Unless the context clearly indicates a different meaning, the following words or phrases, when used in this chapter, shall have the following meaning:
AGENT
The 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. 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, any room or rooms in a rooming/boarding house or other dwelling unit, consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment is designed for residence, for an office or the operation of any industry or business or for any other type of independent use. Each dwelling unit shall contain no more than one kitchen or cooking facility.
COMMERCIAL
Related to or connected with trade and traffic or business and commerce.
COMMERCIAL UNIT
A building or structure, or any part thereof, used for the manufacturing, processing or assembling of material or manufactured products, or for research, office, industrial, commercial, retail, service, recreational, hotel or motel facilities, or for warehousing purposes, or for any combination thereof.
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, 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 improvement connected with use or occupancy thereof. Each dwelling unit shall contain no more than one kitchen or cooking facility.
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 Borough.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENT or RENTED
Occupied by any person or persons other than the owner, regardless of whether there is a written or oral agreement and regardless of whether the owner receives consideration for the occupancy.
RENTAL FACILITY
Every building, group of buildings or a portion thereof consisting of fewer than three dwelling units and has sleeping facilities for fewer than 25 occupants, kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals.
RENTAL UNIT
A dwelling unit or commercial unit which is available by lease, rental, short-term rental, or otherwise, to persons other than the owner. Rental unit shall not include that portion of a rental facility, dwelling, commercial unit or dwelling unit that is owner-occupied.
SHORT-TERM RENTAL
The accessory use of a dwelling unit as defined in this section for occupancy by someone other than the unit's owner or permanent resident for a period of 14 or fewer consecutive days, which dwelling unit is regularly used and kept open as such for the lodging of guests and which is advertised or held out to the public as a place regularly rented to transient occupants as defined in this section.
SHORT-TERM RENTAL PROPERTY
A residential dwelling unit, as defined in this section, that is used and/or advertised for rent as a short-term rental for transient occupants as guests as those terms are defined in this section.
TENANCY
Occupancy of the unit by one or more tenants.
TENANT
Occupant in a unit other than the owner.
TRANSIENT OCCUPANT
Any person, or a guest or invitee of such person, who, in exchange for compensation, occupies or is in actual or apparent control or possession of residential property, which is either: 1) registered as a short-term rental property, or 2) satisfies the definition of a short-term rental property, as such term is defined in this section. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the short-term rental is a transient occupant.
All rental units shall hereafter be registered with the Borough Clerk or designee of the Borough of Paulsboro, or such other person as designated by the Borough Council, on forms which shall be provided for that purpose, and which shall be obtained from the Borough Clerk or designee. Such registration shall occur on an annual basis, as provided herein.
A. 
Each rental unit shall be registered with each change in occupancy. The registration term shall commence on January 1 and shall be valid for a calendar year, at which time it shall expire and a new registration shall be required. 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 and inspected in accordance with this article. No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this article.
B. 
A registration application shall be required to be submitted for each rental unit, even if more than one rental unit is contained in the property.
All properties registered as a rental unit, including short-term rentals, must be insured through an applicable combined property/liability insurance single limit of no less than a policy of $500,000 per occurrence.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered, as provided herein. Every owner shall file with the Borough Clerk or designee of the Borough of Paulsboro, or such other person as designated by the Borough Council, a registration application for each unit contained within a building or structure, which shall include the following information:
A. 
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 name and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, where such individual 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, together with a telephone number of the registered agent, and the name and address of the corporate officers of said corporation.
C. 
If the address of any record owner is not located in Paulsboro or in Gloucester County, the name and address of a person who resides in Gloucester 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.
D. 
The name and address of the managing agent of the premises, if any.
E. 
The name and address, including the dwelling unit number, apartment or room number, of the superintendent, janitor, custodian or other individual employed by the owner or managing agent to provide regular maintenance service, if any.
F. 
The name, address and telephone number of an individual representative of the owner or agent or the owner, if domiciled in Gloucester County, 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 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 and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency.
