[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 5-27-1975 by Ord. No. 193; amended in its entirety 9-2-1997 by Ord. No.
446. Subsequent amendments noted where applicable.]
There is hereby created within the Borough of Buena a position
known as "Occupancy Inspector." The Occupancy Inspector shall be appointed
by the Council of the Borough of Buena and shall hold office for a
term of one year. Such Occupancy Inspector shall have the duty of
enforcing the property maintenance code which is being adopted by
the Council of the Borough of Buena pursuant to Ordinance No. 446[1] and of issuing occupancy permits for all dwellings in
the Borough of Buena, including but not limited to dwelling units,
rooming units, dormitory units, rooming houses, single- and two-family
dwellings and all other dwellings as defined in the property maintenance
code which are subject to the jurisdiction of the Occupancy Inspector.
The salary of the Occupancy Inspector shall be as provided in the
Salary Ordinance of the Borough of Buena.[2]
A.
No owner, agent or purchaser under an installment sales contract
shall hereafter rent or lease or suffer or allow any person or persons
to live in or inhabit as a tenant any dwelling as defined in the Borough
of Buena property maintenance code,[1] including any dwelling unit, rooming unit, dormitory or
rooming house (hereinafter collectively referred to as "rental structure")
in the Borough of Buena unless said owner or agent or installment
contract purchaser shall have annually registered said rental structure
with the Borough of Buena and obtained from the Borough's Occupancy
Inspector or his designee an occupancy permit in accordance with this
chapter. The occupancy permit provisions of this chapter shall apply
upon initial rental to any rental structure and upon each rerental,
except that no occupancy permit shall be required during the initial
occupancy of any such rental structure where a certificate of occupancy
has been issued for such rental structure by the Construction Code
Official of the Borough of Buena.
B.
Where there is more than one dwelling unit, rooming unit or dormitory
room in a rental structure, each such dwelling unit, rooming unit
or dormitory room must be separately registered and a separate occupancy
permit must be obtained for each such unit or room.
C.
The above registration provisions shall not apply where the person
or persons living in or inhabiting a rental structure are members
of the immediate family of the owner or purchaser under an installment
contract or members of the immediate family of a principal stockholder
or corporate owner. For purposes of this chapter, a principal of a
corporation shall be a person who, together with his or her spouse,
owns 50% or more of the stock of the corporation. Members of an immediate
family shall be those persons who, together with the owner, are living
and cooking together on the premises as a single housekeeping unit.
[Amended 12-11-2023 by Ord. No. 743]
A.
Annual registration statements.
(1)
Registration of rental units, together with the required fee, shall
be made annually to the Housing Inspector of the Borough of Buena,
or his designee, during the period of January 1 through February 28
of each calendar year. Each rental unit shall be separately registered.
Registration statements shall be on forms prescribed and furnished
by the Housing Inspector or his/her designee. Each registration shall
expire on February 28 of the following year. Each registration statement
shall include:
(a)
The name, address, and telephone number of the record owner
or owners of the premises.
(b)
The name address and telephone number of the lessor, if other
than the owner.
(c)
The address of the residential rental unit and letter or number
designating the unit.
(d)
The number of rooms used exclusively or primarily for sleeping
contained within each residential rental unit.
(e)
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.
(f)
The registration date and the total amount of the registration
fee.
(g)
The Housing Inspector, in consultation with the Borough Administrator
and President of Borough Council, may amend the registration application
to require additional information.
(2)
Annual registration statements shall be signed by the applicant and
submitted to the Housing Inspector, or his/her designee, along with
the required fee. Registration shall be transferable for period which
the application fee has been paid, provided the registration statement
is updated with any changes. Registration statements shall also be
updated upon a change in occupancy so that they remain accurate as
to the name, or names, of the tenant and the number of occupants.
B.
Annual registration statement - additional requirements.
