[HISTORY: Adopted by the Township Committee of the Township
of Weymouth as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-7-1998 by Ord. No. 359-98]
The following words or phrases, when used in this article, shall
have the following meanings:
An individual or individuals designated by the owner as the
person(s) authorized by the owner to perform any duty imposed upon
the owner by this article, including a licensed real estate broker
or salesman of the State of New Jersey if such a person designated
by the owner as his agent is so licensed.
Any building or structure or part thereof used for human
habitation, use or occupancy, and including any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms for dwelling purposes which occupy all or part
of a floor or floors in a building, whether designed with or without
housekeeping facilities, and notwithstanding whether the apartment
is designed for residential use or the operation of any industry or
business or any other type of independent use.
Any room or rooms, suite or a part thereof, 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,
including but not limited to the owner thereof or any other servants,
agents or employees. This definition applies only to those dwelling
units, including single-family residences, which are available for
lease or rental purposes.
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.
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.
See "agent."
The person who owns, purports to own or exercises control
over any building.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Includes the terms "dwelling," "building," "dwelling unit,"
"habitable room" or "lodging unit" as defined by this chapter, provided
that same are rented or leased for a period of 31 days or more during
any calendar year. This definition shall not apply to any single-family
home which is not available for rental purposes or which is actually
inhabited by the owner of record as his or her primary residence.
[Amended 12-17-2014 by Ord. No. 536-2014]
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within a rental
unit. A standard single bed shall count as a proper accommodation
for one individual and a standard double bed as a proper accommodation
for two individuals.
The person or persons to whom a rental unit is leased or
rented by the owner.
A metallic dumpster designed for the storage of garbage or
trash outdoors, that is leakproof and has a close-fitting cover that
closes tightly, consisting of 0.3 cubic yards for each residential
unit that the trash receptacle is dedicated to for use.
[Added 6-2-2004 by Ord. No. 416-2004]
All rental units shall hereafter be registered with the Zoning
Officer or his designee on forms which shall be provided for that
purpose and which shall be obtained from the Zoning Officer or his
designee. Such registration shall occur on an annual basis as provided
herein.
[Amended 12-17-2014 by Ord. No. 536-2014]
Each rental unit shall be registered and inspected annually.
The registration term shall commence on the date the rental unit is
initially registered, and such registration shall be valid for one
year, at which time it shall expire and a new registration shall be
required. The initial registration for 1988 shall occur within 30
days after the adoption of this article. Any lease which has been
executed prior to the adoption of this article shall not be affected,
but the rental unit must nevertheless be registered, inspected and
certified as habitable in accordance with this article. No rental
unit shall hereafter be rented unless the rental unit has been registered
in accordance with this article.
A.
Each rental unit shall be inspected at least once a year. For the
initial year 1998, all rental units must be registered within 30 days
of the adoption of this article. Each rental unit shall be scheduled
for inspection upon registration. It is specifically the purpose of
this article that any registration is subject to revocation in the
event that the rental unit fails any inspection.
B.
Such inspection shall be for the purposes of determining compliance
with all applicable zoning, housing, property maintenance, safety
or similar codes, including without limitation the Weymouth Township
Land Use Ordinance, the BOCA National Property Maintenance Code, the
Uniform Construction Code and the Uniform Fire Code.[1]
C.
The fees to be charged for such inspection shall be in accordance
with the Fee Schedule established from time to time by the Township.
D.
Corrections.
(1)
In the event that a rental unit fails inspection, such rental unit shall not thereafter be certified as habitable, and the owner or his agent shall not lease or rent such rental unit, nor shall any tenant occupy the rental unit, until the necessary corrections have been made so as to bring the rental unit into compliance with the applicable codes and the rental unit is certified as habitable. When unsatisfactory conditions are discovered, all such corrections shall be made as prescribed by the applicable codes referred to in Subsection B of this section.
