[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-22-1995 by Ord. No. 1957; amended in its entirety 2-17-1999 by Ord. No. 2083 (Ch. 90, Art. I, of the 1975 Borough Code)]
As used in this article, the following terms shall have the
meanings indicated:
Fit for habitation, as defined by the Housing Inspection
Code, and occupied or unoccupied and offered for rent.
Any building or structure rented or offered for rent to any
one or more tenants or family units. Exempt from this article are
motels, hotels, Borough-of-Roselle-owned or -leased property, housing
units of three units or less and buildings in which 1/3 or more of
the available floor space is either occupied or offered as commercial.
Housing units newly constructed and rented for the first time are
exempted, for which the initial rent may be determined by the landlord.
All subsequent rents will be subject to the provisions of this article.
[Amended 10-18-2003 by Ord. No. 2198]
That portion of a dwelling rented or offered for rent for
living and dwelling purposes to one individual or family unit, together
with all privileges, services, furnishings, furniture, equipment,
facilities and improvements connected with the use or occupancy of
such portion of the property.
Includes periodic tenancies not covered by written agreement.
The consumer price index (all items) for the metropolitan
New York City area, published periodically by the Bureau of Labor
Statistics, United States Department of Labor.
Establishment of rents between a landlord and a tenant to whom
this article is applicable shall hereafter be determined by the provisions
of this article. At the expiration of a lease of a periodic tenant,
no landlord may request or receive a percentage increase in rent which
is greater than the difference between the consumer price index at
the date the lease was entered into or 6% during any twelve-month
period, whichever is the lesser.
Any rental increase at a time other than at the expiration of
a lease or termination of a periodic lease shall be void. Any rental
increase in excess of that authorized by the provisions of this article
shall be void.
Any landlord seeking an increase in rent shall notify the tenant
of the calculations involved in computing the increase, including
the consumer price index at the date of inception of the lease, the
consumer price index 90 days before the expiration of the lease, the
allowable percentage increase and the allowable rental increase under
those calculations and 6% allowable rental during any twelve-month
period hereinbefore referred to.
A landlord may seek a tax surcharge from a tenant because of
an increase in municipal property taxes. The tax surcharge shall not
exceed that amount authorized by the following provisions: The landlord
shall divide the increase in the present property tax over the property
tax of the previous year by the number of rooms in the dwelling to
obtain the tax increase per room. The tenant shall not be liable for
a tax surcharge exceeding the tax increase per room multiplied by
the number of rooms occupied by the tenant.
Any landlord seeking a tax surcharge shall notify the tenant
of the calculations involved in computing the tax surcharge, including
the present property tax for the dwelling, the property tax for the
dwelling for the previous year, the total number of rooms in the dwelling,
the tax increase per room, the number of rooms occupied by the tenant
and the maximum allowable surcharge.
The tax surcharge each tenant is liable for shall be paid in
12 monthly installments.
The tax surcharge shall not be considered rent for purposes
of computing the amount of living rental increases.
In the event of a tax appeal, the portion of a tenant's
tax surcharge not being paid by the landlord to the government will
be held in an interest-bearing account. In the event the appeal is
successful and the taxes reduced, the tenant shall receive 50% of
said reduction as applied to its tax portion after deducting all expenses
incurred by the landlord in prosecuting said appeal.
A.
There is hereby created a Rent Leveling Board within the Borough
of Roselle. Said Board shall consist of two landlords and one alternate,
two tenants and one alternate, and one other member and one alternate,
all appointed by the Mayor. The Mayor shall appoint a qualified person
to the Board with the consent of Council.
B.
The Rent Leveling Board is hereby granted and shall have and exercise,
in addition to other powers herein granted, all powers necessary and
appropriate to carry out and execute the purpose of this article,
including but not limited to the following:
(1)
To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this article, which rules and regulations
shall have the force of law until revised, repealed or amended from
time to time by the Board in the exercise of its discretion, provided
that such rules are filed with the Borough Clerk.
(2)
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this article.
C.
The Rent Leveling Board shall give reasonable opportunity to be heard
to both landlord and tenant before making any determinations.
Both landlord and tenant may appeal the findings of the Rent
Leveling Board to the Mayor and Council.
