No. 2023-1]
a.
Owners subject to the minimum liability insurance requirements provided in this chapter must annually register a certificate of insurance issued by the owner's insurance company to demonstrate compliance with subsection 21-2A.2.
b.
To complete annual registration, the owner must file following documents
with the Code Enforcement Office:
1.
Valid certificate of insurance supplied by the insurance company
that issued the policy;
2.
Business name, if applicable;
3.
Name of business owner or property owner;
4.
Address of business or property;
5.
Email address of property owner;
6.
Date of issuance and expiration of insurance policy;
7.
Contact information for business or property owner; and
8.
$50 registration fee.
c.
$50 registration fee is due upon submission of the registration documents
(paragraphs a-h above).
[Added 4-24-2023 by Ord.
No. 2023-1]
Upon satisfaction of the registration requirements in subsection 21-2A.3, the Code Enforcement Office shall issue a certificate of registration to the owner. This certificate of registration shall act as proof of compliance with this Chapter. A certificate of registration shall be valid for one calendar year.
[Added 4-24-2023 by Ord.
No. 2023-1]
All documents listed in subsection 21-2A.3 paragraphs a-h must be submitted each year annually, no later than January 31 of the applicable year. However, the registration fee for renewal will be $15. The registration shall then be renewed for an additional year.
[Added 4-24-2023 by Ord.
No. 2023-1]
If an owner fails to maintain the required level of insurance
or fails to file annual registration by January 31, a late notice
will be mail incurring a late fee of $20; if payment is not made by
February 28, an additional notice will be mailed incurring a late
fee of $30; if payment is not made by March 31 a final notice will
be mailed incurring a late fee of $40. If notice is not filed by April
30 the Township may impose a fine against the owner of not less than
$500 but no more than $5,000 by way of summary proceeding pursuant
to N.J.S.A. 2A:58-10.
[Ord. #2014-4 § 3]
All rental properties may be inspected by persons or agencies duly authorized by the Township for inspections for purposes of determining Zoning Ordinance compliance and to determine if the rental property or rental unit complies with applicable ordinances, statutes and regulations, including but not limited to, the Property Maintenance Code, Health Code, Housing Code and Fire Code. Nothing contained in this section shall limit the Operator's obligation to make payment of the Registration Statement Fee and to file Registration Statement(s) in compliance with Section 21-2.
[Ord. #2014-4 § 3]
The Township shall provide notice to affected operators at the
address given on the Registration Statement, of the scheduling of
inspections. In that notice, the Township shall identify each property
to be inspected and the date and time that the property will be subject
to inspection. Absent good cause shown by the licensed registered
operator, the inspection of the identified rental property shall take
place on the noticed date and time. Notice of the inspection schedule
shall be made by mailing the operator's authorized agent such notice.
It shall be the obligation of the operator to notify the tenant of
the scheduled inspection.
[Ord. #2014-4 § 3]
Upon proper notice, the operator and tenant(s) shall make the
rental property available for such inspections. The operator and tenant(s)
have a duty to cooperate in facilitating these inspections. It is
understood that it may be necessary to reschedule inspection appointments
based on scheduling conflicts with the operators and/or the tenants.
Inspection appointments may be changed upon two weeks' notice. In
the event a mutually convenient time and date cannot be agreed upon
between the tenant, operator and inspector, the inspector shall have
the authority to schedule the appointment to meet the inspector's
schedule and the operator shall cooperate and allow the inspection.
[Ord. #2014-4 § 3]
Inspections shall be made in accordance with the consent of
the occupant(s) who is/are of legal age to grant such consent, or,
absent tenant consent, with the operator's consent or with a court
order, unless there is reason to believe that a violation exists which
poses an immediate threat to health or safety, requiring inspection
and abatement without delay. Failure to grant consent on the part
of the operator after proper notice shall constitute a violation of
this Chapter.
[Ord. #2014-4 § 3]
In the event that the inspection(s) of a rental property does
not result in a satisfactory result, the operator shall cause all
necessary repairs or corrections to be made as per the Township notice
of violation or provide proof that the operator has commenced legal
or administrative proceedings to cure the violation. Prior to the
issuance of a summons, the operator shall have, consistent with State
statute, 30 days to cure non-health and safety related violations
and 10 days to cure health and safety related violations, other than
overcrowding, for which a summons may issue immediately. An operator's
failure to make repairs or corrections within the required time period
may be deemed a violation of this ordinance and every day that the
violation continues shall constitute a separate and distinct violation
subject to the penalty provisions herein.
[Ord. #2014-4 § 3]
The refusal of entry for a properly noticed inspection shall
be a violation of the within section for which a summons may issue.
[Ord. #2014-4 § 4]
No person shall occupy or reside in any rental unit, nor shall
the operator permit occupancy of any rental unit unless the rental
property is properly registered and the Rental Unit is identified
on a properly filed Rental Property Registration Statement.
[Ord. #2014-4 § 4]
The Township shall maintain and the operator shall post the
maximum number of occupants for a rental unit in a conspicuous area
within the rental unit. In every written lease for each rental unit,
the operator shall include a statement setting forth the maximum number
of residents permitted in the unit and the location of designated
and permitted sleeping areas.
[Ord. #2014-4 § 4]
It shall be a violation of this section for any person to (a)
fail to file the Rental Property Registration Statement; (b) fail
to post and provide the appropriate Notice(s) of Occupancy; (c) fail
to cooperate with the municipality in scheduling a requested inspection;
and (d) permit a rental property or rental unit to be occupied in
a manner which constitutes a nuisance.
[Ord. #2014-4 § 5]
The provisions of the Chapter shall not apply to Public Housing
Authorities, Not For Profit Housing Corporations, and rental property
restricted to senior housing or housing for the developmentally disabled.
[Ord. #2014-4 § 6]
Failure to comply with any of the provisions of this Chapter
may result in the imposition of a fine in the amount of not more than
$1,250.00. In addition to the fine set forth above, the Court may
impose imprisonment for a term not exceeding 90 days, or a period
of community service not exceeding 90 days, or both. It shall be deemed
a separate and distinct violation, subject to the penalty provisions
of this Chapter, for each and every day that such violation continues
and for each and every rental property and/or rental unit for which
the violation continues.
