[1967 Code § 10-1]
a.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the "New Jersey
State Housing Code" as approved by the Department of Community Affairs,
and filed in the Secretary of State's office, is hereby accepted,
adopted and established as a standard to be used as a guide in determining
whether dwellings in this Borough are safe, sanitary and fit for human
habitation and rental. Three copies of the "New Jersey State Housing
Code" have been placed on file in the office of the Borough Clerk
and are available to all persons desiring to use and examine the same.
b.
Compliance. No person shall occupy as owner/occupant or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the "New Jersey
State Housing Code," established hereby as the standard to be used
in determining whether a dwelling is safe, sanitary and fit for human
habitation.
[1967 Code § 10-2]
a.
Enforcing Authority. The Gloucester County Department of Health is
hereby designated as the Housing Code Officer to exercise the powers
prescribed by this section. They shall serve in such capacity without
any additional compensation.
b.
Rules and Regulations. The Housing Code Officer is hereby authorized
and empowered to make and adopt such written rules and regulations
as they may deem necessary for the proper enforcement of the provisions
of this section, provided, however, that such rules and regulations
shall not be in conflict with the provisions of this section, nor
in anywise alter, amend or supersede any of the provisions thereof.
The Housing Code Officer shall file a certified copy of all rules
and regulations which he may adopt in the office of the Borough Clerk.
[1967 Code § 10-3.1; amended 9-12-2022 by Ord. No. 8-2022]
a.
The Housing
Code Officer is hereby authorized and directed to make inspections
to determine the condition of dwellings, dwelling units, rooming units
and premises located within the Borough in order that they may perform
their duty of safeguarding the health and safety of the occupants
of dwellings and of the general public. For the purpose of making
such inspections, the Housing Code Officer is hereby authorized to
enter, examine and survey at all reasonable times all dwellings, dwelling
units, rooming units and premises.
b.
Lead-based
Paint Hazard Inspection Frequency Requirements; Single-family, Two-family,
and Multiple Rental Dwellings.
1.
This
subsection is adopted pursuant to N.J.S.A. 52:27D-437.16.
2.
The following
is required in regard to lead-based paint hazard inspections for single-family,
two-family, and multiple rental dwellings:
(a)
The Housing Officer shall inspect every single-family, two-family,
and multiple rental dwellings located within the Borough at tenant
turnover for lead-based paint hazards or by July 22, 2024, whichever
is earlier. 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-safe certification pursuant to this
section.
(b)
The Borough shall charge the dwelling owner or landlord a fee sufficient
to cover the cost of the inspection as may be set from time to time
by the Borough.
(c)
A rental dwelling owner or landlord may directly hire a lead evaluation
contractor who is certified by the Department of Community Affairs
to provide lead paint inspection services to satisfy the requirements
of paragraph (1) of this subsection.
(d)
The Housing Officer or lead evaluation contractor with the duty to
inspect single-family, two-family, and multiple rental dwellings pursuant
to this section may consult with the local health board, the Department
of Health, or the Department of Community Affairs concerning the criteria
for the inspection and identification of areas and conditions involving
a high risk of lead poisoning in dwellings, methods of detection of
lead in dwellings, and standards for the repair of dwellings containing
lead paint.
(e)
Fees established pursuant to this subsection shall be dedicated to
meeting the costs of implementing and enforcing this subsection and
shall not be used for any other purpose.
3.
Notwithstanding Subsection b. of this section to the contrary, 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 if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(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.
(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 this
section.
4.
Lead-based
paint hazards.
(a)
In the event a lead evaluation contractor or Housing Officer finds
that a lead-based paint hazard exists in a dwelling unit upon conducting
an inspection pursuant to this section, then the owner of the dwelling
unit shall remediate the lead-based paint hazard by using abatement
or lead-based paint hazard control methods, approved in accordance
with the provisions of the Lead Hazard Evaluation and Abatement Code,
N.J.A.C. 5:17-6.3 et seq. Upon the remediation of the lead-based paint
hazard, the lead evaluation contractor or permanent local agency shall
conduct an additional inspection of the unit to certify that the hazard
no longer exists.
(b)
In the event a lead evaluation contractor or Housing Officer finds
that no lead-based paint hazards exist in a dwelling unit upon conducting
an inspection pursuant to this section or following remediation of
a lead-based paint hazard pursuant to Paragraph (1) of this subsection,
then the lead evaluation contractor or Housing Officer shall certify
the dwelling unit as lead-safe on a form prescribed by the Department
of Community Affairs as provided for in regulations or guidance promulgated
pursuant to Section 8 of N.J.S.A. 52:27D-437.20. The lead-safe certification
provided to the property owner pursuant to this paragraph shall be
valid for two years.
5.
