This chapter shall be known as the "Single-Family
Rental and Multifamily Housing Properties Ordinance of the Town of
Boonton."
Unless the context clearly indicates a different
meaning, the following words or phrases, when used in this chapter,
shall have the following meanings:
AGENT or MANAGING AGENT
The individuals designated by the owner as the person(s)
authorized by the owner to perform any duty imposed upon the owner
by this chapter. If the owner provides no such designation, the owner
shall be considered the agent or managing agent. In any event, the
owner shall be responsible for any acts or omission by the designated
agent. The term does not necessarily mean a licensed real estate broker
or salesman 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 salesman of the State of New Jersey if such person
designated by the owner as his agent is so licensed.
APARTMENT or DWELLING
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building of one or more floors or stories, but not the entire building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment is designed for
residence, office or the operation of any industry or business or
any other type of independent use.
BUILDING
Any building or structure or part thereof used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged,
or designed to be occupied for sleeping 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.
HABITABLE ROOM
A room or enclosed floor space within a dwelling unit used
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 space.
HOUSING AUTHORITY
The Boonton Housing Authority, which is exempt from the provisions
of this chapter.
HOUSING UNIT
Any apartment, dwelling, building, dwelling unit, habitable
room or lodging unit, as defined by this chapter, regardless of the
consideration for occupancy, including but not limited to money paid,
services rendered, or accommodation incident to employment.
LICENSE
The license issued by the Building Code Officer, or his or
her designee, attesting that the housing unit has been properly registered
in accordance with this chapter.
LICENSEE
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent," where applicable.
LODGING UNIT
A 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.
OWNER
The person who owns, purports to own or exercises control
over any building.
PERMITTEE
A person to whom a permit is issued hereunder.
PERSON
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
REGISTERED TENANT
The person or persons to whom a housing unit is leased or
rented by the licensee.
SLEEPING ACCOMMODATIONS
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within any housing
unit.
No person shall hereafter occupy any housing
unit nor shall the owner permit occupancy of any housing unit within
the Town of Boonton which is not registered and licensed in accordance
with this chapter.
Upon the filing of a completed registration
form, the provision of a satisfactory and current certificate of inspection,
and payment of the prescribed fee, the owner shall be entitled to
the issuance of a license for the term commencing August 1 of the
respective year in which said application was filed. A separate registration
form shall be required for each housing unit and a license shall be
issued to the owner for each housing unit, notwithstanding the existence
of multi-housing units on the same property. Each renewal for licensure
shall be made and filed prior to the expiration of the housing license
which occurs every two years on July 31.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Fee amounts for the following shall be as provided in Chapter
130, Fees, Article
III, Fee Schedule:
A. For any
building that has three or more housing units that is inspected by
the State of New Jersey.
B. At the time
of filing the housing registration form and prior to the issuance
of the license, the owner or agent of the owner must pay a fee per
housing unit. Owner-occupied housing units are exempt from the fee.
C. The above
fee includes the cost of the initial inspection. Additional inspections,
whether due to a change of tenants, noncompliance or inability to
gain access for a scheduled reinspection, will require the payment
of a fee per reinspection visit. The cost for all inspections related
to the issuance of a license shall be paid in full no less than 24
hours prior to the scheduled reinspection.
D. If any
fee is not paid within 30 days of its due date, a late fee charged
at the prevailing rate as set forth in the applicable resolution of
the Board of Aldermen will be assessed.
Without in any way intending to infringe upon
the requirements of N.J.S.A. 46:8-28, all housing units shall be registered
and licensed as provided herein. Every owner shall file with the Code
Enforcement Officer or designee a registration form for each housing
unit contained within a building or structure which shall include
the following information:
A. The name, address and telephone number of the owner
or owners of the premises and the record owner or owners of the housing
unit, if not the same persons, shall be provided. 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, which telephone numbers shall include cell
phone numbers. 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
the day and evening hours, which shall include providing the cell
phone numbers of each such individual. All registration addresses
shall be physical addresses; post office boxes alone are insufficient.
B. If the address of the owner of record is not located
in the County of Morris, the name, address and telephone number of
a person who resides in the County of Morris who is authorized to
accept notices from a tenant and to issue receipts therefor and to
accept service of process on behalf of the owner of record.
C. The name, address and telephone number of the managing
agent of the premises, if any.
D. The name, address and telephone number of the superintendent,
janitor, custodian or other individual employed by the owner of record
or managing agent to provide regular maintenance service, if any.
E. The name, address and telephone number of an individual
representative of the owner of record or managing agent who may be
reached or contacted 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.
F. The name and address of every holder of a recorded
mortgage on the premises.
G. If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name and address of the fuel
oil dealer servicing the building and the grade of fuel oil used.
H. As to each housing unit, a specification of the exact
number of sleeping rooms contained in the housing 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.
In order to satisfy the requirements of this provision, an owner shall
submit a floor plan which shall become a part of the application and
which shall be attached to the registration form when filed by the
Building Code Official or designee.
I. Name, address and telephone number of any and all
rental agencies with the authority to lease or otherwise permit occupancy
of the subject premises.
J. Name, age, and address, including the housing unit
number, of each occupant or tenant occupying the housing unit.
K. Whether or not the landlord has conducted a tenant
screening for each new tenant and authorized adult household member.
L. Such other information as may be prescribed by the
Town on the appropriate form or otherwise by ordinance or resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Code Enforcement Officer or designee shall index and file the registration form and make it reasonably available for public inspection. In doing so, the Code Enforcement Officer or designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this chapter. The Code Enforcement Officer or designee shall maintain a master index of all such registration forms, and any person may obtain from the Code Enforcement Officer or designee a list of all housing units properly registered and licensed upon payment of a fee as indicated in Chapter
130, Fees, Article
III, Fee Schedule.
Every person required to file a registration
form pursuant to this chapter shall file an amended registration form
within 20 days of any change in the information required to be included
thereon. No fee shall be required for the filing of an amendment with
the exception of a change in ownership of the premises.
Each licensee granted a license pursuant to
this chapter shall be permitted to lease or rent the housing unit
which has been registered and for which a license has been granted
hereunder to a specific number of registered tenants, which number
shall not exceed the number which has been computed in accordance
with the following:
A. Every room occupied for sleeping purposes by one occupant
shall contain at least 70 square feet of floor area, and every room
occupied for sleeping purposes by more than one person shall contain
at least 50 square feet of floor area for each occupant thereof.
B. Housing units shall not be occupied by more occupants
than permitted by the minimum occupancy area requirements set forth
below:
(1) Minimum occupancy area requirements:
Number of
Occupants
|
Living Room
(square feet)
|
Dining Room
(square feet)
|
Kitchen
(square feet)
|
---|
1 to 2
|
No requirements
|
No requirements
|
50
|
3 to 5
|
120
|
80
|
50
|
6 or more
|
150
|
100
|
60
|
(2) Bedrooms shall comply with Subsection
A.
C. Combined living-room and dining-room spaces shall comply with the requirements of Subsection
B if the total is equal to that required for separate rooms and if the space is so located that it functions as a combination living room/dining room.
D. Kitchens, nonhabitable spaces and interior public
areas shall not be used for sleeping purposes.
E. All spaces to be used for food preparation 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.
No housing unit may be registered and no license
shall be issued for any property containing a housing unit unless
all municipal taxes, water and sewer charges and other municipal assessments
are current.
It shall be unlawful for any person over the
age of 18 to assist, aid, abet, allow, permit, suffer or encourage
a student to register or enroll in the Boonton School District where
the student is ineligible to attend. It shall be unlawful for any
person over the age of 18 to knowingly permit his or her name, address,
or other residence-designating documentation to be utilized in the
registration or enrollment of any nonresident student in the Boonton
School District. In addition to the penalties set forth in this chapter,
any person violating or failing to comply with the provisions of this
section shall, upon conviction thereof, be sentenced to make restitution
to the Town of Boonton Board of Education. In determining the amount
of such restitution, the Court shall include the amounts incurred
by the Boonton Board of Education, including but not limited to tuition
costs, investigation expenses and attorneys' fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to the penalties set forth in N.J.S.A. 46:8-35, any person who violates any chapter of this provision shall, upon conviction in the Municipal Court of the Town of Boonton or such other court having jurisdiction, be liable to the penalties provided in Chapter
1, General Provisions, Article
III, General Penalty. Any person who is convicted of violating this chapter within one year of the date of the previous violation of this chapter and who was fined for same shall be sentenced by the court to an additional fine as a repeat offender and calculated separately from the fine imposed for the violation of the chapter.
Any of the violations referred to in this chapter
may be enforced, as applicable, by the Police Department, the Code
Enforcement Department or such other persons designated by the Administrator
or having such authority by law.
[Added 8-21-2017 by Ord.
No. 14-2017]
A refund of property taxes pursuant to N.J.S.A. 54:4-3.32 shall
be granted provided that the applicant submits a complete application
to the Tax Assessor as required by N.J.S.A. 54:4-3.30. The refund
of taxes may be granted retroactively only to the date that the complete
application was submitted to the Tax Assessor.