As used in this chapter, the following terms shall have the meanings indicated:
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 salesperson 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 salesperson of the State of New Jersey if such person is designated by the owner as the owner's agent.
APARTMENT OR DWELLING UNIT
Any room or rooms or suite or apartment thereof, whether furnished or unfurnished, which is occupied or intended, arranged, or designated to be occupied for sleeping and 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 improvements connected with the use or occupancy thereof; and which shall include a single-family detached residence designed for use by one family or household unit for living and sleeping purposes. Owner-occupied one- or two-family dwelling units are not covered by this chapter pursuant to N.J.S.A. 46:8-28.
HEARING OFFICER
The City Attorney or designee appointed by the governing body, who shall not be an owner or lessee of any real property within the City, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
LANDLORD
The legal entity listed upon the title as it appears in the public records after the deed is properly recorded.
LANDLORD REGISTRATION CERTIFICATE
The certificate issued by Code Enforcement of the City of Egg Harbor or designee authorizing the certificate holder to maintain, operate, or otherwise conduct the business of landlord in the City of Egg Harbor attesting that the rental unit has been properly registered in accordance with this chapter.
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.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENT or RENTED
An apartment or dwelling unit 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 received consideration for occupancy, regardless of whether there is a written lease, sublease or oral understanding.
RENTAL FACILITY
Every building, group of buildings or a portion thereof 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 and is meant to include apartments and apartment complexes.
SUBSTANTIATED COMPLAINT
A complaint for a violation of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises which has been substantiated by prosecution and conviction in any court of competent jurisdiction.
A. 
Registration required. No person(s), corporation or business entity shall offer any residential property for rent, lease or let any residential property to any person(s) without first obtaining a landlord registration certificate from the City. The landlord registration form, which is required to be completed in order to obtain a landlord registration certificate, may be obtained from Code Enforcement or designee during normal business hours.
B. 
The initial registration shall occur within 30 days following the final adoption of this chapter. The initial term for the landlord registration certificate shall be for a term not to exceed eight months, or until December 31, 2022. Thereafter, the landlord registration certificate shall be renewed annually and amended, as necessary, within 30 days of each change of ownership or occupancy of any rental unit. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this chapter. The landlord registration certificate shall not include approval for the use and occupancy of a rental unit. Consistent with § 213-6H, an occupancy inspection is required for each unit. Such landlord registration certificate shall be granted or denied within 10 business days from the day of the application for the same to determine whether or not a continued certificate of occupancy, certifying that the building and premises are in compliance with all ordinances of the City of Egg Harbor, shall first be obtained from the Construction Code Official or the appropriate official as designated by the governing body of the City of Egg Harbor.
A. 
The owner of every rental property, with the exception of owner-occupied properties which contain one or two rental units, in the City of Egg Harbor shall file a landlord registration form with Code Enforcement or designee. When providing a copy of same to any other person or entity requesting same, the City Clerk, Construction Code Office and all other Departments of the City of Egg Harbor shall redact the names and addresses, age and gender of the tenants.
B. 
The landlord registration form shall be filed on an annual basis on or before December 31 of each year.
C. 
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered as provided herein. Every owner shall file with Code Enforcement or designee a landlord registration form for each unit contained within a building or structure which shall include the following information:
(1) 
The name, address and telephone number of the owner or owners of the premises and the record owner or owners of the rental business, if not the same person(s). In the case of a partnership, the names and addresses of all general partners shall be provided, together with the telephone numbers for each individual partner, indicating where such individual may be reached both during the day and evening hours. If the record owner is a corporation, the name and address of the registered agent and corporate officers of said corporation shall be provided together with the telephone number for each such individual, indicating where such individual may be reached both during day and evening hours. If the record owner is an LLC, the name and address of the managing member(s) shall be provided, indicating where such member (or its principal officers if a corporation) may be reached both during day and evening hours. All registration addresses shall be physical addresses; post office boxes are insufficient.
(2) 
If the address of the owner of record is not located in the City of Egg Harbor, the name, address and telephone number of a person who resides in the City of Egg Harbor and who is authorized to accept notices from a tenant and to issue receipts therefrom and to accept service of process on behalf of the owner of record.
(3) 
The name and address of the managing agent of the premises, if any, and the telephone number where such individual may be reached both during day and evening hours.
(4) 
The name and address of the superintendent, janitor, custodian or other individual employed by the owner of record or managing agent to provide regular maintenance service, if any, and telephone number where such individual may be reached both during day and evening hours.
(5) 
The name, address and telephone number of at least one individual representative of the owner of record 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 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.
(6) 
The names and addresses of all holders of recorded mortgages on the property.
