[HISTORY: Adopted by the Mayor and Council of the Borough of Barrington 12-13-2005 by Ord. No. 827 (Ch. 99 of the 1982 Code); amended in its entirety 10-11-2016 by Ord. No. 1064. Subsequent amendments noted where applicable.]
Unless the context clearly indicates a different meaning, the following words or phrases, when used in this chapter, 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 chapter. 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 or other dwelling unit, consisting of one or more rooms 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.
CERTIFICATE
The rental certificate of inspection or resale certificate of inspection issued by the Borough attesting that the rental unit has been properly inspected in accordance with this chapter.
CERTIFICATE HOLDER
The person to whom the certificate is issued pursuant to this chapter. The term "certificate holder" includes within its definition the term "agent," where applicable.
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.
OWNER
Any person or group of persons, firm, corporation or officer thereof, partnership, association or trust which owns, operates, exercises control over, or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
PET
Any domesticated animal required to be licensed pursuant to the laws of the State of New Jersey and/or Chapter 123 of the Code of the Borough of Barrington.
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting of one or more dwelling units which is 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 which is available for lease or rental purposes. "Rental unit" shall not include that portion of a rental facility occupied by the owner.
All rental units within a rental facility hereinabove defined shall be inspected by the Borough of Barrington once every calendar year or with each change in occupancy, whichever shall occur first.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, every owner shall apply to the Borough Clerk of the Borough of Barrington, or such other person as designated by the Mayor and Borough Council, for an inspection of each rental unit contained within a building or structure.
A. 
The application for inspection shall include the following information:
(1) 
The name and domicile 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 name and domicile 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. The designation of a P.O. Box or similar alternative address does not satisfy the requirements of this section.
(2) 
If the domicile address of any record owner is not located in Barrington or in Camden County, the name and domicile address of a person who resides in Camden County and who 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.
(3) 
The name and domicile address of the agent of the premises, if any.
(4) 
The name and domicile address, including the dwelling unit number of the superintendent, janitor, custodian or other individual, employed by the owner or agent to provide regular maintenance service, if any.
(5) 
The name, domicile address and telephone number of an individual representative of the owner or agent of the owner, if domiciled in Camden County, who may be reached or contacted at any time in the event of an emergency affecting the rental facility 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 rental facility and any repair thereto or expenditure in connection therewith.
(6) 
The name of any pet residing in the rental unit, the breed of said pet, and the license number assigned to this pet pursuant to its licensure by the State of New Jersey and/or the Borough of Barrington.
(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) 
As to each rental unit, a specification of the exact number of sleeping rooms contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit a floor plan, which shall become part of the application and which shall be attached to the application for inspection when filed by the Borough Clerk or designee. The Borough shall make this information available to the emergency services providers within the Borough of Barrington.
(10) 
Such other information as may be prescribed by the Borough of Barrington.
B. 
The information provided to the Borough pursuant to the application for inspection shall be retained in the normal course of business by the Borough.
The Borough Clerk or designee shall index and file the application for inspection. In doing so, the Borough Clerk or designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the application for inspection will simultaneously satisfy the requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being inspected, and will also satisfy the inspection requirements of this chapter. The owners shall post the rental and/or resale certificate of inspection issued by the Borough in a conspicuous place within its property.
Every person required to file an application for inspection pursuant to this chapter shall file an amended application for inspection within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment.
A. 
Each rental unit within the rental facility shall be inspected at least once every twelve-month period and upon all change of tenants.
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Barrington, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Barrington shall not be used as a valid substitute.
(1) 
Such inspection shall be for the purpose of determining Ch. 360, Zoning, compliance and, to the extent applicable, code compliance for minimum health and life safety standards. For use in implementing the inspection, the agency will incorporate the International Property Maintenance Code, current edition, the Uniform Fire Code, the International Fire Code, New Jersey, current edition, and portions of the International Residential Code, New Jersey, current edition, and as it may be amended from time to time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
The inspection shall be completed within 14 days following the date that a complete application is filed with the appropriate fees paid to the Construction Department. No certificate shall be issued unless the condition of the rental unit or resale property complies with the listed codes or as may be amended from time to time. The certificate shall be signed by the Construction Official after a "pass" inspection by a qualified inspector, who is an employee of the Borough of Barrington.
