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.
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.
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.