The provisions of this chapter shall constitute the standards to guide the Director of Code Enforcement or his designee in determining the fitness of a building for human habitation, use or continued occupancy and to identify rental units within the Borough of Englishtown by establishing a rental property registration program. The provisions shall apply to existing residential structures and all existing premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, and life safety.
[HISTORY: Adopted by the Mayor and Council of the Borough of Englishtown 5-25-2005 by Ord. No. 2005-09 (Ch. 2.81 of the 1997 Code). Amendments noted where applicable.]
[Amended 8-23-2006 by Ord. No. 2006-19]
The words, terms or phrases listed below for the purpose of this chapter shall be defined and interpreted as follows:
The Department of Code Enforcement of the Borough of Englishtown which is authorized by the adopting ordinance to administer the provisions of this chapter.
Fit for habitation.
Any building or structure, or part thereof, used for human habitation, use or occupancy, and includes any accessory building and appurtenance belonging thereto or usually enjoyed therewith.
The certificate issued by the Department of Code Enforcement of the Borough of Englishtown; serves notice that, based on a general inspection of all visible parts of the dwelling or dwelling units, there is no unsafe condition found and the dwelling is approved for continued occupancy.
A building or structure, or part thereof, containing one or more dwelling units and includes any building or structure offered for rent to one or more tenants or family units.
Any room or group of rooms, or any part thereof, located within a building and forming a single habitable unit with facilities which are used or designed to be used for living, sleeping, cooking and eating.
A dwelling unit containing only one habitable room.
A situation where there is probable cause to believe that an issue of health or safety exists warranting immediate action.
The animal and vegetable and other organic waste resulting from the handling, preparation, cooking and consumption of food.
A room or enclosed floor space within the dwelling unit used for or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
Shall be treated as separate and individual rental properties.
The presence, within or around a building, of any insects, rodents or other pests.
A rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone, within a building.
The cleanliness and proper working order and upkeep of all areas and facilities of the unit, building and or complex used by the owner, tenants, or the public.
Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.
Any person who owns any interest in any dwelling, building or apartment complex, including but not limited to outright ownership, ownership through a partnership, corporation or limited liability company.
The primary residential living unit of the owner of the property.
As defined in N.J.S.A. 1:1-2.
Includes all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
The Director of Code Enforcement of the Borough of Englishtown or his designee.
Any structure or building which contains one or more individual residential rental units other than owner occupied structures or buildings.
A dwelling unit available for lease or rental purposes for living and dwelling purposes.
Includes all combustible and noncombustible waste material, except garbage.
Those persons who have leased the unit from the owner regardless of the type of tenancy under which they occupy the unit, and includes subtenants.
Includes electric, gas, heating, water and sewerage services, and equipment therefor.
[Amended 8-23-2006 by Ord. No. 2006-19; 12-15-2025 by Ord. No. 2025-16]
A.
No person(s), corporation or business entity shall offer any residential property for rent or lease without first registering and obtaining a registration certificate from the Borough of Englishtown.
B.
The owner of every rental property, with the exception of owner-occupied properties, in the Borough of Englishtown shall file a rental property registration application with the Department of Code Enforcement, the form of which will be on file in the Department of Code Enforcement.
C.
The rental property registration shall be filed on an annual basis. The annual rental property registration shall be filed on or before February 15 of each year (or the next business day if that date falls on a weekend or Borough holiday). Registration forms and payments shall be submitted through the Office of the Borough Clerk, which shall maintain the official record of all registrations.
D.
Registration fee. The annual registration fee shall be $225 per rental unit.
E.
The rental property registration.
(1)
Application shall include:
(a)
The name and address of all record owners of the rental property, building or the rental business, including all general partners in the case of a partnership and all members in case of a limited liability company and all shareholders in case of a corporation.
(b)
The name and address of a person who is authorized to accept notices from a tenant or the Borough and to accept service of process on behalf of the record owner.
(c)
The name and address of the managing agent and, if applicable, the name, address and telephone number of the superintendent, janitor, custodian or other persons employed to provide regular maintenance services, and the name and address of the person to contact at any time in the event of an emergency affecting the dwelling or and dwelling unit, including such emergencies as the failure of any essential service or systems, and who has the authority to make emergency decisions concerning the building or unit, including making of repairs.
(d)
The information contained in the rental property registration application must set forth information for each unit within the rental property and must include all tenants in each unit.
(e)
The name and gender of each and every adult tenant in each rental unit. Children shall be listed by age group.
(f)
The name of the vendor of utilities, including electric, fuel oil, gas.
(g)
The owner of property or agent shall provide a floor plan of the unit for rental, which shall depict the number, dimension and location of each room in the unit or structure.
