[Chapter 11 was amended in entirety by Ord. No. 2020-1845. Prior history includes Ord. No. 94-999; Ord. No. 95-1039; Ord. No. 2006-1435; Ord. No. 2008-1502; Ord. No. 2009-1518; Ord. No. 2009-1521; Ord. No. 2010-1553; Ord. No. 2010-1569; Ord. No. 2010-1575; Ord. No. 2012-1598; Ord. No. 2013-1624; Ord. No. 2013-1633; Ord. No. 2015-1692; Ord. No. 2015-1694; Ord. No. 2015-1700; Ord. #2016-1717Ord. No. 2017-1740; Ord. No. 2017-1733; Ord. No. 2018-1768; Ord. No. 2019-1813; Ord. No. 2019-1825; Ord. No. 2019-1829]
ATTACHMENTS
Attachment 1 - State Housing Code
[Added 8-10-2020 by Ord. No. 2020-1845]
The following words, wherever used in this chapter, shall have the meanings set forth:
OPERATOR
Any person who has charge, care or control of a building or premises or a part thereof, whether with or without the consent and knowledge of the owner.
OWNER
Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any property, as owner or agent of the owner, or as fiduciary, including but not limited to: executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee entitled to possession or in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PERSON
Any actual living person, or any corporation, partnership or other legal entity.
REFUSE
Putrescrible and non-putrescrible solid waste, including, but not limited to: garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and industrial waste.
RUBBISH
Non-putrescrible solid waste consisting of both combustible and non-combustible waste such as paper, wrappings, cigarettes, cardboard, cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
RUBBLE
All debris from the construction, demolition, or alteration of building, earth, rocks, or incinerator ashes, brick, mortar, concrete, and similar solid material.
[Added 8-10-2020 by Ord. No. 2020-1845]
a. 
This chapter shall be known as the "Property Maintenance Code of the Borough of Bernardsville."
b. 
The purpose of this chapter is to:
1. 
Provide for the public health, safety and welfare.
2. 
Avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.
3. 
Avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties.
4. 
Prevent the creation, continuation, extension or aggravation of blight.
5. 
Preserve property values in the Borough.
6. 
Maintain the value and economic health of the commercial property and businesses that serve and help to support the Borough and its citizens.
[Added 8-10-2020 by Ord. No. 2020-1845]
a. 
The owner of every building, structure, or lot and the premises on which it is situated within the Borough shall comply with the provisions of this chapter, whether or not any such building or structure shall have been constructed, altered or repaired before or after the enactment hereof and irrespective of any permits or licenses which may have been issued for the use or occupancy of such building or for the installation or repair of equipment or facilities prior to the effective date hereof.
[Added 8-10-2020 by Ord. No. 2020-1845]
All property in the Borough of Bernardsville shall meet the following standards:
a. 
Sanitation. All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of rubbish or garbage.
b. 
Containers. The operator of every establishment producing garbage, vegetable wastes or other putrescible materials shall provide, and at all times cause to be used, leakproof containers, provided with close-fitting covers, for the storage of such materials until removed from the premises for disposal.
c. 
Litter and Maintenance of Solid Waste Disposal Facilities for Nonresidential Sites. All industrial and commercial sites shall be kept free from noticeable accumulation of paper and solid waste debris. Common refuse storage areas shall be kept in a clean and repaired state in full conformance with the site plan provisions for such facilities.
d. 
Litter and Maintenance of Solid Waste Disposal Facilities for Residential Sites. All residential sites shall be kept free from noticeable accumulation of paper and solid waste debris. Refuse storage areas shall be kept in a clean and repaired state in full conformance with the Health and Sanitation Code of the Borough.
e. 
Insect and Rat Control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises. Whenever infestation exists in the shared or public parts of the premises, extermination shall be the responsibility of the owner.
f. 
Site Improvements. All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair including those on public right of way adjacent to the site.
g. 
Site Vegetation.
1. 
All brush, shrubs, grass and trees shall be maintained so as not to obstruct public access to sidewalks and roadways and so as not to obstruct the necessary line of sight from any roadway. Brush, shrubs, grass and trees shall be kept trimmed so that they do not cross the line of the sidewalk from the ground to a height of seven feet. Poison ivy, poison sumac and similar noxious vegetation shall be removed from the vicinity of any public sidewalk or roadway.
