Township of Tabernacle, NJ
Burlington County
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Table of Contents
Table of Contents
[Ord. #2014-4 § 1]
ANNUAL FEE
Shall mean the fee for the registration year.
NUISANCE
Shall mean three or more convictions for violating the Township's Property Maintenance Code.
OCCUPANTS OR TENANTS
Shall mean those persons who have leased the rental unit from the owner regardless of the type of tenancy under which they occupy the unit and any person residing in the rental property.
OPERATOR
Shall mean any person(s), estate, trust, corporation or business entity that is an owner and offers a rental unit to the public for rent or the owner's agent, if any.
OWNER
Shall mean any person who owns any legally cognizable interest in any rental property including but not limited to outright ownership, ownership through a trust, estate, partnership, corporation or limited liability company.
OWNER-OCCUPIED
Shall mean the owner uses the dwelling as their primary residential living unit.
RENTAL PROPERTY
Shall mean any structure or building which contains one or more individual residential rental units other than owner-occupied rental units.
RENTAL UNIT
Shall mean and include that portion of a dwelling, building or structure rented or offered for rent, for living and dwelling purposes to individuals or family units.
RESIDE
Shall mean to live or dwell permanently or continuously for five or more days; to occupy a place as one's domicile.
[Ord. #2014-4 § 2]
Prior to offering a rental unit to the public for rent, the owner of the rental unit shall file an annual Rental Property Registration Statement with the Township Clerk. Once received along with the required registration fee by the Township Clerk, the statement shall constitute a valid license to operate the described rental unit for the prescribed term. The Township Clerk shall provide a copy of all valid licenses to the Township Construction and Zoning Officials, the Fire Chief, the Rescue Squad Chief and to the local School Boards.
The filing of such a Registration Statement shall be in lieu of filing any business registration otherwise required for the rental unit by the owner of the rental unit pursuant to Tabernacle Township Revised Ordinances at Section 4-5. All dwelling units/trailers which are properly registered in any mobile home park and all temporary farm labor housing units are exempt from any requirement to file a Rental Property Registration Statement as such is required hereunder.[1]
[1]
Editor's Note: The Rental Unit Registration Statement may be found in the Township offices.
[Ord. #2014-4 § 2]
The Rental Property Registration Statement shall be filed on or before January 15th of each calendar year and will expire on January 14th of each year.
[Ord. #2014-4 § 2]
The Rental Property Registration Statement shall include:
a. 
The name of the operator and contact information (including telephone number) for the operator, including the name and address of a person who resides in New Jersey and who is authorized to accept notices from a tenant and/or a municipality (including service of legal process) on behalf of the record owner.
b. 
The name and address of the operator's managing agent, if any, and if applicable, the name, address and telephone number of the superintendent, janitor, custodian or other person employed to provide regular maintenance services, and the name, address and telephone number of an individual representative of the record owner 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.
c. 
The name and gender of each adult named in the written or verbal lease for the rental unit and each adult known by the operator to be residing in the rental unit.
d. 
Upon initial registration of each rental unit, the operator shall provide a floor plan of the unit, which shall depict the number, dimensions and location of each room in the unit. No space shall be used for sleeping purposes which has not been so designated as a sleeping area on the sketch provided by the owner and approved by the Construction Official or Zoning Officer which shall be on file with the Construction Official or Zoning Officer. If there has been no change in the floor plan since the prior submission of a Registration Statement, the operator may provide a certification to the Township to that effect. If such a certification is provided, the operator shall not be required to provide an additional floor plan in subsequent years.
[Ord. #2014-4 § 2]
In the event a tenancy changes during the year, the operator shall, within 30 days of the change in tenancy, provide an updated Rental Property Registration Statement for every rental unit in which a change in tenancy has occurred. This shall be in addition to the requirements for obtaining a Certification of Occupancy for the change of the tenancy. There shall be no additional charge for submitting this Registration Statement update.
[Ord. #2014-4 § 2]
On an annual basis, each operator will be required to pay a single Registration Statement Fee for each and every rental property. (The "Registration Statement Fee"). The initial Registration Statement Fee shall be $50 and then as detailed in the Township's Fee Ordinance as modified from time to time. Rental properties with more than one rental unit will be charged an additional $50 for every additional rental unit existing in the rental property.