In the
event a lead evaluation contractor or Housing Officer finds that a
lead-based paint hazard exists in a dwelling unit upon conducting
an inspection pursuant to this section, notification shall be made
to the Commissioner of Community Affairs, in accordance with section
8 of the “Lead Hazard Control Assistance Act,” N.J.S.A.
52:27D-437.8.
6.
Beginning
on July 22, 2022, property owners shall notify the Borough Housing
Officer of all tenant turnovers.
7.
A rental
property owner that has failed to comply with the requirements for
inspection and/or remediation and abatement after 30 days' written
notice to cure 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.
8.
h. In
addition to the fees permitted to be charged for inspection of rental
housing pursuant to this section, each unit owner shall be charged
an additional fee of $20 per unit inspected by a certified lead evaluation
contractor or permanent local agency for the purposes of the “Lead
Hazard Control Assistance Act,” N.J.S.A. 52:27D-437.1 et seq.,
concerning lead hazard control work, unless the unit owner demonstrates
that the Department of Community Affairs has already assessed an additional
inspection fee of $20 pursuant to the provisions of Section 10 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. The fees collected pursuant
to this subsection shall be deposited into the “Lead Hazard
Control Assistance Fund” established pursuant to Section 4 of
N.J.S.A. 52:27D-437.4.
9.
As used
in this section, “tenant turnover” means the time at which
all existing occupants vacate a dwelling unit and all new tenants
move into the dwelling unit.
[1967 Code § 10-3.2]
a.
By Housing Code Officer. The owner or occupant of every dwelling,
dwelling unit and rooming unit, or the person in charge thereof, shall
give the Housing Code Officer free access to such dwelling, dwelling
unit or rooming unit and its premises at all reasonable times for
the purpose of such inspection, examination and survey.
b.
By Owner. Every occupant of a dwelling or dwelling unit shall give
the owner thereof, or his/her agent or employee, access to any part
of such dwelling or dwelling unit, or its premises, at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this section
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this section.
[1967 Code § 10-4.1]
Whenever the Housing Code Officer determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this section, or of any rule or regulation adopted pursuant
thereto, they shall give notice of such alleged violation to the person
or persons responsible therefor as hereinafter provided. Such notice
shall:
a.
Be in writing.
b.
Include a statement of the reasons why it is being issued.
c.
Allow a reasonable time for the performance of any act, if required.
d.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this section and with
the rules and regulations adopted pursuant thereto.
[1967 Code § 10-4.2]
The notice of violation shall be served upon the owner or his/her
agent, or the occupant, as the case may require. Such notice shall
be deemed to be properly served upon such owner or agent, or upon
such occupant, if a copy thereof is served upon him/her personally,
if a copy thereof is sent by registered mail to his/her last known
address, if a copy thereof is posted in a conspicuous place in or
about the dwelling affected by the notice, or if (s)he is served with
such notice by any other method authorized or required under the laws
of this State.
[1967 Code § 10-5]
a.
Request for Hearing. Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this section, or of any rule or regulation adopted pursuant thereto,
may request and shall be granted a hearing on the matter before the
Housing Code Officer, provided such person shall file in the office
of the Borough Clerk a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor within 10
days after the day the notice was served. Upon receipt of such petition,
the Borough Clerk shall set a time and place for such hearing and
shall give the petitioner written notice thereof.
b.
Time of Hearing. Postponements. The hearing shall be commenced not
later than 10 days after the day on which the petition was filed.
Upon application of the petitioner, the Housing Code Officer may postpone
the date of the hearing for a reasonable time beyond such 10 day period
if in their judgment the petitioner has submitted a good and sufficient
reason for such postponement.
c.
Conduct of Hearing. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn.
[1967 Code § 10-5.4]
After such hearing, the Housing Code Officer shall sustain,
modify or withdraw the notice, depending upon their findings as to
whether the provisions of this section and of the rules and regulations
adopted pursuant thereto have been complied with. If the Building
Subcode Official sustains or modifies such notice, it shall be deemed
to be an order.
Any notice served pursuant to this section shall automatically
become an order if a written petition for a hearing is not filed in
the Office of the Borough Clerk within 10 days after such notice is
served.
[1967 Code § 10-5.5]
The proceedings at such hearing, including the findings and
decision of the Housing Code Officer, shall be summarized, reduced
to writing and entered as a matter of public record in the Office
of the Borough Clerk. Such record shall also include a copy of every
notice or order issued in connection with the matter.
[1967 Code § 10-5.6]
Any person aggrieved by the decision may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this State.
[1967 Code § 10-6]
a.
Emergency Orders. Whenever the Housing Code Officer finds that an
emergency exists which requires immediate action to protect the public
health or safety, they may, without notice or hearing, issue an order
reciting the existence of such an emergency and requiring that such
action be taken as they deem necessary to meet the emergency, notwithstanding
the other provisions of this section, when such order shall be effective
immediately.
b.