(1)
The annual registration statement shall also designate a natural
person or agent who resides within the Atlantic County, or a county
contiguous to the Borough of Buena, to receive the notice of violation
and with the authority to correct any violations of these regulations
or of Chapter 81 (Property Maintenance) of the Municipal Code. The
designated representative shall also be authorized to receive notice
of the filing of zoning occupancy and code enforcement complaints
relating to the rental unit(s). Registration statements shall be updated
in the event of a change in the designated agent. The landlord shall
also supply a current New Jersey driver's license for the authorized
agent as proof or the required residency.
(2)
The original registration statement shall be delivered to the Borough
Clerk for filing. A copy of the registration certificate shall be
provided to the owner or applicant of the rental unit, and a copy
retained by the Housing Inspector.
(3)
Each rental unit within the Borough of Buena shall be inspected annually,
and upon a change in occupancy except as provided herein, by the Housing
Inspector or his/her designee, to ensure that it is in compliance
with these regulations and the property maintenance code. The Housing
Inspector or his/her designee shall make a report promptly after each
inspection.
(a)
The annual inspection may be conducted at any time during the
course of the year, additional inspections may be conducted upon the
change in occupancy, or upon the filing of Borough of Buena zoning
occupancy and code enforcement complaint form.
(b)
Upon inspection, the Housing Inspector shall determine if the rental unit and each room therein meets the requirements of this chapter and the Property Maintenance Code, Chapter 181, of the Buena Municipal Code. In the event that a unit fails inspection, the owner or applicant shall pay an additional fee for every subsequent reinspection as provided in § 82-9.
(c)
The annual inspection requirement is waived for any property
that 1) received a change of occupancy inspection within three 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.
(d)
If the residential rental unit does not comply with applicable
regulations and codes of the Borough of Buena, a notice of violation
shall be served on the owner or resident agent identifying the violation(s)
and a time specified for correction of the violation(s). 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, provided that there have been no more than two re-inspections, and 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, and imposition of the penalties set forth in Chapter 1 (General Provisions), Article III. The Housing Inspector shall also file a complaint with the Municipal Court if a unit fails still fails to copy with the applicable regulations and codes of the Borough of Buena after the second reinspection.
(f)
No certificate of continued occupancy shall be issued and no
subsequent annual registration shall be approved 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.
A.
Any person who owns a rental structure in the Borough of Buena as
defined in this chapter, or any agent of any owner or any purchaser
under installment sales contract, who desires to rent to same or any
portion thereof to another person shall first obtain an occupancy
permit from the Occupancy Inspector of the Borough of Buena, or his
designee, before allowing any person to live in, occupy or inhabit
any rental structure or any portion thereof.
B.
The purchaser of any home or rental structure in the Borough of Buena
which has been previously occupied by a prior owner or tenant shall
notify the Occupancy Inspector of the Borough of Buena of such purchase
and shall apply for and obtain an occupancy permit prior to occupying
said home or rental structure, or prior to allowing tenant to occupy
such home or rental structure. The purchaser of a dwelling in which
the purchaser will reside as owner shall not be required to annually
register said home as a rental structure and shall therefore pay a
one-time fee as provided for herein upon inspection and issuance of
an occupancy permit.
C.
The purchaser of a rental structure which has been registered during
the calendar year of purchase shall be entitled to a transfer of said
registration, and no additional fee shall be charged for the issuance
of an occupancy permit during the calendar year in which the rental
structure is purchased. However, such purchaser shall be obligated
to comply with the registration requirements of this chapter as an
owner commencing with the next ensuing calendar year. The purchaser
of a rental structure which has not been previously registered by
the owner shall be obligated to register same and to pay the registration
fee during the year of purchase and shall thereupon be entitled to
an occupancy permit upon inspection, provided that such rental structure
complies with the requirements of this chapter.
A.
No occupancy permit shall be issued for any dwelling as defined in
the Borough of Buena property maintenance code,[1] including any dwelling unit, rooming unit, mobile home, rooming house or dormitory room unless said living unit or rental structure complies with the property maintenance code adopted by the Borough of Buena pursuant to § 181-1.
B.
In the case of multiple-family dwellings or hotels, no occupancy
permit shall be issued for any dwelling unit located therein unless
the Occupancy Inspector first finds that the dwelling unit is in full
compliance with the Hotel and Multiple Dwelling Law of the State of
New Jersey, N.J.S.A. 55:13A-1 et seq., as amended, and the regulations
promulgated thereunder, together with all applicable ordinances of
the Borough of Buena.
A.
If upon inspection the Occupancy Inspector finds that the dwelling
unit in question complies with the requirements of this chapter, and
of other applicable ordinances in the Borough of Buena, he shall issue
the occupancy permit within three working days after the date of inspection.
B.
In the event that violations are found to exist, the Occupancy Inspector
shall, within three working days after the date of inspection, notify
the owner and require correction thereof prior to issuing a occupancy
permit.
A.
An occupancy permit which is issued by the Occupancy Inspector of
the Borough of Buena or his designee shall remain in full force and
effect for the calendar year in which it is issued and until a new
certificate is issued by the Occupancy Inspector, after inspection;
except that, where a unit within a rental structure has been vacated
by the tenant or occupant residing there at the time of inspection
or where the rental structure or home has been sold to a new owner
or upon conviction for violation of this chapter, state health regulations
or for violation of the Uniform State Construction Code, the owner
of the property shall apply for and obtain, upon inspection, a new
occupancy permit. No additional fee shall be charged for the issuance
of a new occupancy permit, provided that the unit in question was
previously registered as required herein and the annual registration
fee paid. Where the unit is a home which was occupied by an owner,
and therefore not registered as a rental structure, the new owner
shall pay an inspection fee for an occupancy permit only, which permit
shall be issued provided that the home in question meets the requirements
of this chapter. In the event that the unit is a rental structure
which was not previously registered as required by this chapter, said
unit shall be registered, a fee paid and an occupancy permit shall
issue upon inspection, provided that the unit complies with the provision
of this chapter.
B.
The owner of every home or rental unit shall maintain said occupancy
permit and make the same available to the Occupancy Inspector and
to an existing occupant or tenant.
[Amended 12-27-2004 by Ord. No. 517; 12-17-2012 by Ord. No. 598; 4-11-2016 by Ord. No. 636; 12-11-2023 by Ord. No. 743]
A.
Each rental unit shall be registered annually with the Borough Clerk
on or before February 28 of each calendar year. Upon registration
of each rental unit, the owner/applicant shall pay a registration
fee of $100 for each rental unit, which includes one inspection.
B.
Prior to the re-renting to a subsequent tenant of any rental unit,
the owner/applicant shall pay a new inspection fee of $100 per unit
for the inspection.
C.
In the event that subsequent inspections are necessary because of
the failure of a rental unit to comply with the requirements of this
chapter, the owner/applicant shall pay a reinspection fee of $75 for
each inspection after the first inspection.
D.
Notwithstanding anything herein to the contrary, in the event that
the unit is a rental unit which was not tenant-occupied or registered
in the previous year as required by this chapter and is thereafter
registered subsequent to February 28 of the year in which it is registered
as required by this chapter, the initial registration and inspection
fee shall be $100, which shall be prorated to December 31 of the year
registered.[1]
[1]
Editor's Note: Former Subsection E, regarding annual fee increases,
which immediately followed this subsection, was repealed 10-10-2017
by Ord. No. 659.
To effectuate the purposes and provisions of this chapter, the
Occupancy Inspector shall have the right to exercise such powers as
may be necessary to carry out a proper inspection, including but not
limited to the following, and including all other powers which may
be granted by law:
A.
To investigate dwelling conditions in the Borough of Buena in order
to determine which dwellings, dwelling units or other places of residence
therein are unfit for human habitation.
B.
To enter upon premises for the purpose of making examinations at
all reasonable hours.
C.
To delegate any of his functions and powers to the Construction Code
official of the Borough of Buena, or to a subcode official of the
Borough of Buena, as he may designate in order to carry out the registration
and/or inspection requirements of this chapter.
In the absence of the Occupancy Inspector, or in circumstances
where an inspection by the Occupancy Inspector might constitute a
conflict of interest, or where another Borough inspector is required
by another ordinance or by state law or regulation to inspect a dwelling
or rental structure for compliance with that ordinance, law or regulation,
the Construction Code Official of the Borough of Buena, or the Building,
Plumbing, Electrical or Fire Subcode official of the Borough of Buena,
is hereby designated to register rental structures and to make inspections
of dwelling or rental structures in order to enforce this chapter.
The Construction Code Official, or any subcode official designated
herein to make inspections required by this chapter which are otherwise
made by the Occupancy Inspector, shall have all of the same duties
and powers as are granted by this chapter to the Occupancy Inspector.
In such event, the Construction Official or other subcode official
shall be entitled to appropriate compensation from the Borough of
Buena for the performance of such registration and/or inspection.
A.
The Occupancy Inspector or his designee shall, upon completion of
an inspection, issue an occupancy permit where the home or rental
structure complies with the requirements of this chapter. When a home
or rental structure does not comply, so that an occupancy permit cannot
be issued, the Occupancy Inspector or his designee shall prepare a
report and issue same to the owner or applicant of the home or rental
structure which has been inspected, setting forth the deficiencies
to be corrected prior to the issuance of an occupancy permit. A copy
of said inspection report shall be retained by the Occupancy Inspector
and a copy thereof issued to the owner or applicant. Upon issuance
of an occupancy permit, a copy of said permit shall be retained by
the Occupancy Inspector and a copy provided to the Borough Clerk to
be filed in such office with the registration certificate of the rental
structure which is the subject of said inspection. Where an occupancy
permit is issued for a home which is not a rental structure, said
occupancy permit shall be issued to the owner or applicant and a copy
retained by the Occupancy Inspector.
B.
At the request of any person desiring a copy or copies of any registration
statement, occupancy permit or inspection report, the same shall be
made available to said person as a public record, and a charge for
each such copy shall be made and remitted to the Borough Treasurer
in accordance with such ordinance or resolution as has been or will
be adopted by the Borough of Buena and as permitted by the laws of
the State of New Jersey.
After the effective date of this chapter, the owner of any rental structure who has not registered said rental structure with the Occupancy Inspector of the Borough of Buena as required by Chapter 82 of the Borough Code prior to its amendment by this Ordinance shall comply with the registration requirements of this chapter by June 30, 1995. Any owner or other person obligated to register a rental structure as required by this chapter during the year 1995, who fails to do so by June 30, 1995, shall be in violation of this chapter and shall be obligated to pay a late fee as required by § 82-9D.
Where a dwelling unit is not granted a occupancy permit for
reasons set forth in this chapter, the Occupancy Inspector shall not
charge an additional fee for a first reinspection where he has set
forth the violations, in writing, to the owner or other person requesting
such inspection. However, should the dwelling unit not pass inspection
on a first reinspection for failure to correct any condition of which
the owner or other person was notified in writing, the Occupancy Inspector
shall be entitled to charge an additional inspection fee as set forth
herein for a second reinspection and for each additional reinspection
thereafter until all conditions originally set forth by the Occupancy
Inspector are corrected and a occupancy permit is issued.
The Assessment Clerk of the Borough of Buena shall set forth
on any assessment search which he provides to a prospective buyer
of real estate a notice that the buyer of any dwelling unit in the
Borough of Buena is required to obtain a occupancy permit before occupying
said premises. The failure, however, of the Assessment Clerk to provide
a prospective buyer with such notice shall not excuse any person purchasing
real estate from first obtaining a occupancy permit before occupying
said premises.
Any farm building or other building in the Borough of Buena
which is subject to inspection pursuant to federal or state law and
which is actually inspected by a federal or state inspector shall
be exempt from the requirement for a occupancy permit under this chapter
and from the fees connected with the issuance of said certificate.
[Amended 12-11-2023 by Ord. No. 743]
Any person who shall violate any provision of this chapter shall be subject to such penalties as set forth in Chapter 1, General Provisions, Article III. For the purposes of this section, the failure to register a rental unit shall be a separate offense each year the rental unit remains unregistered. The failure to correct violations cited upon the yearly inspection shall also constitute a separate offense under § 82-4B(3)(e). The failure to register a rental unit includes any registration that is not approved due to outstanding violations in accordance with § 82-4B(3)(f).
