[Adopted 2-4-2020 by Ord. No. 04-2020]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this article, 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 article. 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, any room or rooms or other
dwelling unit, 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. Each dwelling unit shall
contain no more than one kitchen or cooking facility.
COMMERCIAL
Related to or connected with trade and traffic or business
and commerce.
COMMERCIAL UNIT
A building or structure, or any part thereof, used for the
manufacturing, processing or assembling of material or manufactured
products, or for research, office, industrial, commercial, retail,
service, recreational, hotel or motel facilities, or for warehousing
purposes, or for any combination thereof.
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. Each dwelling unit shall contain no more than
one kitchen or cooking facility.
OWNER
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust who owns, operates, exercises
control over, or is in charge of a rental facility.
OWNER-OCCUPIED
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the Township.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless
of whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
RENTAL FACILITY
Every building, group of buildings or a portion thereof,
including, but not limited to, apartments, commercial units, dwelling
units and rental units, 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 or commercial unit which is available by
lease, rental or otherwise, to persons other than the owner for a
period of not less than 90 consecutive days. "Rental unit" shall not
include that portion of a rental facility, dwelling, commercial unit
or dwelling unit that is owner-occupied. "Rental unit" shall not include
any rooming house or boardinghouse, which is prohibited by the Township.
SHORT-TERM RENTAL OWNER
An individual or group of individuals or legal entity (e.g.,
trust, family partnership, limited liability company) residing or
owning residential real property located in the Township of Logan.
For purposes of this article, as relating to short-term rental units,
at least one individual who owns an interest in the rental facility
shall be a resident of the Township.
SHORT-TERM RENTAL UNIT
A dwelling unit which is made available for occupancy by
someone other than the unit's owner for a period of 90 days or less
per year.
TENANT
Occupancy by a person or entity in a unit other than the
owner.
In addition to the registration requirements of N.J.S.A. 46:8-28,
all owners of rental units and short-term rental units shall be registered
annually, as provided herein. Every owner shall file with the Township
Clerk, or other designated department in the Township of Logan, a
registration form for each rental unit or short-term rental unit,
which shall include the following information:
A. The name and address of each record owner or owners of the rental
facility and the record owner or owners of the rental business, if
not the same persons. In the case of a partnership, the name and 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.
B. If the record owner is a corporation or limited liability company,
the name and address of the registered agent, together with a telephone
number of the registered agent, and the name and address of each corporate
officer(s) of said corporation.
C. If the address of any record owner is not located in Logan Township
or in Gloucester County, the name, address and telephone number of
a person who resides in Gloucester County and who is authorized to
accept notices from a tenant or the Township and to issue receipts
therefor and to accept service of process on behalf of the record
owner.
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
number, apartment or room number, of the superintendent, janitor,
custodian or other individual employed by the owner or managing agent
to provide regular maintenance service, if any.
F. The name, address and telephone number of an individual representative
of the owner or agent or the owner, if domiciled in Gloucester County,
who may be reached or contacted at any time in the event of an emergency
affecting the rental facility or any rental unit or short-term rental
unit therein, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith and shall, at all times, have access to a current list of
building tenants that shall be made available to emergency personnel
as required in the event of an emergency.
G. The name and address of every mortgagee (lender) of 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 or short-term rental unit, a specification
of the exact number of sleeping rooms contained in the rental unit
or short-term rental unit. In order to satisfy this requirement, an
owner shall include a floor plan of each level of the rental facility
as part of the application and attached to the registration form when
filed with the Township Clerk or other designated department.
J. The name, telephone number and age of each tenant of each rental
unit or short-term rental unit. The owner of any rental unit or short-term
rental unit shall be responsible for maintaining a record of each
tenant for every tenancy of the rental unit or short-term rental unit
for a two-year period from the termination of each tenancy.
K. The number and type of all pets.
L. The submitted registration form shall include a copy of a valid property
liability insurance policy providing coverage for each rental unit
or short-term rental unit for which registration is sought. The property
liability insurance policy shall be valid and in effect for the full
term of the registration period.
M. Such other information as may be prescribed by the Township of Logan.
Every person required to file a registration form pursuant to
this article shall file an amended registration form and fee within
10 days after any change in the information required to be included
thereon.
No rental unit or short-term rental unit may be registered unless
all municipal taxes, water and sewer charges and any other municipal
assessments are paid on a current basis.
All rental units and short-term rental units shall be maintained
in accordance with the Uniform Construction Code, International Property
Maintenance Code and the Code of the Township of Logan.
This section is intended to regulate short-term rental units
to preserve the health, safety, and public enjoyment of all residents
and tenants within the Township.