In the event that a landlord cannot meet his mortgage payments
and maintenance, he may appeal to the Rent Leveling Board for increased
rental. The Board may grant the landlord a hardship rent increase
to meet these payments. Prior to any such appeal to the Board, a landlord
must post in the lobby of each building or, if no lobby is present,
in a conspicuous place in and about the premises a notice of said
appeal, setting forth the basis for said appeal. Said notice must
be posted for at least five days prior to the proposed date of appeal.
A landlord may seek additional rental for major capital improvements
or services. The landlord must notify each tenant by certified mail
of the total cost of the completed capital improvement or service,
the number of years of useful life of the improvement as claimed by
the landlord for purposes of depreciation for income tax purpose,
the average cost of the improvement, the total number of square feet
of the dwelling or garden apartment complex, the total square feet
occupied by the tenant and the capital improvement surcharge he is
seeking from each tenant. The landlord seeking a capital improvement
or service surcharge shall appeal for said surcharge to the Rent Leveling
Board, which shall determine if said improvement is a major improvement
and, if so, shall permit such increase to take place. If said increase
is granted, it shall not be considered rental and calculated in cost
of living increases. In any event, no increase authorized by this
section shall exceed 10% of the tenant's rent.
A.
The Board shall not grant an increased rental to a landlord upon
more than one application for any one year.
B.
Application.
(1)
Upon submission of an application, the applicant shall be required
to establish an escrow account with the Borough of Roselle.
(2)
Upon receipt of an application for relief, the Board shall forthwith
send a copy thereof to any professional experts retained to assist
the Board in the processing of said application. Within five days
of receipt, said professional experts shall submit to the Board an
estimate of funds sufficient in amount to undertake the professional
services to be rendered.
(3)
The applicant shall forthwith deposit such funds in the escrow account
maintained by the Tax Collector of the Borough of Roselle. The professional
experts shall submit vouchers for all reasonable and necessary fees,
for the professional services rendered, which fees shall be paid from
the escrow amount in the manner prescribed by N.J.S.A. 40A:5-16 through
18.
(4)
The professional expert shall, at the time of submission of any such
voucher, forward a copy of same to the applicant. In the event that
the applicant questions the reasonableness of any such voucher, the
applicant shall, not later than five days after receipt of a copy
of said voucher, make written protest of such voucher to the Board.
In no event shall the Board authorize the payment of any voucher submitted
pursuant to this section sooner than 10 days from its submission.
(5)
Any of the aforesaid moneys left in the escrow account upon completion
of the application shall be returned to the applicant as soon as is
practicably possible. Should additional funds be required after the
original funds are exhausted, such funds which shall be necessary,
in the judgment of the Board, shall be paid by the applicant to the
Tax Collector of the Borough of Roselle and placed in the escrow account.
(6)
The Board shall take no formal action on any application unless and
until all escrow funds have been deposited with the Tax Collector
of the Borough of Roselle, and any time limitations set forth in this
article shall be extended until all such escrow funds are deposited
with the Tax Collector.
C.
The Board will only entertain one hardship application in any one
twelve-month period.
A.
During the term of this article the landlord shall maintain the same
standards of service, maintenance, furniture, furnishings or equipment
in the housing space and dwelling as he provided or was required to
do by law or lease at the date the lease was entered into.
B.
An individual tenant or a class of tenants who is not receiving substantially
the same standards of service, maintenance, furniture or furnishings
or equipment may have the Rent Leveling Board determine the reasonable
rental value of the housing unit or dwelling in view of this deficiency.
The tenant or class of tenants shall pay the reasonable rental value
as full payment for rent until the landlord proves that the deficiency
has been corrected.
No landlord shall, after the effective date of this article,
charge any rents in excess of what he was receiving from the effective
date of this article except for increases authorized in this article.
The owner of housing space or a dwelling being rented for the
first time shall not be restricted in the initial rent he charges.
Any subsequent rental increases, however, shall be subject to the
provisions of this article.
A willful violation of any provision of this article, including
but not limited to the willful filing with the Rent Leveling Board
of any material misstatement of fact, shall be punishable by a fine
of $500 or imprisonment for a term not to exceed 90 days, or both.
In addition, treble damages may be sought in a court of competent
jurisdiction. Such fine or fines and/or damages shall be computed
on the basis of a separate violation as to each leasehold.
