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.