[Adopted 12-16-2002 by Ord. No. 2002-18; amended in its entirety 7-22-2008 by Ord. No.
2008-15]
As used in this article, the following terms
shall have the meanings indicated:
ENFORCEMENT OFFICIAL
The Township Construction Code Official, the Township Building
Inspector or any other local official duly authorized and appointed
by the Township Administrator to perform the duties set forth in this
article.
LANDLORD, OWNER or TITLE HOLDER
The natural person(s) or legal entity(ies) listed on the
title as it appears in the public records of the Township of Lumberton
after the deed has been properly recorded in accordance with the laws
of the State of New Jersey and the Township of Lumberton, including
any person who owns any legally cognizable interest in the deeded
property and any person who is properly authorized to exercise powers
of or for an owner of property used as a residential rental unit.
OCCUPANT or TENANT
Any natural person or persons who have contracted as lessees
to lease a unit or apartment from the landlord, owner or title holder,
regardless of the kind or type of tenancy under which they occupy
the unit or apartment.
RENT
The leasing, rental, letting or other granting of occupancy
for any period of time where title to the residence is not transferred
to the occupant at any time during the residency.
RESIDENTIAL RENTAL PROPERTY
Any building, structure, cottage, bungalow, boardinghouse
or other dwelling unit, or part thereof, containing one or more residential
or living units, furnished or unfurnished, which is occupied or so
intended, arranged or designed to be occupied for sleeping or dwelling
purposes and is so registered with the Township of Lumberton in accordance
with Township laws, codes and ordinances, and the laws of the State
of New Jersey, for the purpose of residential occupancy, except that
it shall not include residential property that is owner-occupied,
meaning that the person seeking to rent, lease or let the residential
rental property resides in a unit or apartment contained within the
building in which that person seeks to rent, lease or let units.
UNIT or APARTMENT
Any portion of a residential rental property rented or offered
for rent, for the purposes of living and/or dwelling, to an individual
or family, together with all privileges, services, furnishings, furniture,
equipment, facilities, permanent fixtures and improvements connected
with the use or occupancy of such portion of the property. Such units
may be a room, collection of rooms, all or part of a floor in a building,
quarters or appended room or dwelling, with or without housekeeping
facilities, which is occupied or intended to be occupied by an individual
or family for sleeping or dwelling purposes.
Hearing on notice of defect. Any person affected
by any notice which has been issued in connection with the enforcement
of any provision of this article or of any rule or regulation adopted
pursuant hereto may request and shall be granted a hearing on the
matter before the Township Committee, provided that such person shall
file in person or by mail in the office of the Township Clerk a written
petition requesting such hearing within 10 days after the notice was
served.
A. Upon receipt of such petition, the Township Clerk
shall set a time and place of such hearing within 30 days therefrom
and shall give the petitioner and enforcement official five days'
written notification thereof. At any hearing held in accordance with
this section, the petitioner shall be given an opportunity to be heard
and to show cause why such notice should be modified or withdrawn.
The Township Committee shall have the power to administer oaths and
affirmations in connection with the conduction of any such hearing,
and the rules of evidence prevailing then in the courts shall not
be controlling in any such hearings.
B. Order. After hearing, the Township Council shall sustain,
modify or withdraw the notice depending upon its findings as to whether
the provisions of this article and the rules and regulations adopted
pursuant hereto have been complied with. If the Township Committee
sustains or modifies such notice, it shall be deemed to be an order.
The proceedings at such hearings, including the findings and decision
of the Township Committee, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Township
Clerk. Such record shall also include a copy of every notice or order
issued in connection with the matter. Any person aggrieved by the
decision of the Township Committee may seek relief therefrom in any
court of competent jurisdiction as provided by the laws of this state.
Fines or penalties for any violation of this
article shall be enforceable by the Lumberton Township Police Department,
Board of Health, Construction Code Official or such other persons
designated by the Township Committee or having such authority by law.
[Adopted 9-7-2023 by Ord. No. 2023-09]
ADVERTISE or ADVERTISING
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 violation
of this article, 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 article.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promising or
benefit, a quid pro quo, rent, fees, other form of payment, or thing
of value.
DWELLING UNIT
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 guests,
for consideration, for a period of 30 days or less.
HOUSEKEEPING UNIT
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 or unreported
decisions of the Superior Court of New Jersey.
OCCUPANT
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 possessory rights within a
dwelling unit.
OWNER
Any persons and entities, association, limited-liability
company, corporation, or partnership, or any combination, who legally
use, possess, own, lease, sublease or license (including an operator,
principal, shareholder, director, agent, or employee, individually
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.
PERSON
An individual firm, corporation, association, partnership,
limited-liability company, association, entity, and any persons and/or
entities acting in concert or any combination therewith.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by any person
who is a member of the housekeeping unit of the owner without consideration,
such as house guests, is permitted.
Any owner that is renting their property to a person for a term of over 30 days but less than a yearly shall pay a registration and/or inspection fee to the Township. Applicable fees are detailed in the universal fee chart located in Chapter
18, §
18-2, reference number 65, of the Code of the Township of Lumberton.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article of the Township Code.