Township of Willingboro, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Willingboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Ch. 79.
Housing standards — See Ch. 199.
Property maintenance — See Ch. 272.
[Derived from Sec. 9-5 of the 2003 Revised General Ordinances]

§ 280-1 Definitions.

As used in this article, the following terms shall have the following meanings:
LET
Includes the leasing, rental or other granting of occupancy for any period of time where title to the residential unit is not transferred to the actual occupant at the time such occupancy commences.
OWNER
The person who owns, purports to own or exercises control of any residential rental unit.
RESIDENTIAL RENTAL UNIT
Any building or part thereof, 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 and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.

§ 280-2 Standards; certificate of occupancy required.

[Amended 5-26-2009 by Ord. No. 2009-19[1]]
No person shall let, rent, or lease to another for occupancy any residential rental unit for the purpose of living therein which is not safe, clean and fit for human occupancy. The residential rental unit shall comply with all appropriate state statutes and municipal ordinances or codes relating to the premises, including but not limited to the following: the Building and Plumbing Codes under the Uniform Construction Codes of the State of New Jersey; Chapter 170, Article I, Fire Prevention Code; Chapter 199, Article I, Housing Code; Chapter 236, Nuisances, Public Health; Chapter 272, Article II, Property Maintenance Standards; and Chapter 291, Article I, Individual Sewage Disposal Systems. The residential rental property shall not be occupied until the owner has obtained a certificate of occupancy for the premises and has registered the property as hereinafter provided.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 280-3 Notice of occupancy; inspection fees.

[Amended 5-26-2009 by Ord. No. 2009-19]
Prior to any residential rental becoming occupied, the owner shall give written notice thereof to the Department of Inspections. This notice shall contain the name and address of the owner, and if the notice is given by someone on behalf of the owner, that person's name and address. The notice shall describe the residential rental unit and shall be accompanied by a fee for each inspection as provided in § 150-7 of the Code of the Township of Willingboro.

§ 280-4 Issuance of certificate of occupancy; notice of defect.

[Amended 5-26-2009 by Ord. No. 2009-19]
Within 10 working days of receipt of the notice and fee, the Department of Inspections shall make an inspection of the premises. If the residential rental unit complies with the requirements of § 280-2, the Department of Inspections shall issue a written certificate of occupancy. If the residential rental unit does not comply with the requirements, no certificate of occupancy shall be issued, but the Department of Inspections shall issue a written notice of defect, specifying any violations of the requirements. Each certificate of occupancy and notice of defect shall be dated, and a duplicate copy shall be retained by the Department of Inspections.

§ 280-5 Annual inspection and registration requirement.

