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 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.
APARTMENT or DWELLING
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.
CERTIFICATE
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.
CERTIFICATE HOLDER
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.
DWELLING UNIT
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.
OWNER
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.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
PET
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.
RENTAL FACILITY
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.
RENTAL UNIT
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.
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.
[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:
(1) For the first reinspection, there shall be a fee of $50.
(2) For the second reinspection, there shall be a fee of $50.
(3) For the third and each subsequent reinspection, there shall be a
fee of $50.
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).
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.
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.