[HISTORY: Adopted by the Common Council of
the City of Linwood 4-24-2002 by Ord. No. 11-2002 Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
- DWELLING UNIT
- A building, structure or part thereof having cooking, sleeping
and sanitary facilities designed for or occupied by one family and
which is entirely separated from any other dwelling unit in the building
or structure in the building by vertical walls or horizontal floors,
unpierced, except for access to the outside or a common cellar. The
word "dwelling" shall not include boarding- or rooming houses, hotels,
motels or other structures designed or used for transient residence.[Amended 9-9-2020 by Ord. No. 10-2020]
- RENTAL UNIT
- Any dwelling unit which is leased or rented.
All rental units shall be registered with the
Construction Official or his designee within 60 days of the effective
date of this section. Such registration shall occur on an annual basis
as provided herein.
Every owner shall file with the Construction
Official or his designee a registration form for each rental unit
contained within a building or structure which shall include the following
information:
A.
Address of the premises, description of the rental
unit or units, apartments and/or dwelling units. The name and address
of the owner or owners of record of the premises and the owner or
owners of record and the name and address of the superintendent or
agent in charge if not the same person(s). In the case of a partnership,
the names, addresses and telephone numbers shall be provided for each
of such individuals indicating where such individual may be reached
both during the day and evening hours.
B.
Specifications of each rental unit, including 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. Identify each sleeping room by number and location within the
apartment or dwelling and by the square footage thereof. To satisfy
the requirements of this provision, an owner or his agent shall submit
a floor plan which shall become a part of the application and shall
be attached to the registration form when filed with the Construction
Official or his designee.
C.
Other information may be prescribed by the City.
[Amended 11-24-2015 by Ord. No. 11-2015]
Each rental unit shall be registered annually.
The registration term shall commence on January 1 of each year, and
such registration shall be valid until January 15 of the following
year, at which time it shall expire and a new registration shall occur.
Any lease which has been executed prior to the adoption of this chapter
shall not be affected, but the rental unit must nevertheless be registered
and inspected in accordance with this chapter. No rental unit shall
hereafter be rented unless the rental unit is registered in accordance
with this chapter.
A.
All rental units are required to be inspected whenever
there is a change of occupant or every two years, whichever shall
first occur.
B.
Such inspections shall be for the purpose of determining
Zoning Ordinance compliance and to the extent applicable, to determine
if the property complies with the BOCA Property Maintenance Code,
Building Codes and/or the Uniform Fire Safety Act, to ensure the dwelling
is fit for human habitation, and has no life or safety hazards.[1]
[Amended 11-24-2015 by Ord. No. 11-2015]
At the time of registration, the owner or his
agent shall pay an inspection fee in the amount of $75 for each rental
unit.
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 nor shall a license be issued. 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
registered and licensed. In the event that the property is occupied
when such conditions are discovered, all such corrections shall be
made within 60 days. In the event that said codes do not specify a
date by which corrections shall be made, all corrections then shall
be made within 30 days from the date of notification of the failed
inspection. If corrections are not made within that time period, the
owner shall be deemed in violation of this chapter, and every day
that the violation continues shall constitute a separate offense.
If at the time an inspection occurs and an unsatisfactory condition
is found, and it is deemed to be an imminent hazard as determined
by the inspecting agency, then that inspecting agency shall have the
right to cause immediate vacation of the property in order to protect
the occupant/tenant from any imminent hazard within the unit as inspected.
No person shall hereafter occupy any rental
unit, nor shall the owner permit occupancy of any rental unit within
the City of Linwood, which is not registered and licensed in accordance
with this chapter.
A.
No agent, agent of an owner, real estate agent or
broker, firm, company, partnership, corporation or person or persons
shall sell, rent, transfer, grant, lease, let, mortgage with right
of occupancy or otherwise dispose of the ownership or occupancy, whether
or not for a consideration and whether such disposal or occupancy
is temporary or permanent, of any dwelling unit or apartment, unless
a certificate of occupancy certifying that said dwelling unit or apartment
is fit for human habitation and that said dwelling unit or apartment
is in compliance with all ordinances of the City of Linwood has been
issued. The certificate of occupancy must first be obtained from the
Construction Official or his designee who is authorized to issue a
certificate of occupancy upon inspection and approval by the Construction
Official or his designee within 10 days from the date of the filing
of the application for same.
B.
At the time of inspection of each dwelling unit or
apartment prior to the issuance of said certificate of occupancy,
the Construction Official or his designee shall post, in a conspicuous
place in said apartment or dwelling, a notice stating the number of
persons which shall be permitted to occupy said apartment or dwelling
as residents therein, pursuant to the City of Linwood Code. In no
event shall residency in excess of said posted number be exceeded
by either the landlord or the tenant. For the purpose of determining
residency, any person who sleeps upon the premises or generally dwells
therein for more than three successive days or nights shall be considered
to be residing on the premises.
Each licensee granted a license pursuant to
this chapter shall be permitted to lease or rent the rental unit which
has been registered and for which a license has been granted hereunder
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 of the table
hereinafter set forth:
|
Number of Occupants
|
1
|
2
|
3
|
4
|
|---|---|---|---|---|
|
Minimum Square Feet per Sleeping Room
|
70 sf
|
100 sf
|
150 sf
|
200 sf
|
|
Kitchen
|
50 sf
|
50 sf
|
50 sf
|
50 sf
|
|
Living Room
|
No requirement
|
No requirement
|
120 sf
|
120 sf
|
|
Dining Room
|
No requirement
|
No requirement
|
80 sf
|
80 sf
|
No rental unit, apartment and/or dwelling unit
shall be issued a certificate of occupancy unless all municipal taxes,
sewerage and other municipal assessments are paid on a current basis.
Any person who violates any provision of this
chapter shall, upon conviction in the Municipal Court of the City
of Linwood or such other court having jurisdiction, be liable for
a fine of not less than $250 and not more than $1,000 or imprisonment
of a term not exceeding 90 days or by a period of community service
not exceeding 90 days or any combination of the above.