2. 
Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of four inches from the front of the structure to the edge of the street/curb and all side yards. Weeds shall include all grasses, annual plants and vegetation, other than trees and shrubs, but shall not include maintained cultivated flowers and gardens.
3. 
Trees and Shrubs. On-site dead and dying trees, limbs, and leaves, or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons on adjacent properties or the adjourning public rights-of-way shall be kept pruned, trimmed, or removed to prevent such conditions. The properties on which such natural growth is located shall be kept clean so as not to constitute a hazard to persons in the vicinity thereof.
h. 
Exhaust Vents. A person shall not construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors of other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public and private property or that of another tenant.
i. 
Swimming Pools. All on-site swimming pools shall be maintained and secured. When the property is vacant, water in the swimming pool must be treated or removed to prevent the pool from becoming a breeding site for mosquitos.
j. 
Prohibited Conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:
1. 
Abandoned, uncovered or structurally unsound walls, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
2. 
Abandoned iceboxes/freezers, refrigerators, heaters, television sets and other similar major appliances.
3. 
Hidden or uncovered ground or surface hazards, such as holes, sudden depressions, sharp or jagged projections or obstructions.
4. 
Buried rubble, refuse or rubbish.
5. 
Vehicles or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of disrepair.
6. 
Dangerously loose and overhanging objects, including, but not limited to, dead trees or tree limbs, accumulations of snow, ice or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall or other similar dangerously loose and overhanging objects, which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof.
7. 
Structurally unsound, loose, dangerous, crumbling, missing, broken, rotten or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs or loose, crumbling or falling bricks, stones, mortar or plaster.
8. 
Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.
9. 
Peeling paint, broken glass or windows or rotted, missing or substantially destroyed window frames and sashes, door frames, exterior doors or other major exterior component parts of buildings or structures.
[Added 8-10-2020 by Ord. No. 2020-1845]
a. 
General. The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.
b. 
Structural Members. All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.
c. 
Exterior Surfaces (Foundations, Walls and Roof). Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair.
d. 
Foundation Walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public safety and welfare.
e. 
Exterior Walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof and shall be properly surface-coated when required to prevent deterioration.
f. 
Roofs. The roof and gutters shall be structurally sound and tight and shall not have defects which might admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building.
g. 
Chimneys. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint, or similar surface treatment where necessary.
h. 
Stairs and Porches. Every stair, porch and balcony, and all appurtenances attached thereto, shall be so constructed as to be safe to use and capable of supporting the loads to which they are subjected and shall be kept in sound condition and good repair.
i. 
Any awnings or marquees and accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a safety hazard. In the event such awnings or marquees are not maintained in accordance with the foregoing they shall, together with their supporting members, be removed forthwith. In the event said awnings or marquees are made of cloth, plastic or of similar materials, said cloth or plastic where exposed to public view shall not show evidence of excessive weathering, discoloration, ripping, tearing or holes.
[Added 8-10-2020 by Ord. No. 2020-1845]
In addition to the standards cited in § 11-1.4 and § 11-1.5, the following standards apply to residential properties:
a. 
All outdoor storage and on-site parking shall be in accordance with the requirements of § 12-23.22 of the Borough Land Use Ordinance.
[Added 8-10-2020 by Ord. No. 2020-1845]
When the lack of maintenance of a Borough property results in violations of the Borough's Property Maintenance Code which are obvious from adjacent public rights-of-way or from adjoining property whose owners have provided access for the purpose of inspecting the property containing the violations, the property maintenance enforcement officer shall send a notice to the owner of record for the subject property citing the visible violations and demanding access to the property to conduct a more thorough inspection. The notice shall specify a time frame for the correction of the visible violations as provided for in this Property Maintenance Code. Said notice may also set forth a day and time for the more thorough inspection, which time shall be no less than 10 days after the mailing of the notice. If owner of the property or his designated agent are not present for this inspection and/or do not object to the enforcement officer making the inspection, the enforcement officer can conduct an inspection of the exterior of the property and shall send to the owner of record a statement indicating the findings of said inspection and any required repairs or violations. If the property owner refuses to allow the inspection, the enforcement officer shall file a complaint with the Municipal Court citing the violations visible from the public right-of-way or adjacent properties seeking not only the abatement of the violations cited but also authority to conduct a more thorough inspection.
