[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 6-2-2008 by Ord. No. 8-2008 (Ch. 81 of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 93.
Construction code enforcement — See Ch. 104.
Property maintenance — See Ch. 215.
 — See Ch.
The purpose of this chapter is to ensure that rental units are properly maintained and that the lives and property of all Township residents are protected.
Certain words and phrases are used in this chapter which for the purpose hereof are defined as follows:
DWELLING UNIT
Any room or rooms or suite or apartment, including any room or rooms in a rooming/boarding house, 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.
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. A person may have only one primary residence in the Township.
[Amended 10-9-2012 by Ord. No. 4-2012; 6-26-2023 by Ord. No. 131-2023]
A. 
Any person, purchaser under installment contract, partnership, corporation or other legal entity who owns or is contracted to own any house, building, mobile home or structure or complex of buildings, or boardinghouses within the Township of Buena Vista in which there is rented or offered for rent housing for living or dwelling purposes under written or oral lease shall file an application. A new application shall be submitted on the change of occupants.
B. 
Every owner shall file with the Township Clerk or designee of Buena Vista Township a registration form for each unit/room contained within a building or structure, which shall include the following information:
(1) 
The name and 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 names and addresses of all general partners shall be provided, together with the telephone numbers of each of such individuals, 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 numbers for each of such individual, indicating where such individual may be reached both during the day and evening hours.
(2) 
If the address of any record owner is not located in Buena Vista Township or Atlantic County, the name and address of a person who resides in Atlantic 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 address of the agent of the premises, if any.
(4) 
The name and 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, address and telephone number of an individual representative of the owner or 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 future 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.
(6) 
The name and address of every holder of a recorded mortgage on the premises.
(7) 
The type of fuel that is used to heat the dwelling and if the landlord furnishes the heat (as per lease contract) for said dwelling. The name and address of the fuel dealer servicing the building and the grade of fuel used if oil heat.
(8) 
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, if so, deemed necessary by any local or state code official, which shall become part of the application and which shall be attached to the registration form when filed by the Township or designee.
(9) 
A signed registration form that the owner will ensure biannually that each dwelling unit has battery-powered smoke detectors on every level and by every separate sleeping area and one carbon monoxide detector if flame heating or cooking devices are being used in the dwelling.
(10) 
Lead paint certification as per Township Code Chapter 156, Article I.
(11) 
Such other information as may be prescribed by the Township.
[Added 6-26-2023 by Ord. No. 131-2023]
A. 
Pursuant to P.L. 2022, c. 92, and any other laws adopted thereafter by the legislatures of the State of New Jersey, institutes a minimum liability insurance requirement for owners of rental units. The law requires owners of a rental unit or units to maintain liability insurance for negligent acts and omissions in an amount no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or coverage minimum which becomes effective for insurance policies issued on or after February 1, 2023. Owners are required to annually register the certificate of insurance in the municipality where the rental unit(s) or multifamily unit(s) is located.
B. 
Pursuant to P.L. 2022, c. 92, and any other laws adopted thereafter by the legislatures of the State of New Jersey, institutes a minimum liability insurance requirement for owners of rental units for a multifamily home. The law requires owners of a multifamily home which is four or fewer units, one of which is owner-occupied, to maintain liability insurance for negligent acts and omissions in an amount no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or coverage minimum which becomes effective for insurance policies issued on or after February 1, 2023. Owners are required to annually register the certificate of insurance in the municipality where the rental unit(s) or multifamily unit(s) is located.
[Added 6-26-2023 by Ord. No. 131-2023]
A registration fee of $75 shall be paid annually as above provided to the Township of Buena Vista for conducting the annual registration covered by this chapter for all rental and multifamily rental units.
[Amended 6-26-2023 by Ord. No. 131-2023]
Only those occupants whose names are on file with the Township Clerk, as provided in this chapter, may reside in the registered premises. 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.
[Amended 10-9-2012 by Ord. No. 4-2012; 6-26-2023 by Ord. No. 131-2023]
The Township Clerk shall have the authority to violate any property owner, or registered agent on behalf of the property owner, which violates any of the provisions of this chapter who shall, upon conviction in the Municipal Court of the Township of Buena Vista, be punished for each offense by a fine of not less than $500 and not more than $2,000, imprisonment of not more than 90 days, and/or a period of community service for not more than 90 days.
[Amended 6-26-2023 by Ord. No. 131-2023]
Inspections are required under Chapter 142, Fire Prevention, Part 1, Uniform Fire Code Enforcement; Firesafety, for the inspection of residential rentals. A smoke detector and carbon monoxide/fire extinguisher application must be filled out prior to the change of tenant for all rental units.
[Amended 6-26-2023 by Ord. No. 131-2023]
All dwelling units shall be inspected and maintained in compliance with the Uniform Construction Code, Uniform Fire Code and Buena Vista Township's Property Maintenance Codes.