[Added 4-10-2023 by Ord. No. 729]
A.
COMMON INTEREST COMMUNITY
DUST WIPE SAMPLING
LEAD INSPECTOR
LEAD-BASED PAINT HAZARD
LEAD-FREE CERTIFICATION
TENANT TURNOVER
VISUAL ASSESSMENT
VISUAL ASSESSOR
Definitions. The following definitions shall apply to this section:
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property owners to contribute
to maintenance of commonly held property or to pay dues or assessments
to an owners' association that provides services or facilities to
the community.
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
A person certified by the Department of Health to perform
lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1
et seq. This includes the ability to perform dust wipe sampling.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-based contaminated paint that is deteriorated or present
in surfaces that would result in adverse human health effects.
A certification which confirms that a lead-based paint inspection
was performed and that no lead-based paint exists in the dwelling
unit or that all lead-based paint hazards have been fully abated.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A person that is certified to perform a visual assessment.
B.
Lead-based paint inspection.
(1)
A lead inspector for the Borough of Buena shall inspect every single-family,
two-family, and multiple rental dwelling located within the Borough
of Buena for lead-based paint hazards through visual assessment in
accordance with N.J.S.A. 52:27D-437.16 et seq., as may be amended
from time to time.
(2)
The property owner or landlord may, in lieu of having the dwelling
inspected by the Borough's lead inspector, directly hire a private
lead evaluation contractor who is certified to provide lead-based
paint inspection services by the Department of Community Affairs to
perform the lead-based paint inspection in accordance with N.J.S.A.
52:27D-437.16 et seq., as may be amended from time to time.
(3)
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in
a single-family, two-family, or multiple rental dwelling shall not
be subject to inspection and evaluation for the presence of lead-based
paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner, and has no
outstanding lead violations from the most recent cyclical inspection
performed on the multiple dwelling under the Hotel and Multiple Dwelling
Law, N.J.S.A. 55:13A-1 et seq.;
(d)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or
(e)
Has a valid lead-safe certification issued after abatement in
accordance with N.J.A.C. 5:17.
(4)
If lead-based paint hazards are identified, then the owner of the
dwelling shall remediate the hazards through abatement or lead-based
paint hazard control mechanisms in accordance with the Lead-Hazard
Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. Upon the remediation
of the lead-based paint hazard, the Borough's lead evaluation contractor
or visual assessor, as may be applicable, or the owner's private lead
evaluation contractor, shall conduct an additional inspection of the
unit to certify that the hazard no longer exists.
(5)
If no lead-based paint hazards are identified, or following remediation
pursuant to this subsection, then the Borough's lead evaluation contractor
or the owner's private lead inspector shall certify the dwelling as
lead safe on a form prescribed by the Department of Community Affairs,
which shall be valid for two years.
(6)
In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall:
(a)
Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Buena at the time of the cyclical inspection unless not required to have had an inspection pursuant to Subsection B(3) herein.
(b)
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease. This subsection shall not apply should the unit not be required to have an inspection pursuant to Subsection B(3) herein.
(7)
If a lead evaluation contractor or the Borough's lead evaluation
contractor finds a lead-based paint hazard exists, then the lead evaluation
contractor shall notify the Commissioner of Community Affairs, who
shall review the findings in accordance with Section 8 of the Lead
Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8.
(8)
Should a lead hazard be identified in an inspection of one of the
dwelling units in a building consisting of two or three dwelling units,
then the lead evaluation contractor shall inspect the remainder of
the building's dwelling units for lead hazards, with the exception
of dwelling units that have been certified to be free of lead-based
paint.
C.
Fees for inspections. The fees for a lead-based paint inspection
shall be as follows:
(1)
The fee for a visual assessment and dust wipe sampling inspection
performed by the Borough's lead inspector shall be $600 for a dwelling
unit that has one bedroom. There shall be an additional fee of $30
for each additional bedroom in the dwelling unit.
(2)
The fee for the filing of a lead-safe certification or lead-free
certification shall be $25.
