[HISTORY: Adopted by Mayor and Council of Borough of Wenonah 11-11-1982; amended in its entirety 4-23-2020 by Ord. No. 2020-7. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ADVERTISE
Any form of solicitation, marketing, promotion, or communication used to solicit, encourage, or manipulate a viewer, reader, or listener into contracting for goods and/or services in any media platform.
CONSIDERATION
Any form of soliciting, charging, demanding, receiving, or accepting any legally recognized form of consideration, including, without limitation, a promise or benefit, barter, rent, fees, or any other form of payment or thing of value.
DWELLING UNIT
Any structure or improvement, or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged, or designed to be occupied, for inhabitation, living, gathering, entertaining, or otherwise dwelling as a residential occupancy, by one or more persons.
OWNER
Any person, individually or jointly or severally with others, who shall have legal or equitable title to any residential property, with or without possession thereof, or who shall have charge, care, or control of any residential property as a principal, beneficiary, agent, representative, executor, administrator, trustee, receiver, guardian, or as a mortgagee in possession, regardless of the means by which such possession was obtained. Additionally, any person who is a tenant, subtenant, co-tenant, lessor, sublessor, or co-lessor shall be deemed to be an owner with the legal or equitable owner solely for the purposes of this chapter.
OWNER OF RECORD
The person or entity expressly recorded on a residential premises' property deed.
PERSON
An individual, firm, corporation, association, partnership, limited liability company, association, entity, and any person and/or entity acting in concert, or any combination thereof.
RENTAL PREMISES
Any residential premises or dwelling unit that is advertised or used for rental, subrental, lease, sublease, or otherwise by a person that is not the owner of record or an immediate familial relation or domestic partner of such person.
RESIDENTIAL PREMISES
Any lot or parcel of land including buildings, structures or other physical improvements thereon designated by the Borough for residential purposes.
The purpose of this chapter is to:
A. 
Protect the public health, safety, and welfare of the citizens of the Borough of Wenonah by establishing minimum standards governing the maintenance, appearance, condition, and occupancy of rental units;
B. 
Promote the orderly business practices and the quiet enjoyment of public and private lands;
C. 
Prevent unfair residential practices;
D. 
Establish minimum standards governing the components, conditions, and appearance of rental units to maintain them fit for human habitation and safety;
E. 
Fix and establish penalties for the violation of any provisions of this chapter.
A. 
Except as otherwise provided herein, all rental premises within the Borough of Wenonah shall be inspected at least once a year in order to ensure the health, safety and welfare of the occupants therein and the surrounding neighbors. Such inspection shall be made by the Fire Marshal's office. Such inspection shall be for the purposes of ensuring the habitability of such rental premises and ensuring that all rental premises comply with all health, safety, electrical and plumbing requirements of the State of New Jersey and the Borough of Wenonah. The Fire Marshal shall be bound by the New Jersey Fire Code, and the other subcode officials or health or fire officials subsequently brought in by the Fire Marshal shall be bound by the State Fire and Health Codes or any local fire or health codes which shall have been adopted in the Borough of Wenonah.
B. 
All structures used or intended for use as a rental premises shall be inspected upon any change of occupancy in order that the relevant enforcement officer shall issue a certificate evidencing compliance with the requirements of N.J.S.A. 52:27D-192 et seq.
In addition to the fees required under Chapter 18A, Construction Codes, Uniform, of the Code of the Borough of Wenonah, the owner of record of a rental premises shall be required to reimburse the Borough for any costs actually incurred for inspection or pay a fee of $50, whichever is greater.
The owner of record of a rental premises in the Borough shall register their rental premises with the Borough Clerk on or before January 1 of each year on forms which may be obtained from the Borough Offices, 1 West Cherry Street, Wenonah, New Jersey 08090. Should the owner of record be required to file a certificate of registration in accordance with N.J.S.A. 46:8-28, such owner or landlord may file a photocopy of such form with the Borough Clerk, which form shall suffice for meeting the requirements of this section. Should there be no change on January 1 from the information filed in the previous year's registration, the owner or landlord need only advise the Borough Clerk, in writing, that all filed information remains the same, and such shall suffice for compliance with this section.
A. 
The residential occupancy of an otherwise lawful residential premises for a period of 30 days or less by a person who is an immediate or extended familial relation or domestic partner of the owner of record, without consideration, is permitted.
B. 
The residential occupancy of an otherwise lawful residential premises for a period of more than 30 days by a person is permitted upon compliance with this chapter.
A. 
It shall be unlawful for any owner to receive or obtain actual or anticipated consideration for advertising, offering, permitting, allowing, and/or failing to discontinue the use or occupancy of any rental premises for a period of 30 calendar days or less.
B. 
It shall be unlawful for any room or a portion of the residential premises for any term to be advertised, offered, or used as a rental unit.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment not to exceed 30 days. In addition, any owner who shall fail to comply with the requirements of the Construction Code Official and/or the Subcode, Fire or Health Official, to meet the code requirements, shall likewise be subject to the same fine and imprisonment as set forth herein. Owners shall be given 15 calendar days in which to comply with the orders of the appropriate official, and failure to so comply shall constitute a violation of this chapter.
All forms filed with the Borough Clerk in accordance with this chapter shall become public records and shall be open to public inspection upon request of any person during regular business hours at the Borough offices.
Should any section or provision of this chapter be declared to be invalid or unconstitutional, such invalidity shall not offset any other section or provision of this chapter, except insofar as the section or provision so invalidated shall be inseparable from the remainder or any part thereof.
This chapter shall take effect immediately upon passage in accordance with statute.