A.
N.J.S.A. 40:48-2 provides in relevant part that a municipality may
make, amend, repeal and enforce ordinances not contrary to the laws
of this state or of the United States, as it may deem necessary and
proper for the good government, order and protection of persons and
property, and for the preservation of the public health, safety and
welfare of the municipality and its inhabitants.
B.
N.J.S.A. 40:48-2.12a provides in relevant part that the governing
body of any municipality may make, amend, repeal and enforce ordinances
to regulate buildings and structures and their use and occupation
to prevent and abate conditions therein harmful to the health and
safety of the occupants of said building and structures and the general
public in the municipality.
C.
N.J.S.A. 40:48-2.12c provides in relevant part that any ordinance
adopted pursuant to this act may provide for registration of the owners
and management of every building and structure in the municipality
which is occupied by two or more families as tenants of the owner
or lessor.
D.
N.J.S.A. 40:48-2.12f provides in relevant part that any ordinance
adopted pursuant to this act may also provide that the municipality
may abate a nuisance, correct a defect, or put the premises in proper
condition so as to comply with the requirements of any municipal ordinance
or state law applicable thereto, at the cost of the owner or lessor,
and expend municipal funds for such purpose and charge the same against
the premises, and the amount thereof as determined by the governing
body of the municipality shall be a lien against the premises.
E.
N.J.S.A. 40:48-2.12m authorizes a municipality to adopt an ordinance
requiring a landlord to obtain a certificate of occupancy or inspection
before re-renting an apartment to a new occupant. After an apartment
is inspected by a municipal inspector, the municipality would issue
a certificate of inspection or occupancy if the apartment meets the
standards required by law. The municipality may charge a fee to fund
the costs of the inspections and the issuance of the certificates.
F.
N.J.S.A. 40:48-2.12n sets forth the findings of the Legislature that
municipal residents have experienced disturbances, damage and public
expense resulting from carelessly granted and inadequately supervised
rentals to irresponsible tenants by inept or indifferent landlords;
that to preserve their peace and tranquility it is necessary and desirable
that those communities have adequate means to curb and discourage
those occasional excesses arising from irresponsible rentals; and
that municipal governing bodies may take effective action to assure
that excesses, when they occur, shall not be repeated, and that landlords
be held to sufficient standards of responsibility.
A.
The governing body of the municipality finds and declares that the
Property Maintenance Code sets minimum standards for safety and habitability
and the continued occupancy of residential rental units in order to
protect the public health, safety and welfare. Minor violations of
the Property Maintenance Code shall not prevent the continued occupancy
of a residential rental unit.
B.
The governing body of the municipality finds and declares that a
registration and inspection scheme for residential rental units is
a rational exercise of the municipal police power to establish that
each residential rental unit substantially complies with the standards
set forth in the property maintenance code in order to insure the
safety and habitability of each residential rental unit.
A.
These regulations shall not apply to hotels, motels, boardinghouses,
rooming houses and other residential units which are consistently
occupied by guests or tenants for less than 30 successive days.
B.
These regulations shall not apply to a residential rental unit occupied
by an immediate family member of the owner.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended. Any words not defined herein shall have the meaning
given in Webster's Unabridged Dictionary.
The individual designated by the owner who is authorized
to perform any duty imposed by these regulations.
The number of verified criminal incidents divided into the
number of households in the City of Millville, as shown in the most
recent American Community Survey, or into the number of residential
rental units in a large multiunit complex, as defined further herein.
Grandfather, grandmother, father, mother, son, daughter,
grandson, granddaughter, brother, sister, uncle or aunt, niece or
nephew.
Any property containing 75 or more residential rental units
in the aggregate. This may include a property that contains more than
one separate building or structure, or multiple properties that are
generally contiguous to one another, under common or related management
or held out to the public as being a single facility or project.
Any structure or property containing two or more residential
rental units.