[Ord. #2014-4 § 3]
All rental properties may be inspected by persons or agencies duly authorized by the Township for inspections for purposes of determining Zoning Ordinance compliance and to determine if the rental property or rental unit complies with applicable ordinances, statutes and regulations, including but not limited to, the Property Maintenance Code, Health Code, Housing Code and Fire Code. Nothing contained in this section shall limit the Operator's obligation to make payment of the Registration Statement Fee and to file Registration Statement(s) in compliance with Section 21-2.
[Ord. #2014-4 § 3]
The Township shall provide notice to affected operators at the address given on the Registration Statement, of the scheduling of inspections. In that notice, the Township shall identify each property to be inspected and the date and time that the property will be subject to inspection. Absent good cause shown by the licensed registered operator, the inspection of the identified rental property shall take place on the noticed date and time. Notice of the inspection schedule shall be made by mailing the operator's authorized agent such notice. It shall be the obligation of the operator to notify the tenant of the scheduled inspection.
[Ord. #2014-4 § 3]
Upon proper notice, the operator and tenant(s) shall make the rental property available for such inspections. The operator and tenant(s) have a duty to cooperate in facilitating these inspections. It is understood that it may be necessary to reschedule inspection appointments based on scheduling conflicts with the operators and/or the tenants. Inspection appointments may be changed upon two weeks' notice. In the event a mutually convenient time and date cannot be agreed upon between the tenant, operator and inspector, the inspector shall have the authority to schedule the appointment to meet the inspector's schedule and the operator shall cooperate and allow the inspection.
[Ord. #2014-4 § 3]
Inspections shall be made in accordance with the consent of the occupant(s) who is/are of legal age to grant such consent, or, absent tenant consent, with the operator's consent or with a court order, unless there is reason to believe that a violation exists which poses an immediate threat to health or safety, requiring inspection and abatement without delay. Failure to grant consent on the part of the operator after proper notice shall constitute a violation of this Chapter.
[Ord. #2014-4 § 3]
In the event that the inspection(s) of a rental property does not result in a satisfactory result, the operator shall cause all necessary repairs or corrections to be made as per the Township notice of violation or provide proof that the operator has commenced legal or administrative proceedings to cure the violation. Prior to the issuance of a summons, the operator shall have, consistent with State statute, 30 days to cure non-health and safety related violations and 10 days to cure health and safety related violations, other than overcrowding, for which a summons may issue immediately. An operator's failure to make repairs or corrections within the required time period may be deemed a violation of this ordinance and every day that the violation continues shall constitute a separate and distinct violation subject to the penalty provisions herein.
[Ord. #2014-4 § 3]
The refusal of entry for a properly noticed inspection shall be a violation of the within section for which a summons may issue.
[Ord. #2014-4 § 4]
No person shall occupy or reside in any rental unit, nor shall the operator permit occupancy of any rental unit unless the rental property is properly registered and the Rental Unit is identified on a properly filed Rental Property Registration Statement.
[Ord. #2014-4 § 4]
The Township shall maintain and the operator shall post the maximum number of occupants for a rental unit in a conspicuous area within the rental unit. In every written lease for each rental unit, the operator shall include a statement setting forth the maximum number of residents permitted in the unit and the location of designated and permitted sleeping areas.
[Ord. #2014-4 § 4]
It shall be a violation of this section for any person to (a) fail to file the Rental Property Registration Statement; (b) fail to post and provide the appropriate Notice(s) of Occupancy; (c) fail to cooperate with the municipality in scheduling a requested inspection; and (d) permit a rental property or rental unit to be occupied in a manner which constitutes a nuisance.
[Ord. #2014-4 § 5]
The provisions of the Chapter shall not apply to Public Housing Authorities, Not For Profit Housing Corporations, and rental property restricted to senior housing or housing for the developmentally disabled.
[Ord. #2014-4 § 6]
Failure to comply with any of the provisions of this Chapter may result in the imposition of a fine in the amount of not more than $1,250.00. In addition to the fine set forth above, the Court may impose imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or both. It shall be deemed a separate and distinct violation, subject to the penalty provisions of this Chapter, for each and every day that such violation continues and for each and every rental property and/or rental unit for which the violation continues.