Immediate Compliance. Any person to whom such order is directed shall
comply therewith immediately, but upon petition to the Borough Clerk
shall be afforded a hearing as soon as possible. After such hearing,
depending upon their findings as to whether the provisions of this
section and of the rules and regulations adopted pursuant thereto
have been complied with, the Housing Code Officer shall continue such
order in effect, modify it or revoke it.
[1967 Code § 10-7; New]
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
Each violation of any of the provisions of this section and
each day the same is violated shall be deemed and taken to be a separate
and distinct offense.
[1967 Code § 5-9.1]
This section is regulatory and not for revenue purposes, and
is enacted to safeguard the health, life and safety of the occupants
of rental rooms in properties containing two or more rental rooms.
[1967 Code § 5-9.2]
No person shall offer for rent two or more rental rooms, without
securing a rental room license from the rental room licensing officer.
Any establishment which is licensed or approved and annually inspected
by the State of New Jersey shall be exempt from the provisions of
this section.
[1967 Code § 5-9.3]
The application for a license to manage, conduct and carry on
the business of renting two or more rental rooms in the Borough shall
be made to the rental room licensing officer on a form provided by
the Borough, and shall accurately state the location of the property
and the name of the owner and operator where such business is proposed
to be conducted. The application shall also state the number of rental
rooms in the property.
[1967 Code § 5-9.4]
License applications shall be referred to the Chief of the Fire
Department, the Chief of the Police Department, the Health Officer,
the Zoning Officer and the Construction Official to insure compliance
with all Borough codes and ordinances under their respective jurisdictions.
No license to manage, conduct and carry on the business of renting
two or more rental rooms shall be issued by the rental room licensing
officer until any disclosed violations of the Borough codes and ordinances
are fully corrected.
[1967 Code § 5-9.5]
The fee for a license to manage, conduct and carry on the business
of renting two or more rental rooms shall be $15 per rental room per
year, or any part thereof. The licensing year shall be from January
1 to December 31 of each year. Licenses in existence on the effective
date of this subsection shall be charged pro rata, to December 31,
1982 and thereafter the license shall extend on a calendar year only.
[1967 Code § 5-9.6]
A rental room license shall be nonassignable and nontransferable
and a new application shall be made by the new owner or operator of
any property for which a rental room license has been issued. Every
person holding such a license, or his representative, shall give notice
in writing to the rental room licensing officer 10 days prior to transferring
in any manner his ownership or control of the interest in such property.
The notice shall include the name and address of the person who shall
succeed to the ownership or control of the property and to the interest
of the former owner or operator in same.
[1967 Code § 5-9.7]
a.
Any holder of a rental room license shall not rent rooms for occupancy
to any person who is unable to ascend or descend stairs unassisted,
dress or bathe without assistance, or leave the premises without assistance,
care or supervision.
b.
A license holder shall maintain within the property a register showing
the names and previous addresses of all persons renting rooms in the
property, and the names and addresses of all persons who should be
notified in case of any emergency. Such register shall be available
at all times for examination by authorized representatives of the
Borough.
c.
A license issued under this section shall be displayed within five
feet of the main entrance of the property.
[1967 Code § 5-9.8]
The Construction Official of the Borough is designated the rental
room licensing officer.
[1967 Code § 5-9.9]
No license shall be issued for the rental of two or more rental
rooms in any property unless the maintenance of such property complies
with the requirements of the Hotel and Multiple Dwelling Law, N.J.S.A.
55:13A-1 et seq.
a.
Fire escapes shall conform to the requirements of the State of New
Jersey in any building subject to such requirements, and a red light
on the access passageway or doorway shall be lighted at all times.
Doors leading to such fire escapes shall be unlockable from the inside
at all times and shall open outward.
b.
Where directed by the rental room licensing officer, there shall
be installed in every rental room above the first floor in any building
of frame construction, a nonmechanical portable fire escape of nonrope
construction having a tensile strength of 800 pounds and which shall
be securely fastened to the wall or window head in the rental room
and be enclosed in a metal box with instructions for use on the cover
of the box.
c.
The rental room licensing officer may, in addition to the foregoing
minimum requirements, require such other protective features as he
may deem necessary within his sound discretion for the safety of the
occupants of the rental room.
d.
No rental room shall be rented for occupancy by more than two persons.
[1967 Code § 5-9.10]
The property in which the business of renting two or more rental
rooms is conducted may be inspected from time to time by the authorized
representatives of the Borough to insure compliance with Borough codes
and ordinances. If such representatives find any violation of the
codes and ordinances of the Borough and the condition is not corrected
within 30 days after notice in writing is presented, the license to
rent two or more rental rooms may be revoked by the rental room licensing
officer five days after written notice and hearing. However, where
it appears that by reason of existing violations there is an immediate
danger to the life, health and safety of the occupants, the owner
or operator, as the case may be, may be required to abate or repair
the conditions complained of within a shorter period of time pursuant
to N.J.S.A. 55:13A-16 and N.J.S.A. 55:13A-17.