C. 
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility is deemed unsatisfactory, such property shall not thereafter be approved, nor shall a certificate be issued, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected and issued a certificate. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days and, if not made within that time period, the owner shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate and distinct violation subject to the penalty provisions of § 267-17 of this chapter.
(1) 
The owner, upon execution of a waiver in favor of the Borough and for good cause being shown to the Borough, shall be permitted to apply:
(a) 
For extension of time to make repairs or corrections so as to comply with this chapter; and/or
(b) 
To permit occupancy of the rental unit prior to its inspection, provided that an inspection of the rental unit occurs within 10 days from the date of occupancy.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities and rental units, in order that they may promote the purposes of this chapter to safeguard the health, safety and welfare of the occupants of rental facilities and rental units and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities and rental units at all reasonable times. The owner or occupant of every rental facility and/or rental unit shall give the inspecting officer free access to the rental facility and/or rental unit at all reasonable times, to promote the purposes of this chapter.
B. 
Every occupant shall give the owner of the rental facility or rental unit access to any part of such rental facility or rental unit at all reasonable times for the purpose of making such repairs or alterations, as are necessary, to effect compliance with the provisions of this chapter or any lawful order issued pursuant thereto.
C. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this chapter, an inspecting officer shall conduct an inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Barrington, which has not been issued a rental and/or resale certificate of inspection in accordance with this chapter.
A. 
Certificate of inspection; property maintenance; compliance required. A rental certificate of inspection or resale certificate of inspection is required in the Borough of Barrington every time a residential or residential rental unit changes owners, users or occupants. A rental certificate of inspection or resale certificate of inspection shall be issued by the Construction Official of the Borough of Barrington prior to occupancy by a new owner on resale, new rental user, or occupancy. Either certificate shall not be issued until an inspection has been applied for and completed by the Borough of Barrington Construction Department, and a "pass" inspection has been issued by and filed with the Borough Construction Department of the Borough of Barrington. The purpose of this inspection for either certificate is to ensure that the property is habitable and/or meets the minimum standards for health and life safety requirements under the codes of the Borough of Barrington and the codes and laws of the State of New Jersey.
B. 
Residential resales. All residential buildings and/or structures shall be inspected and a resale certificate of inspection shall be issued prior to the resale of any residential building and/or structure in the Borough of Barrington. An issued resale certificate shall be good for 60 days from issuance in the event a property does not change ownership during said time period.
C. 
Residential rentals. All residential rentals, single-unit dwelling, or two- or three-unit dwelling, or multidwelling unit (four or more) shall be inspected annually and a rental certificate of inspection shall be issued prior to any re-renting or new occupancy. The owner/landlord of a single-unit dwelling or a two- to three-unit dwelling shall be registered with the Construction Department of the Borough of Barrington. For multidwelling units (four or more), the owner/landlord shall register with the Construction Department and file a copy of the certificate of registration with the New Jersey Bureau of Housing Inspection with the Clerk of the Borough of Barrington. No person, group of persons, association, partnership, business, or corporation thereof who owns, manages, conducts or operates a residential rental unit or units shall rent, lease, let or sublet or permit the same to be occupied or re-rented by another without first securing from the Borough of Barrington Construction Office a rental certificate of inspection for said residential rental unit.
D. 
Certificate required. No certificate shall be issued by the Construction Department until a "pass" inspection has been received. An application for inspection shall be provided by the Construction Department. The application shall be completed and filed by the owner, landlord or landlord management and the required fee paid prior to an inspection being scheduled. A copy of the list of items to be inspected shall be provided to the applicant as part of the application form.
[Amended 4-21-2020 by Ord. No. 1123]
At the time of the filing of the application for inspection and prior to the issuance of a rental and/or resale certificate of inspection, the owner or agent of the owner must pay a fee in accordance with the following:
A. 
An application fee of $50 per rental unit in rental facilities per inspection period or upon a change in occupancy.
B. 
An application fee of $100 for single-family or duplex rental homes per inspection period or upon a change in occupancy.