(2)
If the rental unit is already occupied at the time of inspection, the tenant shall be permitted to remain in the rental unit while corrections are made. In the event that the subject codes do not specify a date by which corrections shall be made, then in that event all corrections shall be made within 60 days from the date of notification of a failed inspection, and if not made within that time period, the owner shall be deemed in violation of this article, and every day that the violation continues shall constitute a separate offense for which the owner shall be liable for the penalties set forth in § 196-16 of this article.
(3)
In the event that an inspection discloses the existence of any condition
determined by the inspector to be an imminent hazard, the inspector
shall have the right to order the immediate vacation of the rental
unit(s) as necessary for the protection of human life and property.
Subsequent to January 1998, no person shall hereafter occupy
any rental unit nor shall the owner permit occupancy of any rental
unit within Weymouth Township if said rental unit has not been registered
and received a certificate of habitability in accordance with this
article.
Upon the filing of a completed registration form, successful
completion of the necessary inspections and payment of the prescribed
fees, an owner shall be entitled to the issuance of a certificate
of habitability for each approved rental unit. Each certificate of
habitability shall identify the rental unit and shall further state
the number of occupants allowed in such rental unit. For the purposes
of this article, each condominium unit shall be treated as a separate
and distinct rental unit.
At the time of filing the rental registration form, the owner
shall pay all necessary fees in accordance with the Fee Schedule established
from time to time by Weymouth Township.
All rental units shall be registered as provided herein. Every
owner, either personally or through his agent, shall file with the
Zoning Officer or his designee a registration form for any rental
unit located within Weymouth Township. Said registration form shall
include the following information:
A.
The name and address of the record owner(s) of the premises and the
record owner(s) of the rental business, if not the same person(s).
In the case of a partnership, the names and addresses of all general
partners shall be provided, together with the telephone numbers for
each such individuals indicating where such individuals may be reached
both during the day and evening hours.
B.
If the record owner is a corporation, the name and address of the
registered agent and the name and address of the person to be contacted
for any reason regarding the rental unit, if other than the registered
agent.
C.
If the address of any record owner is not located in Weymouth Township,
the owner shall designate an agent or manager who resides in Atlantic
County and who is authorized by the owner to perform any duty imposed
upon the owner by this article.
D.
The name, address and telephone number of an individual representative
of the record owner or manager or agent located in Atlantic County
who may be reached or contacted at any time in the event of an emergency
affecting the premises or any rental unit 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.
E.
The name and address of every holder of a recorded mortgage on the
premises.
F.
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.
G.
As to each rental unit, specification of the exact number of sleeping
rooms contained in the rental 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
rental unit 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 registration application and
which shall be attached to the registration form.
H.
Such other information as may be prescribed from time to time by
Weymouth Township.
The Zoning Officer or his designee shall index and file the
rental registration form and make it reasonably available for public
inspection. In doing so, the Zoning Officer or his designee shall
follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented,
so that the filing of the rental 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 rental registration requirements of this article. The Zoning Officer
or his designee shall maintain a master index of all such rental registration
forms, and any person may obtain from the Zoning Officer or his designee
a list of all properly registered rental units upon payment of the
appropriate fees as listed on the Weymouth Township Fee Schedule.
Every person required to file a rental registration form pursuant
to this article shall file an amended rental registration form within
20 days after any change in the information required to be included
thereon.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
article. This particular provision shall not apply to any hotel, motel
or guesthouse registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Law as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the rental
registration form in a conspicuous place within the rental unit(s).
Each owner of a rental unit registered pursuant to this article
shall be permitted to lease or rent said rental unit to a 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.
Rental units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements as set forth in this article.
If there is a discrepancy regarding the number of occupants permitted
pursuant to this article, the most restrictive requirement shall govern.
C.
Combined living room and dining room spaces shall comply with the
requirements of this article.
D.
The maximum allowable number of people on any deck shall be one person
per nine square feet.
A.