G. 
The name and address of every holder of a recorded mortgage on the premises.
H. 
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.
I. 
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, which shall become part of the application and which shall be attached to the registration application when filed by the Borough Clerk or designee.
J. 
A classification of the rental unit type using the following abbreviations:
SFD
(Single-Family Detached)
SFA
(Single-Family Attached)
DPL
(Duplex - two units)
TPL
(Triplex - three units)
QD
(Quad - four units)
CPL
(Complex - five or more units)
RH
(Rooming house)
CM
(Commercial - unit is located in a commercial business structure)
K. 
As to each rental unit, the following suffix classifications in addition to the above rental unit type classifications:
O
(location has one or more units occupied by the owner)
A
(tenancy is restricted by age or disability)
S
(rent is subsidized)
C
(unit is located in a structure that has been converted from a nonrental property to a rental property)
Z
(other)
L. 
The name, phone number and age of each occupant.
M. 
The number and type of all pets.
N. 
Proof of insurance that satisfies the requirements of § 59B-6.
O. 
Such other information as may be prescribed by the Borough of Paulsboro.
A. 
The Borough Clerk or designee shall index and file the registration forms. In doing so, the Borough Clerk 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 article.
B. 
Upon a determination that the registration application meets the requirements of § 59B-7, the Borough Clerk or designee shall provide a permit to the person or entity listed. Each certificate of inspection shall correspond to the rental unit listed on the registration application even if more than one rental unit is contained in the property.
C. 
The owner shall conspicuously post the certificate of inspection at the rental unit.
Every person required to file a registration form pursuant to this article shall file an amended registration form within 20 days after any change in the information required to be included thereon.
A. 
Each rental unit shall be inspected at least once every twelve-month period. The landlord of all buildings containing more than 25 rental units shall be responsible for conducting annual inspections to confirm compliance with the legal occupancy and Building, Property Maintenance and Fire Code requirements of the Borough Code to safeguard the health, safety and welfare of all tenants. The landlord shall submit to the Borough a certification annually confirming that all rental units located in the building comply with the occupancy and Building, Property Maintenance and Fire Code requirements of the Borough Code on a form prescribed by Borough officials. Nothing contained herein shall preclude the Borough of Paulsboro from conducting inspections of any rental unit located within any building containing more than 25 rental units in accordance with the provisions of this chapter.
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Paulsboro, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Paulsboro shall not be used as a valid substitute.
C. 
Such inspection shall be for the purpose of determining zoning ordinance compliance, and, to the extent applicable, to determine if the property complies with the Property Maintenance Code, Uniform Construction Code, BOCA Maintenance Code, Housing Code and/or Building Code and/or Uniform Fire Safety Act.
D. 
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made, so as to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected and registered. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, 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 and distinct violation, subject to the penalty provisions of § 59B-21 of this article. The owner, however, shall be permitted to apply for extension of time to make repairs or corrections so as to comply with this article, for good cause shown.
A. 
The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming/boarding houses, in order that they may promote the purposes of this article to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming/boarding houses and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units and rooming/boarding houses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming/boarding house shall give the inspecting officer free access to the rental facility, rental unit and rooming/boarding house at all reasonable times, for the purpose of such inspections, examinations and surveys.
B. 
Every occupant shall give the owner of the rental facility, rental unit and rooming/boarding house access to any part of such rental facility, rental unit and rooming/boarding house at all reasonable times for the purpose of making such repairs or alterations are necessary to effect compliance with the provisions of this article or any lawful order issued pursuant thereto.
C. 
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this article, an inspecting officer shall conduct an inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Paulsboro, which is not registered in accordance with this article.
A. 
At the time of the filing of the registration application, the owner or agent of the owner must pay an inspection fee of $100 per rental unit.
B. 
In the event that a reinspection of a rental unit is deemed to be necessary pursuant to § 59B-10, the owner or agent of the owner must pay a $50 reinspection fee.
