[Ord. No. 2021-14]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this article shall be defined
as follows:
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.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow, or room or rooms in a rooming/boarding
house, dormitory or other dwelling unit consisting of one or more
rooms, whether designed with or without housekeeping facilities, for
dwelling purposes, and notwithstanding whether the apartment be designed
for residence, for office, for the operation of any industry or business
or for any other type of independent use.
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this article.
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent" where applicable.
An individual, firm, corporation or officer thereof, partnership
association, or trust who owns, operates, exercises control over or
is in charge of a rental facility.
A residential dwelling unit which the owner utilizes as its
primary residence. A person may have only one primary residence.
An individual, firm, corporation, partnership, association,
trust, or other legal entity; or any combination thereof.
Occupied by any person 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.
A building, group of buildings or any portion thereof which
is kept, used, maintained, advertised or held out to be a place where
accommodations are supplied.
To dwell permanently or continuously, or to occupy a place
as one's legal domicile.
[Ord. No. 2015-22; Ord. No. 2021-14]
A.
Owners of every residential rental facility located within the Borough
are required to register annually with the Borough Clerk or his/her
designee, on forms supplied by the Borough. A separate registration
shall be required for each rental unit, even if more than one rental
unit is contained in the property. Such registration shall contain,
at minimum, the following information:
(1)
The name and 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 names of all general partners
shall be provided;
(2)
If the record owner is a corporation, the name and address of
the registered agent and corporate officers of said corporation;
(3)
If the address of any record owner is not located in Mercer
County, the name and address of a person who resides in Mercer County
and 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;
(4)
The name and address of the managing agent of the premises,
if any;
(5)
The name and address, including the dwelling unit, apartment
or room number of the superintendent, janitor, custodian or other
individual employed by the record owner or managing agent to provide
regular maintenance service, if any;
(6)
The name, address and telephone number of an individual representative
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
any unit of dwelling space therein, including such emergencies as
the failure of any essential service or system, and who has the authority
to make emergency decisions concerning the building and any repair
thereto or expenditure in connection therewith;
(7)
The name and address of every holder of a recorded mortgage
on the premises;
(8)
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.
(9)
The number of rental units located in the facility;
(10)
The type of unit being licensed (i.e. room, apartment, single
family home, duplex, condo, townhouse, etc.); and
(11)
The full names (first and last) of all tenants residing in the
unit, including children over two years of age.
(12)
A copy of the page(s) of the current lease showing the tenants
as listed on the application and the signature page showing said tenants
signature(s) shall be submitted with the application.
B.
Registrations shall cover a one-year period running from April 1
through March 31. Initial registrations under this article are due
no later than April 30th. Newly acquired units must be registered
prior to their rental and annually thereafter.
C.
Inspections shall be performed and a Certificate of Occupancy obtained
whenever tenancy changes or, in any event, at least once every two
years. It shall be the responsibility of the owner to arrange for
inspections when there is a change in occupancy. Routine biennial
inspections will be scheduled by the Housing Officer.
D.
It shall be a violation of this article for a person to knowingly
provide false or inaccurate information on any form submitted to the
rental housing coordinator pursuant to this article.
E.
Any change pertaining to this rental (rental status, ownership, tenant,
emergency contact) must be reported to the Code Enforcement/Housing
Inspector within 20 days.
F.
Any failure to receive notice from the Borough shall not constitute
grounds for failing to register.
[Ord. No. 2015-22; Ord. No. 2021-14]
A.
At the time of registration, the owner or agent of the owner must
pay a one-year registration fee as follows:
(1)
For one- to three-unit dwellings: $100 per unit.
(2)
For dwellings of more than three but not more than 50 units:
$90 per unit, to a maximum fee of $2,500.
(3)
For dwellings which include more than 50 units: $80 per unit,
to a maximum fee of $7,500.
(a)
Inspection for rental properties with 25 and more units will
consist of: common areas and a minimum of 20% of rental units, chosen
by the Housing inspector, will be inspected. If units fail another
20% will be chosen and inspected until all units pass or entire complex
has been inspected.
B.
Inspection at change of tenant must be completed and certificate
of occupancy issued prior to tenant moving in.
C.
One re-inspection is included within the fees listed above, provided
that the re-inspection occurs within 15 days of the initial inspection.
Otherwise, re-inspection fees shall be $50 per unit.
D.
If the owner of the property is a Senior Citizen who resides in one
unit of a two-unit property and rents out the remaining unit, and
who 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.
