[HISTORY: Adopted by the Mayor and Council of the Borough
of Barrington 12-13-2005 by Ord.
No. 827; amended in its entirety 10-11-2016 by Ord. No. 1064.
Subsequent amendments noted where applicable.]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, shall have
the following meaning:
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 chapter. 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 designated by the owner as his agent
is so licensed.
Any apartment, cottage, bungalow 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
be designed for residence, for office or the operation of any industry
or business or for any other type of independent use.
The rental certificate of inspection or resale certificate
of inspection issued by the Borough attesting that the rental unit
has been properly inspected in accordance with this chapter.
The person to whom the certificate is issued pursuant to
this chapter. The term "certificate holder" includes within its definition
the term "agent," where applicable.
Any room or rooms or suite or apartment, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes by one or more persons,
including but not limited to the owner thereof or any of his servants,
agents or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvement connected with use
or occupancy thereof.
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust which owns, operates, exercises
control over, or is in charge of a rental facility.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Any domesticated animal required to be licensed pursuant to the laws of the State of New Jersey and/or Chapter 48 of the Code of the Borough of Barrington.
Every building, group of buildings or a portion thereof consisting
of one or more dwelling units 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.
A dwelling unit which is available for lease or rental purposes.
"Rental unit" shall not include that portion of a rental facility
occupied by the owner.
All rental units within a rental facility hereinabove defined
shall be inspected by the Borough of Barrington once every calendar
year or with each change in occupancy, whichever shall occur first.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, every owner shall apply to the Borough Clerk
of the Borough of Barrington, or such other person as designated by
the Mayor and Borough Council, for an inspection of each rental unit
contained within a building or structure. The application for inspection
shall include the following information:
A.
The name and domicile 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 name and domicile
addresses of all general partners shall be provided, together with
the telephone numbers for each of such individuals, where such individual
may be reached both during the day and evening hours. The designation
of a P.O. Box or similar alternative address does not satisfy the
requirements of this section.
B.
If the domicile address of any record owner is not located in Barrington
or in Camden County, the name and domicile address of a person who
resides in Camden 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.
C.
The name and domicile address of the agent of the premises, if any.
D.
The name and domicile 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, domicile address and telephone number of an individual
representative of the owner or agent of the owner, if domiciled in
Camden County, who may be reached or contacted at any time in the
event of an emergency affecting the rental facility or any unit of
dwelling space therein, including such emergencies as the future of
any essential service or system, and who has the authority to make
emergency decisions concerning the rental facility and any repair
thereto or expenditure in connection therewith.
F.
The name of any pet residing in the rental unit, the breed of said
pet, and the license number assigned to this pet pursuant to its licensure
by the State of New Jersey and/or the Borough of Barrington.
G.
The name and address of every holder of a recorded mortgage on the
premises.
H.
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 oil used.
I.
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
application for inspection when filed by the Borough Clerk or designee.
The Borough shall make this information available to the emergency
services providers within the Borough of Barrington.
J.
Such other information as may be prescribed by the Borough of Barrington.
K.
The information provided to the Borough pursuant to the application
for inspection shall be retained in the normal course of business
by the Borough.
The Borough Clerk or designee shall index and file the application
for inspection. In doing so, the Borough Clerk or designee shall follow
the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so
that the filing of the application for inspection will simultaneously
satisfy the requirements of N.J.S.A. 46:8-28 to the extent that it
applies to the property being inspected, and will also satisfy the
inspection requirements of this chapter. The owners shall post the
rental and/or resale certificate of inspection issued by the Borough
in a conspicuous place within its property.
Every person required to file an application for inspection
pursuant to this chapter shall file an amended application for inspection
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.
A.
Each rental unit within the rental facility shall be inspected at
least once every twelve-month period and upon all change of tenants.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of Barrington, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Borough of Barrington shall not be
used as a valid substitute.
(1)
Such inspection shall be for the purpose of determining Zoning Ordinance[1] compliance and, to the extent applicable, code compliance
for minimum health and life safety standards. For use in implementing
the inspection, the agency will incorporate the International Property
Maintenance Code 2006, the Uniform Fire Code, the International Fire
Code, New Jersey Edition 2006, and portions of the International Residential
Code, New Jersey Edition 2006 and as it may be amended from time to
time.