[Added 8-10-2020 by Ord. No. 2020-1845]
The provisions of this chapter shall be enforced by the Zoning Officer and the Zoning Enforcement Officer.
[Added 8-10-2020 by Ord. No. 2020-1845]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be liable to the general penalties set forth in Chapter 1, § 1-5 of this Code, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Added 8-10-2020 by Ord. No. 2020-1845]
a. 
Filing of Report with Governing Body. If, within the time permitted, the owner shall fail to abate the nuisance, correct the defect or defects or put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Borough, after notice thereof and opportunity to do so as provided elsewhere in this chapter, the enforcement official shall forthwith file a report with the governing body of the Borough of Bernardsville, which said report shall set forth in detail the condition or conditions constituting the nuisance or the defect or defects and shall contain a copy of the notice served upon the owner and the date and the manner thereof and a certification that such condition or conditions still exist.
b. 
Hearing; Resolution to Abate; Expenditure of Municipal Funds.
1. 
Upon the filing of the report by the enforcement official, a hearing shall be held upon at least five days' notice to the owner, served in the same manner as is provided elsewhere. At such hearing, the enforcement official shall submit a report of his findings and recommendations to the Borough Council. If the governing body is of the opinion that such action is in the public interest, the governing body may adopt a resolution in the public's interest to abate the nuisance, to correct the defect or defects or to put the premises in proper condition so as to comply with the requirements of applicable ordinances and state laws or conditions of approval received from any board or agency of the Borough, at the cost and expense of the owner.
2. 
The governing body may, by such resolution, also authorize the expenditure of municipal funds and fix the amount thereof for the purpose of correcting such conditions, and, in such cases where the nuisance or defect falls within a category for which there is statutory authority for the creating of a tax lien, such expenditure shall be charged against the premises, and the amount thereof shall be a lien collectible as provided in this chapter.
3. 
The enforcement official or the Superintendent of Public Works, depending upon the volume of the work performed in accordance with the resolution at Borough's expense, not to exceed the amount specified in the resolution, shall, upon completion thereof, submit a report of the monies expended and costs to the Borough Council.
4. 
After review of the report, the Borough Council may approve the expenses and costs whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs, whereupon the same, shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and resolution for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner."
[Added 8-10-2020 by Ord. No. 2020-1845]
a. 
Purpose. The purposes of this section are as follows:
1. 
To protect the health and safety of residential tenants by insuring that all rental properties are maintained in a safe and sanitary condition.
2. 
To protect the welfare of residential tenants by assuring that maximum occupancy limits are not exceeded in rental units.
3. 
To protect the real estate values of properties located in close proximity to rental housing by requiring the upkeep and maintenance of building exteriors and outside property areas.
b. 
Applicability; Exceptions. This section shall apply to all residential rental uses.
c. 
Requirements for Certificate of Rental Housing Compliance.
1. 
No person shall let or sublet any residential unit without first obtaining from the Code Enforcement Officer one of the following:
(a) 
A certificate of rental housing compliance stating that the unit complies with the property maintenance standards of this chapter and is approved for occupancy and meets all Borough zoning requirements.[1] The certificate of rental housing compliance shall be renewed annually on the anniversary date of the issuance of the original permit, and upon any change in occupancy of a rental unit.
[1]
In accordance with the provisions of N.J.S.A. 40:55D-68.4, this section does not prohibit any senior citizen, who is the owner of a single-family dwelling, which is his or her primary residence, from renting or leasing a room or rooms within that dwelling, together with general use associated with that dwelling, to one person.
(b) 
A conditional certificate of rental housing compliance indicating that the unit is conditionally approved for occupancy in accordance with the provisions of paragraph e5(b) below.
d. 
Rental Housing Standards. All rental housing shall comply with the following codes and regulations:
1. 
Borough Property Maintenance Code (Chapter 11, Property Maintenance).
2. 
New Jersey State Housing Code (N.J.A.C. 5:28). (As supplemented and amended as set forth in Appendix A, State Housing Code, which may be found attached to this chapter.)
3. 
Uniform Construction Code (N.J.S.A. 52:27D-123; N.J.A.C. 5:23).[2]
[2]
The Uniform Construction Code may only be enforced by the Construction Official and Subcode Officials. Issuance of a certificate of rental housing compliance pursuant to this section does not relieve the property owner from complying with all requirements of the Uniform Construction Code.