For purposes of this article, "owner" shall include not only
any person who is the fee simple owner of a residential rental unit
but any other person who has a legal interest in such unit, or operates
or exercises control over a residential rental unit.
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
An apartment, dwelling, structure or any portion of a structure,
including single-family dwellings, used for human habitation for which
the owner receives monetary consideration or in-kind services.
Any measures taken to protect the safety of residents living
within a large multiunit complex. Security may include, but is not
limited to, visitor sign-in requirements, video or human surveillance,
unarmed guard patrols, armed guard patrols and/or any other measures
taken to improve safety and reduce crime.
Any structure or property containing one residential rental
unit.
A.
Each residential rental unit shall be inspected annually. The annual
registration terms shall be staggered so that for approximately 25%
of the total units in the City the term shall commence January 1,
for approximately 25% of the units the term shall commence on April
1, for approximately 25% of the units the term shall commence on July
1, and for the remaining approximately 25% the term shall commence
on October 1. An annual registration/inspection fee of $100 per unit
shall be due upon the commencement of the aforesaid terms which shall
all be for a duration of one year. For payments made after the applicable
due date, the fee shall be $125 per unit. In order to implement this
subsection, the Bureau of Permits and Inspections shall prorate the
annual fee for the unbilled part of the year prior to the applicable
due date. No fee shall be required for units owned by the City, the
Millville Housing Authority or another governmental agency.
[Amended 4-21-2020 by Ord. No. 7-2020]
B.
No residential rental unit shall be occupied unless it is registered with the City and is occupied in compliance with these regulations and Article V, Property Maintenance Code, of this chapter.
C.
Upon submission of a complete registration form and payment of the registration fee, the City shall issue a registration permit for each property containing a residential rental unit. No registration shall be accepted unless an agent has been designated as provided in § 11-68 below. Upon receipt of the completed form and fee, the City will schedule a timely inspection of the unit or units that are the subject of the registration. If the inspection results in a satisfactory rating, a certificate of continued occupancy shall be issued. However, the Housing Inspector may reinspect any residential rental unit at any time when he or she has reasonable grounds to believe that the unit is no longer in compliance with the property maintenance code or these regulations.
D.
As a condition of receiving a registration permit, the owner or manager
of a multiple dwelling shall provide proof that said multiple dwelling
is under contract with a private waste hauler for the collection of
its solid waste.
E.
The registration fee shall include the administrative cost of the
registration permit and two inspections during the calendar year for
which the permit applies. Any additional inspection or reinspection
required by the Housing Inspector or any cancellation of an appointment
for inspection on less than 48 hours' notice during the same year
shall result in an additional charge of $50 per inspection.
F.
The owner shall notify the Bureau of Permits and Inspections forthwith
whenever a unit has been vacated, and prior to any reoccupancy of
the residential rental unit.
Every application for registration of a residential rental unit
shall be on the form provided by the municipality, and shall include
the following information:
A.
The name, address, and telephone number of the record owner or owners
of the premises. In the case of a partnership, this information shall
be provided for all general partners. In the case of a corporation
or LLC, this information shall be provided for the registered agent
and all corporate officers.
B.
The address of the residential rental unit, the exact number of all
separate residential rental units at that address, the number or letter
designating each unit, and for each unit:
(1)
The number of rooms used exclusively or primarily for sleeping contained
within each residential rental unit.
(2)
The estimated square footage of each room used exclusively or primarily
for sleeping.
(3)
The number of occupants of each residential rental unit and the name
of the tenant or tenants signing the lease. If the residential rental
unit is unoccupied at the time that the application is completed,
the owner or agent shall provide this information as soon as the unit
is occupied.
C.
Individual owners and partnerships shall provide a photo identification
for at least one of the named owners or partners.
D.
LLCs and corporations shall supply a copy of the corporate charter
or registration certificate and a photo identification of either the
president or managing partner.
E.
