[1983 Code § 148-1 ;amended 5-24-2023 by Ord. No. 23-18]
A.
It shall
be unlawful for any owner or persons having possession and control
of premises, or their agents, to use, establish, maintain, operate,
or let any premises subject to the provisions of this section, entirely,
or partially for residence occupancy, where any rent is paid, charge
is made, or any benefit obtained for such use and occupancy, without
first having registered the premises with the Construction Code Official
or his designee(s) and obtaining a permit for the residential rental
use thereof. Nursing homes specifically shall be excluded from the
permitting requirements of this section. Failure or refusal to register
the premise or to procure a permit hereunder shall be deemed a violation
of this section.
B.
All owners of rental unit(s) located within the Borough shall maintain
liability insurance for negligent acts and omissions in the amount
of $500,000 for combined property damage and bodily injury to or death
of one or more persons in any one accident or occurrence, pursuant
to N.J.S.A. 40A:10A-1(a).
All owners of a multifamily home(s) of four or less units, one
of which is owner occupied, that are located within the Borough, shall
maintain liability insurance for negligent acts and omissions in the
amount of $300,000 for combined property damage and bodily injury
to or death of one or more persons in any one accident or occurrence,
pursuant to N.J.S.A. 40A:10A-1(b).
C.
All owners of rental unit(s) and owners of a multi-family home of
four or fewer units, one of which is owner occupied, that are located
within the Borough, shall annually register a certificate of insurance
with the Borough Clerk demonstrating compliance with N.J.S.A. 40A:10A-1,
pursuant to N.J.S.A. 40A:10A-2(a).
D.
Each annual registration of a certificate of insurance for each rental
unit(s) and/or multi-family home of four or fewer units, one of which
is owner occupied shall be $25. Noncompliance with the registration
of the certificate of insurance shall result in a fine against the
owner of $500.
Noncompliance with the registration of the certificate of insurance
shall result in a fine against the owner of $500.
[1983 Code § 148-2]
Registration and application for such permit shall be made in
writing to the Construction Code Official or his designee(s) on forms
provided for such purpose and shall contain the name of the applicant/owner,
the location of the premises and the number of dwelling units to be
accommodated.
[1983 Code § 148-3]
Each application shall be accompanied by a plot plan and sketch
showing the size and location of the premises, all buildings and structures
and showing the floor plan to scale of each room in each dwelling
unit. Each bedroom, living room, dining room, living/dining room,
kitchen, and bathroom shall be identified on the floor plan. Each
application shall be executed and sworn to by the owner of the premises
or such person authorized by him to operate the premises. The submission
of an application, or renewal thereof, for a rental permit is an authorization
to the Borough of Pompton Lakes, its agents or employees to inspect
the subject premises to ensure the safety of the unit, compliance
with the Borough Code requirements, and to promote the health and
safety of the unit's occupant(s). It shall be unlawful and a violation
of this section for an owner, permittee, lessor or registered tenant
of any registered dwelling unit to allow a number of people greater
than the maximum number of people permitted to occupy the dwelling
unit.
[1983 Code § 148-4]
A.
A dwelling unit shall contain not less than 150 square feet of floor
space for the first occupant thereof and not less than 100 additional
square feet of floor space for every additional occupant thereof;
the floor space is to be calculated on the basis of total habitable
room area.
B.
Areas for sleeping purposes. Every room occupied for sleeping purposes
by one occupant shall contain at least 70 square feet of floor area,
and every room occupied for sleeping purposes by more than one person
shall contain at least 50 square feet of floor area for each occupant
thereof. In no case shall more than two people occupy any bedroom
for sleeping purposes. For purposes of this subsection, children under
the age of one year old shall not be counted as occupants.
C.
Water closet accessibility. Every bedroom shall have access to at
least one water closet and one lavatory without passing through another
bedroom. Every bedroom in a dwelling unit shall have access to at
least one water closet and lavatory located on the same story as the
bedroom or an adjacent story.
D.
Overcrowding. Dwelling units shall not be occupied by more occupants
than permitted by the following minimum occupancy area requirements:
1.
For one to two occupants, there are no minimum square foot requirements
for living room, dining room, or kitchen.
2.
For three to five occupants, a living room shall be a minimum of
120 square feet, a dining room shall be a minimum of 80 square feet,
and a kitchen shall be a minimum of 50 square feet.
3.
For six or more occupants, a living room shall be a minimum of 150
square feet, a dining room shall be a minimum of 100 square feet,
and a kitchen shall be a minimum of 60 square feet.
E.
Combined spaces. Combined living room and dining room spaces shall
comply with the requirements of paragraph D above if the total area
is equal to that required for separate rooms and if the space is located
so as to function as a combination living room/dining room.
F.
Prohibited use. Kitchens, bathrooms, hallways, closets, uninhabitable
spaces and interior public areas shall not be used for sleeping purposes.
G.
Lighting and ventilation. Every habitable room shall have at least
one window or skylight facing directly to the outdoors. Each window
or skylight must be easily operable so as to ventilate the room.
H.
Garbage storage. Every dwelling unit shall be provided with a watertight
container, provided with a tight-fitting cover, of metal or other
approved material, the type and location of which is approved by the
Construction Code Official and/or his designee(s).
[1983 Code § 148-5]
Before any permit is issued, the Construction Code Official
or his designee(s) authorized pursuant to this section, shall have
an opportunity to inspect the premises and shall determine that the
same comply with the provisions of this section and any other applicable
Borough Code requirements, including property maintenance requirements.