This article being necessary for the welfare of the Borough
and its inhabitants, it shall be liberally construed to effectuate
the purposes thereof.
This article to take effect immediately upon passage and publication
as required by law and shall remain in full force and effect for a
period not to exceed three years, at which time said article shall
be reviewed and considered by the governing body and, if not extended,
shall terminate three years from the date of its adoption.
[Adopted 12-17-2014 by Ord. No. 2508-14]
This article shall be known as and may be cited as the "Rental
Property Licensing and Compliance Ordinance."
A.
It is the purpose of this article to create a uniform system for
the registration and licensing of single-family rental properties
and multifamily rental properties; one which satisfies the requirements
of N.J.S.A. 46:8-27 et seq. and licensing pursuant to this article.
While registration and licensing of rental units is authorized pursuant
to N.J.S.A. 40:48-2.12c and 40:52-1d, revocation of licenses and the
penalties provided for herein are necessary due to the conditions
set forth in the findings herein. This article seeks to address the
absence of adequate remedies in state law and granted pursuant to
N.J.S.A. 40:48-2 and, inter alia, to promote the welfare of the municipality
and its inhabitants.
B.
In addition to any other remedies in law or equity not set forth
herein, enforcement authority shall be vested in the Code Enforcement
Department and its respective inspectors, including, but not limited
to the Construction Department, Health Department, Police Department,
Fire Department and the Department of Public Works shall also have
enforcement authority with respect to this article. The Mayor, with
the advice and consent of Council, may also designate, when necessary,
additional enforcement duties for other Borough Departments to protect
neighborhoods from becoming blighted through the lack of adequate
maintenance and security of rental properties.
As used in this article, the following terms shall have the
meanings indicated:
An individual or entity, when used in the proper context
that is authorized by the owner of a dwelling unit to act on their
behalf.
Includes that portion of a dwelling unit, rented or offered
for rent for living and dwelling purposes, to one individual or family
unit, together with all privileges, services, furnishings, furniture,
equipment, facilities and improvements connected with the use occupancy
of such portion of the property.
Fit for habitation as defined by the Statutes of the State
of New Jersey, and the Codes and Ordinances of the Borough of Roselle.
Any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
That as a result of a general inspection of the visible parts
of the building, no violations have been determined to have occurred
and no unsafe conditions have been found and that the existing use
of the building has heretofore lawfully existed.
An individual or entity when used in the proper context that
is authorized by the Mayor and governing body to act for the Public
Officer.
Includes that portion of a building or structure rented or
offered for rent to one or more tenants or family units. A room or
series of connected rooms designed for permanent residency, containing
living, cooking, sleeping and sanitary facilities. The dwelling unit
shall be self-contained and shall not require the use of outside stairs
(other than those required for initial access to the structure), passage
through another dwelling unit or other indirect route to get to any
portion of the dwelling unit. Any cottage, bungalow, room or group
of rooms in occupying all or part of a floor or floors in a building,
with housekeeping facilities for dwelling purposes.
The Borough Council of the Borough of Roselle.
Shall mean and be treated as separate and individual rental
properties.
The license issued by the Public Officer (Code Enforcement
Officer) of the Borough of Roselle or designee attesting that the
rental unit has been properly registered in accordance with this article.
Collectively, the licenses issued to the owner of either a single-family
rental property or multifamily rental property pursuant to this article.
Each dwelling unit in a multifamily rental property shall be separately
licensed pursuant to the provisions of 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.
The cleanliness and proper working order and upkeep of all
areas used by tenants and the public.
The Mayor of the Borough of Roselle.
Any structure containing two or more units available for
rent, whether occupied or not, also referred to as a "covered property."
The primary residential living unit of the owner.
The fee owner of any single-family rental property or multifamily
rental property whether individual, corporation, partnership, trust,
limited liability company or other business entity. For the purpose
of this article, "owner" shall also include all corporate officers,
partners, trustees, trust beneficiaries, members of LLCs or others
with a control interest in an owner, no matter the form.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
The requirement to permanently affix information required
to be made known to tenants at rental properties regulated by this
article. Posting shall be at eye level near the primary entrance to
the property, at a place where it is most likely to be seen. The Code
Enforcement Department shall provide forms that shall be used for
posting.
