[HISTORY: Adopted by the Township Committee
of the Township of Harrison 5-21-2001 by Ord. No. 13-2001; amended in its entirety 11-7-2005 by Ord. No.
43-2005. Amendments noted where applicable.]
A.
This chapter requires the registration of all rental
units by landlords, which includes a disclosure of the landlord/owner
of the property, and the address and telephone number of the owner,
operator or agent, in order to:
(1)
Continue to promote healthy and safe housing for the
benefit of all residents of the Township of Harrison.
(2)
Prevent and abate harmful housing conditions.
(3)
Provide for the inspection of rental units in order
to comply with certain State of New Jersey Housing Codes.
(4)
Prohibit the occupancy of any unit being rented until
such time as a certificate of occupancy shall have been issued.
B.
Farm labor housing is specifically excluded from any
jurisdiction pertaining to this chapter.
Pursuant to the provisions of N.J.S.A. 40:48-2.12a
et seq. and N.J.S.A. 40:49-5.1, the New Jersey State Housing Code,
the April 1993 Regulations for Hotels and Multiple Dwellings, the
New Jersey Uniform Construction Code, and their respective amendments,
as may be approved and adopted subsequent thereto by the Department
of Community Affairs of the State of New Jersey, are hereby accepted,
adopted and established as a standard to be used as a guide in determining
whether dwellings in the Township of Harrison are safe, sanitary and
fit for human habitation and rental. Copies of said code and the regulations
and the amendments thereto of the New Jersey Housing Code are available
at the office of the Clerk of the Township of Harrison and are available
to all persons desiring to use and examine the same.
The New Jersey Housing Code, and its amendments
thereto, are for Harrison Township, amended by the addition of the
following sections on duties and responsibilities of owner, operator
and/or registered agent as pertains to the residential unit offered
for rent:
A.
Maintenance of the exterior of the premises, free
of hazards and unsanitary conditions. The exterior of the premises,
and all structures thereon, shall be kept free of all nuisances, and
any hazard to the safety of occupants, pedestrians and any other persons
utilizing the premises, and free of unsanitary conditions, and any
of the foregoing shall be promptly removed and abated by the owner,
operator and/or registered agent of residential rental unit. It shall
be the absolute duty of the owner, operator and/or registered agent,
individually or jointly, to keep the premises free of hazards, which
include, but are not limited to the following:
(1)
Refuse: brush, weeds, broken glass, stumps, roots,
obnoxious growth, filth, garbage, trash, waste and debris.
(2)
Natural growth: dead and dying trees, limbs, stumps
and other natural growth by which rotting or deteriorating conditions
or storm damage constitute a hazard to persons in the vicinity thereof.
Trees, bushes and green growth shall be kept pruned and trimmed to
prevent such conditions.
(3)
Overhanging objects: loose and overhanging objects
and accumulations of ice and snow which, by reason of location of
aboveground level, constitute a danger of falling on persons in the
vicinity thereof.
(4)
Ground surface hazards or unsanitary conditions: holes,
excavations, breaks, projections, obstructions, icy conditions, uncleared
snow, excretions of pets and other animals on paths, walks, sidewalks,
curbs, driveways, parking lots and parking areas, or other parts of
the premises which are accessible to and used by persons on the premises.
All such holes and excavations shall be filled and repaired, and any
excrement or other waste shall be promptly removed.
(5)
Brush and hedges near the roadway: Any and all brush,
hedges and similar plant life growing within 10 feet of any roadway
and/or within 25 feet of an intersection of two roadways shall be
cut to a height not more than 2 1/2 feet in elevation from ground
level. The purpose of this is to provide clear sight triangles for
motorists exiting from a driveway or road.
B.
Responsibility. The occupant and any owner of any
rental unit shall be jointly and individually responsible for compliance
with all waste and recycling regulations of the Township of Harrison.
The owner, operator or registered agent shall require by the lease
terms that the tenant comply with such regulations. This shall not
release the owner, operator or registered agent from joint responsibility.
C.
Storage of materials on premises. No storage of building
materials, commercial or industrial goods shall be permitted on residential
property unless allowed by a use variance, which may be the subject
of this chapter.
D.
Signs. All signs permitted by reason of other regulations
or as a lawful nonconforming use shall be maintained in good repair
for purposes of protecting health and safety.
E.
Obstructions. No obstructions shall be permitted in
any residential unit being offered for rental for human occupancy
so as to prevent access to and from the residential unit to the outside.
No obstruction shall be permitted to be placed outside of any rental
unit so as to impede the exit or entry to and from said building.
F.
No residential unit being offered for rental shall
be permitted to be occupied unless the residential unit shall contain
operational windows, screens and operational doors, all of which must
be maintained in a safe fashion, so as to permit their use by occupants.
G.
No residential unit shall be offered for rental unless
the following systems are in satisfactory operating order:
H.
No owner, operator and/or registered agent of any
residential unit which may be covered by this chapter shall be rented
to a new occupant without first notifying the Housing Officer of the
Township of Harrison.
I.
In the event of an agreement, in writing, when the
new tenant or owner of the rental unit has agreed to comply with the
requirements of this chapter, as a condition of rental, the Township
of Harrison shall permit the new tenant or owner of the rental unit
to complete the repairs for purposes of complying with this chapter,
but shall not permit the residential unit to be occupied until such
time as a certificate of occupancy has been issued by the Housing
Officer of the Township of Harrison.
The Township of Harrison shall appoint a person
to exercise the powers proscribed in this chapter, by resolution duly
adopted, at any time subsequent to the adoption of this chapter, by
designating one or more public officers, which may include the Construction
Code Official, the Building Inspector, or the designated Housing Officer,
and Board of Health, for the enforcement of the provisions of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
That portion of a building which is partly above grade, and
has at least 1/2 its ceiling height above grade. Any sleeping rooms
in a basement shall comply with the emergency escape section of the
aforesaid New Jersey Uniform Construction Code.
That portion of a building which is partly or completely
below grade, and has more than 1/2 its ceiling height below grade.
Is specifically excluded from any jurisdiction pertaining
to this chapter.
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 spaces.
Any individual who lives or sleeps in, or has actual possession
of, a residential unit.
The applicant, owner, operator or registered agent shall
be an individual or organization who shall be responsible for receiving
notice of violation of this chapter, who exercises control of a rental
facility, buildings and/or structures, and/or fulfills the responsibilities
of managing, handling or dealing with a rental facility, for the purpose
of correcting such violations. That person shall be described as a
"registered agent," if not the owner or direct operator of the rental
facility. The person designated as registered agent must be an individual
or a responsible representative, who shall be a resident of the Township
of Harrison, who may be contacted in the event of an emergency, or
be capable of being served in the Township of Harrison of any notice
required under this chapter. An owner/operator may also be a registered
agent for purposes of this section. The name, address and telephone
number of such registered agent, owner or operator shall be filed
with the Township of Harrison, as provided for in this chapter.
Every building, group of buildings or a portion thereof consisting
of a dwelling, apartment and/or one or more rooms.
A room or group of rooms or any part thereof located within
a building, forming a single habitable unit with facilities which
are used or designed to be used for living, sleeping, cooking and
eating.
The Township of Harrison.
A.
All buildings, structures or residential units used,
occupied or offered for occupancy as rental facilities in any form
of lease must be registered in writing on a form provided by the Township
of Harrison, which form is appended hereto, and made a part hereof,[1] with the office of the Township Clerk. The registration
of all rental facilities, whether they be residential or commercial,
shall contain the following information:
(1)
The name and address of the owner, or the name and
address of the operator.
(2)
Telephone number of the party responsible.
(3)
Name, address and telephone number of registered agent.
(4)
The location of the building, including block, lot
and street address.
(5)
If less than the total of the building is to be used
as a rental facility, that portion shall be identified to be used
for rental.
(6)
Dimensions of each room.
(7)
Floor plan, which may be drawn by hand, indicating
the location, use and dimensions of rooms.
(8)
Name of the tenant, and those intended to occupy the
property.
[1]
Editor's Note: Said form is on file in the
Township offices.
B.
All such rental facilities shall be registered with
the Township of Harrison within 180 days of the passage of this chapter.
Any owner, operator and/or registered agent of any rental unit shall
be responsible for filing an amended registration with the Township
of Harrison within 10 days of any change or changes in any of the
information required by the registration statement.
C.
The owner
of a business, an owner of a rental unit or units, and an owner of
a multifamily home of four or fewer units, one of which is owner occupied,
must annually register the certificate of insurance with the Township.
The owner of a business or the owner of a rental unit or units shall
maintain liability insurance for negligent acts and omissions in an
amount not less than $500,000 for combined property damage and bodily
injury to or death of one or more persons in any one accident or occurrence.
[Added 9-19-2022 by Ord. No. 33-2022]
A.
All buildings or structures, or any part thereof, used, occupied or proposed to be occupied as rental dwelling units shall be inspected by the Housing Officer appointed by the Township of Harrison before every initial occupancy. A certificate of occupancy shall be issued prior to occupation for use or change of use pursuant to § 225-154 of the Code of the Township of Harrison.
[Amended 8-15-2016 by Ord. No. 24-2016]
B.
No owner, agent, broker, person or entity shall rent or lease a rental unit in such a manner as to result, permit or allow any person or persons to occupy, or to live in, as an owner, occupant, tenant or otherwise, any dwelling unit or apartment or structure, or any part thereof, unless a certificate of occupancy certifying that the structure, or dwelling is fit for human habitation. The purpose of this chapter is to provide housing that is safe and habitable, and compliant with the provisions of the New Jersey Uniform Construction Code and all applicable ordinances of the Township of Harrison, including, but not limited to, Chapter 159, Property maintenance.
[Amended 8-15-2016 by Ord. No. 24-2016]
C.
Application; issuance.
(1)
The owner, operator, agent, registered agent and/or
personal representative of the owner of the subject property shall
be responsible to complete an application for a certificate of occupancy
before any initial occupancy by a tenant.
(2)
The Housing Officer, or his representative, shall within 10 working
days of receipt of said application make an inspection of the applicable
dwelling unit or units or area to be occupied by human habitation.
The owner, operator, agent, registered agent and/or personal representative
must accompany the Housing Officer, or his representative, for purposes
of carrying out the inspection, and shall provide access throughout
the entire exterior and interior of the building, including areas
not necessarily the subject matter of human occupancy, including the
basement, heating systems, electrical systems, plumbing systems, air-conditioning
systems, smoke detection systems and other systems applicable to the
utilization of the building. In addition, the Housing Officer, or
his representative, shall confirm that the property is in compliance
the Property Maintenance Code[1] of the Township of Harrison.
[Amended 8-15-2016 by Ord. No. 24-2016]
(3)
Upon determining that this chapter, which the Township
of Harrison is empowered to enforce, has been complied with, the Housing
Officer shall issue a certificate of occupancy permit approving the
occupancy of the inspected residential rental dwelling unit and indicating
that compliance has been satisfactorily met.
D.
Correction of violations.
(1)
Upon a finding by the Housing Officer or his representative,
on behalf of the Township of Harrison, that the residential rental
dwelling unit is not in compliance with this chapter, the owner shall
thereupon be notified in writing within seven days after the inspection,
specifically noting those violations requiring correction before any
new occupancy shall be permitted to occur, and that the correction
of the violations may require construction permits, to be issued upon
proper application to the Construction Code Official. The period for
correction may be extended by the Housing Officer for a definite number
of days, for good cause shown. Good cause for an extension shall include,
but shall not necessarily be limited to:
(a)
Delays which may be attributable to weather
conditions;
(b)
Unavailability of building/construction materials;
(c)
Unavailability of contractors to correct the
violation;
(d)
Compliance required by other agencies, including
the State of New Jersey;
(e)
Delays occasioned by the securing of permits,
or the corrective action to be taken, whereby under the code or regulation
the permit officer may not be required to issue the permit immediately
upon application;
(f)
Other extenuating conditions.
(2)
Any such request shall be in written form and submitted
to the Housing Officer, in writing, within seven days of receipt of
the notice of violation.
E.
No occupation during this period shall be permitted
until the certificate of occupancy shall have been issued.
F.
No certificate of occupancy shall be issued unless
smoke and carbon monoxide detection systems as may be required shall
have been inspected and approved by the Township of Harrison, which
is authorized to provide such inspections and approvals. The carbon
monoxide system shall not be older than permitted by code.
G.
Any owner, operator, personal representative, agent
of the owner or other interested party may file a written request
challenging any part of the notice requiring correction of the code
violation or violations. The written challenge shall be filed within
10 days of the notice of code violation, with the Construction Code
Official of the Township of Harrison. The Construction Code Official
shall affirm, modify or dismiss the notice of code violation, in writing,
within 10 days of receipt of such written challenge.
H.
Upon correction of any violation which may have been
cited by the Housing Officer during the course of the certificate
of occupancy application, the owner, operator, personal representative
or registered agent shall notify the Housing Officer of the corrections,
and within five working days thereafter, a reinspection shall be made
of the required corrections.
I.
A certificate of occupancy when issued and executed by the proper
officials of the Township of Harrison shall be valid for 60 days from
its issue, or upon the occurrence of any change of circumstance which
would require a reinspection.
[Amended 8-15-2016 by Ord. No. 24-2016]
J.
Fees. See § 97-2, Fees, of the Code of the Township of Harrison.
[Amended 8-15-2016 by Ord. No. 24-2016]
K.
Violations and penalties. Any person who shall violate
any provisions of this chapter shall, upon conviction thereof, be
subject to a fine not exceeding $1,250, imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90
days. The violations described herein shall be for each separate offense,
for each day that the party having failed to comply with an order
to correct and obey the code violation or fails to obtain a valid
certificate of occupancy, or for failure to register as may be required
herein.
A.
No person shall rent to another for occupancy any
dwelling unit or commercial unit, or any part thereof, for the purpose
of living therein or operating a business use which does not conform
to the provisions of this chapter, and the New Jersey Housing Code,
as may be amended from time to time, and the New Jersey Regulations
for Maintenance of Hotels and Multiple Dwellings, and the State of
New Jersey Uniform Construction Code, and their amendments or additions
thereto. These organizations provide standards to be used in determining
whether a dwelling or dwelling unit or commercial unit, or any part
thereof, is safe, sanitary and fit for human habitation.
B.
Smoke detectors. All smoke detectors must comply with
the Uniform Fire Safety Act, N.J.S.A. 5:18-4.19.
A.
The Housing Officer or the person representing the
Housing Officer of the Township of Harrison and their designees are
hereby authorized to make inspections to determine the condition of
buildings and structures in order that they may perform their duty
of safeguarding the health, safety and welfare of the occupants thereof
and that of the general public. In order to carry out such inspections,
the Housing Officer or designee is hereby authorized to enter, examine
and survey buildings and structures at all reasonable times. The owner,
operator, personal representative, agent or occupant of every building
or structure sought to be inspected shall give the Housing Officer
free access to the building or structure at all reasonable times for
the purpose of making such inspections as may be necessary to insure
compliance with the provisions of this chapter.
B.
Complaint for alleged violation. Any person may file
a complaint alleging a violation of this chapter, and, within seven
days thereafter, the Housing Officer shall conduct an inspection as
provided for herein.
A.
Whenever the Housing Officer shall have determined
there has been a violation of this chapter, that Officer shall serve
a written notice of the violation on the owner, operator, registered
agent or personal representative, which shall include a statement
of the reasons why the violation is being issued, and any action,
if any, the responsible party must take to abate the violation. The
notice shall include that the violation must be abated within 10 days,
and if not, the certificate of occupancy for the subject premises
shall be revoked, in addition to the remedies and provisions set forth
in this chapter. The said period for correction may be extended for
good cause, based upon the provisions of this chapter.
B.
Revocation; appeal; hearing.
(1)
If a violation is not corrected within the time specified
herein or any extension thereof, the Housing Officer may serve an
order upon the responsible party that the certificate of occupancy
is revoked effective seven days from the date thereof.
(2)
Notwithstanding the correction of any violations which
may have been cited, the Housing Officer may conduct a hearing in
the manner provided herein, to consider suspension or revocation of
a certificate of occupancy on the grounds herein stated. If, as a
result of such hearing, the Housing Officer determines that the subject
building or structure or any part thereof has been the source of serious
or repeated violations of this chapter, such that the operation of
said rental facility is or has been harmful to the health and safety
of the occupants, or has constituted a public nuisance, the Housing
Officer may suspend such certificate of occupancy for such period
as he shall determine, or may revoke such certificate.
The Township of Harrison may, by resolution
of the Township Committee, direct the abatement of a nuisance, to
correct a defect, or to require the premises to be placed in such
proper condition so as to comply with the requirements of this chapter,
and that the costs thereof, upon the certification to the Township
Committee by the Housing Office, of the amount of such costs, shall
be charged as a lien against the subject lands and premises, and shall
be added to and shall become a form of taxes next to be assessed and
levied upon such lands and premises, to bear interest at the same
rate as taxes, and shall be collected and enforced in the same manner
as real estate taxes.
The Township Committee of the Township of Harrison
is hereby authorized to prepare such forms and documents as may be
necessary from time to time in order to implement and enforce the
provisions of this chapter.
A.
Any notice issued by the Housing Officer of the Township
of Harrison shall be served upon the owner, operator, personal representative,
registered agent or other person responsible for the property in question,
either personally or by certified mail, return receipt requested.
B.
In the event the whereabouts of the responsible party
is unknown, then the service of such notice shall be made by posting
a copy thereof upon the subject premises in a conspicuous place.