(3)
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners' association,
unless the association is the owner of the unit.
(4)
In accordance with N.J.S.A. 52:27D-437.16(h), an additional fee of
$20 per dwelling unit inspected by the Borough's lead evaluation contractor
or the owner's private lead inspector shall be assessed for the purposes
of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437-1 et
seq., unless the unit owner demonstrates that the Department of Community
Affairs has already assessed an additional inspection fee of $20.
The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund.
(5)
Should the Borough's lead inspector be required to reinspect due
to required remediation, an additional fee of $600 shall be charged
for each additional inspection. Should the Borough's lead inspector
be required to perform a dust wipe as well as a visual inspection,
the fee shall be $725.
(6)
Should the Borough's lead inspector be denied access, the fee shall
remain payable to cover the cost of the Borough's inspector.
D.
Violations and penalties. In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of § 82-18B(4) and (6) herein shall be as follows:
(1)
If a property owner has failed to conduct the required inspection
within the time set forth herein, or initiate any remediation efforts,
the owner shall be given 30 days to cure the violation.
(2)
If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.
[Added 12-11-2023 by Ord. No. 743]
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 Borough of Buena, 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 Borough 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.
[Added 12-11-2023 by Ord. No. 743]
A.
In addition to any other penalty prescribed herein, an owner may
be subject to the revocation or suspension of the certificate of registration
issued hereunder upon the happening of one or more of the following:
(1)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(4)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants permitted. Three written notices of
violations within a ninety-day period, 30 days apart, shall be considered
a continuous event.
(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.
(6)
A false, misleading or fraudulent statement made in connection with
the registration or inspection of a rental unit or units under this
chapter.
(7)
A pattern of conduct which results in creating, maintaining, permitting
or suffering the existence of any of the following conditions at or
about the rental unit:
(a)
Disorderly conduct on the part of tenants or occupants or their
guests. "Disorderly conduct" shall be as defined in N.J.S.A. 2C:33-2;
provided, however, that a conviction of such person or persons under
that statute shall not be required in order for the Borough to take
action under this section;
(b)
A nuisance, as that term is defined by N.J.S.A. 2C:33-12; provided,
however, that a conviction of such person or persons under that statute
shall not be required in order for the Borough to take action under
this section;
(d)
The public manifestation by tenants, occupants or guests of
being under the influence of alcohol or controlled dangerous substances;
provided, however, that a conviction of such individuals for such
violation(s) shall not be required in order for the Borough to take
action under this section; and
(e)
The possession or consumption of alcoholic beverages by minors.
(8)
Whenever the Police Department shall have made an arrest of or issued a summons to a tenant, occupant or guest or owner on three or more occasions during any thirty-day period for an offense related to or arising out of the use and occupancy of the same rental unit(s), the same shall be prima facie evidence of a violation of § 82-20 of the Municipal Code, provided that the owner and/or managing agent shall have had written notice of the existence of such circumstances or conditions.
(9)
It shall be a defense to any proceeding for the revocation, suspension,
or other disciplinary action involving a certificate of registration
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 tenants, occupants
or guests for recovery of the premises, eviction of the tenants or
otherwise.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a certificate
of registration may be filed by any one or more of the following:
Chief of Police, Construction Code Official, Housing Inspector, Zoning
Officer or any other persons or office authorized to file such complaint.
Such complaint shall be in writing and filed with the Borough Administrator
or his/her designee. The complaint shall be specific and shall be
sufficient to apprise the owner of the charges so as to permit the
owner 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 Administrator
or his/her designee shall immediately schedule a date for a hearing,
which shall not be sooner than 10 days nor more than 30 days thereafter.
The Borough Administrator, or his/her designee, shall forward a copy
of the complaint and a notice as to the date of the hearing to the
owner 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 public officer, as that term is defined by § 181-2 of the Code of the Borough of Buena, who shall render a decision dismissing the complaint, revoking or suspending the certificate of registration or determining that the certificate of registration shall not be renewed or reissued for one or more subsequent registration years. The decision shall be rendered within 30 days of the conclusion of the hearing.
(4)
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/her designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