Any housing authority or any officer who is in charge of
any department or branch of the government of the municipality, county
or state relating to health, fire, building regulations, or to other
activities concerning buildings in the municipality.
The Borough official(s) who is or are authorized by this
article to exercise the powers prescribed by this article and by P.L.
1942, c. 112 (N.J.S.A. 40:48-2.3 et seq.). Notwithstanding any other
provision of law to the contrary, nothing shall prevent the Mayor
and Council from designating more than one Public Officer for different
purposes as provided by law.
Shall encompass the provisions of the Borough of Roselle Code, Chapter 595, and in addition thereto but not limited to the following: disorderly, indecent, tumultuous or riotous conduct, including, by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, urinating or defecating in public, lewdness, criminal mischief, crimes against property or excessive noise, by a tenant or a tenant's guest on or in the vicinity of any single-family rental property or multifamily rental property wherein such tenant resides. A violation shall be deemed to have occurred in the vicinity of a covered property if such violation occurred in the adjacent public right-of-way in front of the covered property or on any property adjacent to the covered property.
Any structure or building which contains one or more individual
residential rental units.
Includes that portion of a dwelling, building or structure
rented or offered for rent, for living and dwelling purposes to individuals
or to family units.
To dwell permanently or continuously; occupying a residence
as one's legal domicile; not exceeding the leased occupancy maximum
and utilizing the location of designated and permitted sleeping areas
as stated on the drawing of the unit lease agreement.
Includes that portion of a dwelling, building or structure
rented or offered for rent for living and dwelling purposes to individuals
or family units.
Any single-family structure held out for rental, whether
occupied or not, also referred to as a "covered property."
Those persons who have leased the unit from the owner regardless
of the type of tenancy under which they occupy the unit.
A.
N.J.S.A. 46:8-28.1 mandates the registration of rental units within
the State of New Jersey or within the municipality wherein the rental
unit is situated; and municipalities are authorized to regulate buildings
used for sleeping, lodging and occupancy purposes, including, but
not limited to, boarding houses, rooming houses, rental housing or
living units under N.J.S.A. 40:52-1 et seq. N.J.S.A. 40:82-12(a) authorizes
the governing body of any municipality to make, amend, repeal and
enforce ordinances to regulate buildings and structures, and their
use and occupancy, to prevent and abate conditions therein harmful
to the health and safety of the occupants of the buildings and the
general public in the municipality.
B.
The Mayor and Borough Council have received numerous complaints related
to rental properties located within the Borough and it has come to
its attention that a number of rental units within the Borough are
overcrowded and unsupervised by the landlord, thereby creating conditions
harmful to the health and safety of the occupants and the general
public.
C.
The problems are exacerbated by absentee landlords who do not properly
manage or supervise their rental properties; and conditions such as
overcrowding, noise complaints, and code violations have caused and
continue to cause the Borough to incur considerable expense in its
enforcement efforts and to have a deleterious effect on the quality
of life of Borough residents.
D.
In an effort to contain the many problems represented by poorly managed
rental units, the Borough has established a rental property regulation
which is to be administered by the Public Officer.
E.
It is the express intention of the governing body to hold landlords
accountable for unsafe and unsanitary conditions and for units which
experience overcrowding, disturbances, nuisances, damage, and incur
public expense resulting from inadequately supervised rental units,
and which disturb the peace and tranquility of the general public.
F.
The Mayor and Council have determined that it is necessary to require
persons who engage in the business of offering property for rent to
file an annual rental license application, to obtain a rental license
and or a certificate of use for each rental unit.
G.
To assist the Public Officer in effectively fulfilling his responsibilities,
it is necessary to identify all rental properties to properly regulate
the rental properties, enforce all laws, ordinances and regulations,
safeguard the health and safety of all residents of the Borough of
Roselle, and ensure proper management of rental properties.
H.
The Mayor and Council believe it is in the public interest to license
all landlords of rental properties and to provide for the establishment
of additional regulations of rental properties which will identify
all rental properties, owners, managing agents and tenants in order
to ensure the safety of all tenants and the quality of life for all
residents in the Borough of Roselle.
No person(s), corporation or business entity shall offer any
residential property for rent, or shall rent, lease or let any residential
property to any person or persons without first obtaining a license
by way of completing a rental property registration and license application.