4. 
Uniform Fire Code (N.J.S.A. 52:27D-198; N.J.A.C. 5:70).[3]
[3]
Although the Uniform Fire Code may only be enforced by the Fire Official and Fire Subcode Official, the Housing Inspector shall not issue a Certificate of Inspection until he has inspected the premises and determined that the dwelling complies with the requirements of N.J.A.C. 5:70-4.19 with respect to smoke detectors and carbon monoxide alarms. Issuance of a certificate of rental housing compliance pursuant to this section does not relieve the property owner from complying with any other requirements of the Uniform Fire Code or the Uniform Fire Safety Act.
5. 
Borough Land Development Regulations (Volume II of the Borough Code).[4]
There shall be a continuing obligation to comply with all relevant statutes, ordinances and regulations including but not limited to those set forth above.
[4]
Development approvals may only be granted pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq. Issuance of a certificate of rental housing compliance pursuant to this section shall not be deemed to be a development approval of any kind or a certification of nonconforming use.
e. 
Procedures for Inspections and Issuance of Certificates of Rental Housing Compliance.
1. 
The Code Enforcement Officer shall prepare the necessary application form and checklist which shall be available at the Borough Clerk's office and the Borough Planning and Zoning Department. At a minimum, that application form shall contain the following information:
(a) 
Street address of unit and tax map block and lot of the rental unit.
(b) 
The name, address, phone number and email address of the owner. If the owner is a business entity, the application must include the name and address of the registered agent who authorized to receive service of on behalf of that entity.
(c) 
The name, address, telephone number and email address of the managing agent of the property, if any.
(d) 
The name, address, telephone number and email address of an emergency contact who can be contacted by the Borough after hours in case of fire, flood or other emergency.
(e) 
Proof that all required zoning, construction, fire and other required Borough, County, State and Federal approvals, permits and licenses have been obtained.
(f) 
A floor plan of the rental unit showing the dimensions and location of each room must be attached.
(g) 
Name, address, telephone number and email address of the tenant and all occupants of the unit.
(h) 
Names, grade levels and schools attended for all occupants of the rental unit who attend or who will be attending Bernardsville public schools.
(i) 
A certification by the person completing the application that such person is authorized to complete the application on behalf of the owner, that the subject property will be maintained in compliance with all applicable ordinances, statutes and regulations, including, but not limited to, the Borough Zoning Ordinance, the Uniform Construction Code, the Borough Residential Property Maintenance Code, and the New Jersey State Housing Code.
2. 
The applicant shall submit a completed application and all required fees to the Borough Clerk by the anniversary date of the issuance of the original permit for an annual certificate and at least five business days before the date that a new tenant is anticipated to occupy the dwelling. Inspections may be requested up to 30 days before the desired inspection date and shall be scheduled by the Code Enforcement Officer in the order that completed applications are received.
3. 
Following receipt of a completed application and all required fees, the Code Enforcement Officer or his or her designee shall inspect the building interior, exterior and outside premises to make sure that the premises comply with the standards incorporated in paragraph d. above as set forth in the checklist adopted by the Code Enforcement Officer.
4. 
All inspections shall be conducted in accordance with the standards set forth in § 11-3 of this Code.
5. 
Following inspection, the Code Enforcement Officer shall issue a placard designating the maximum occupancy for the unit and a certificate of rental housing compliance, a conditional certificate of rental housing compliance, or a denial of rental housing compliance. The standards for certificates are:
(a) 
If the dwelling complies with the codes and regulations set forth in paragraph d. above, a certificate of rental housing compliance shall be issued.
(b) 
If the dwelling fails to comply with all of the above codes and regulations but none of the violations jeopardizes the health, safety or welfare of the intended occupants, a conditional certificate of rental housing compliance shall be issued for a period not to exceed 30 days from the initial inspection.
(c) 
If the building fails to comply and such violations endanger the health, safety or welfare of the intended occupants, a denial of rental housing compliance shall be issued.
6. 
If a conditional certificate of rental housing compliance or a denial of rental housing compliance is issued, the applicant shall perform the required work prior to reinspection.
7. 