(2)
The inspection shall be completed within 14 days following the date
that a complete application is filed with the appropriate fees paid
to the Construction Department. No certificate shall be issued unless
the condition of the rental unit or resale property complies with
the listed codes or as may be amended from time to time. The certificate
shall be signed by the Construction Official after a "pass" inspection
by a qualified inspector, who is an employee of the Borough of Barrington.
C.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility is deemed unsatisfactory, such property shall not thereafter be approved, nor shall a certificate be issued, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected and issued a certificate. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days and, if not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate and distinct violation subject to the penalty provisions of § 99-17 of this chapter.
(1)
The owner, upon execution of a waiver in favor of the Borough and
for good cause being shown to the Borough, shall be permitted to apply:
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities and rental units,
in order that they may promote the purposes of this chapter to safeguard
the health, safety and welfare of the occupants of rental facilities
and rental units and of the general public. For the purposes of making
such inspections, the inspecting officers are hereby authorized to
enter, examine and survey rental facilities and rental units at all
reasonable times. The owner or occupant of every rental facility and/or
rental unit shall give the inspecting officer free access to the rental
facility and/or rental unit at all reasonable times, to promote the
purposes of this chapter.
B.
Every occupant shall give the owner of the rental facility or rental
unit access to any part of such rental facility or rental unit at
all reasonable times for the purpose of making such repairs or alterations,
as are necessary, to effect compliance with the provisions of this
chapter or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this chapter, an inspecting officer shall conduct an
inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Barrington, which has not been issued a rental and/or resale certificate
of inspection in accordance with this chapter.
A.
Certificate of inspection; property maintenance; compliance required.
A rental certificate of inspection or resale certificate of inspection
is required in the Borough of Barrington every time a residential
or residential rental unit changes owners, users or occupants. A rental
certificate of inspection or resale certificate of inspection shall
be issued by the Construction Official of the Borough of Barrington
prior to occupancy by a new owner on resale, new rental user, or occupancy.
Either certificate shall not be issued until an inspection has been
applied for and completed by the Borough of Barrington Construction
Department, and a "pass" inspection has been issued by and filed with
the Borough Construction Department of the Borough of Barrington.
The purpose of this inspection for either certificate is to ensure
that the property is habitable and/or meets the minimum standards
for health and life safety requirements under the codes of the Borough
of Barrington and the codes and laws of the State of New Jersey.
B.
Residential resales. All residential buildings and/or structures
shall be inspected and a resale certificate of inspection shall be
issued prior to the resale of any residential building and/or structure
in the Borough of Barrington. An issued resale certificate shall be
good for 60 days from issuance in the event a property does not change
ownership during said time period.
C.
Residential rentals. All residential rentals, single-unit dwelling,
or two- or three-unit dwelling, or multidwelling unit (four or more)
shall be inspected annually and a rental certificate of inspection
shall be issued prior to any re-renting or new occupancy. The owner/landlord
of a single-unit dwelling or a two- to three-unit dwelling shall be
registered with the Construction Department of the Borough of Barrington.
For multidwelling units (four or more), the owner/landlord shall register
with the Construction Department and file a copy of the certificate
of registration with the New Jersey Bureau of Housing with the Clerk
of the Borough of Barrington. No person, group of persons, association,
partnership, business, or corporation thereof who owns, manages, conducts
or operates a residential rental unit or units shall rent, lease,
let or sublet or permit the same to be occupied or re-rented by another
without first securing from the Borough of Barrington Construction
Office a rental certificate of inspection for said residential rental
unit.
D.
Certificate required. No certificate shall be issued by the Construction
Department until a "pass" inspection has been received. An application
for inspection shall be provided by the Construction Department. The
application shall be completed and filed by the owner, landlord or
landlord management and the required fee paid prior to an inspection
being scheduled. A copy of the list of items to be inspected shall
be provided to the applicant as part of the application form.
[Amended 4-21-2020 by Ord. No. 1123]
At the time of the filing of the application for inspection
and prior to the issuance of a rental and/or resale certificate of
inspection, the owner or agent of the owner must pay a fee in accordance
with the following:
A.
An application fee of $50 per rental unit in rental facilities per
inspection period or upon a change in occupancy.
B.
An application fee of $100 for single-family or duplex rental homes
per inspection period or upon a change in occupancy.
C.
An application fee of $100 for a resale inspection of a single-family
or duplex home per dwelling unit.
D.
A fee of $75 per rental unit shall be charged pursuant to property
inspections required under this chapter. Fees for the reinspection
of rental and/or resale units shall be charged pursuant to property
inspections performed under this chapter as follows:
E.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $20 shall be assessed in addition to any fees outstanding.
