[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-3-1999 by Ord. No. 99-21 (Ch. 179A, Art. I, of the 1986 Code)]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this article 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 by this article. 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.
Two or more buildings, each containing two or more apartments,
which are located within close proximity to each other and are owned
by the same owner.
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house 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 whereto the apartment be designed for
residence, for office, or the operation of any industry or business,
or for any other type of independent use.
The license issued by the Borough Clerk or designee attesting
that the rental unit has been properly registered in accordance with
this article.
The person to whom the license is issued pursuant to this
article. 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 which owns, operates,
exercises control over or is in charge of a rental facility.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Every building, group of buildings of a portion thereof 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 apartments and apartment complexes.
A dwelling unit which is available for lease or rental purposes
and is meant to include apartments and apartment complexes.
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of Penns Grove or such other person
designated by the Borough 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. Upon registration, a license will issue allowing the landlord
to rent that property if all conditions are met.
Each rental unit shall be registered on an annual basis. If there is a change of occupancy within that year, the registration form must be updated. It is a violation of present Borough law to change tenants at any time without obtaining a new certificate of occupancy pursuant to Chapter 213, Certificates of Occupancy, of the Code of the Borough of Penns Grove. The initial registration shall occur within 45 days following the adoption of this article and will be in effect for one year. Any lease which has been executed prior to the adoption of this article must nevertheless be registered, inspected and licensed in accordance with this article, although the tenant need not vacate pending this procedure. No rental unit shall hereafter be rented unless the rental unit is registered and licensed in accordance with this article.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered and licensed
as provided herein. Every owner shall file with the Borough Clerk
or designee of the Borough of Penns Grove or such other person as
designated by the Borough Council a registration from for each unit
contained within a building or structure, which shall include the
following information:
A.Â
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 names and addresses of
all general partners shall be provided, together with the telephone
numbers for each of such individuals indicating where such individual
may be reached both during the day and evening hours. If the record
owner is a corporation, the names and addresses of the registered
agent and corporate officers of said corporation shall be provided,
together with the telephone numbers for each of such individuals indicating
where such individual may be reached both during the day and evening
hours.
B.Â
If the address of any record owner is not located in Penns Grove
or in Salem County, the name and address of a person who resides in
Salem County and who is authorized to accept notices from a tenant
and to issue receipts therefor and to accept service of process on
behalf of the record owner.
C.Â
The name and address of the agent of the premises, if any.
D.Â
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.Â
The name, address and telephone number of an individual representative
of the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the premises or any unit of
dwelling space therein, including such emergencies as the failure
of any essential service or system, and who has the authority to make
emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith.
[Amended 7-5-2017 by Ord.
No. 2017-5]
F.Â
The name and address of every holder of a recorded mortgage on the
premises.
G.Â
If 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.Â
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.Â
Such other information as may be prescribed by the Borough.
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 article.
Every person required to file a registration form pursuant to
this article 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.Â
Each rental unit shall be inspected at least once every twelve-month
period.
B.Â
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of Penns Grove, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Borough of Penns Grove shall not
be used as a valid substitute.
C.Â
Such inspection shall be for the purpose of determining compliance with Chapter 450, Zoning, and, to the extent applicable, to determine if the property complies with the Uniform Construction Code and International Property Maintenance Code 2015.
[Amended 7-5-2017 by Ord.
No. 2017-5]
D.Â
Unsatisfactory inspection. 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 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 60 days, and if not made within that time period, the owner shall be deemed in violation of this article, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 359-18 of this article. The owner is responsible for relocating the tenant if the property is uninhabitable pending repairs.
A.Â
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boarding houses in order that they may promote the purposes
of this article to safeguard the health, safety, and welfare of the
occupants of rental facilities, rental units and rooming/boarding
houses 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/boarding
houses at all reasonable times. The owner or occupant of every rental
facility, rental unit and rooming/boarding house shall give the inspecting
officer free access to the rental facility, rental unit and rooming/boarding
house at all reasonable times for the purpose of such inspections,
examinations and surveys.
B.Â
Every occupant shall give the owner of the rental facility, rental
unit and rooming/boarding house access to any part of such rental
facility, rental unit and rooming/boarding house at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this article
or any lawful order issued pursuant thereto.
C.Â
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this article, an inspecting officer shall conduct an
inspection as hereinbefore provided.
[Amended 4-4-2006 by Ord.
No. 2006-15]
The Borough reserves the right to set meetings with all licensed
landlords in the Borough with mandatory attendance. If the landlord
cannot attend, an authorized representative must appear on the landlord's
behalf. If the rental property is owned by a corporation, an officer
of the corporation must be present. All meetings will be held in the
Borough, and at least 30 days' notice of such a meeting will
be provided.
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 commencing on the date of
issuance and expiring on the same date of the next calendar year.
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.
At the time of the filing of the registration form and prior
to the issuance of a license, the owner or agent of the owner must
pay a fee in accordance with the following:
A.Â
An annual registration fee of $15 per year, per unit.
B.Â
A reinspection fee of $15 for each subsequent year, per unit.
C.Â
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit 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.
D.Â
In the case of a properly licensed rooming/boarding house, the fee
of $15 will apply to the entire structure and not to each room individually.
E.Â
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $50 per unit will be assessed. The due date shall be
calculated as follows: years registered plus 30 calendar days from
date of initial registration.
[Amended 4-4-2006 by Ord.
No. 2006-15]
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
article. This particular provision shall not apply to any hotel, motel,
or guesthouse registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act as defined in 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).
[Amended 7-5-2017 by Ord.
No. 2017-5]
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 § 359-18 of this article.
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
on a current basis.
[Amended 7-5-2017 by Ord.
No. 2017-5]
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and the International Property Maintenance
Code 2015.
A.Â
Occupants. Only those occupants whose names are on file with the
Borough Clerk as provided in the article 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.Â
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 owners or of the public in
general such that it shall constitute a nuisance as defined in the
ordinances of the Borough of Penns Grove.
C.Â
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 Penns Grove and with
all applicable state and federal laws.
A.Â
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 or more of the following:
[Amended 7-5-2017 by Ord.
No. 2017-5]
(1)Â
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(2)Â
Determination of a violation of this article at a hearing held pursuant to Subsection B herein.
(3)Â
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of Chapter 315, Noise, of the Code of the Borough of Penns Grove.
(4)Â
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this article.
(5)Â
Maintaining the rental unit or units or the property of which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
B.Â
Procedure; written complaint; notice; hearing.
(1)Â
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: Chief of Police, Construction
Code Official, Housing Inspector, Zoning Officer, the membership of
the Penns Grove Police Department, or any other person or office 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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
(2)Â
Upon the filing of such written complaint, the Borough Clerk or designee
shall immediately inform the Borough Council and a date for a hearing
shall be scheduled which shall not be sooner than 10 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)Â
The hearing required by this section shall be held before the Borough
Council unless, in its discretion, the Borough Council determines
that the matter should be heard by a hearing officer; such officer
shall transmit his findings of fact and conclusions of law to the
Borough Council within 30 days of the conclusion of the hearing. Borough
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 Borough Council, then the
Borough 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 license years.
(4)Â
A stenographic transcript 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)Â
The Borough Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
C.Â
If the license is revoked or suspended, the landlord must remove
the tenants from the property within 30 days. It is the responsibility
of the landlord to relocate the tenant as a result of a violation
of this article. If the Borough decides to relocate the tenant for
emergent reasons, the landlord will have to reimburse the Borough
for the expense.
D.Â
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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Penns Grove or such other court having jurisdiction, be subject to a penalty as provided in § 1-2 of this Code.
