Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning:
AGENT
The individual or individuals designated by the owner 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 is designate by the owner as his agent
is so licensed.
APARTMENT COMPLEX
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
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 shall be designed
for residence, for office or the operation of any industry or business
or for any other type of independent use.
LICENSE
The license issued by the 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 "license" 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 which
is 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 and is
meant to include apartments and apartment complexes excepting out
owner occupied duplexes.
RENTAL UNIT
Any dwelling unit of three or more units, excepting out owner-occupied
duplexes, and any building or structure of one or more stories and
any land appurtenant thereto, and any portion thereof, in which three
or more units of dwelling space are occupied, or are intended to be
occupied by three or more persons who live independently of each other.
A rental unit shall not include any unit that is used solely and exclusively
for office, business or commercial purposes.
[Amended 10-21-15 by Ord. No. 12-2015]
[Amended 10-21-15 by Ord. No. 12-2015; 2-17-16 by Ord. No. 2-2016]
All rental units consisting of three or more units of dwelling
space shall hereafter be registered with the Clerk or designee of
the Borough of Woodbury Heights or such other person as designated
by the Borough Council, on forms which shall be provided for that
purpose and which shall be obtained from the Clerk or designee. It
shall be required that such registration take place on an annual basis
every year as provided herein.
The initial registration shall occur no sooner than 60 days
following the adoption of this Article. Initial registrations must
be made upon 45 days' written notice to the owner. Notice shall
be made by regular mail to the last known address as on record with
the Borough Tax Collector. Any lease which has been executed prior
to the adoption of this Article (April 20, 2011) shall not be affected,
but the rental unit must nevertheless be registered 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 Clerk or designee
of the Borough or such other person as designated by the Administrator
a registration form for 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 names and addresses of
all general partners shall be provided, together with the telephone
numbers of each of such individuals indicating where such individual
may be reached both during the day and evening hours. If the record
owner is a corporation, the name and address of the registered agent
and corporate officers of said corporation shall be provided, together
with the telephone numbers for each of such individuals indicating
where such individual may be reached both during the day and evening
hours. If the record owner is a Limited Liability Company, the name,
address and telephone numbers of each member shall be provided.
B. If the address of any record owner is not located in the Borough
or in Gloucester County, the name and address of a person who resides
in Gloucester County and who is authorized to accept notices from
a tenant and to issue receipts therefor and to accept service of process
on behalf of the record owner shall be provided.
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 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 failure
of any 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 recorded 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 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 requirement
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 Clerk or designee.
I. Such other information as may be prescribed by the Borough.
The Clerk or designee shall index and file the registration
forms. In doing so, the Clerk or designee shall follow the mandates
of N.J.S.A. 46:8-28.1, as amended, so that the filing of the registration
form will simultaneously satisfy the registration requirements of
N.J.S.A. 46:8-28 to the extent that it applies to the property being
registered and will also satisfy the registration requirements of
this Article.
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 the 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 upon which a fee of $50 shall
be paid.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Borough of Woodbury
Heights which is not registered and licensed in accordance with this
Article.
Upon the filing of a completed registration form, payment of
the prescribed fee and inspection, the owner shall be entitled to
the issuance of a license commencing on the date of issuance and expiring
on the same date 12 months later if the inspection determines compliance
with this chapter. A registration form shall be required for each
rental unit and a license shall issue to the owner for each rental
unit, even if more than one rental unit is contained in the property.
[Amended 10-21-15 by Ord. No. 12-2015]
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
Article. This provision may be complied with by posting a copy of
the registration certificate in a conspicuous place within the rental
units.
No rental unit may be registered and no license shall be issued
or renewed for any property containing a rental unit unless all municipal
taxes, water and sewer charges and any other municipal assessments
are paid on a current basis.
All dwelling units shall be maintained in accordance with the
New Jersey Housing Code and all applicable ordinances of the Borough
of Woodbury Heights and, in the case of an apartment with three or
more dwelling units, the State of New Jersey Maintenance of Hotels
and Multiple Dwelling Regulations. The licensing, inspection and compliance
with this Article is not intended to preempt, replace or modify any
state or federal law, rule or regulation.
Any person who violates any provision of this Article shall,
upon conviction in the Municipal Court or such other court having
jurisdiction, be liable to a fine not exceeding $1,000 or imprisonment
for a term not exceeding 30 days, or both. Each day that a violation
occurs shall be deemed separate and distinct violations subject to
the penalty provisions of this Article. This remedy shall be separate
and distinct from any revocation proceeding pursuant to this Article.
If any section, subsection, paragraph, sentence or other part
of this Article is adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remainder of this Article
but shall be confined in its effect to the section, subsection, paragraph,
sentence or other part of this Article directly involved in the controversy
in which said judgment shall have been rendered, and all other provisions
of this Article shall remain in full force and effect.
Nothing in this Article is intended to preempt any state or
federal law, statute, code, rule or regulation or lessen, change or
alter any requirements imposed therein.