Associations shall supply a photo identification of one of the officers.
Trusts shall supply a photo identification of at least one of the
trustees.
F.
The public officer, in consultation with the Commissioner/Director
of Public Affairs and the City Administrator, may amend the registration
application to require additional information.
Each person who owns a property containing one or more residential rental units except as provided in § 11-65 within the City of Millville shall designate a natural person or agent who resides within the county to receive the notice of violation and to correct any violations of these regulations or of Article V, Property Maintenance Code, of this chapter. This natural person or agent shall be named in the application when it is filed. If the owner does not reside in Cumberland County, the owner shall designate an agent with a residence or office in the county to act on his or her behalf.
A.
Each property containing one or more residential rental unit except as provided in § 11-65 within the City of Millville shall be inspected annually and with each change in occupancy, except as provided herein, to insure that it is in compliance with these regulations and the property maintenance code. The housing inspector shall make a report promptly after each inspection.
B.
The City shall waive the annual inspection requirement for any property
that (1) received a change of occupancy inspection within six months
or less of the scheduled annual inspection date; and (2) was found
at that time to be in satisfactory condition on the initial inspection.
C.
If the residential rental unit does not comply with applicable regulations and codes of the City of Millville, a notice of violation shall be served on the owner or resident agent in the form and manner prescribed by Article I of this chapter, and a time specified for correction of the violations.
D.
The housing inspector shall reinspect the residential rental unit
after the notice of violation has been served and the time has expired
for correction of the violations.
E.
If a violation still exists after reinspection, if the housing inspector
deems that the owner is making a good-faith effort to correct the
violation, he or she may allow for further time and subsequent reinspection
of the residential rental unit; alternatively, the housing inspector
shall file a complaint with the Municipal Court for enforcement of
the applicable regulations and codes.
F.
No certificate of continued occupancy shall be issued until all violations
have been corrected. Any certificate of continued occupancy, once
issued, may be revoked or suspended in the event the residential rental
unit is subsequently found to be in violation of these regulations
and the code.
G.
Any residential rental unit that is damaged by fire or other cause
shall be reinspected to ensure compliance with these regulations and
the Property Maintenance Code prior to reoccupancy.
H.
All residential rental units in a multiple dwelling shall be inspected.
A.
No person shall occupy a residential rental unit and no owner shall
permit the occupancy of a residential rental unit which has not been
registered with the City of Millville, or where the certificate of
continued occupancy has been revoked or suspended, except as provided
immediately below.
B.
Where the certificate of continued occupancy has been revoked or
suspended, the housing inspector shall make a determination whether
continued occupancy of the residential rental unit is dangerous to
the health and safety of the tenant or tenants, and shall permit continued
occupancy by the tenants in those cases where continued occupancy
is determined not to be dangerous to their health and safety; provided,
however, that if said unit is subsequently vacated, it may not be
re-rented as long as the certificate of continued occupancy has not
been reinstated.
C.
The maximum number of occupants shall comply with the International
Property Maintenance Code of 2012 as it may be updated. The maximum
number of occupants shall be posted in each residential rental unit.
It shall be unlawful for an owner to knowingly rent and a tenant to
knowingly occupy a residential rental unit with occupants that exceed
the number allowed on the premises based on the available sleeping
rooms or any modification made by the housing inspector on the basis
of the size and layout of the unit.
D.
It shall be unlawful for any person to reside in the premises whose
name does not appear on the lease unless authorized by the tenant
or tenants whose names appear on the lease.
E.
The lease for each residential rental unit shall specify that the
lease is subject to all provisions of City ordinances.
F.
At the time of any change of occupancy inspection, the housing inspector
shall provide the owner with the Department of Community Affairs Truth
in Renting guide or equivalent listing the responsibilities of owners
and tenants. The owner or agent of a residential rental unit shall
provide a copy of the guide to all tenants, new and existing, and
shall require that each adult tenant who signed the lease acknowledge
receipt of the guide by signing the receipt form, a copy of which
shall be attached to the lease.