C. 
An application fee of $100 for a resale inspection of a single-family or duplex home per dwelling unit.
D. 
A fee of $75 per rental unit shall be charged pursuant to property inspections required under this chapter. Fees for the reinspection of rental and/or resale units shall be charged pursuant to property inspections performed under this chapter as follows:
(1) 
For the first reinspection, there shall be a fee of $50.
(2) 
For the second reinspection, there shall be a fee of $50.
(3) 
For the third and each subsequent reinspection, there shall be a fee of $50.
E. 
If any fee is not paid within 30 days of its due date, a late fee surcharge of $20 shall be assessed in addition to any fees outstanding.
F. 
If the owner of the property is a senior citizen who resides in a unit of the rental facility and rents out the remaining unit(s) and 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.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the application for inspection required by this chapter. This provision shall not apply to any hotel, motel or guesthouse registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act, as per N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the application for inspection in a conspicuous place within the rental unit(s).
A. 
The maximum number of occupants, as determined by the Hotel and Multiple Dwelling Occupancy Code of the State of New Jersey, N.J.A.C. 5:10-1.1 et seq., 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 29 days. Any person violating this provision shall be subject to the penalty provisions of § 267-17 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Only those occupants whose names are on file with the Borough of Barrington, as required in this chapter, may reside in the subject premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 267-17 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All dwelling units shall be maintained in accordance with the Uniform Construction Code and the International Property Maintenance Code, current edition.
A. 
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this chapter, may reside in the premises subject to the rental and/or resale certificate of inspection. 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 properties and property owner or of the public in general, such that it shall constitute a nuisance, as defined in the ordinance of the Borough of Barrington.
C. 
Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in 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 Barrington and with all applicable state and federal laws.
D. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 267-17 of this chapter.
A. 
Grounds. In addition to any other penalty prescribed herein, a certificate holder may be subject to the revocation or suspension of the rental and/or resale certificate of inspection issued hereunder upon the happening of one or more of the following:
(1) 
Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.
(2) 
Determination of a violation of this chapter at a hearing held pursuant to Subsection B, herein.
(3) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of Chapter 230, Noise.
(4) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this chapter.
(5) 
Maintaining the rental unit or units or the property in which the rental unit is a part in a dangerous condition likely to result in injury to the person or property.
B. 
Procedure; written complaint; notice; hearing.
(1) 
A complaint seeking the revocation or suspension of a rental and/or resale certificate of inspection may be filed by any one or more of the following: Chief of Police, Construction Official, Code Enforcement Officer, Fire Marshal or any other persons or officers authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Clerk or designee. The complaint shall be specific and shall be sufficient to apprise the certificate holder of the charges, so as to permit the certificate holder to present a defense. The individual(s) may file a complaint on the basis of information and belief, and need not rely on personal information.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Upon the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Mayor and Borough Council, and a date for a hearing shall be scheduled, which shall not be sooner than 15 days nor more than 30 days thereafter. The Borough Clerk or designee shall forward a copy of the complaint and a notice, as to the date of the hearing, to the certificate holder and/or the agent, if any, at the address indicated on the application for inspection. Service upon the agent shall be sufficient.
(3) 
The hearing required by this section shall be held before the Mayor and Borough Council, unless, in its discretion, the Mayor and Borough Council determine that the matter should be heard by a hearing officer, who shall be appointed by the Mayor and Borough Council. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Mayor and Borough Council within 30 days of the conclusion of the hearing. The Mayor and 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 Mayor and Borough Council, then the Mayor and Borough Council shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the rental and/or resale certificate of inspection, or determining that the rental and/or resale certificate of inspection shall not be renewed or reissued for one or more subsequent years.
(4) 
A stenographic transcript shall be made of the hearing. 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 that which generally control administrative hearings.
(5) 
The Borough Solicitor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
C. 
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action brought pursuant to this chapter by demonstrating that the certificate holder 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 the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, eviction of the tenant(s) or otherwise.
Unless another penalty is expressly provided by New Jersey statute, every person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the fines and/or penalties as are set forth in the § 1-1 of the Code of the Borough of Barrington. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter.