Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, 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 of this chapter. 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.
Any apartment house, cottage, bungalow, hotel, boardinghouse,
rooming house or lodging house, any room or rooms in a rooming house/boardinghouse
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.
Any room or rooms or suite or apartment, including room or
rooms in an apartment house, cottage, bungalow, hotel, boardinghouse,
rooming house or lodging house, 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, including,
but not limited to, the owner thereof or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvement connected with use
or occupancy thereof.
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this chapter.
The person to whom the license is issued pursuant to this
chapter. 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 that owns, operates, exercises
control over, or is in charge of a rental facility.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the Borough.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Every building, group of buildings or a portion thereof consisting
of one or more dwelling units, 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.
A dwelling unit, which is available for lease or rental purposes.
Rental unit shall not include that portion of a rental facility occupied
by the owner.
Occupied by any person or persons other than the owner, regardless
of whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
Occupancy of the unit by one or more tenants.
Occupant in a unit other than the owner.
All rental units within a rental facility hereinabove defined
shall be registered with the Borough Clerk or such other person as
designated by the Mayor and Council, on forms which shall be provided
for that purpose, and which shall be obtained from the Borough Clerk
or designee. Such registration shall occur on an annual basis, as
provided herein.
Applications for registration of a rental facility shall be
submitted to the Borough Housing Inspector, who shall inspect the
premises or cause the same to be inspected in order to determine whether
the premises satisfies the requirements set forth herein. If the premises
does not comply, the Housing Inspector shall attach to said application
a written list of failures and his recommendations and return same
to the applicant. The applicant shall have 30 days to make the necessary
corrections and advise the Housing Inspector that the premises is
ready for reinspection. If corrections are not made within 30 days,
the owner of the premises shall be deemed in violation of this chapter.
The owner shall be permitted to apply for an extension of time to
make repairs or corrections so as to comply with this chapter, for
good cause shown. If the premises satisfies the requirements set forth
herein, the Housing Inspector shall issue a certificate so stating.
Each rental unit hereinabove defined shall be registered for
a period of one year or with each change in occupancy, whichever shall
occur first. The license term shall commence on the first day of January
annually and shall be valid for a period of 12 calendar months or
upon a change in occupancy, whichever shall occur first, at which
time it shall expire and a new registration shall be required. Any
lease which has been executed prior to the adoption of this chapter
shall not be affected, but the rental facility must nevertheless be
registered, inspected and licensed in accordance with this chapter.
No rental facility, or portion thereof, shall hereafter be rented
unless the rental facility and units therein are registered and licensed
in accordance with this chapter.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental facilities shall be registered and
licensed, as provided herein. Every owner shall file with the Borough
Clerk, or such other person as designated by the Mayor and Council,
a registration form for each unit contained within a building or structure,
which shall include the following information:
A.
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 a partnership, the name and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals, where such individual may be
reached both during the day and evening hours.
B.
If the address of any record owner is not located in Berlin or in
Camden County, the name and address of a person who resides in Camden
County and who is authorized to accept notices from a tenant and to
issue receipts therefor and to accept services of process on behalf
of the record owner.
C.
The name and address of the agent of the premises, if any.
D.
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.
E.
The name, address and telephone number of an individual representative
of the owner or agent or the owner, if domiciled in Camden County,
who may be reached or contacted at any time in the event of an emergency
affecting the rental facility 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 concerning
the rental facility and any repair thereto or expenditures in connection
therewith.
F.
The name and address of every holder of a recorded mortgage on the
premises.
G.
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
H.
As to each rental unit, a specification of the exact number of 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 by the Borough Clerk or designee.
I.
Such other information as may be prescribed by the Borough of Berlin.
The Borough Clerk or designee shall index and file the registration
forms. In doing so, the Borough 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 chapter. The owners shall post the
certificate of inspection or license.
Every person required to file a registration form pursuant to
this chapter 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, except where
the ownership of the premises is changed.
A.
Each licensee shall procure and at all times cause to be maintained
on the licensed premises a register consisting of a permanently bound
volume of consecutively numbered pages, immediately following the
effective date of his license, and shall submit such register to the
Chief of Police of the Borough of Berlin for his approval. The Chief
of Police shall endorse the first or title page thereof with the words
"Official Register," followed by the name of the licensee, the date
of endorsement and the signature of said Chief. In the event of the
absence or disability of the Chief, the endorsement may be made by
the Acting Chief or by such other person as Borough Council shall
direct. No registration herein required to be made shall be made in
any register other than the official register endorsed as aforesaid,
unless and until said official register shall have been completely
filled. Upon the filling of any register, it shall be preserved for
not less than six years upon the licensed premises, and a new register
endorsed as aforesaid shall thereupon be used for subsequent registrations.
B.
No person shall occupy, and no licensee shall permit any person to
occupy, any housing or lodging units on the licensed premises unless
the person renting such housing or lodging unit shall first:
(1)
Display to the licensee or to his duly authorized agent or employee
in charge of the official register written evidence of his or her
identity and residence and, in addition thereto, the official state
registration certificate of the motor vehicle, if any is then being
used by the registrant, and enter such information in registrant's
handwriting, in ink, in said official register; and
(2)
Write in the official register immediately following his registration,
in ink, the full and true name, address and relationship, if any,
to the registrant of every other person who is to occupy such housing
or lodging unit, together with the name, year and state license or
registration number of the motor vehicle then being used by such registrant.
C.
Thereafter, the licensee shall cause to be entered in the official register, in ink, the number or name of the housing or lodging unit assigned to each such registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to § 256-10B(1) hereof, the signature of the agent or employee of the licensee making or accepting the registration, together with the date of such registration and thereafter the date when the occupant or occupants of each housing or lodging unit quits and surrenders the same.
A.
No premises shall be operated or conducted as licensed premises hereunder
which does not provide at least one single and separate lavatory for
each four sleeping rooms or fraction thereof.
B.
The least horizontal dimensions of every sleeping room in licensed
premises hereunder shall be not less than seven feet, and every such
room shall have a floor area of not less than 70 square feet.
C.
In every dwelling unit, every room occupied or intended to be occupied
for sleeping purposes by one occupant shall have a minimum usable
floor area of 70 square feet, and every room occupied or intended
to be occupied for sleeping purposes by more than one occupant shall
have a usable floor area of at least 50 square feet for each additional
occupant; provided, however, that children under the age of three
shall not be considered to be additional occupants. Every bedroom
shall have access to at least one water closet and one lavatory without
passing through another bedroom. No more than two occupants shall
be permitted to sleep in any one room. No such room shall be used
for sleeping purposes which does not open to the outside of the building
on a street, alley, yard or court; each such sleeping room shall have
at least one window not less than eight square feet in area and one
door for ingress and egress.
[Amended 8-4-2014 by Ord. No. 2014-09]
D.
No basement, kitchen, garage, lobby, hallway or barn shall be used
or occupied for sleeping purposes; no porches shall be so occupied
unless the adjoining space or room is occupied by the same registrant,
and then only if the cubic content and floor space thereof shall comply
with all provisions of this chapter.
E.
No gas, coal or electric range or stove or any other apparatus or
appliance shall be used for cooking or the preparation of food, or
be installed, in any room or unit in any licensed premises which is
occupied or is intended, arranged or designed to be occupied for sleeping
purposes, nor shall any food be cooked, prepared or stored in any
such room or unit.
F.
No licensee hereunder shall let, underlet, rent or permit any licensed
premises or any part thereof for the purpose of being occupied by
any registrant with the privilege of installing in any room occupied
or intended, arranged or designed to be occupied as a sleeping room,
any gas, coal or electric range or stove or any other apparatus or
appliance to be used for the purpose of cooking, storing or preparing
food.
G.
No registrant hereunder or occupant of any licensed premises shall
store food or cook or otherwise prepare food in any room in such licensed
premises which is occupied or intended, arranged or designed to be
occupied for sleeping purposes.
H.
Every licensed premises in the Borough of Berlin providing accommodations
for persons on and above the third floor thereof shall be provided
with some means of escape in the event of fire, other than one stairway
leading to such accommodations.
A.
Each rental unit within the rental facility shall be inspected at
least once every twelve-month period.
B.
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Berlin. If a dwelling unit is not accessible for an inspection at the time scheduled by the Borough, the property owner shall be subject to a fine of $50. If a dwelling unit is not accessible for a scheduled inspection a third or subsequent times, a property owner shall be subject to the penalty provisions of § 256-26 of this chapter.
[Amended 9-2-2014 by Ord. No. 2014-14]
C.
Such inspection shall be for the purpose of determining zoning ordinance
compliance and, to the extent applicable, to determine if the property
complies with the current Hotel Multiple Dwelling Code (HMDC) and
International Code County Property Maintenance Code (IPMC). Inspections
will be done on all interior, exterior, grounds, roads and driveways
of all rental properties to ensure public health, safety and welfare
of all occupants and the general public.
[Amended 12-22-2014 by Ord. No. 2014-20]
D.
Unsatisfactory inspection. In the event that the inspection(s) of a rental unit within the rental facility are deemed unsatisfactory, such property shall not thereafter be registered, nor shall a license issue, 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 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 inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and if 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 and distinct violation, subject to the penalty provisions of § 256-26 of this chapter. The owner, however, shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this chapter, for good cause shown.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming houses/boardinghouses, in order that they may promote the
purposes of this chapter to safeguard the health, safety and welfare
of the occupants of rental facilities, rental units and rooming houses/boardinghouses
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 houses/boardinghouses
at all reasonable times. The owner or occupant of every rental facility,
rental unit and rooming house/boardinghouse shall give the inspecting
officer free access to the rental facility, rental unit and rooming
house/boardinghouse at all reasonable times, for the purpose of such
inspections, examinations and surveys.
B.
Every occupant shall give the owner of the rental facility, rental
unit and rooming house/boardinghouse access to any part of such rental
facility, rental unit and rooming house/boardinghouse at all reasonable
times for the purpose of making such repairs or alterations, as are
necessary, to effect compliance with the provisions of this chapter
or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this chapter, an inspecting officer shall conduct an
inspection as hereinbefore provided.
D.
No owner or occupant or any other persons having charge, care or
control of any rental unit or facility shall fail or neglect, after
proper request is made as herein provided, to promptly permit entry
therein by the inspection officers for the purpose of inspection and
examination pursuant to this chapter. If the owner or occupant denies
entry, the inspection officer or his or her authorized representative
shall obtain a search warrant in any court having jurisdiction.
E.
The application for the search warrant shall state that access to
the premises is required in order to enforce this chapter and shall
specify whether the desired inspection is a regular annual inspection
or a special inspection in response to information received by the
Borough of Berlin indicating the possible existence of a condition
violative of this chapter.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Berlin, which is not registered and licensed in accordance with this
chapter.
A.
Upon the filing of a completed registration form and payment of the
prescribed fee and a satisfactory inspection, the owner shall be entitled
to the issuance of a license for the remainder of the calendar year.
Should a change in occupancy occur within the registration period,
the license shall be void, and upon the filing of a completed registration
form, payment of the prescribed fee and a satisfactory inspection,
the owner shall be entitled to the issuance of a new license as to
the new tenant, commencing on the date of issuance until the end of
the calendar year.
B.
A registration form shall be required for each rental unit, and license
shall issue to the owner for each rental unit, even if more than one
rental unit is contained in the property.
An owner or agent of the owner must pay fees in accordance with
the following:
A.
An annual registration fee of $50 per rental unit per year.
B.
If the owner of the property is a senior citizen who resides in a
unit of the rental facility and rents out the remaining unit(s) 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.
C.
An annual inspection fee of $100 per rental unit.
D.
Reinspection fee of $50 per unit.
E.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $20 will be assessed.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
chapter. 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, 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.
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 § 256-26 of this chapter.
B.
Only those occupants whose names are on file with the Borough of Berlin, as required in this chapter, 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 § 256-26 of this chapter.
No rental unit may be registered and no license shall issue
for any property, containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
by the owner or applicant and are current on the date of the application.
[Amended 12-22-2014 by Ord. No. 2014-20]
All dwelling units shall be maintained in accordance with the
Uniform Construction Code, the International Code Council Property
Maintenance Code, and the Hotel Multiple Dwelling Code.
A.
Occupants. Only those occupants whose names are on file with the
Borough Clerk, as provided in this chapter, 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.
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 owner or of the public in
general, such that it shall constitute a nuisance, as defined in the
ordinance of the Borough of Berlin.[1]
C.
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 Borough of Berlin and with all applicable
state and federal laws.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the license issued
hereunder upon the happening of one of more of the following:
(1)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(3)
Continuously renting the unit or units to a tenant or tenants who
are convicted of a violation of the Noise Ordinance of the Borough.
(4)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this chapter.
(5)
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.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: Director of the Office
of Code Enforcement, Chief of Police, Construction Code Official,
Code Enforcement Officer, Fire Inspector or any other persons or officers
authorized to file such complaint. Such complaint shall be in writing
and filed with the Borough 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)
Upon the filing of such written complaint, the Borough Clerk or designee
shall immediately inform the Mayor and Council, and a date for a hearing
shall be scheduled, which shall not be sooner than 15 days nor more
than 30 days thereafter. The Borough 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)
The hearing required by this section shall be held before the Mayor
and Council, unless, in its discretion, the Mayor and Council determine
that the matter should be heard by a Hearing Officer, who shall be
appointed by the Mayor and Council. If the matter is referred to a
Hearing Officer, such officer shall transmit his findings of fact
and conclusions of law to the Mayor and Council within 30 days of
the conclusion of the hearing. The Mayor and Council 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 the Mayor and Council, then the Mayor and Council
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)
A recording 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)
The Borough Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.
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), occupant(s)
or guests for recovery of the premises, eviction of the tenant(s)
or otherwise.