It shall be unlawful for any person to rent or to occupy a residential rental unit in violation of these regulations. Each day that a violation continues after a notice of violation and order for compliance has been served on the person responsible, and the time for compliance has expired, shall constitute a separate offense. The penalties imposed are those set forth in Article I of this chapter.
A.
On or before January 1 of each year, the public officer shall provide
the Millville Police Department with a list and maps showing the location
and boundaries of each large multiunit complex in the City of Millville.
No later than January 31, the Millville Police Department will provide
the public officer with the number of verified criminal incidents
for the preceding year for the City as a whole, and the number for
each large multiunit complex. Verified criminal incidents shall include
the following:
B.
On the basis of this information, the public officer or his or her
designee shall calculate the crime rate for the City as a whole and
for each large multiunit complex, and shall notify the owner and operator
of each such complex of their crime rate, and the extent to which
it does or does not exceed the Citywide rate.
C.
_____
(1)
The owners or operators of any large multiunit complex for which
the complex crime rate exceeds the Citywide crime rate by 25% or more
shall take such security measures as may be necessary or advisable
at the discretion of the owners or operators of the complex to reduce
the crime rate over the next twelve-month period.
(2)
Within 30 days of notification by the public officer, the owner or operator of each complex subject to the requirements of Subsection C(1) above shall put those security measures into effect and provide a report on the security measures taken to the public officer and the chief of police and filed with the municipal clerk.
(3)
The owner or operator of any complex subject to this requirement
may seek a waiver of the requirement from the public officer and Chief
of Police by showing that the information used to determine the crime
rate is unreliable, that there are extenuating circumstances, that
adequate measures to address security are already in place, and that
there is no demonstrated need for increased security measures. Any
request for a waiver shall be submitted in writing to the public officer
no more than 15 days after receipt of notification as set forth above.
D.
Security plan.
(1)
If the crime rate for any multiunit complex subject to the provisions
of section C above for the year following imposition of those provisions
remains 25% or more above the Citywide crime rate, the owner and operator,
as appropriate, shall be required to meet with the public officer
and the Chief of Police, or their designees, and develop a plan for
additional security measures, which may include but not be limited
to video surveillance, gunshot detection applications, and hiring
of armed or unarmed security guards. Said plan shall be put in writing,
and executed by the owner or operator, the public officer and the
Chief of Police and filed with the municipal clerk.
(2)
Within 30 days of execution of the security plan as set forth above,
the owner or operator of each complex subject to the plan shall put
those security measures into effect and provide a report on the security
measures taken to the public officer and the Chief of Police and filed
with the municipal clerk.
E.
Reduction of security measures.
(1)
If the crime rate for any multiunit complex subject to the provisions of Subsection C or D above for the year following imposition has been reduced to less than 10% above the Citywide crime rate, the owner or operator of that complex shall be permitted to reduce security measures established under that section.
(2)
The owner or operator of any complex reducing security measures as
provided above shall provide a report on the reduction in security
measures to the public office and the Chief of Police.
(3)
If, during the course of any year following such reduction in security
measures, the Millville Police Department determines that criminal
incidents have increased materially from the preceding year in that
complex, the Chief of Police shall notify the public officer, who
shall be authorized to order the owner or operator to reinstate any
measures previously reduced or eliminated for the complex. The order
shall be in writing and shall include the data that is the basis for
the order.
F.
In the event that the owner or operator of a multiunit complex subject
to the above requirements shall fail to implement security measures
or a security plan as required by this section, then, for each day
following the period of time during which such a security plan should
have been established and implemented, the multiunit complex shall
be liable to pay a fine of up to $1,000 for each day it fails to provide
security as set forth in this section. The owners of the multiunit
complex shall be jointly and severally liable for the payment of this
penalty.
A.