E.
The completed rental registration process must be received by April
30th. Beginning May 1st a late fee of $25 per month/per unit will
be assessed on all Rental Renewal applications.
[Ord. No. 2015-22]
No Certificate of Occupancy shall be issued for any property
containing a rental unit unless all municipal taxes, water and sewer
charges and any other municipal assessments for that property are
paid on a current basis.
[Ord. No. 2015-22]
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration required by this article.
This particular provision shall not apply to any hotel, motel, or
guest house registered with the State of New Jersey pursuant to the
Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3. Compliance
with this provision may be attained by posting a copy of the registration
in a conspicuous place within the rental unit(s).
[Ord. No. 2015-22]
A.
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant, or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 28 days. Any person violating this provision shall be subject to the penalty provisions of § 13-12-10.
B.
Overcrowding. The following factors may be considered by the Housing
Inspector as rebuttable presumption of overcrowding, as that term
is defined by this chapter and shall support the issuance of a summons
and complaint by the Housing Inspector, without first issuing a notice
of violation:
(1)
The occupying of areas of a rental dwelling unit prohibited
pursuant to § 13-3-8G of this chapter, such as basements
and attics;
(2)
The location of mattresses or bedding materials in areas of
a dwelling unit prohibited for occupancy pursuant to § 13-3-8G;
and
(3)
The existence of cooking appliances, and/or refrigeration units,
(excluding freezer appliances) in various areas of a dwelling unit
in addition to those located in the kitchen.
All dwelling units shall be maintained in accordance with Chapter 13 ("Housing") of the Revised General Ordinances of the Borough of Hightstown, and with the 2000 International Property Maintenance Code.
A.
Occupants. Only those occupants whose names are on file with the
Borough Clerk as provided in the Ordinance may reside in the licensed
premises. It shall be unlawful for any other person to reside in said
premises, and this provision may be enforced against the landlord,
tenant, or other person residing in said premises.
B.
Nuisance Prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding property owners or of the public in general.
C.
Compliance with Other Laws. The maintenance of all rental facilities
and the conduct engaged in and upon the premises by occupants and
their guests shall at all times be in full compliance with all applicable
Ordinances and Regulations of the Borough of Hightstown and with all
applicable State and Federal Laws.
D.
Penalties. Any landlord, tenant, or other person violating the provisions
of this article shall be subject to the penalty provisions of § 13-12.10.
A.
Grounds. In addition to any other penalty provision prescribed herein,
an owner may be subject to the revocation or suspension of any license
issued hereunder upon the occasion of one or more of the following:
(1)
Conviction of a violation of this article in the Municipal Court
or any other Court of competent jurisdiction.
(3)
Repeatedly renting the unit or units to a tenant or tenants who are convicted of violating the provisions of Article 3-7 of the Revised General Ordinances of the Borough of Hightstown ("Noise Control").
(4)
Maintaining the rental unit or units or the property of which
the rental unit is a part, in a dangerous condition likely to result
in injury to person or property.
B.
Procedure; Written Complaint; Notice; Hearing.
(1)
A complaint seeking the revocation or suspension of a license
may be filed by any one or more of the following: Director of Public
Safety, Chief of Police, Construction Code Official, Housing Inspector,
Zoning Enforcement Officer or any other person(s) or office authorized
to file such complaint. Such complaint shall be specific and shall
be sufficient to apprise the licensee of the charges so as to permit
the licensee to present a defense. The individual(s) filing the complaint
may do so on the basis of information and belief and need not rely
only on personal information.
(2)
Upon the filing of such written complaint, the Borough Clerk
or his/her designee shall immediately inform the Borough Council and
a date for a hearing shall be scheduled which shall not be sooner
than 10 nor more than 30 days thereafter. The Borough Clerk or his/her
designee shall forward a copy of the complaint and a notice of the
hearing date to the licensee and the agent, if any, at the address
indicated on the registration form. Service upon the agent only shall
be considered to be sufficient notice under this article.