A.
The owner or agent must submit to the Borough of Roselle Code Enforcement
Department an annual nonrefundable license fee in the amount of $50
per dwelling unit. The fee shall be valid for the calendar year, or
remaining portion of the calendar year in which the license was initially
required.
B.
In addition to the licensing fee, a certificate of use is also required and shall be applied for at the Municipal Building Department. A certificate of use is required for change of ownership and change of tenancy. (See fee schedule § 334-31.)
C.
Registrations and license fees are due January 1 of each year and must be received no later than January 31 of the year due. Failure to do so will result in a penalty as defined in § 334-43 of this article.
D.
In the event that ownership of the property is transferred, the seller
must notify the Code Enforcement Department of the transfer and the
buyer shall apply for a certificate of use for new ownership within
10 days of transfer. The buyer must fulfil the requirements of the
annual rental registration and licensing cycle.
The owner of every rental property within the Borough of Roselle
shall file a rental property license application with the Borough
of Roselle Code Enforcement office, Public Officer or designee. The
applicant shall provide the information required on the application
form.
The owner or agent of every rental property within the Borough of Roselle must submit a new license application annually. The application shall be valid for the calendar year, or remaining portion of the calendar year in which the license was initially required. Rental unit license applications are due January 1 of each year and must be received no later than January 31 of the year due. Failure to do so will result in a penalty as defined in § 334-43 of this article.
The rental property license application shall include:
A.
The names and addresses of owners of record of the rental property,
including all general partners, in the case of a partnership and all
members in the case of a limited liability company and all shareholders
in the case of a corporation.
B.
The name and address of a person who resides in the Borough of Roselle
and who is authorized to accept notices from a tenant or the Borough,
to issue receipts for these notices, and to accept the service of
process on behalf of the owner of record.
C.
The name, address and telephone number of the owner of record or
representative of same, or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the dwelling or
any dwelling unit, including such emergencies as the failure of any
essential service or system, and who has authority to make emergency
decisions concerning the building or unit, including the making of
repairs and can be on site at the unit within one hour of contact
by tenant or public authority.
D.
The information contained in the rental property license application
must set forth information for each unit within the rental property.
E.
The names and addresses of all holders of recorded mortgages on the
property.
F.
If fuel oil is used to heat the unit, the name and address of the
fuel oil dealer servicing the unit and the grade of oil used.
G.
A statement that the owner acknowledges and grants permission to
the public official for the right to inspect the dwelling unit in
which license is requested.
H.
Such other information as may be required by the Borough.
In the event the tenancy changes during the year, the landlord,
owner or managing agent, shall, within 10 days of the change in tenancy,
file for a certificate of use application for the units change of
tenancy. A "change in tenancy" shall mean a complete change of lease.
The provisions of this article shall apply to all rental premises
or units used for dwelling purposes except owner-occupied premises
with not more than two rental units where the tenant has failed to
provide 30 days' written notice to the landlord invoking the
provisions of this article, and federally owned housing.
A.
No person shall occupy any rental unit, nor shall the owner permit
occupancy of any rental unit unless the unit is registered and in
accordance with but not limited to:
B.
"Overcrowding":` it shall be unlawful for any person, including the
owner, agent or tenant, to allow the number of residents in the unit
to exceed the maximum number allowed to reside in the unit or to violate
the location of designated and permitted sleeping areas as stated
in the unit lease agreement and applicable law.
C.
Only those persons whose names are on the lease agreement as required
in this article may reside in the registered premises. It shall be
unlawful and a violation of this article for any other person to reside
in the premises. This provision may be enforced against the landlord,
tenant and or other person residing in the premises.
D.
No rental property or unit shall be conducted or maintained in such
a manner as to constitute a quality of life violation.
E.
In every written lease for each rental unit, the landlord shall include
the following:
(1)
A statement setting forth the maximum number of residents allowed
to reside in the unit;
(2)
A drawing depicting the location of designated and permitted sleeping
areas and notice that states "No space shall be used for sleeping
purposes which has not been so designated as a sleeping area on the
drawing provided by the owner" and as provided by law;
(3)
A statement listing of the names, ages and gender of all persons
who reside in the unit; and
(4)
A provision that the tenant agrees to reasonable inspections of the
designated premises by Borough Officials upon reasonable notice to
tenant;
(5)
The name, address and telephone number of the owner of record or
representative of same, or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the dwelling or
any dwelling unit, including such emergencies as the failure of any
essential service or system, and who has authority to make emergency
decisions concerning the building or unit, including the making of
repairs and can be on site at the unit within one hour of contact
by tenant or public authority.