F.
If the owner of the property is a senior citizen who resides in a
unit of the rental facility and rents out the remaining unit(s) and
would otherwise qualify under the State of New Jersey property tax
deduction under N.J.S.A. 54:4-8.41, there shall be no fee.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the application for inspection required
by this chapter. This provision shall not apply to any hotel, motel
or guesthouse registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act, as per N.J.S.A. 55:13A-3. This
provision may be complied with by posting a copy of the application
for inspection in a conspicuous place within the rental unit(s).
A.
The maximum number of occupants, as determined by the Hotel and Multiple Dwelling Occupancy Code of the State of New Jersey, N.J.A.C. 5:13A-1 et seq., shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of § 99-17 of this chapter.
B.
Only those occupants whose names are on file with the Borough of Barrington, as required in this chapter, may reside in the subject premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 99-17 of this chapter.
No rental and/or resale certificate of inspection shall issue
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
Uniform Construction Code and the International Property Maintenance
Code 2006 Edition.
A.
Occupants. Only those occupants whose names are on file with the
Borough Clerk, as provided in this chapter, may reside in the premises
subject to the rental and/or resale certificate of inspection. It
shall be unlawful for any other person to reside in said premises,
and this provision may be enforced against the landlord, tenant or
other person residing in said premises.
B.
Nuisance prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owner or of the public in
general, such that it shall constitute a nuisance, as defined in the
ordinance of the Borough of Barrington.
C.
Compliance with other laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Borough of Barrington and with all
applicable state and federal laws.
A.
Grounds. In addition to any other penalty prescribed herein, a certificate
holder may be subject to the revocation or suspension of the rental
and/or resale certificate of inspection issued hereunder upon the
happening of one or more of the following:
(1)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(2)
Determination of a violation of this chapter at a hearing held pursuant to Subsection B, herein.
(4)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this chapter.
(5)
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to the person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a rental and/or
resale certificate of inspection may be filed by any one or more of
the following: Director of the Office of Code Enforcement, Chief of
Police, Construction Code Official, Code Enforcement Officer, Fire
Inspector or any other persons or officers authorized to file such
complaint. Such complaint shall be in writing and filed with the Borough
Clerk or designee. The complaint shall be specific and shall be sufficient
to apprise the certificate holder of the charges, so as to permit
the certificate holder to present a defense. The individual(s) may
file a complaint on the basis of information and belief, and need
not rely on personal information.
(2)
Upon the filing of such written complaint, the Borough Clerk or designee
shall immediately inform the Mayor and Borough Council, and a date
for a hearing shall be scheduled, which shall not be sooner than 15
days nor more than 30 days thereafter. The Borough Clerk or designee
shall forward a copy of the complaint and a notice, as to the date
of the hearing, to the certificate holder and/or the agent, if any,
at the address indicated on the application for inspection. Service
upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Mayor
and Borough Council, unless, in its discretion, the Mayor and Borough
Council determine that the matter should be heard by a hearing officer,
who shall be appointed by the Mayor and Borough Council. If the matter
is referred to a hearing officer, such officer shall transmit his
findings of fact and conclusions of law to the Mayor and Borough Council
within 30 days of the conclusion of the hearing. The Mayor and Borough
Council shall then review the matter and may accept, reject or modify
the recommendations of the hearing officer based on the record before
such hearing officer. In the event that the matter is not referred
to a hearing officer and is heard by Mayor and Borough Council, then
the Mayor and Borough Council shall render a decision within 30 days
of the conclusion of the hearing. Following the hearing, a decision
shall be rendered dismissing the complaint, revoking or suspending
the rental and/or resale certificate of inspection, or determining
that the rental and/or resale certificate of inspection shall not
be renewed or reissued for one or more subsequent years.
(4)
A stenographic transcript shall be made of the hearing. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply, and the evidential rules and burden of proof shall be that
which generally control administrative hearings.
(5)
The Borough Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action brought pursuant to this chapter
by demonstrating that the certificate holder has taken appropriate
action and has made a good-faith effort to abate the conditions or
circumstances giving rise to the revocation proceeding, including
but not limited to the institution of legal action against the tenant(s),
occupant(s) or guests for recovery of the premises, eviction of the
tenant(s) or otherwise.
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as are set forth in the § 1-15 of the Code of the Borough of Barrington. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter.