C. 
An inspection fee shall be imposed upon each change of occupancy for each rental unit in accordance with Chapter 22.
D. 
If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining unit and would otherwise qualify under the State of New Jersey property tax deduction under N.J.S.A. 54:4-8.41, there shall be no inspection or reinspection fee.
E. 
If any inspection or reinspection fee is not paid within 30 days of its due date, a late fee surcharge of $50 will be assessed.
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 Act, as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
A. 
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of § 59B-21 of this article.
B. 
Only those occupants whose names are on file with the Borough of Paulsboro, as required in this article, may reside in the registered premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 59B-21 of this article.
A. 
In addition to the requirements, prohibitions, and restrictions set forth in this article, short-term rentals shall comply with each of the following regulations:
(1) 
The person offering a dwelling unit for rent as a short-term rental unit shall be the owner of the dwelling unit. The rental facility containing the short-term rental unit shall be the primary residence of the owner.
(2) 
Advertisements for the availability of short-term rental units shall not contain any language that is inconsistent with the requirements and prohibitions set forth in this section.
(3) 
No short-term rental unit shall be rented for more than 14 consecutive days. Further, no short-term rental unit shall be rented for more than 30 total days, regardless of the number of consecutive days, within a period of 365 days. A short-term rental owner shall be limited to one tenancy of a short-term rental at any one time.
(4) 
No tenancy of a short-term rental unit shall be permitted if such tenancy causes the rental facility to violate the Borough's residential occupancy requirements.
(5) 
No accessory buildings on a property may be used for a short-term rental unit.
(6) 
Short-term rentals shall not be conducted in a manner that is disruptive or adverse to the safety, well-being and quiet enjoyment of the Borough's residents and visitors.
(7) 
Short-term rentals shall not be permitted for the purpose of hosting commercial or social events.
(8) 
Short-term rental units shall not be rented to any person younger than 21 years of age.
(9) 
Signs or any other type of advertisement indicating a dwelling unit is available for occupancy as a short-term rental unit shall not be placed on the property where the short-term rental unit is located.
(10) 
Any short-term rental owner shall be responsible for providing off-street parking for any tenant of the short-term rental unit.
(11) 
Every rental facility with a short-term rental unit shall contain the requisite number of smoke detectors and carbon monoxide detectors as required by the New Jersey Uniform Fire Safety Act and the Borough's ordinances. In the event that the short-term rental owner of the rental facility is not present during the tenancy of the short-term rental unit, each smoke detector and carbon monoxide detector within the rental facility shall be hardwired in such a manner that the activation of one detector will activate all of the detectors in the rental facility.
(12) 
The short-term rental owner of a short-term rental unit shall post the following information in a prominent location therein:
(a) 
The telephone number of the short-term rental owner and person responsible for building maintenance issues of the short-term rental unit.
(b) 
The telephone number(s) for the Borough Police Department, the Borough Fire Department, and the Borough Code Enforcement Department.
(c) 
A floor plan indicating the locations of all emergency exit routes, fire extinguishers, and CO alarms within the short-term rental unit.
(d) 
The maximum number of parking spaces available on-site.
(e) 
Notification that any short-term renter shall be subject to fines and penalties for any violations of this chapter or for violations of the Borough Municipal Code.
No rental unit may be registered unless all municipal taxes, water and sewer charges and any other municipal assessments are paid on a current basis.
All rental units shall be maintained in accordance with the Uniform Construction Code, the BOCA National Property Maintenance Code, the New Jersey Uniform Fire Safety Act and the Code of the Borough of Paulsboro.
A. 
Occupants. Only those occupants whose names are on file with the Borough Clerk, as provided in this article, 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.
B. 
Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general, such that it shall constitute a nuisance, as defined in the ordinances of the Borough of Paulsboro.
C. 
Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Borough of Paulsboro, and with all applicable state and federal laws.
D. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 59B-21 of this article.
A. 
Grounds. In addition to any other penalty prescribed herein, an owner may be subject to revocation or suspension of the rental permit issued pursuant to § 59B-8 upon the happening of one or more of the following, after hearing before the Borough Council, as set forth below:
(1) 
Conviction of a violation of this article in the Municipal Court or any other court of competent jurisdiction.
(2) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance.
(3) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(4) 
Maintaining the rental unit or units or the property in which the rental unit is part in a dangerous condition likely to result in injury to a person or property.
(5) 
Continuous violations or conviction of a violation under the New Jersey State Housing Code.
(6) 
Continuous violations or conviction of a violation under the Uniform Fire Safety Act.
(7) 
Conviction under Chapter 54 of the Borough's Code, entitled "Property Maintenance."
(8) 
Continuous violations or conviction of a violation under the Uniform Construction Code.
(9) 
Continuous violations or conviction of a violation under the BOCA Maintenance Code.
(10) 
Continuous violations or conviction of a violation under the New Jersey Building Code.
(11) 
Continuously renting the unit or units to a tenant or tenants who are convicted of local ordinance violations, disorderly persons offenses or other crimes.
B. 
Procedures; written complaint; notice; hearing; appeal.
(1) 
Notice. Whenever the Director of Public Safety, Chief of Police, Fire Chief, Construction Code Official, Housing Inspector, Zoning Enforcement Officers or any other person or office authorized to file a notice determines that there has been a violation of this chapter, he or she shall serve a written notice of the violation of the owner or agent, which written notice shall include a statement of the reason or reasons why it is being issued and what action, if any, the owner or agent must make to abate the violation. Said notice shall also state that the violation(s) must be corrected within 10 days and if not, that the certificate of occupancy for the subject property may be revoked after a hearing before the Borough Mayor and Council.
(2) 
Written complaint. If a violation is not corrected within 10 days of the service of the notice thereof, the individual issuing the written notice shall file a written complaint with the Borough Clerk or designee and with the owner or agent by certified and regular mail or by personal service at the address indicated on the registration form. The complaint shall be specific and shall be sufficient to apprise the landlord, owner and/or agent of the charges, so as to permit said individuals to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information. Upon the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Borough Council, and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter, unless the landlord, owner and/or agent requests a waiver of the thirty-day requirement and the Borough Council authorizes said waiver. The Borough Clerk or designee shall forward a copy of the complaint and a notice as to the date of the hearing to the landlord, owner or agent, if any, at the address at which the written complaint was served.
(3) 
Hearing. The hearing required by this section shall be held before the Borough Council, unless, in its discretion, the Borough Council determines that the matter should be heard by a hearing officer, who shall be appointed by the Borough Council. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Borough Council within 30 days of the conclusion of the hearing. The Borough Council shall then review the matter and 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 Borough Council, then the Borough Council 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 rental permit or determining that the rental permit shall not be renewed or reissued for one or more subsequent calendar years.
(4) 
A stenographic transcript shall be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be those which generally control administrative hearings.
(5) 
The Borough Solicitor, his designee or appointed special counsel shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
(6) 
Appeals. If a rental permit is revoked or suspended or the Borough Council determines that the rental permit shall not be renewed or reissued for one or more subsequent years, the landlord, owner and/or agent may appeal said decision to the New Jersey Superior Court-Law Division in Gloucester County in accordance with the New Jersey Court Rules.
C. 
Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental permit by demonstrating that the owner has taken appropriate action and has made a good-faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, eviction of the tenant(s) or otherwise.
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Paulsboro, or such other court having jurisdiction, be liable to a fine not exceeding $2,000 per violation, but not less than $100 per violation, or imprisonment for a term not exceeding 30 days, or a period of community service not to exceed 30 days, or any combination thereof. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article. Each separate rental unit that fails to conform to this article shall be deemed a separate and distinct violation for each day that the violation occurs within the particular rental unit.