[Amended 5-26-2009 by Ord. No. 2009-19]
There shall be an annual inspection and registration requirement for all residential rental properties within the Township of Willingboro. This is to insure that residential rental units are properly maintained by owners and tenants alike. All residential rental units are required to be inspected once each calendar year and prior to any change in occupancy.
A. 
All new rental properties shall be required to register and pay the annual fee as set forth in § 150-7 when making application for a new rental property. Existing rental properties shall be subject to the annual inspection requirement upon termination of the existing lease or in the event of a change in existing occupancy, whichever occurs first.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
An owner shall be required to complete an annual registration statement that shall include the following information: owner's name, physical street address, home and work telephone numbers, driver license number or identification card number and state of issuance. If the owner does not reside in Burlington County, a designated person or real estate agent must be included on the application, including name, business address and work telephone number. The owner must also provide the holders of any recorded mortgage(s) and a representative for emergencies where the owner cannot be reached. The owner must sign and date the statement in front of a licensed notary.
C. 
If the owner is a corporation, the person registering must state whether it is organized under the laws of this state or is a foreign corporation and must show the mailing address, business location, telephone number, name of person in charge of the local office of such corporation, if any, and the names of the registered agent, all officers, directors or trustees of such corporation, and, if a foreign corporation, the place of incorporation. The annual registration shall also include the name, address and telephone number of the property manager.
D. 
If the owner is a partnership, the names of all partners, home addresses and home phone numbers, business name, principal business address, and business telephone of each partner shall be provided. The annual registration shall also include the name, address and telephone number of the property manager.
E. 
The application shall include the name of each tenant in the property and the relationship to one another. If children are to reside in the property, the name of the children and ages shall be included on the application. The landlord shall provide the principal tenant(s) full name, driver's license or identification card number and state of issuance. The landlord shall indicate the term of the lease. Only the tenants listed on the registration form shall occupy the property. This shall not interfere with any provisions for guests of the tenants as provided for in the lease between the landlord and tenant.
F. 
Every person, firm, partnership or corporation shall file an amended statement within 20 days of any change in the information required on the registration statement. No fee shall be required for any amendments, except in the case where ownership or occupancy of the premises changes. A new owner shall notify the Department of Inspections of a change in ownership within 10 days and complete a new annual registration and pay the fee.
G. 
It shall be an offense of this article for an owner, person, firm, partnership or corporation to fail to have the property registered and inspected in accordance with the law. It shall be unlawful for any owner, person, firm, partnership or corporation to file a false registration application.
H. 
At the time of registration, the owner will be scheduled for an inspection of the premises. It is the responsibility of the owner to notify the tenant of the time and date of such inspections. It is the responsibility of the owner to be available at the property for the inspection if the tenant is not available. It is the responsibility of the owner to reschedule the appointment, if necessary, at least 24 hours in advance, if the appointment is unable to be kept at the appointed time. Failure to notify the Department of Inspections at least 24 hours in advance will result in being charged for an inspection as if the inspection had taken place. This may result in the owner being assessed an additional inspection fee.
I. 
In the event that the inspection(s) of a rental unit indicates the need for maintenance and/or repairs, such property shall not be occupied by any tenant or occupant until the necessary maintenance, repairs and corrections have been made to bring the property into compliance with this article and the property has been reinspected by the Code Enforcement Officer. In the event that a property is occupied when such conditions are discovered, all such maintenance, repairs and corrections shall be made within 30 days. If such maintenance, repairs and corrections are not made within the thirty-day period, the owner shall be deemed in violation of this article and subject to the penalties hereunder.

§ 280-6 Violations and penalties.

[Amended 5-26-2009 by Ord. No. 2009-19[1]]
Any owner or occupant, person, firm, partnership or corporation who violates the provisions of any section of this article shall, upon conviction thereof, be subject to a penalty. Where no penalty is stated, the penalty shall be governed by the provisions of Chapter 1, Article II, General Penalty, of the Code of the Township of Willingboro. Each day over five that such condition shall exist shall be deemed a separate violation of the terms of this article.
A. 
Failure to file an annual registration. A minimum fine shall be imposed of $100 for the first offense. A minimum fine shall be imposed of $200 for a second offense. All subsequent offenses shall be a minimum of $500.
B. 
Failure to have an annual inspection. A minimum fine shall be imposed of $500 for the first offense. Second and subsequent offenses shall be imposed the maximum fine permitted under Chapter 1, Article II, General Penalty.
C. 
Failure to obtain a certificate of occupancy. A minimum fine shall be imposed of $500 for the first offense. Second and subsequent offenses shall be imposed the maximum fine permitted under Chapter 1, Article II, General Penalty.
D. 
Failure to obtain a new or a change of tenant registration. A minimum fine shall be imposed of $100 for the first offense. A minimum fine shall be imposed of $200 for a second offense. All subsequent offenses shall be a minimum of $500.
E. 
Failure to update annual registration. A minimum fine shall be imposed of $100 for the first offense. Second and subsequent offenses shall be a minimum fine of $200.
F. 
Failure to provide access to the Code Enforcement Officer. A minimum fine shall be imposed of $100 for the first offense. Second and subsequent offenses shall be a minimum fine of $500.
G. 
Administrative penalty. In addition, an administrative penalty may be imposed by the Director of Inspections for failure to comply with this article three or more times in a five-year period. The minimum penalty that shall be imposed shall be $1,000.
[1]
Editor's Note: This ordinance also repealed original Sec. 9-5.6, Exception.