[HISTORY: Adopted by the Township Committee
of the Township of Mansfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-26-2002 by Ord. No. 2002-28]
Unless the context clearly indicates a different
meaning, the following words or phrases, when used in this article,
shall have the following meaning:
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.
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow or house or any room or
rooms in a rooming/boarding house, 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 be
designed for residence, for office, or the operation of any industry
or business or for any other type of independent use.
The license issued by the Township Clerk or designee attesting
that the rental unit has been properly registered and inspected in
accordance with this article.
The person to whom the license is issued pursuant to this
article. The term "licensee " includes within its definition the term
"agent" where applicable.
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.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Every building, group of buildings or a portion thereof which
is 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 and is
meant to include apartments and apartment complexes.
A dwelling unit that is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes, including one- and two-family attached and detached dwelling
units.
All rental units shall hereafter be registered
with the Township Clerk or designee of the Township of Mansfield or
such other person as designated by the Township Committee on forms
which shall be provided for that purpose and which shall be obtained
for the Township Clerk or designee. Such registration shall occur
on an annual basis as provided herein.
[Amended 6-8-2016 by Ord.
No. 2016-8]
Each rental unit shall be registered and inspected
with each change of occupancy or ownership. The permit term shall
commence on October 1 and shall be valid until September 30 of the
following calendar year, at which time it shall expire and a new registration
shall be required. The initial registration shall occur within 45
days following the adoption of this article. Any lease which has been
executed prior to the adoption of this article shall not be affected;
however, 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 and inspected in accordance
with this article.
Without in any way intending to infringe upon
the requirements of N.J.S.A. 46:8-28, all rental units shall be registered
and inspected as provided herein. Every owner shall file with the
Township Clerk-Administrator or designee of the Township of Mansfield
or such other person as designated by the Township Committee a registration
form for each unit contained within a building or structure which
shall include the following information:
A.Â
The name and address, including the dwelling unit
number, of each occupant or tenant occupying the rental unit.
B.Â
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 partnership, the names and
address of all general partners shall be provided, together with the
telephone numbers for each of such individuals indicating where such
individual may be reached both during the day and evening hours.
C.Â
If the address of any record owner is not located
in Mansfield Township or in Burlington County, the name and address
of a person who resides in Burlington County and who is authorized
to accept notices from a tenant and to issue therefor and to accept
service of process on behalf of the record owner.
D.Â
The name and address of the agent of the premises,
if any.
E.Â
The name and address, including the dwelling unit
number of the superintendent, janitor, custodian or other individual
employed by the owner or agent to provide regular maintenance service,
if any.
F.Â
The name, address and telephone number of an individual
representative of the owner or agent 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 future of any essential service or system, and who has the authority
to make emergency decisions regarding the building and any repair
thereto or expenditure in connection therewith.
G.Â
If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name, address and telephone
number of the approved fuel oil dealer servicing the building and
the grade of fuel oil used.
H.Â
The name, address and telephone number of the certified
HVAC maintenance contractor that is approved to service the heater
in case of emergency. Certification of the heating system shall be
provided upon the initial registration and also upon the annual registration
renewal, The type of heating system shall also be provided.
I.Â
As to each rental unit, a specification of the exact
number of occupant 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 form when filed with the
Township Clerk or designee.
J.Â
Such other information as may be prescribed by the
Township.
The Township Clerk or designee shall index and
file the registration forms. In doing so, the Township 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.
[Amended 6-8-2016 by Ord.
No. 2016-8]
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. No fee shall be required for the filing of an amendment.
A.Â
Each rental unit shall be inspected upon every change
in tenancy.
B.Â
Each rental unit, if tenancy or ownership does not
change, shall be inspected at least, but not limited to, once every
four years.
[Amended 6-8-2016 by Ord.
No. 2016-8]
C.Â
Such inspections shall be performed by such person,
persons or agency authorized and designated by the Township of Mansfield.
Inspections made by person, persons or an agency other than the duly
authorized or designated person, persons or agency of the Township
of Mansfield shall not be used as a valid substitute.
D.Â
Such inspection shall be for the purpose of determining
compliance with the New Jersey Uniform Fire Code under the jurisdiction
of the State Bureau of Fire Safety, and to the extend applicable,
to determine if the property complies with the International Property
Maintenance Code/2015 (IPMC), Mansfield Township Property Maintenance
Code.[1]
[Amended 6-8-2016 by Ord.
No. 2016-8]
E.Â
Unsatisfactory inspection. In the event that the inspections of a rental unit indicated the need for maintenance and repairs, such property shall not thereafter be registered, nor shall a license be issued, 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 maintenance, repairs and corrections have been made so as to bring the property and rental unit into compliance with applicable code(s) and the property is thereafter subsequently inspected, approved, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 45 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 § 39D-18 of this article.
A.Â
The inspection officer(s) is 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 time for the purpose of such inspections,
examinations and surveys.
B.Â
Every occupant shall give the owner of the rental
facility, rental unit and rooming/boarding house access to any part
of such facility, rental unit and rooming/boarding house at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or any lawful order issued pursuant thereto.
