[Adopted 6-25-2002 by Ord. No. 02-15;
amended in its entirety 8-27-2002 by Ord. No. 02-17]
A.
The owner of any dwelling or commercial unit, other
than those exempted below, shall be subject to the provisions of this
article.
B.
The following are exempt from the provisions of § 366-4A of this article:
(1)
Units in owner-occupied buildings, where there are
four units or less, and one of these units is owner-occupied.
(2)
Units in newly constructed buildings, which are being
rented for the first time. One year after the first rental, such units
will be subject to the provisions of this article.
(3)
Units where the owner is participating in an affordable
housing project approved by the Borough of Glassboro.
(4)
Units in a building whose owner has transmitted his
first sixty-day notice of his intentions to convert the building into
a condominium or cooperative and his full plan of conversion to the
Borough Clerk pursuant to N.J.S.A. 2A:18-61.8.
(5)
Units where the closing of the business is due to
personal reasons or vacations up to two consecutive months.
(6)
Units where the business conducted is of a seasonal
nature and the business will be reopened for the following year's
seasonal business.
(7)
Units which have just been purchased will be exempt
for the first six months, provided the owner/landlord/tenant applies
for the appropriate building construction permits and begins work
on the property.
C.
The following are exempt from the provisions of § 366-4B of this article:
(1)
Any unoccupied property that is under agreement of
sale. This exemption shall be limited to the first four months after
a property becomes unoccupied. Thereafter, all provisions of this
section are applicable, and all time requirements are considered to
be extended by said four-month period.
(2)
Any unoccupied property that is listed for sale by
a realtor or by the owner. This exemption shall be limited to the
first four months after a property becomes unoccupied. Thereafter,
all provisions of this article are applicable, and all time requirements
are considered to be extended by said four-month period.
A.
All such units that have been rental units shall be rented and occupied by a new tenant within four months after the end of the preceding tenant or tenants, except where this requirement has been waived by the Planning Board under the provisions of § 366-7 below, in which event the unit shall be rented and occupied within the time period specified in the waiver.
B.
All such units that have not been rented, but become vacant for any reason, shall be occupied within four months after the property becomes vacant, except where this requirement has been waived by the Planning Board under the provisions of § 366-7 below, in which event the unit shall be occupied within the time period specified in the waiver.
A.
The owner of any rental unit which is still vacant
90 days after the end of the preceding tenancy shall notify the Zoning
Officer within five days, in writing, of said continuing vacancy.
(1)
"Vacancy," as it applies to a dwelling unit, is defined
as:
(a)
Being unoccupied by any person or persons for
more than 20 days out of a month; or
(b)
Receiving no electricity, gas or fuel heat;
or
(c)
Appearing to manifest no evidence of occupancy
by a person or persons, such as by lack of furniture, lack of food
or clothing, lack of mail delivery or by being boarded up.
(2)
"Vacancy," as it applies to a commercial unit, is
defined as:
B.
Said notification shall include the following information:
(1)
The address and location within the building of the
unit.
(2)
The rent charged the preceding tenant and rent to
be charged the proximate incoming tenant.
(3)
The name, address and telephone number of the owner.
(4)
The name, address, and telephone number of the owner's
agent and/or resident manager, if any.
C.
No notification shall be required with respect to
any unit rented and occupied within 90 days or less from the end of
the preceding tenancy.
D.
The owner or other representative of any unit that
has not been previously rented, which is vacant for more than 90 days,
shall notify the Zoning Officer within five days, in writing, of such
vacancy. Such notification shall include the name, address, telephone
number of the owner and any other relevant information, such as identification
of attorney, estate or relatives with knowledge of status of ownership.
A.
Within 30 days after submission of the report required under § 366-5 above, the landlord (in those cases involving rental units) shall notify the Zoning Officer that the unit has been rented and occupied, with the names of the new tenant or tenants and the terms of the tenancy. Failure to have the unit rented and occupied within 120 days after the end of the preceding tenancy, except where a waiver has been granted by the Planning Board, shall be considered a violation of this article, and subject to the penalties set forth in § 366-9 below.
B.
Within 30 days after submission of the report required under § 366-5 above, the owner (in those cases not involving rental units) shall notify the Zoning Officer that the unit has been occupied, with the name of the new occupant or occupants. Failure to have the unit occupied within 120 days from the time that the unit became vacant, except where a waiver has been granted by the Planning Board, shall be considered a violation, and subject to the penalties set forth in § 366-9 below.
A.
A landlord may seek a waiver of the requirement to
rent the unit within 120 days of the end of the preceding tenancy
where the condition of the unit or other special circumstances make
rental within such time period impossible. In order to obtain a waiver,
the landlord must submit a request, in writing, to the Planning Board
within 90 days or less from the end of the preceding tenancy, setting
forth with specificity:
B.
Full documentation, such as code violation reports,
engineering or inspection reports, etc. shall be provided by the landlord.
Any waiver granted by the Board under this section shall specify a
date by which the unit shall be rented and occupied. The Board may
extend that date upon written request of the landlord, but may not
provide more than two such extensions of not more than 60 days each.
C.
In no circumstance shall any waiver, including extensions,
exceed six months from the time of granting of such waiver.
D.
The following circumstances shall constitute grounds
for granting of a waiver by the Planning Board:
(1)
Any owner wishes to maintain a vacant unit in order
to reserve said unit for a family member. The owner shall provide
in the waiver request full documentation, such as the name of the
future tenant, and the date of occupancy.
(2)
An owner wishes to maintain a vacant unit in order
to improve the conditions of said unit. The owner shall provide full
documentation in the waiver request, such as up-to-date building and
housing inspection reports, improvement plans, all related permits
and the date by which the unit shall be rented and occupied.
(3)
An owner maintains a vacant unit in order to correct
code violations in said unit. The owner shall provide in the waiver
request full documentation, such as code violation reports, correction
plans, permits and the date by which the unit shall be rented and
occupied.
E.
In the case of properties that have not been previously
rented, an owner may seek a waiver of the requirement to have the
unit occupied within 120 days from the time that it became vacant
where the condition of the unit or other special circumstances make
occupancy within such time period impossible. In order to obtain a
waiver, the owner must submit a request, in writing, to the Planning
Board within 90 days or less from the time that the unit became vacant
setting forth with specificity:
Any individual affected by the action or inaction
of an owner of a dwelling unit or commercial unit subject to the provisions
of this article, any civic organization and any appropriate municipal
agency may file a complaint of violation of this article with the
Borough of Glassboro Municipal Court.
A.
A first violation of § 366-4, or the conditions upon which a waiver has been granted by the Board, shall be punishable by a fine of not less than $100 or more than $500. Each day during which an owner is in violation of § 366-4 of this article, or the conditions upon which a waiver has been granted, shall constitute a separate violation hereunder.
Any landlord of any unit which has been vacant 90 days or more from the end of the preceding tenancy, as of the effective date of this article, shall be required to file the notification required under § 366-5 of this article within 15 days of the effective date of this article.