It shall be unlawful and in violation of this article for an owner
or a tenant of any registered rental unit to allow a number of people
greater than the permitted maximum number of occupants to rent or
occupy any rental unit. It shall also be a violation of this article
for the owner to lease a rental unit to a number or group of tenants
which exceeds the total number of sleeping accommodations which has
been established for said rental unit pursuant to this article. It
shall also be unlawful for any tenant or any owner of a dwelling unit
to knowingly permit a number of people greater than the maximum number
of sleeping accommodations to sleep in or occupy the dwelling unit
overnight. It shall also be unlawful for a tenant or an owner to allow
a number of people greater than the maximum number of people permitted
to occupy the decks or porches of a rental unit to occupy the decks
or porches of said rental unit.
B.
All police, zoning or code enforcement officials of Weymouth Township
are authorized to issue a summons for a violation of this article
to any owner or tenant found to be in violation of this article.
No rental unit shall be issued a certificate of habitability
unless all municipal taxes, water charges, sewer charges and other
municipal assessments are paid on a current basis.
A.
Grounds. In addition to any other penalties prescribed herein, an
owner may be subject to a revocation or suspension or a certificate
of habitability issued hereunder upon the happening of one or more
of the following:
(1)
Conviction for a violation of this article in the Court of Weymouth
Township or any other court of competent jurisdiction.
(3)
Repeated (two or more) violations of any applicable noise control
regulation.
(4)
Allowing the existence of a dangerous condition likely to result
in injury to person or property within a rental unit or at a property
of which the rental unit is a part.
(5)
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
B.
Procedures; written complaints; notice; hearing.
(1)
A complaint seeking revocation or suspension of the certificate of
habitability may be filed by any official authorized pursuant to any
code with which the rental unit is required to comply. Such complaints
shall be in writing filed with the Housing Inspector or his designee.
The complaint shall contain sufficient information specific to apprise
the owner or tenant of the charges so as to permit a proper defense.
The individual filing the complaint may do so on the basis of information
and belief and need not rely on personal information.
(2)
Upon the filing of such written complaint, the Housing Inspector
shall set a date for hearing, which shall not be sooner than 10 nor
more than 30 days thereafter. The Housing Inspector or his designee
shall forward a copy of the complaint and a notice as to the date
of the hearing to the owner, manager or agent, if any, at the address
indicated on the registration form. Notice served upon the manager
or agent shall be deemed sufficient for the purposes of this article.
(3)
The hearing required by this article shall be held before the Housing
Inspector unless, in his discretion, the Housing Inspector determines
that the matter should be heard by a hearing officer who shall be
appointed by the Housing Inspector. If the matter is referred to a
hearing officer, such officer shall transmit his findings of fact
and conclusions of law to the Housing Inspector within 30 days of
the conclusion of the hearing. The Housing Inspector shall then review
the matter and may accept, reject or modify the recommendations of
the hearing officer based on the record before such hearing officer.
In the event that the matter is not referred to a hearing officer
and is heard by the Housing Inspector, then the Housing Inspector
shall render a decision within 30 days of the conclusion of the hearing.
Following the hearing, a decision shall be rendered dismissing the
complaint, revoking or suspending the certificate of habitability
or determining that the certificate of habitability shall not be renewed
or reissued for one or more subsequent license years.
(4)
A tape recording of the hearing shall be kept for a period of 45
days after said hearing. A transcript of said hearing will be supplied
upon request to Weymouth Township and upon payment of an appropriate
fee as determined by length of the hearing. All witnesses shall be
sworn prior to testifying. The strict rules of evidence shall not
apply, and evidential rules and burden of proof shall be that which
generally control administrative hearings.
(5)
The Township Attorney or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
Any person who violates any provision of this article shall,
upon conviction in the municipal court of Weymouth Township or such
other court having jurisdiction, be liable for a fine not exceeding
$1,000 or imprisonment of a term not exceeding 90 days or by a period
of community service not exceeding 90 days, or by any one or more
of the above. Each day that a violation occurs shall be deemed a separate
and distinct violation subject to the penalty provisions of this chapter.
[Added 7-16-2004 by Ord. No. 404-2004]
The agent or manager for any building consisting of three or
more rental units shall be required to provide a trash receptacle
on site whereon the building is located, which shall be emptied on
a weekly basis. Said trash receptacle shall be screened from public
view with fencing treatment around the entire perimeter of the trash
receptacle.