F.
The responsible party emergency contact information and the maximum
number of occupants shall be posted in a conspicuous area within each
rental unit by the owner of each rental unit. Posting shall be at
eye level near the primary entrance to the property, at a place where
it is most likely to be seen, on a license form to be provided by
the Borough.
A.
Petitioned inspection: $50.
B.
Re-inspection fee: $25.
C.
Re-inspection of re-inspection of violations: $75.
D.
No show at requested inspection (15 minute wait): $50.
E.
No-show re-inspection fee (fifteen-minute wait): $50.
F.
Replacement of lost rental license or certificate of use: $25.
G.
Certificate of use one- and two-family residential: $75.
H.
Certificate of use three-family residential: $125.
I.
Certificate of use four-family residential: $150.
J.
Certificate of use more than four-family residential: $150 plus $25
for each dwelling unit in excess of four.
This shall constitute the standards to guide the Public Officer
or designee in determining the fitness of any dwelling, dwelling unit,
rooming unit or premises for human habitation, use or occupancy.
The Public Officer may make rules and regulations which interpret
or amplify any provision of this article or for the purpose of making
the provisions of this article more effective. No regulation, however,
shall be inconsistent with or alter or amend any provision of this
article, and no regulation shall impose any requirement which is in
addition to or greater than the requirements that are expressly or
by implication imposed by any provision of this article. Rules and
regulations shall be subject to the same penalty as other violations
of this article.
A.
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New
Jersey State Housing Code N.J.A.C. 5:10 (2013) as approved by the
Department of Community Affairs, is adopted as a standard governing
supplied utilities and facilities and other physical things and conditions
essential to making dwellings safe, sanitary and fit for human habitation,
occupancy or use, and governing the condition of dwellings.
B.
In accordance with the provisions of Chapter 595, Property Maintenance, and Chapter 650, § 650-101, Certificates of Occupancy, of the Code of the Borough of Roselle is adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings.
The Borough Administrator and Code Enforcement Officer(s) in
the Borough of Roselle is hereby designated as the Public Officer(s)
for the purpose of carrying out the responsibilities established by
this article, and shall have all the responsibilities and powers provided
by law.
The administrative and enforcing authority for the provisions
of this section shall be the Borough of Roselle Public Officer, additionally
enforcement authority shall also be vested in the Code Enforcement
Department and its respective inspectors, including, but not limited
to the Construction Department, Health Department, as well as the
Police Department, Fire Department and the Department of Public Works
Department which shall also have enforcement authority with respect
to this article. The Mayor, with the advice and consent of Council, may also designate, when necessary,
additional Borough Officials with enforcement authority with respect
to this article.
A.
The Public Officer and/or designees shall make exterior and interior inspections as needed and/or by petitioned Inspections and or by search warrant [Borough Code Chapter 595, Property Maintenance, § 595-53I(4)], to determine the condition of dwellings, dwelling units, rooming units and premises or to obtain certificates of use. Upon presentation of proper identification, the Public Officer and/or designees are authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at reasonable hours as the circumstances of the case permit; provided, however, that such entries are made in such manner so as to cause the least possible inconvenience to the persons in possession. This article shall not be construed to prohibit the entry of the Public Officer or his agents at any time when an actual emergency exists which tends to create a danger to public health or safety or at any time when an inspection is requested by an owner or occupant.
B.
All rental units shall be inspected by persons or agencies duly authorized
by the Borough for inspections for purposes of determining Zoning
Ordinance compliance and to determine if the rental property, unit
or complex complies with all laws, including, but not limited to,
the Property Maintenance Code, International Building Code, Uniform
Construction Code, Health Code, Housing Code, and Fire Code. By application
for a license under this section, the landlord or the individual having
authority or control of the dwelling unit agrees to permit such inspections
by the Borough of Roselle.
C.