(7) 
The owner shall be obligated to supply the required fuel type or energy utilized by the heating system and maintain said heating system in good operating condition so that it can supply heat as required, notwithstanding any contractual provision seeking to delegate or shift responsibility to the occupant or third person, except that the owner shall not be required to supply fuel or energy for heating purposes to any unit where the occupant thereof agrees in writing to supply heat to his own unit of dwelling space and the said unit is served by its own exclusive heating equipment for which the source of heat can be separately computed and billed for each such rental unit.
(8) 
A description by number or letter and floor of each such rental unit.
(9) 
The square footage of living space within each such rental unit and the number of rooms.
(10) 
Provide a detailed floor plan with the exact number of sleeping rooms contained in each rental unit and the exact number of sleeping accommodations contained in each of the sleeping rooms, identifying each sleeping room specifically by number and location within the apartment or dwelling and by the square footage thereof. This information shall be provided with the initial landlord registration form and shall be updated as part of the annual renewal process should the floor plan change. If no changes to the floor plan were made during the course of the preceding year, then the registrant shall not be required to submit an updated floor plan.
(11) 
Provide whether such rental unit is equipped with a kitchen.
(12) 
Provide whether the rental unit is equipped with a fire suppression or fire sprinkler system, a fire extinguisher, a carbon monoxide alarm, a smoke detector alarm, fixed fire escape ladders or systems for emergency egress.
(13) 
The term on the lease and a copy of the current continued certificate of occupancy.
(14) 
A copy of the most recent valid certificate of inspection issued by the State of New Jersey Bureau of Housing, Department of Community Affairs, if applicable.
(15) 
A certification as to who is paying the property taxes and water/sewerage charges.
(16) 
A copy of the completed federal lead based paint disclosure form, if applicable.
(17) 
Such other information as may be prescribed by the City on the appropriate landlord registration form or otherwise by ordinance or resolution.
Every person required to file a landlord registration form pursuant to this chapter shall file an amended registration form within 30 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment, except where the ownership of the premises has changed.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit, within the City which is not registered and for which a registration certificate has not been issued in accordance with this chapter.
A. 
Upon the filing of a completed landlord registration form, payment of the prescribed fee, and a satisfactory inspection, when required and as necessary, the owner shall be entitled to the issuance of a certificate commencing on the date of issuance and expiring on December 31 of that calendar year. A landlord registration form shall be required for each rental unit, every year, and a landlord registration certificate shall be issued to the owner for each rental unit, even if more than one rental unit is contained in the property.
B. 
At the time of the filing of the registration form, the owner or agent of the owner must pay a registration fee as provided in § 216-12.
C. 
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the landlord registration form required by this chapter. This particular 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 defined in N.J.S.A. 55:13A-3. This section may be complied with by posting a copy of the landlord registration certificate in a conspicuous place within the rental unit(s).
D. 
Maximum number of occupants; posting. 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 29 days. Any person violating this section shall be subject to the penalty provisions of § 216-13 of this article.
E. 
Only those occupants whose names are on file with the City as required in this section may reside in the licensed premises. It shall be unlawful for a nonregistered persons to reside in said premises and any owner, agent, tenant or registered tenant allowing a nonregistered person to reside in said premises and the nonregistered person, shall be in violation of this subsection.
F. 
In the event the City's authorized representatives have a reasonable basis to conclude that the occupancy limit for a particular unit is being exceeded, it shall provide notice of that fact to the landlord, who shall investigate and thereafter certify by its sworn signature that it has corrected any violation and that to the best of his knowledge no current violation exists.
G. 
A registration form shall be required for each rental unit, and license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property.
A. 
Inspections shall be performed by such person, persons or agency duly authorized and appointed by the City pursuant to the direction of the Construction Code Official. Inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the City shall not be used as a valid substitute.
B. 
Such inspection shall be for purpose of determining if the property complies with the Uniform Construction Code, the current City Property Maintenance Code, housing code and/or building code and the Uniform Fire Safety Act. Upon compliance, the Construction Code Official shall cause to be issued a landlord registration certificate pursuant to the provisions of this article.
C. 
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit indicates the need for maintenance and/or repairs, such property shall not thereafter be registered, and the landlord of the property, or his agent, shall not lease or rent such property, nor shall any tenant occupy the property until the necessary maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with the applicable code(s) and the property is thereafter subsequently reinspected, approved, registered and licensed. 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 § 216-16 of this article.
D. 
Each rental unit shall be inspected at least once every twelve-month period.
E. 
There is no fee for an initial inspection.
(1) 
Upon the filing of such written complaint, the City Clerk or designee shall immediately inform the City Council and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter. The City clerk or designee shall forward a copy of the complaint and a notice, as to the date of the hearing, to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.
(2) 
The hearing required by this section shall be held by the Hearing Officer within 30 days, such officer shall transmit his findings of fact and conclusions of law to the City Council within 30 days of the conclusion of the hearing. The City Council shall then review the matter and may accept, reject or modify the recommendations of the Hearing Officer.