Borough of Rockaway, NJ Article XIVA Multiple Dwelling Rental Properties

[Added 12-1-1987 by Ord. No. 3-87]

§ 261-55.1 Registration of dwelling units occupied by persons other than the owners of such property.

[Amended 9-14-2004 by Ord. No. 1-04]

A. Registration statement. Each and every owner of residential property which is to be occupied by persons other than the owners of record of such property as shown on the records of the County Clerk of Morris County (referred to in this section as "residential rental property") shall file with the Health Officer of the Borough of Rockaway a statement on forms provided to said owner(s) by the Borough of Rockaway. The statement shall be certified under oath by the owner(s) and shall contain the following information:

(1) The name and address of the property.

(2) The name, address and telephone number of the owner(s) of record of the property.

(3) The name, address and telephone number of the managing agent/or superintendent, if any.

(4) The number of dwelling units in said residential rental property.

(5) The identification of said dwelling units by number or letter and the name of the tenant/occupant in each such unit as of the date of said statement.

(6) The commencement date and the term of the lease or occupancy of each tenant.

B. Change of occupancy. Within 30 days after a change in occupancy of any residential rental property, the owner shall furnish the Health Officer with the name of the new occupant or occupants, the unit or units to be occupied by the new occupants, the commencement date of the new occupancy and the term of the lease or occupancy.

C. Initial filing. Every owner of a residential rental property in existence as of the effective date of this article, or the date of any amendment of this article, whichever date is the latest (the "effective date"), must file the required statement within 90 days of that effective date. Every owner of a residential rental property created after the effective date must file the required statement within 90 days of occupancy of any unit.

D. Residential rental property defined. For the purpose of this article, "residential rental property" shall be defined as any property located within the Borough of Rockaway which is to be occupied by persons other than the owners of record of such property as shown on the records of the County Clerk of Morris County.

§ 261-55.2 Certificate of habitability required.

The owner of any residential rental property shall hereafter not cause or permit the occupancy of a dwelling unit located within such residential rental property without first having obtained a certificate of habitability for such unit(s).

A. At least 15 days prior to a dwelling unit being occupied by an occupant, the owner or his or her authorized agent shall notify the Health Officer, in writing, of the anticipated date of said occupancy and request the Health Officer to make an inspection of such unit(s) and to issue a certificate of habitability permitting such unit or units to be occupied.

B. In the event that a dwelling unit is vacated by the occupant without prior notice being given by the occupant to the owner, the owner or his or her authorized agent shall promptly notify the Health Officer, in writing, of the vacancy of the unit and may request the Health Officer to make an inspection of the unit and to issue a certificate of habitability before the unit or units are occupied by new occupants.

C. In cases of occupancies for a term of less than three months, the notice requirement of Subsections A and B shall not apply. However, the owner or his or her authorized agent shall, in the month of January of every year, notify the Health Officer of all such occupancies and shall make application for the issuance of a certificate of habitability for such occupancies.

§ 261-55.3 Issuance of certificate of habitability; fees.

A. No certificate of habitability shall be issued unless and until the Health Officer or his authorized agent determines that the dwelling unit complies with the provisions of the applicable health codes and state health and safety rules and regulations thereunder and other applicable Borough ordinances and that the dwelling unit is suitable for human habitation; provided, however, that in the event that notice is properly given requesting inspection and the Health Officer or his authorized agent is not able, within 72 hours, to inspect the premises, the delay in the inspection shall not prevent the owner from renting said dwelling unit. In the event that, upon an inspection, violations are found to exist, the Health Officer shall notify the owner of the same and request correction within such period determined by the inspector to be reasonable and sufficient for said corrections to be accomplished. Upon corrections being made, a certificate of habitability shall be issued.

B. The fee for a certificate of habitability shall be paid in full at the time that the request for the inspection under this article is made by the owner. The fee schedule shall be as specified in § 261-63.

[Amended 12-30-2013 by Ord. No. 22-13; 12-11-2014 by Ord. No. 18-14]

C. The owner shall maintain said certificate of habitability on the premises and make the same available for inspection by prospective or existing tenants.

§ 261-55.4 Notice of violations; hearings; order.

A. Notice of violation.

(1) Whenever the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant hereto, he shall give notice of such alleged violation to the person or persons responsible therefor. Such notice shall:

(a) Be in writing.

(b) Include a statement of the reasons why it is being issued.

(c) Allow a reasonable time for the performance of any act it requires.

(d) Be served upon the owner or his authorized agent or the occupant as the case may require. Such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally or if a copy thereof is sent, by registered or certified mail, to his last known address or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this state.

(2) Such notice may contain an outline of remedial action which, if taken, will affect compliance with all rules and regulations.

B. Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before a Review Committee consisting of the Health Officer and two members of the Board of Health appointed and chosen from among its membership, provided that such person files, in the office of the Health Officer, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Health Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to show why such action should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed. Upon application to the Health Officer, the date of the hearing may be delayed for a reasonable time beyond such ten-day period if, in the judgment of the Review Committee, the petitioner has submitted good and sufficient reasons for such postponement.

C. Order. After such hearing, the Review Committee shall sustain, modify or withdraw the notice, depending upon its interpretation of the provisions of this article and of the rules and regulations adopted pursuant hereto. If the Review Committee sustains or modifies such notice, it shall be deemed to be a final order and shall be binding upon the owner and/or occupants. Any notice given pursuant to this article shall automatically become a final order if a written petition for a hearing is not filed in the office of the Health Officer within 10 days after such notice is served. After a hearing in the case of any notice suspending any permit required by this article or by any rule or regulation adopted pursuant hereto, the permit shall be deemed to have been revoked upon a final order of the Review Committee. Any such permit which has been suspended by notice shall be deemed to be automatically revoked if a written petition for hearing is not filed in the office of the Health Officer within 10 days after such notice is served.

D. Findings and decision. The proceedings at such hearing, including the findings and decision of the Review Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Health Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Review Committee may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.

E. Emergency orders. Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Health Officer, shall be afforded a hearing before a Review Committee consisting of the Health Officer and two members of the Board of Health appointed by it from its membership, within 48 hours. After such hearing, depending upon the findings of the Review Committee as to whether the provision of this article and of the rules and regulations adopted pursuant hereto have been complied with, such order shall continue to be in effect or shall be modified or revoked.

§ 261-55.5 Violations and penalties.

A. Any person who violates any provision of this article or any order promulgated thereunder shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

B. Where a notice of violation is provided for herein, the violation shall be deemed to commence upon the expiration of the period of notice given.

§ 261-55.6 Powers and duties; maintenance of records.

A. The Borough Health Officer and the Review Committee, where provided, are hereby authorized and empowered to perform all duties required within this article.

B. Copies of all statements of rental units filed as received by the Health Officer pursuant to this article shall be maintained in the office of the Clerk of the Borough of Rockaway.

C. A copy of this article, upon final passage, shall be forwarded to the Health Officer, the Mayor and Council and the Borough Clerk.

D. This article shall become effective upon passage in the manner provided by law.