(2)
In the event the tenancy changes during the year, the owner of property, landlord, or managing agent shall update the property's rental property registration file with the Borough of Englishtown prior to the issuance of the certificate of continued occupancy.
F.
Right of entry.
(1)
The Director of Code Enforcement or designee is authorized to enter the rental property or premises at reasonable times to inspect, subject to constitutional restrictions or unreasonable searches and seizures. If entry is refused or not obtained, the Director of Code Enforcement or designee is authorized to issue a summons to appear in the Court of the Borough.
(2)
The Chief of Police of the Borough of Englishtown is authorized to and may appoint police personnel to enforce the provisions of this subsection whenever the Director of Code Enforcement and/or his designee is unavailable to act; has failed to act; in the event there is an emergency; or if, in the opinion of the Chief of Police, it is necessary to act without waiting for the Department of Code Enforcement so to act. The Chief of Police of the Borough of Englishtown is also authorized to provide requested assistance from the Director of Code Enforcement for the enforcement of this chapter.
G.
Mandatory inspections.
(1)
Within six months of the effective date of this amendment, the Director of Code Enforcement and/or his designee shall have inspected every dwelling registered with the Borough of Englishtown in accordance with this § 400-3 and shall take all necessary steps to enforce compliance with all appropriate housing codes.
(2)
Within 30 days of any registration after the date of this amendment, the Director of Code Enforcement and/or his designee shall have inspected the dwelling registered with the Borough of Englishtown in accordance with this § 400-3 and shall take all necessary steps to enforce compliance with all appropriate housing codes.
H.
Follow-up inspections. Every rental unit registered in accordance with § 400-3 shall be reinspected at least once a year by the Director of Code Enforcement and/or his designee.
I.
Registrations not filed on or before the due date set forth above shall be deemed late. Beginning March 1 of each year, a late fee shall apply, increasing the total amount due to $300 per unit for that registration year. Continued noncompliance after March 1 may result in the issuance of a summons and court fines as provided in § 1-15 of this Code (General Penalty).
A.
No owner of any dwelling or dwelling unit shall rent, sell, renew the lease of, or otherwise permit occupancy of same or any part thereof by any person not a member of his/her family unless he/she shall first obtain a certificate of continued occupancy from the Department of Code Enforcement of the Borough of Englishtown. In the event of a lease, sale or other occupancy as above-described without the issuance of a certificate of continued occupancy, both the owner and/or seller and the purchases and/or lessee shall be deemed to have violated this subsection, and the Director of Code Enforcement or designee shall summon such person or persons before Borough Court of the Borough of Englishtown without further notice.
B.
An owner shall make application for a certificate of continued occupancy in reasonable time prior to closing of title on any residential premises. A certificate of continued occupancy shall be valid 90 days after date of the issuance of the certificate, after which the certificate will expire. An application for an extension may be applied for an additional 90 days. A certificate of continued occupancy shall not be required when there is no change of occupancy.
A.
Prior to the issuance of a certificate of continued occupancy, the Director of Code Enforcement or designee shall conduct an inspection of the dwelling, dwelling unit, residential premises or any other building. The inspection shall be in accordance with the provisions set forth in this chapter.
B.
The fee for a certificate of continued occupancy for all dwelling units shall be $100. The fee for an extension of time for a certificate of continued occupancy shall be $50.
A.
The Director of Code Enforcement or designee shall have authority, as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures to interpret and implement the provisions of this chapter and code, to secure the intent thereof, and to designate requirements applicable because of local climatic or other condition.
B.
Whenever there are practical difficulties involved in carrying out the provisions of this chapter or code, the Director of Code Enforcement or designee shall have the authority to grant modifications for individual cases, provided the code official shall first find that the special individual reason makes the strict letter of this chapter or code impractical and the modification is in compliance with the intent and purpose of the chapter or code and that such modifications do not lessen the health and safety requirements. The detailed action granting modifications shall be recorded and entered in the Department files.
The owner of the premises shall maintain the structure and exterior property in compliance with the requirements of this chapter. Any person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with requirements of this chapter. Occupants of a dwelling rental unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.
A.
Exterior property areas.
(1)
All exterior property and premises shall be maintained in a clean, safe and sanitary condition.
(2)
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair and maintained free from hazardous conditions.
(3)
All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
B.
Exterior of structure.
(1)
All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition.
(2)
Buildings, dwellings, and rental units shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting on the property. The numbers shall contrast with their background and be a minimum of six inches in height.
(3)
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the wall or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
C.
Interior of structure.
(1)
The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in sanitary condition.
(2)
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(3)
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(4)
Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be kept in good repair and capable of the use intended by design, and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well-painted.
A.