In the event that the inspection(s) of a rental unit does not result
in a satisfactory inspection, the owner or agent shall cause all necessary
repairs or corrections to be made within the time prescribed by the
applicable official or code, and if not made within the 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 herein.
D.
All rental units subject to this article shall be subject to inspections
to determine their condition in order to safeguard the health, safety
and welfare of the occupants of such rental units and of the general
public and to determine compliance with this article. The owner, operator,
agent and occupant shall make the units and lease agreements available
as needed for such inspections and are required to provide the necessary
arrangements to facilitate such inspections. Inspections shall be
made with the consent of the occupant, who is of legal age to grant
such consent, or, absent consent, with an administrative search warrant,
there is reason to believe that a violation exists which poses an
immediate threat to health or safety, requiring inspection and abatement
without delay. Reasonable attempts shall be made to obtain consent
of the occupant.
A.
An inspection will be required when petitioned by a tenant, occupant,
landlord or a representative of a rental dwelling unit, provided that
the petitioner:
(1)
Is the tenant or occupant of the premises in the petition;
(2)
Files the petition with the Code Enforcement Department and with
the property owner, specifying a violation under this article; and
(3)
Agrees to provide access to the premises under his control for the
purposes of inspection and for abatement of any violations found to
exist.
B.
In the event that a petition is so made, the property owner shall,
within a reasonable time determined by the Public Officer or designee,
correct the violation and notify the Code Enforcement Department of
his action. If a petitioner still requests an inspection and the violation
still exists, the proper owner shall pay the petitioned inspection
fee. If the violation has been corrected, the petitioner shall pay
the petitioned inspection fee. The inspection will be made within
10 working days of notification to the Public Officer of violation
abatement.
C.
In the event the inspection reveals violations of such a nature so
as to render occupancy unsafe, the owner shall be responsible for
the reasonable moving cost and temporary dwelling cost of the tenant
until the premises are made safe for occupancy.
D.
In the event of a refusal of entry in inspection, the public official
may, upon affidavit, apply to the Judge of the Municipal Court for
a search warrant, setting forth the reasonable basis for believing
that a nuisance or violation exists which constitutes a violation
of this article.
The Public Officer or his agents may, upon affidavit, apply
to the Judge of the Municipal Court of the Borough for a search warrant
setting forth factually the actual conditions and circumstances that
provide a lawful basis for believing that a nuisance or violation
of this article exists on the premises, and, if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, shall authorize
the issuance of a search warrant permitting access to and inspection
of the premises on which the nuisance or violation may exist.
Whenever the Public Officer determines that there are lawful
grounds to believe that there has been a violation of any provision
of this article or of any rule or regulation adopted pursuant thereto,
the Public Officer shall give notice of the alleged violation to the
person or persons responsible therefor as provided. The notice shall:
A.
Be put in writing;
B.
Include a statement of the reasons why it is being issued;
C.
Allow a reasonable time for the performance of any act it requires;
and
D.
Be served upon the owner or his agent, or the occupant, as the case
may require; provided that notice shall be deemed to be properly served
upon the owner, agent or occupant; if a copy thereof is served upon
the owner, agent or occupant personally; or if a copy thereof is sent
by certified mail to the owner, agent or occupant last known address;
or if a copy is posted in a conspicuous place in or about the dwelling
affected by the notice; or if the owner, agent, or occupant is served
with the notice by any other method authorized or required under the
laws of this state;
E.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this article and with rules and
regulations adopted pursuant thereto.
The Public Officer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this section, including the following,
in addition to others granted:
A.
To investigate the dwelling conditions in the Borough in order to
determine which dwellings are unfit for human habitation;
B.
To examine witnesses and receive evidence;
C.
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in a manner as to cause the least
possible inconvenience to the persons in possession;
D.
To appoint and fix the duties of any officers, agents and employees
as he deems necessary to carry out the purpose of this article;
E.
To delegate any of his functions and powers under this article to
such officers and agents as may be designated.
No person shall occupy as owner or occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
Any person who shall violate any of the provisions of this article
shall, upon conviction, be punished by a fine of no less than a minimum
fine of $100, nor more than a maximum fine of $2,000; or by a period
of community service not exceeding 90 days or be subject to imprisonment
in the county jail for a period of 90 days. The court may impose all,
some or any combination of these sanctions. The court may impose all,
some or any combination of these sanctions.