If the inspection was scheduled in advance, as required by § 11-2 above, the new tenant shall be permitted to occupy the unit without its being deemed a violation of § 11-2 above. However, the Borough reserves the right to conduct the inspection at a later time and to issue an appropriate certificate.
f. 
Fees. All fees shall be paid at the time an application is filed and prior to the inspection being performed in accordance with the following schedule:
1. 
Initial inspection: $150 per unit.
2. 
First reinspection: No charge.
3. 
Second reinspection: $250 per unit.
4. 
Third reinspection: $350 per unit.
5. 
Fourth reinspection: $450 per unit.
6. 
Fifth and all subsequent reinspections: $500 per unit.
7. 
Cancellation Fees. Cancellation by the property owner or the tenant (who scheduled and confirmed the inspection) of a scheduled housing inspection shall result in the imposition of an additional fee in accordance with the following schedule:
[Added 10-26-2020 by Ord. No. 2020-1860]
(a) 
There shall be no charge for housing inspections that are cancelled by the property owner 72 hours or more in advance of the scheduled inspection.
(b) 
There shall be no fee imposed for the first cancellation on less than 72 hours' notice in any one calendar year.
(c) 
There shall be a fee of $50 for the second cancellation on less than 72 hours' notice in a calendar year.
(d) 
There shall be a fee of $250 for the third cancellation on less than 72 hours' notice in a calendar year.
(e) 
There shall be a fee of $500 for the fourth and succeeding cancellations on less than 72 hours' notice in a calendar year.
8. 
Exemptions, Residential rental units occupied by lineal relatives of the owner of that unit shall be exempt from the fees set forth above. For purposes of this section, "lineal relatives" shall mean a child, a parent. a grandchild or grandparent (by blood or adoption). All other relatives including, but not limited to, siblings, cousins, aunts and uncles do not qualify for this exemption. In order to qualify for this exemption, the owner must certify in writing that the occupant of the unit is a lineal relative, as defined above.
[Added 2-13-2023 by Ord. No. 2023-1950]
g. 
The following information shall be provided to each tenant at the time of his or her initial occupancy of the dwelling:
1. 
A Truth-in-Renting Statement prepared by the Department of Community Affairs in accordance with the Truth-in-Renting Act (N.J.S.A. 46:8-43 et seq.) shall be distributed to all tenants living in buildings with more than two dwelling units.
2. 
A copy of the registration statement filed with the Borough Clerk and/or New Jersey Bureau of Housing Inspection.
3. 
A copy of the New Tenant Notification Form provided by the Borough. A copy of this form shall be signed by the tenant and maintained by the owner during the term of the tenancy. For buildings with more than four units, the form shall be maintained in a log at the rental office.
h. 
Rental Property Owner Registration Requirements.
1. 
In addition to the application for a certificate of rental housing compliance required by paragraph c. above and in addition to complying with the requirements of the New Jersey Hotel and Multiple Dwellings Law, N.J.S.A. 55:13A-1 et seq., every owner of any building or structure which comes under the provisions of this subsection shall, within five days of the change of ownership of any building subject to the requirements of this subsection file with the Borough Clerk a written registration statement, which shall contain the following information on a form to be provided by the Borough:
(a) 
The names and addresses of the owners of the property.
(b) 
If the record owner is a corporation, the name of the registered agent who will accept all legal notices on behalf of the corporation.
(c) 
If the owner is an entity other than an individual (i.e, a corporation, company, trade name, partnership, trust, condominium association or other legal entity), the names and address of each partner and/or owner or person having a beneficiary interest. In the case of a corporation, the names and addresses of each stockholder if the total number of stockholders is 20 or less. In any event, with regard to corporate ownership, the registry shall disclose the name and address of any stockholder who owns, either directly or beneficially, 10% of the stock of the corporation.
(d) 
The name, address and telephone number of the managing agent of the premises, if any.
(e) 
The name, address and telephone number, including the dwelling unit, apartment or room number, of the superintendent, janitor, custodial or other individual employed by the record owner or managing agent to provide regular maintenance service, if applicable.
(f) 
The name, address and telephone number of an individual principal or partner of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or property, or any unit or dwelling or commercial space therein, and who has the authority to make emergency decisions concerning the building or property and any repair thereto or expenditures in connection therewith.
(g) 
The number of dwelling units by unit type.
2. 