A. The requirements, prohibitions, restrictions, and all other provisions
of this article shall apply to the rental of short-term rental units
and the short-term rental owners.
B. In addition to the requirements, prohibitions, restrictions set forth
in this article, short-term rentals shall comply with each of the
following regulations:
(1) The person offering a dwelling unit for occupancy as a short-term
rental unit shall be the owner of the dwelling unit.
(2) Advertisements for the availability of short-term rental units shall
not contain any language that is inconsistent with the requirements
and prohibitions set forth in this article.
(3) Short-term rentals shall be limited to a maximum of 90 days per year.
However, no short-term rental unit shall be rented for more than 14
consecutive days.
(4) No accessory buildings on a property may be used for a short-term
rental unit occupancy.
(5) Short-term rentals shall not be conducted in a manner that is disruptive
or adverse to the safety, well-being and quiet enjoyment of the Township's
residents and visitors.
(6) Short-term rental shall not be permitted for the purpose of hosting
commercial or social events.
(7) Short-term rental units shall not be rented to any person younger
than 21 years of age.
(8) No signs or any other type of advertisement are permitted indicating
a dwelling unit is available for occupancy as a short-term rental
unit.
(9) Every rental facility with a short-term rental unit shall contain
the requisite number of smoke detectors and carbon monoxide detectors
as required by the state's Fire Safety Code. Each smoke detector and
carbon monoxide detector within the rental facility shall be hardwired
in such a manner that the activation of one detector will activate
all of the detectors in the rental facility.
(10)
The owner of each short-term rental unit shall conspicuously
post the following information in the short-term rental unit:
(a)
The telephone number of the short-term rental owner and person
responsible for building maintenance issues of the short-term rental
unit.
(b)
The telephone number(s) for the Township Police Department and
the Township Code Enforcement Department.
(c)
The locations of all emergency exit routes, fire extinguishers,
and fire alarms within the short-term rental unit.
(d)
The maximum number of parking spaces available on-site.
(e)
Notification that any short-term renter shall be subject to
fines and penalties for any violations of this article or for violations
of the Township Municipal Code.
Any person who violates any provision of this article shall,
upon conviction in the Municipal Court of the Township of Logan, or
such other court having jurisdiction, be liable to a fine not to exceed
$2,000, and subject to revocation of the registration permit. Each
day that a violation occurs shall be deemed a separate and distinct
violation, subject to the penalty provisions of this article.
[Adopted 12-20-2022 by Ord. No. 20-2022]
The owner, landlord and/or agent of every single-family, two-family,
and/or multiple-dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards no
later than July 22, 2024, or upon tenant turnover, whichever is earlier.
After the initial inspection required by §
127-18, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq. and N.J.S.A. 55:13A-1 et seq., as may be amended from time to
time.
A dwelling unit in a single-family, two-family, or multiple
rental dwelling shall not be subject to inspection and evaluation
for the presence of lead-based paint hazards, or for the fees for
such inspection or evaluation, if the unit:
A. Has been certified to be free of lead-based paint;
B. Was constructed during or after 1978; or
C. Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law,
N.J.S.A. 55:13A-1 et seq.
D. Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
E. Has a valid lead-safe certification issued in accordance with N.J.S.A.
52:27D-437.16d(2).
If lead-based paint hazards are identified, then the owner of
the dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16d.
Upon the remediation of the lead-based paint hazard, the Township
Code Enforcement Officer, or designee as may be applicable, or the
owner's private lead inspector shall conduct an additional inspection
of the unit to certify that the hazard no longer exists.
If no lead-based paint hazards are identified, then the Township
Code Enforcement Officer or designee or the owner's private lead
inspector shall certify the dwelling as lead-safe on a form prescribed
by the Department of Community Affairs, which shall be valid for two
years and shall be filed with the Township's Code Enforcement
Officer. The Township Code Enforcement Officer shall maintain up-to-date
information on inspection schedules, inspection results, tenant turnover
and a record of all lead-free certifications issued pursuant to N.J.A.C.
5:17.
In accordance with N.J.S.A. 52:27D-437.16e and commencing on
the effective date of this article, property owners shall:
A. Provide evidence of a valid lead-safe certification and the most
recent tenant turnover to the Township of Logan at the time of the
cyclical inspection.
B. Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover and shall affix a copy
of such certification as an exhibit to the tenant's or tenants'
lease.
C. Maintain a record of the lead-safe certification which shall include
the name or names of the unit's tenant or tenants if the inspection
was conducted during a period of tenancy.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this article shall be as follows:
A. If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B. If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.