Garbage, rubbish or other organic waste shall be stored in watertight receptacles. Such receptacles shall be provided with tight-fitting covers. At least one garbage receptacle shall be provided for each dwelling unit.
B.
All exterior property and premises, and the interior of every structure, including common areas, shall be free from any accumulation of rubbish or garbage.
A.
Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area measured between stops for every habitable room shall be 8% of the floor area of such room. Whenever walls or other portions of structures face a window of any habitable room and are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included in calculating the requirement minimum total window area.
B.
Every dwelling shall be provided with electrical service.
C.
Every habitable space in a dwelling shall contain at least two separate and remote electrical receptacle outlets. Every laundry room, bathroom, and exterior electrical outlets, including outlets within six feet of the kitchen sink, shall be ground fault circuit interrupter protected. Every bathroom and laundry room shall contain at least one receptacle. All receptacles, switches and junction boxes must be properly covered. Extension cords are not permitted. A clear and unobstructed path to the electrical panel shall be maintained.
D.
Every portion of each staircase, hall, cellar basement, landing, furnace room, utility room and all similar nonhabitable spaces located in a dwelling shall either have natural or artificial light available at all times, with a least a sixty-watt standard incandescent light bulb.
E.
Every portion of any interior or exterior passageway or staircase common to two or more families in a dwelling shall be illuminated naturally or artificially at all times with at least a sixty-watt standard incandescent light bulb. In dwellings comprising two or more dwelling units, such illuminations shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
F.
Every bathroom and water closet compartment shall have either natural or artificial light available at all times with at least a sixty-watt incandescent light bulb. Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.
A.
Every habitable space shall have at least one operable window. The total operable area of the window in every room shall be equal to a least 45% of the minimum glazed area.
B.
Every bathroom and toilet room shall comply with the ventilation requirements for a habitable space, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
A.
Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 65° F. when the outside temperature is 0° F. The temperature shall be read at a height of three feet above floor level at the center of the room. Cooking appliances shall not be used to provide space heating to meet the requirement of the section.
B.
Every space heater, except electrical, shall be properly vented to a chimney or duct leading to the outdoors. Unvented portable space heaters burning solid, liquid or gaseous fuels shall be prohibited.
Every dwelling, dwelling unit or lodging unit, and rental unit shall have a safe and unobstructed path or ingress and egress. Such path of ingress and egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
A.
Dwelling units and rental units shall be arranged to provide privacy and be separate from other adjoining spaces.
B.
Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.
C.
Minimum ceiling heights.
(1)
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2134 mm).
(2)
Exceptions:
(a)
In one- and two-family dwellings, beams or girders spaced not less than four feet on center and projecting not more than six inches (152 mm) below the required ceiling height.
(b)
Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet four inches of clear height under beams, girders, ducts and similar obstructions.
(c)
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet or more shall be included.
D.
Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
E.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
(1)
Exceptions: units that contain fewer than two bedrooms.
F.
Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
G.
Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
H.
Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 2.81.14.
I.
Efficiency units shall meet the following requirements:
(1)
A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 feet.
(2)
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall be provided.
(3)
The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
(4)
The maximum number of occupants shall be three.
J.
All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Table 2.81.14 Minimum Area in Square Feet | |||
|---|---|---|---|
Space | 1 to 2 Occupants | 3 to 5 Occupants | 6 or More Occupants |
Living room | N/A | 120 | 150 |
Dining room | N/A | 80 | 100 |
Kitchen | 50 | 50 | 60 |
Bedrooms | See § 400-14D | ||
A.
Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings, provided the minimum net clear opening size complies with the International Residential Code, New Jersey edition, and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Subsection B.
B.
Smoke detectors. Residential occupancies not already provided with single-station smoke alarms shall be provided with approved single-station smoke alarms. Approved single-station smoke alarms shall be installed in existing dwelling units, congregate residences, rental units, and lodging-house guest rooms. Type and installation of the single-station smoke detector shall be in accordance with the New Jersey Uniform Fire Code.
C.
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. Required opening protectives shall be maintained in an operative condition. Fire doors and smoke-barrier doors shall not be blocked or obstructed or otherwise made inoperable.
A.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The imposition of the penalties herein prescribed shall not preclude the Director of Code Enforcement or designee of the Borough of Englishtown from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, or utilization of the dwelling, building, structure or premises.
A.
The International Property Maintenance Code of 2000, or such amendments and editions as may from time to time be adopted by the International Code Council, excluding Chapter 1, "Administration," are hereby adopted as standards governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings.
B.
A copy of the International Property Maintenance Code of 2000, as revised and updated, is on file in the Department of Code Enforcement and is made part of this chapter by reference. Said copy shall remain on file in the Department of Code Enforcement for the use and examination of the public.