(3)
The hearing required by this article shall be held before the
Borough Council, unless, in its discretion, the Borough Council determines
that the matter should be heard by a Hearing Officer who shall be
appointed by the Borough Council. If the matter is referred to a Hearing
Officer, such officer shall transmit findings of fact and conclusions
of law to the Borough Council within 30 days of the conclusion of
the hearing. The Borough Council shall then review the matter and
may accept, reject, or modify the recommendations of the Hearing Officer
based on the record before such hearing officer. In the event that
the matter is not referred to a Hearing Officer and is heard by the
Borough Council, then the decision of the Borough Council shall be
rendered, either dismissing the complaint, revoking or suspending
the license or determining that the license shall not be renewed or
reissued for one or more subsequent license years. Decisions of the
Borough Council shall be rendered no later than the second meeting
following either receipt of the Hearing Officer's recommendations
or hearing by the Borough Council.
(4)
A recorded transcript shall be made of the hearing. Such transcript
may be in the form of an audio tape, a stenographic transcript and/or
meeting minutes as recorded by the Borough Clerk and approved by Council.
All witnesses shall be sworn prior to testifying. The strict rules
of evidence shall not apply and the evidential rules and burden of
proof shall be those which generally control administrative hearings.
(5)
The Borough Attorney or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted by the Borough
Council pursuant to this article.
C.
Defenses. It shall be considered to be a defense to any proceeding
for the revocation, suspension or other disciplinary action involving
a rental license if it may be demonstrated that the owner has taken
appropriate action and has made a good faith effort to abate the conditions
or circumstances giving rise to the revocation proceeding, including
but not limited to institution of legal action against the tenant(s),
occupant(s), or guests for recovery of the premises; eviction of the
tenant(s); or otherwise.
[Ord. No. 2015-22; Ord. No. 2018-03]
A.
General Penalty. Except as otherwise set forth herein, any person who shall violate any of the provisions of this chapter shall be subject to penalties as set forth in Article 1-5 of the Revised General Ordinances of the Borough of Hightstown. Each violation of any of the provisions of this chapter and each day that such violation shall continue shall be deemed to be a separate and distinct offense.
B.
Payable Violations.
|
§ 13-3-1, Maintenance
| |
|
§ 13-3-3, Water Supply
| |
|
§ 13-3-2, Sump Pump and Sewer Line Clean-Outs
| |
|
§ 13-3-4, Plumbing and Heating
| |
|
§ 13-3-5, Electrical
| |
|
§ 13-3-6, Smoke and Carbon Monoxide Alarms Required
| |
|
§ 13-3-7, Fences
| |
|
First offense
|
$100
|
|
Second offense
|
$200 Court appearance required
|
|
Subsequent Offenses
|
Not to Exceed $2,000 Court appearance required
|
|
§ 13-3-12, Signs
| |
|
§ 13-4-4, Minimum Standards for Heating
| |
|
§ 13-4-5, Egress
| |
|
§ 13-4-7, Additional Maintenance Requirements
| |
|
§ 13-4-8, Additional Responsibilities Concerning Garbage, Rubbish and Recyclable Materials
| |
|
§ 13-4-9, Additional Responsibilities Concerning Insects and Rodents
| |
|
§ 13-4-10, Owner Responsible
| |
|
First offense
|
$150
|
|
Second offense
|
$300 Court appearance required
|
|
Subsequent Offenses
|
Not to Exceed $2,000 Court appearance required
|
|
§ 13-3-8, Use and Occupancy of Space
| |
|
§ 13-6-13, Compliance Required
| |
|
§ 13-7-1, Certificate of Compliance Required for Occupancy/Transfer of Title
| |
|
§ 13-8-1, Certificate of Compliance Required
| |
|
§ 13-12-2, Registration Required
| |
|
§ 13-12-6, Maximum Number of Occupants; Posting
| |
|
§ 13-12-8, Occupant Standards
| |
|
First offense
|
$250
|
|
Second offense
|
$500 Court appearance required
|
|
Subsequent Offenses
|
Not to Exceed $2,000 Court appearance required
|
C.
Lien to Be Placed on Property. In addition to the foregoing, and
all other remedies available to the Borough, the Borough Treasurer,
upon appropriate notification from the Mayor and Council and appropriate
certification from the enforcement officer, shall place a lien on
any property determined by the enforcement officer to be in violation
of the provisions of this code, in the amount of any and all administrative
expenses and any and all actual expenditures for work necessary in
order to maintain the property and/or abate the violation, including
the cost of removal of any offensive construction materials, refuse,
hazards, overhanging objects or any other offending physical object.
The lien placed upon such lands shall be added to and become and form
a part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as taxes, and shall be
collected and enforced by the same officers and in the same manner
as taxes. Costs shall be in addition to any penalties imposed for
any violation of this Chapter.