[Ord. No. 15-2018]
Unless otherwise specified herein, the following definitions
shall be used for terms within this section:
Shall mean any form of solicitation, promotion and communication
for marketing, used to solicit, encourage, persuade or manipulate
viewers, readers or listeners into contracting for goods and/or services
in violation of this section, as same may be viewed through various
media including but not limited to, newspapers, magazines, flyers,
handbills, pamphlets, commercials, radio, direct mail, internet websites,
or text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this section.
Shall mean soliciting, charging, demanding, receiving or
accepting any legally recognized form of consideration including a
promise or benefit, a quid-pro-quo, rent, fees, other form of payment,
or thing of value.
Shall mean any structure, or portion thereof, whether furnished
or unfurnished, which is occupied in whole or in part, or intended,
arranged or designed to be occupied, for sleeping, dwelling, cooking,
gathering and/or entertaining, as a residential occupancy, by one
or more persons. This definition includes an apartment, condominium,
building, cooperative, converted space or portions thereof, that is
offered to use, made available for use, or is used for accommodations,
lodging, cooking, sleeping, gathering and/or entertaining of occupants
and/or guest(s), for consideration.
Shall mean and constitutes a family-type situation, involving
one or more persons, living together that exhibit the kind of stability,
permanency and functional lifestyle equivalent to that of a traditional
family unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Shall mean any individual using, inhabiting, living, gathering,
entertaining, being entertained as a guest, or sleeping in a Dwelling
Unit, or portion thereof, or having other permission or possessor
right(s) within a Dwelling Unit.
Shall mean any person(s) or entity(ies), association, limited
liability company, corporation or partnership or any combination,
who legally use, possess, own, lease, sub-lease or license (including
an operator, principal, shareholder, director, agent or employee,
individual or collectively) that has charge, care, control or participates
in the expenses and/or profit of a Dwelling Unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
Shall mean an individual, firm, corporation, association,
partnership, limited liability company, association, entity and any
person(s) and/or entity(ies) acting in concert or any combination
therewith.
Shall mean the use of a Dwelling Unit by an Occupant(s).
[Ord. No. 15-2018]
Notwithstanding anything to the contrary in the Borough Code,
it shall be unlawful for an owner, lessor, sublessor, any other person(s)
or entity(ies) with possessory or use right(s) in a dwelling unit,
their principals, partner or shareholders, or their agents, employees,
representatives and other person(s) or entity(ies), acting in concert
or a combination thereof, to receive or obtain actual or anticipated
consideration for soliciting, advertising, offering, and/or permitting,
allowing, or failing to discontinue the use or occupancy of any Dwelling
Unit, as defined herein, for a period of less than 28 days.
Nothing in this section will prevent formation of an otherwise
lawful occupancy of a Dwelling Unit for a rental period of 28 days
or more.
Nothing in this section will prevent formation of an otherwise
lawful occupancy of a Dwelling Unit for a rental period of less than
28 days to an active duty member of the United States military.
Nothing in this section will prevent formation of an otherwise
lawful occupancy of a Dwelling Unit for a rental period for less than
28 days, provided that the owner of the premises physically resides
on the premises for the entire rental period, and has received approval
from the Borough Planning and Zoning Board to operate as a bed and
breakfast.
The residential occupancy of an otherwise lawful and lawfully
occupied Dwelling Unit for a period of less than 28 days by any person
who is a member of the Housekeeping Unit of the Owner, with or without
consideration, such as house guests, is permitted.
[Ord. No. 15-2018]
The provisions of this section shall be enforced by the Zoning
Officer, Building Code Official, Fire Official, Health Department,
Police Department, Borough Administrator and/or other Department Head
or Sub-Code or Code Official, as their jurisdiction may arise and/or
other persons designated by the Borough Council, to issue municipal
civil infractions directing alleged violators of this section and/or
to appear in court or file civil complaints.
A violation of this section is hereby declared to be a public
nuisance per se, and is hereby further found and declared to be offensive
to the public health, safety and welfare.
Any person found to have violated any provision of this Ordinance
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission of a fine not
exceeding $500. Each day of such violations shall be a new and separate
violation of this section.
The penalty imposed herein shall be in addition to any and all
other remedies that may accrue under any other law, including, but
not limited to, eviction proceedings and/or injunction, reasonable
attorney's fees or other fees and costs, in the Borough's Municipal
Court or the Superior Court of New Jersey in the vicinage of Gloucester
County or in such other Court or tribunal of Competent jurisdiction,
by either summary disposition or by zoning or construction code municipal
proceeding.