C.Â
Complaints. Within 10 days of receipt of a complaint
alleging a reported violation of this article, an inspecting office
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 Township of Mansfield, which is not registered and licensed in
accordance with this article.
[Amended 6-8-2016 by Ord.
No. 2016-8]
Upon the filing of a completed registration
form and a satisfactory inspection, the owner shall be entitled to
the issuance of a license commencing on the date of issuance and expiring
on the same date of the next calendar year. A registration form shall
be required for each rental unit, and license shall be issued to the
owner for each rental unit, even if more than one unit is contained
in the property.
At the time of the filing of the registration
form for the rental property license, and prior to issuance of a license,
the owner or agent of the owner must pay a fee in accordance with
the following:
C.Â
An inspection fee of $100 per rental unit.
[Amended 6-8-2016 by Ord.
No. 2016-8]
D.Â
A reinspection fee of $100 per re-inspected unit.
[Amended 6-8-2016 by Ord.
No. 2016-8]
E.Â
If the owner of the property is a senior citizen who
resides in a unit or 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 fee; however,
the rental unit must still be registered.
F.Â
If any fee is not paid within 30 days of its due date,
a late fee surcharge of $30 per unit will be assessed, which will
accrue on a monthly basis starting from the original due date.
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 guest house 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 copy of the approved registration form must also be forwarded
to the Township Clerk's office.
A.Â
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 § 39D-18 of this article.
B.Â
Only those occupants whose names are on file with the Township as required in this article may reside in the licensed 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 § 39D-18 of this article.
No rental unit may be registered and no license
shall be issued for any property containing a rental unit unless all
municipal taxes, water and sewer charges and any other municipal assessments
are paid on a current basis.
[Amended 6-8-2016 by Ord.
No. 2016-8]
All dwelling units shall be maintained in accordance
with the Uniform Construction Code and the International Property
Maintenance Code/2015 (IPMC).
A.Â
Occupants. Only those occupants whose names are on
file with the Township Clerk as provided in the article may reside
in the licensed 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.Â
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 is shall constitute a nuisance as
defined in the ordinances of the Township of Mansfield.
C.Â
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 Township of
Mansfield and with all applicable state and federal laws.
A.Â
Grounds. In addition to any other penalty prescribed
herein, any owner may be subject to the revocation or suspension of
the license issued hereunder upon the happening of one or more of
the following:
(1)Â
Conviction of a violation of this article in the Municipal
Court or any other court of competent jurisdiction.
(4)Â
Continuously permitting the rental unit to be occupied
by more than the maximum number of occupants as defined in this article.
(5)Â
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.Â
Procedure; written complaint; notice; hearing.
(1)Â
A complaint seeking the revocation or suspension of
a license may be filed by any one or more of the following: Fire Code
Enforcement Officer, Director of Public Safety/Chief Law Enforcement
Officer, Construction Code Official, Housing Inspector, the Zoning
Enforcement Officer, the Township Clerk/Administrator or any other
persons or office authorized to file such complaint. Such complaint
shall be in writing and filed with the Township Clerk or designee.
The complaint shall be specific and shall be sufficient to apprise
the licensee of the charges so as to permit the licensee 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.
(2)Â
Upon the filing of such written complaint, the Township
Clerk or designee shall immediately inform the Township Committee
and a date for a hearing shall be scheduled which shall not be sooner
than 10 days nor more than 30 days thereafter. The Township Clerk
or designee shall forward a copy of the complaint and a notice as
to the date of the hearing to the licensee and the agent, if any,
at the address indicated on the registration form. Service upon the
agent shall be sufficient.
(3)Â
The hearing required by this section shall be held
before the Township Committee unless, in its discretion, the Township
Committee determines that the matter should be heard by a hearing
officer who shall be appointed by the Township Committee. If the matter
is referred to a hearing officer, such officer shall transmit his
findings of fact and conclusions of law to the Township Committee
within 30 days of the conclusion of the hearing. The Township Committee
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 Township Committee, then the
Township Committee 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 license or determining
that the license shall not be renewed or reissued for one or more
subsequent years.
(4)Â
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 that which generally controls administrative hearings.
(5)Â
The Township Solicitor or his designee shall appear
and prosecute on behalf of the complainant in all hearings conducted
pursuant to this section, as needed.
C.Â
Defenses. It shall be a defense to any proceeding
for the revocation, suspension or other disciplinary action involving
a rental license 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),
occupants or guests for recovery of the premises, eviction of the
tenant(s) or otherwise.
A.Â
Any person who fails to register a rental facility,
rental unit or rooming/boarding house under the provisions of this
article within 60 days of the final adoption, publication and notification
of this article shall be liable to a fine not exceeding $250.
B.Â
Any person who violates any other provision of this
article shall, upon conviction in the Municipal Court of the Township
of Mansfield or such other court having jurisdiction, be liable to
a fine not exceeding $500. Each day that a violation occurs shall
be deemed a separate and distinct violation subject to the penalty
provisions of this article.