If there is any change in any of this information, an amended registration statement must be filed within five days, and the amended statement posted and distributed to tenants within seven days of filing.
3. 
The placard designating the maximum occupancy and current certificate of rental housing compliance issued by the Code Enforcement Officer pursuant to paragraph e,5 above and a copy of the floor plan shall be posted in the kitchen sink cabinet in a conspicuous location where it can easily be seen by tenants in English and in the primary languages spoken by the tenants.
4. 
The initial registration for all buildings shall also be accompanied by a floor plan and the square footage for each unit to be used by the Borough in establishing maximum occupancy limits for each unit type.
i. 
Violations and Penalties.
1. 
Any lessor of rental property who fails to distribute required information to tenants, fails to secure a required certificate of rental housing compliance, fails to enforce maximum occupancy limits, fails to register with the Borough or allows a tenant to occupy rental premises after expiration of a conditional certificate of rental housing compliance or who violates any other provision of this chapter, shall be liable to the penalties stated in Chapter 1, Section 1-5. The minimum fine for a violation of this section shall be $100.
2. 
In any apartment unit that violates maximum occupancy restrictions, the landlord and/or the tenant named on the lease shall be liable to the penalties stated in Chapter 1, Section 1-5. The minimum fine for a violation of this section shall be $100.
3. 
Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
4. 
Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same provision of this chapter and who was fined for the previous violation shall be subject to the additional fine for repeat offenders set forth in Chapter 1, § 1-5.3 of this Code.
5. 
In addition to the above fines and penalties, any owner-landlord who is convicted of a second or subsequent violation of this chapter, where the illegal tenancy is determined to have resulted in a resident or residents attending the Somerset Hills Regional School District public school system, and who has been afforded the opportunity for a hearing on the matter, may be assessed a penalty equal to the annual tuition cost for each student, prorated to the time of the student's ineligible attendance at such public school. The fine shall be recovered in a civil action by a summary proceeding in the name of the Borough of Bernardsville pursuant to the "Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58-10 et seq.)" The Municipal Court and/or the Superior Court shall have jurisdiction of the proceedings for the enforcement of the penalty provided by this paragraph. The tuition cost shall be calculated in the manner prescribed for nonresidential pupils in N.J.S.A. 18A:38-19. Payment of the fine shall be remitted to the Somerset Hills Board of Education. For the purposes of this section, the term "owner-landlord" shall exclude mortgagees in possession of a structure through foreclosure. For the purposes of this section, a "second or subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are the result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a Zoning or Code Enforcement Officer during the time period required for summary disposition proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
j. 
In accordance with the provisions of N.J.S.A. 2A:18-16.1g, any tenant who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy as set forth in this section shall be considered a displaced person and shall be entitled to relocation assistance in amount equal to six times the monthly rental paid by the displaced person or persons. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this paragraph. In addition, after being required to pay reimbursement for relocation assistance, an additional fine shall be paid by the owner/landlord of the structure for each illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person or persons.
[Added 8-10-2020 by Ord. No. 2020-1845]
Inspections of residential units by the Borough Code Enforcement Officer to insure compliance with this chapter and related codes and ordinances shall be conducted in accordance with the following standards and procedures:
a. 
The Borough Code Enforcement Officer shall have the responsibility to initiate, conduct and authorize enforcement of any provisions of the Borough Property Maintenance Code and related ordinances and regulations.
b. 
If none of the adult residents then present in the dwelling being inspected speaks English proficiently, and the inspector is not fluent in the language of the residents, the inspection must be abandoned and may not be resumed without the presence of an interpreter.
c. 
Residential inspections shall not be conducted by uniformed law enforcement officers, nor shall Borough inspectors be accompanied by uniformed law enforcement officers, unless there is a reasonable concern of violence occurring during the inspection. The basis for the concern must be included on the inspection log maintained by the Code Enforcement Officer.
d. 
Residential inspections shall ordinarily be conducted between 8:00 a.m. and 7:00 p.m. on non-holiday weekdays except as provided below.
e. 
Residential inspections may be conducted on weekdays between the hours of 7:00 p.m. and 9:00 p.m., on Saturdays between 11:00 a.m. and 4:00 p.m. if there have been at least two previous failed attempts on two different days to inspect during the hours set forth in paragraph d. above.
f. 