The Construction Code Official or his designee(s) shall be responsible
for and authorized to issue and serve citations and summonses for
violations of this section, and to take any other enforcement measures
within the jurisdiction of the Municipal Court. They shall be deemed
to be law enforcement officers of the Borough for the purposes of
enforcing this section and related ordinances of the Borough. All
such persons shall be required to take an oath to faithfully and impartially
perform the duties of their offices. For the purpose of making inspections,
the Construction Code Official and his designee(s) shall be authorized
to examine and survey between the hours of 9:00 a.m. and 8:00 p.m.
all dwellings, dwelling units, rooming units and premises.
[1983 Code § 148-6]
Whenever the Construction Code Official and/or his designee(s)
find that an emergency exists which requires immediate action to protect
the public health, safety, or welfare, they may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as may be deemed necessary
to meet the emergency.
[1983 Code § 148-7]
The permit shall be used for a calendar year, with all permits expiring on December 31 of a given calendar year, regardless of when issued during that calendar year. The owner shall have until January 31 of each year to file for a permit required pursuant to subsection 20-1.1.
[1983 Code § 148-8]
A.
Every owner or the owner's agent, having possession or control of
any premises subject to this section for which rent is paid or a charge
is made for such use and occupancy shall register the premises and
apply for a permit, which the Construction Code Official or his designee(s)
may issue as provided in this section.
B.
It shall be the duty of the owner or agent to keep the property free
of hazards and unsanitary conditions. The exterior of the premises
and all structures thereon shall be kept free of all nuisances and
any hazards to the safety of occupants, pedestrians, and other persons
using the premises and shall be kept free of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or agent.
C.
It shall be the duty of the owner or agent to keep the premises free
from hazards, which include but are not limited to the following:
1.
Rubbish: brush, weeds, broken glass, stumps, roots, obnoxious growth,
filth, garbage, trash, refuse, and debris.
2.
Natural growth: dead and dying trees and limbs or other natural growth,
which by reason of rotting deteriorating condition or storm damage
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such condition.
3.
Overhanging: loose and overhanging objects and accumulations of ice
and snow which by reason of location above ground constitute a danger
of falling on persons in the vicinity.
4.
Ground service hazards and unsanitary conditions: holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow,
excretions of pets and other animals on paths, walks, driveways, and
other parts of the premises which are accessible to and are used by
persons on the premises. All such holes and excavations shall be filled
and repaired, walks and steps replaced and other conditions removed
where necessary to eliminate hazards or unsanitary conditions with
reasonable dispatch upon their discovery.
5.
Recurring accumulations of stormwater: Adequate runoff drains shall
be provided and maintained to eliminate any such recurrence or excessive
accumulation of stormwater. Such stormwaters shall not be drained
to driving, walking, or parking areas.
6.
Inoperable motor vehicles: No inoperable or currently unregistered
or uninspected vehicle shall be parked, stored, or left on any property
except inside a garage or enclosed building.
7.
Parking of motor vehicles: The parking of any motor vehicle by an
owner, occupant or operator on the lawn is strictly prohibited. All
vehicles must park on an improved surface, either paved by asphalt
or similar-type material as approved by the Borough.
8.
Maintenance of sidewalks and curbs: It shall be the duty and responsibility
of the owner or agent of the property on which and along which sidewalks
and curbs are located to keep such sidewalks and curbs in proper condition
of maintenance and good repair, including but not limited to a condition
whereby the sidewalks and curbs are free of obstructions, debris,
cracks, and crevices or other unsafe conditions.
[1983 Code § 148-9]
A.
No owner or agent shall occupy or rent to any other person(s) for
occupancy or allow any person to occupy any vacant dwelling unit unless
it is reasonably clean, sanitary, and complies with all of the provisions
of this section and all rules and regulations adopted pursuant thereto.
B.
No owner or agent shall occupy or rent to any other person(s) for
occupancy or allow any person(s) to occupy any dwelling unit(s) unless
he has informed such person(s), in writing, of the maximum number
of occupants that may live in the dwelling unit(s).
C.
No owner or agent shall occupy or rent to any person(s) for occupancy
or allow any person(s) to occupy a vacant building which, by virtue
of a cited violation, has been determined to require a certification
of facilities, utilities, or structural integrity that may affect
the health, safety, and welfare of those persons near the premises.
[1983 Code § 148-10; amended 5-24-2023 by Ord. No. 23-18]
A.
Each
registration and application for permit shall be accompanied by a
fee as required by the following table:
|
Type of Dwelling
|
Fee
|
|---|---|
|
Residential detached single-family dwelling
|
$50 per dwelling
|
|
Residential two-family or multifamily dwelling
|
$50 for the first dwelling unit, plus $25 per additional dwelling
unit
|
|
Rooming or boardinghouse
|
$50 for the first dwelling unit, plus $25 per additional rooming/boarding
unit
|
|
Residential apartments
|
$50 for the first dwelling unit, plus $25 per additional apartment
unit
|
B.
Each
annual registration of a certificate of insurance for each business,
rental unit(s) or multi-family rental units of four or fewer units,
one of which is owner occupied, shall be accompanied by a fee as required
by the following table:
|
Type of Dwelling
|
Fee
|
|---|---|
|
Business Owner
|
$25 per business
|
|
Rental unit(s)
|
$25 per rental unit address
|
|
Multi-family home with four or fewer units, one of which is
owner occupied
|
$25 per multi-family home
|
[1983 Code § 148-11; New]
Any person, firm or corporation violating any of the provisions
of this section shall be subject to one or more of the following:
a fine not exceeding $2,000, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days. Any
person, firm or corporation who or which shall be a repeat offender
of this section shall be subject to a fine not exceeding $5,000 for
each subsequent offense, and a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days.
