[HISTORY: Adopted by the Township Committee of the Township
of Franklin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-23-2014 by Ord. No. O-23-2014]
As used in this article, the following terms shall have the
meanings indicated:
Any person, group of persons, firm, corporation or officer
thereof, partnership, association, company, trust, or other legal
entity who owns, operates, exercises control over or is in charge
of a rental property or owner-occupied property.
Any structure which the owner thereof occupies, uses, or
allows to function or be occupied as a domicile or home other than
as a rental property.
A building, group of buildings, or a portion thereof which
contains one or more individual apartments, 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, and is meant to include one or more individual
apartments. A property shall be presumed to be a rental property if
a lease exists for the property, if there is written proof of rent
being paid thereon, or if the property is registered as a rental property.
Any of the notices required by this article shall be deemed
to be lawfully served if such notice is personally served upon the
individual named, or sent via certified mail with a return receipt,
or sent via regular mail to the individual named at the last known
address without return, or by posting or affixing a copy of the same
upon the door or other conspicuous part of such premises. Such posting
shall be deemed to be lawful service.
A residential rental property whose tenants, occupants or guests
shall be so disorderly as to disturb the peace and quiet of the landlord
or other tenants and occupants living in the dwelling or the neighborhood
shall be rebuttably presumed to be a nuisance house if any of the
following have occurred within 12 months prior to the filing of any
charge regarding a premises being a nuisance house:
B.
A residential property whose tenants, occupants or guests have been
convicted of a second or subsequent offense for a disorderly persons
offense or criminal offense, as defined by statute, on the premises
of the residential rental property; or
C.
A residential property whose tenants, occupants or guests have been
convicted for a controlled dangerous substance(s) related offense
on the premises of the residential rental property; or
D.
A residential property whose tenants, occupants or guests have been
convicted for prostitution or solicitation of same on the premises
of the residential rental property; or
An owner-occupied dwelling, whose owner(s) or occupant(s) shall
be so disorderly as to disturb the peace and quiet of the neighborhood
by the following, shall be rebuttably presumed to be a nuisance house
if any of the following have occurred within 12 months prior to the
filing of any charge regarding a premises being a nuisance house:
B.
A residential property whose tenants, occupants or guests have been
convicted of a second or subsequent offense for a disorderly persons
offense or criminal offense, as defined by statute, on the premises
of the owner-occupied property; or
C.
A residential property whose tenants, occupants or guests have been
convicted for a controlled dangerous substance(s) related offense
on the premises of the owner-occupied property; or
D.
A residential property whose tenants, occupants or guests have been
convicted for prostitution or solicitation for same on the premises
of the owner-occupied property; or
A.
Any owner of a residential rental property which has been deemed
a nuisance house as set forth in this article shall be subject to
the following:
(1)
Upon written notification, the owner of a residential rental property
that has been deemed by the Municipal Court to be a nuisance house
as set forth in this article shall take those actions required by
law to evict the tenants, occupants or guests from that residential
rental property. The landlord shall give notice of such act with a
copy of the complaint and date of hearing and shall allow the Township's
representative to appear and testify therein.
(2)
A landlord who refuses to take those actions required by law, after
30 days' written notice to evict the tenants, occupants or guests
from a residential rental property that has been deemed by the Municipal
Court to be a nuisance house as set forth in this article or who fails
to otherwise successfully correct said violations, shall be subject
to fines of not less than $100 and not more than $1,250 and/or imprisonment
in the county jail for up to 90 days. Each day during which a failure
to take action continues shall constitute a separate violation.
B.
Any owner of an owner-occupied dwelling which has been deemed a nuisance house as set forth in this article shall be subject to the following: Upon written notification, the owner-occupant of a residential dwelling who fails to cease and desist from unlawful actions or who fails to cause such unlawful actions to cease or who fails to remediate violations as set forth in § 275-3 of this article shall be subject to fines of not less than $100 and not more than $1,250 and/or imprisonment in the county jail for up to 90 days. Each day during which a failure to take action continues shall constitute a separate violation.