No residential code enforcement inspection shall be conducted without first providing notice to the residents of their rights regarding whether or not to permit an inspection. The Borough inspection official shall provide such notice orally and in writing and where the subject of an inspection has limited English proficiency, such notice shall be provided in the language of the resident as well as in English.
g. 
No residential code enforcement inspection shall be conducted without first obtaining consent from the residents of the subject property.
h. 
No residential inspection shall be conducted after 9:00 p.m. or before 8:00 a.m. except under emergency circumstances, such as if Borough police, fire or medical emergency personnel, during the course of responding to an emergency at a dwelling, witness life-hazard violations of the Property Maintenance Code and alert the Code Enforcement Officer of such life-hazard violations, the Code Enforcement Officer may conduct an inspection within 12 hours of notification.
i. 
The following record shall be kept and maintained by the Code Enforcement Officer.
1. 
Complaint form and investigation form which shall record the date and time of complaint, name of complainant, address and telephone number of complainant, address of property for which complaint is made, nature of complaint, details of alleged violations, basis for or evidence supporting complaint, identity of any other witnesses, date, time and manner of initial contact and all subsequent contacts, name and title of any and all Borough officials, agents, employees and/or individuals acting on behalf of the Borough involved in the contact, whether the subject of the complaint is proficient in English and/or what language the subject speaks; record of substantive investigation conducted; and the outcome of such investigation, whether to end investigation without further action, continue investigation, and/or conduct an inspection.
2. 
Inspection log which shall record date and time of inspection, verification that resident was provided proper notice regarding the inspection and his or her rights and responsibilities; the Borough official's requested permission to enter the premises and inspect; that the residents or owners gave authorization for inspection; the duration of the inspection; areas of residence inspected; individuals interviewed or spoken to during inspection; the results of the inspection, including specified Property Maintenance Code violations, if any; evidence of violations uncovered; date on which violation was or will be referred for prosecution; dates of notices of prosecution; court and hearing dates; settlements or pleas; and dates case closed, or whether no evidence of violation was found.
3. 
Direction that if a complaint made to the Borough lacks the basis for the complaint or the identity of the complainant, Borough inspectors must take some independent action or investigation to verify that a basis for the complaint exists prior to conducting an inspection. Such independent action or investigation shall be recorded in writing on the complaint and investigation form.
j. 
These procedures shall not apply if the Code Enforcement Officer has obtained a court-issued warrant to search the premises nor shall they affect Borough Police authority to enter a residence when responding to potential violation of zoning, land use, property maintenance or other similar laws.
[Amended in entirety 2-13-2023 by Ord. No. 2023-1948. Prior history includes Ord. No. 2020-1845.]
[Amended 2-13-2023 by Ord. No. 2023-1948]
a. 
A creditor filing a summons and complaint in an action to foreclose shall, in addition to the notice provided to the Borough pursuant to N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2, register the residential or commercial property with the Borough's property registration program as a property in foreclosure and, as part of that registration:
1. 
Provide the Borough with the information regarding the creditor required by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2;
2. 
Identify the date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing; and
3. 
Identify whether the property is vacant and abandoned in accordance with the definition required by Subsection 11-4.3.
b. 
If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to register pursuant to the property registration program following the filing of the summons and complaint, the creditor shall update the property registration program within 10 days of the change in that information.
c. 
The creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned in accordance with the definition required by Subsection 11-4.3 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status.
[Amended 2-13-2023 by Ord. No. 2023-1948]
a. 
The creditor filing a summons and complaint in an action to foreclose shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property in compliance with the applicable Borough property maintenance codes if the property is vacant and abandoned at any time while the property is registered with the property registration program;
b. 
A creditor located out-of-State shall be responsible for appointing an in-State representative or agent to act for the foreclosing creditor;
c. 
A creditor filing a summons and complaint in an action to foreclose on a property, that is or becomes vacant and abandoned, shall secure the property against unauthorized entry, post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the creditor or an out-of-State creditor's in-State representative or agent for the purpose of receiving service of process, or acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property while registered with the property registration program.
[Amended 2-13-2023 by Ord. No. 2023-1948]
a. 
Property shall be considered vacant and abandoned if it is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, because of the presence or finding of at least two of the following:
1. 
Overgrown or neglected vegetation;
2. 
The accumulation of newspapers, circulars, flyers, or mail on the property;
3. 