The following are grounds for the revocation or suspension of the
certificate of continued occupancy or the occupancy of the unit:
(1)
Allowing the residential rental unit to be occupied or used in a manner which constitutes a public nuisance pursuant to N.J.S.A.2C:33-12 or as defined in § 11-11 of this Ordinance, or which is the location of activities which endanger the health and safety of surrounding residents, property owners and the general public.
(2)
Refusal to comply with a notice of violation and an emergency order
of a public officer to correct a violation of the property maintenance
code involving public health or safety violations.
(3)
Violation of the property maintenance or other applicable code on
three or more separate occasions within a twelve-month period, if
not corrected in timely fashion.
(4)
Failure to comply with an order to correct a violation of the property
maintenance or other applicable code entered by the municipal court
or any other court of competent jurisdiction.
(5)
Failure to pay inspection fees and registration fee.
(6)
Failure to notify the public officer that a residential rental unit
has been vacated and reoccupied.
B.
Opportunity to cure. Whenever the public officer shall determine
that any property is being occupied in violation of this section,
the public officer shall notify the owner and provide the owner with
a period not to exceed 30 days to cure the violation. The owner shall
further be given the opportunity to show that the proposed suspension
or revocation is inappropriate because it is based on incorrect or
obsolete information.
C.
Administrative action. In the event that the owner fails to cure
the violation or fails to show that the proposed suspension or revocation
is inappropriate, within the time period granted, the public officer
shall issue an order revoking the certificate of continued occupancy
for the property or suspending it for a period not to exceed one year.
The order may include demand for payment of any registration or inspection
fees due and unpaid.
D.
Hearing.
(1)
The owner shall have the opportunity to be granted a hearing on the proposed suspension or revocation of the certificate of continued occupancy and demand for payment of fees unpaid and due, by submitting a written request for a hearing to the public officer within 30 days of issuance of the order in Subsection C above. In the request for a hearing, the owner shall provide the names and mailing addresses of any tenants affected by the order. In such event, the effect of such order shall be stayed until the conclusion of the hearing.
(2)
Upon receipt of a request for a hearing, the public officer shall
notify the City Attorney, identifying the property, the property owner,
and the grounds for the order.
(3)
Upon receipt of said notification, the City Attorney shall identify
a hearing officer, which may be the City commissioner/director of
public affairs or another qualified individual, who may or may not
be a municipal employee, and shall issue a notice of hearing setting
forth the date, time and place of the hearing, the nature of the order
which is the subject of the hearing and the grounds for issuance of
the order. The hearing shall take place not less than 20 days from
the date of service of the notice of hearing.
(4)
The notice of hearing shall be served upon the property owner or
resident agent and upon any tenant affected by the order. Service
shall be made personally or by regular and certified mail, return
receipt requested, by mailing the notice of hearing to the last known
address of such person.
(5)
The public officer shall testify at the hearing and may produce witnesses
in support of the grounds for issuance of the order. The property
owner, resident agent, and any tenant affected by the order shall
have the right to appear at the hearing and testify, produce witnesses,
and be represented by an attorney.
E.
Action by hearing officer; appeal.
(1)
After the hearing, the hearing officer shall prepare a written order
setting forth his or her findings and affirming, modifying or rescinding
the order of the public officer, including any registration or inspection
fees due and payable.
(2)
A copy of the order shall be served on the property owner or resident
agent and any tenant affected by the order personally or by regular
and certified mail, return receipt requested, by mailing the document
to their last known address.
(3)
If the whereabouts of any tenant is unknown and cannot be ascertained
in the exercise of reasonable diligence, then service of the resolution
or order on such person shall be made by posting the document in a
conspicuous place on the building affected by the complaint.
(4)
The owner or any party in interest may, within 30 days of receipt
of the order, institute a summary proceeding in the Superior Court,
Law Division, to contest the reasonableness of any provisions of the
order.