Disconnected gas, electric, or water utility services to the property;
4. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
5. 
The accumulation of junk, litter, trash, or debris on the property;
6. 
The absence of window treatments such as blinds, curtains, or shutters;
7. 
The absence of furnishings and personal items;
8. 
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
9. 
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
10. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
11. 
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
12. 
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
13. 
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
14. 
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
15. 
Any other reasonable indicia of abandonment.
[Amended 2-13-2023 by Ord. No. 2023-1948]
A creditor required to register a property pursuant to this section shall pay a registration fee of $500 per property annually on or before February 1 of each calendar year for any property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor; and an additional $2,000 per property annually if the property is vacant or abandoned as defined in Subsection 11-4.3 above when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned as defined in Subsection 11-4.3 above at any time thereafter while the property is in foreclosure. All such annual fees and the due dates thereof shall be identified in this section.
[Amended 2-13-2023 by Ord. No. 2023-1948]
a. 
If the owner of a commercial property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a commercial property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the exterior of the property is found to be a nuisance or in violation of any applicable State or local code, the local public officer, municipal clerk, or other authorized municipal official shall notify the creditor or the representative or agent of an out-of-State creditor, as applicable, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by State law or Borough ordinance. The enforcement officer shall include a description of the conditions that gave rise to the violation with the notice of violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the Borough may impose penalties allowed for the violation of municipal ordinances.
b. 
If the Borough expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of paragraph a but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to, the recourse provided under N.J.S.A. 55:19-100.
[Amended 2-13-2023 by Ord. No. 2023-1948]
a. 
The Borough Code Enforcement officer or any other local official responsible for administration of any property maintenance or public nuisance code shall issue a notice to the creditor filing the summons and complaint in an action to foreclose, if the public officer or other authorized municipal official determines that the creditor has violated this section. In the case of a violation for failure to provide care, maintenance, security, and upkeep of the exterior of vacant and abandoned property, such notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.
b. 
An out-of-State creditor subject to this section found by the Municipal Court or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-State representative or agent pursuant to this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-State representative or agent shall commence on the day after the 10-day period set forth in N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2 for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
c. 
A creditor subject to this section found by the Municipal Court or by any other court of competent jurisdiction to be in violation, excluding only a violation addressed by paragraph b of this subsection, shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this paragraph shall commence 31 days following receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
d. 
No less than 20% of any money collected pursuant to this section shall be utilized by the Borough for municipal code enforcement purposes.
[Amended 2-13-2023 by Ord. No. 2023-1948]
As used in this section:
CREDITOR
Means a mortgagee or an agent or assignee of a mortgagee, such as the servicer, who has filed a complaint in the Superior Court seeking to foreclose upon a residential or commercial mortgage. If the entity seeking to foreclose upon the residential or commercial mortgage changes as a result of an assignment, transfer, or otherwise after the filing of the foreclosure complaint in the Superior Court, the new entity shall be deemed the creditor for purposes of this section. For purposes of this section, a creditor shall not include the State, a political subdivision of the State, a State, county, or local government entity, or their agent or assignee, such as the servicer.
[Amended 2-13-2023 by Ord. No. 2023-1948]
The Code Enforcement Officer is hereby authorized to enforce this section.
[Added 2-27-2023 by Ord. No. 2023-1953]
In accordance with the requirements of N.J.S.A. 52:27D, which is incorporated herein by reference, every single-family, two-family and multiple rental dwelling located within Bernardsville Borough that was constructed prior to 1978, shall be inspected by the Borough Zoning Officer or the Borough Housing Inspector for lead-based paint hazards within two years of the effective date of N.J.S.A. 52:27D-437.16, or upon tenant turnover, whichever is sooner.
Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-based certification pursuant to N.J.S.A. 52:27D-437.16.
[Added 2-27-2023 by Ord. No. 2023-1953]
The fee for a lead-based paint inspection shall be $50 per rental unit inspected, payable at the time of the application for a lead-safe certification. All fees collected shall be dedicated to meeting the cost of implementing and enforcing inspections and shall not be used for any other purpose. In addition, there shall be an additional fee of $20 per unit inspected, that shall be deposited into the "Lead Hazard Control Assistance Fund" established pursuant to N.J.S.A. 52:27D-437.4, unless the Department of Community Affairs has already assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.