[Ord. No. 6-98 § 1; Ord. No. 14-99 § 1]
As used in this chapter:
- Shall mean 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 section. 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.
- APARTMENT COMPLEX
- Shall mean two or more buildings, each containing two or more apartments, which are located within close proximity of each other and are owned by the same owner.
- APARTMENT OR DWELLING
- Shall mean any apartment, cottage, bungalow, and 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 whether the apartment be designed for residence, for office, or the operation of any industry or business or for any other type of independent use.
- Shall mean the license issued by the Borough Clerk or designee attesting that the rental unit has been properly registered in accordance with this section.
- Shall mean the person to whom the license is issued pursuant to this section. The term "licensee" includes within it the definition of the term "agent" where applicable.
- Shall mean any person or group of persons, firm, corporation, or officer thereof, partnership, association, or trust, who owns, operates, exercises control over or is in charge of a rental facility.
- Shall mean an individual, firm, or corporation, partnership, association, trust, or other legal entity, or any combination thereof.
- RENTAL FACILITY
- Shall mean every building, group of buildings or a portion thereof which is kept, used, maintained, advertised or held out to be a place where accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals and is meant to include businesses, apartments and apartment complexes.
- RENTAL UNIT
- Shall mean a dwelling unit or business which is available for lease or rental purposes and is meant to include individual apartments located within apartment complexes.
- SLEEPING ROOM
- Shall mean a room utilized for sleeping purposes which:
- a. Contains at least the minimum number of square feet required under Section PM-405.3 of the BOCA National Property Maintenance Code, Fifth Edition, 1996, as amended and supplemented; and
- b. Satisfies all other requirements mandated by the BOCA National Property Maintenance Code, Fifth Edition, 1996 as amended and supplemented; and
- c. Contains at least one egress window for emergency escape purposes; and
- d. Is accessible through a door that contains a workable lock.
[Ord. No. 6-98 § 2]
All rental units shall hereafter be registered with the Borough Clerk or designee of the Borough or such other person as 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.
[Ord. No. 6-98 § 3; Ord. No. 3-99 § 1; Ord. No. 11-99 § 1; Ord. No. 14-99; Ord. No. 26-00 § 1]
Each rental unit shall be registered annually by filing the required form(s) and fee(s) as specified herein with the Borough Clerk or designee on or before January 31 of each year. A separate registration form and fee shall be required for each individual rental unit, even where more than one rental unit is located at a particular property. Upon the filing of the required form(s) and fee(s), the rental unit shall be entitled to the issuance of a license for that calendar year. The license term shall be construed to commence on January 1 and shall be valid until December 31 of the current calendar year at which time it shall expire and a new registration shall be required for the ensuing year. The initial registration shall occur on or before August 1, 1999. Any lease which has been executed prior to the adoption of this section shall not be effected, but the rental unit must nevertheless be registered and licensed in accordance with this chapter. No rental unit shall hereafter be rented unless the rental unit is registered and licensed in accordance with this chapter.
[Ord. No. 6-98 § 4; Ord. No. 14-99 § 2; Ord. No. 26-00 § 1]
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 or such other person as designated by the Borough Council a registration form for each unit contained within a building or structure which shall include the following information:
The name and address of the record owner or owners of the premises and the record owner or owners of the rental property 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 name and address of the registered agent and corporate officers of said corporation together with the telephone numbers for each such individual indicating where such individual may be reached both during the day and evening hours.
If the address of any record owner is not located in Jamesburg or in Middlesex County, the name and address of a person who resides in Middlesex 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.
The name and address of the agent of the premises, if any.
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.
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 future 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.
The name and address of every holder of a recorded mortgage on the premises.
If fuel 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.
As to each rental unit, a specification of the square footage of the entire unit, the number of sleeping rooms contained in the rental unit, the square footage of each sleeping room and the square footage of all other rooms requested on the registration form. In addition to completing the registration form, the owner or agent of the owner shall submit a floor plan of the rental unit, which shall become part of the application and which shall be attached to the registration form when filed.
The name(s) of the tenant(s) occupying each rental unit. Note that identification of the name(s) of the tenant(s) is not mandatory for the issuance of a license pursuant to this chapter; however, in those instances where the owner fails or refuses to provide the name(s) of the tenant(s) on the registration form, the owner may be deemed to be in possession of the rental unit for purposes of all enforcement and penalty provisions contained in this chapter.
The date that the tenant(s) shall commence occupancy of the rental unit and the term of the tenancy.
Such other information as may be prescribed by the Borough.
[Ord. No. 6-98 § 5]
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 section.
[Ord. No. 6-98 § 6; Ord. No. 26-00 § 1]
Every person required to file a registration form pursuant to this chapter 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.
[Ord. No. 6-98 § 7; Ord. No. 3-99 § 2; Ord. No. 11-99 § 2; Ord. No. 14-99 § 7; Ord. No. 21-00 § 1; Ord. No. 26-00 § 1]
Each rental unit shall be inspected at least once every twelve-month period, except that a separate annual inspection shall not be required by the Borough in any year that the State Department of Community Affairs performs such an inspection. Annual inspections pursuant to this subsection shall be commenced on or after August 1, 1999. Additional inspection(s) may be performed when deemed necessary by the Borough, including but not limited to those instances where a complaint has been received alleging that a specific rental unit is being operated in violation of this chapter or in violation of other applicable codes.
Such inspection(s) shall be performed by such person, persons, or agency duly authorized and appointed by the Borough of Jamesburg and inspections made by persons or any agency other than the duly authorized and appointed person, persons, or agency of the Borough shall not be used as a valid substitute.
Such inspection(s) shall be for the purpose of determining compliance with the provisions of this chapter as well as with all applicable codes.
Timing of Inspection(s). All annual inspection(s) that are required by this section shall be completed in accordance with a schedule to be determined by the Borough.
In the event that the inspection(s) of a rental unit are deemed unsatisfactory, then the licensee shall be provided with a specific time period within which to perform repair work in order to cure the defect(s). If the necessary repairs have not been performed to the satisfaction of the Borough within the allotted time period, then the license for the rental unit may be suspended or revoked in accordance with the procedures contained in subsection 11-1.16 of this chapter.
The requirements contained in this section shall not apply to two-family dwellings where the owner of record resides within one of the two dwelling units.
[Ord. No. 6-98 § 8]
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 section to safeguard the health, safety, 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.
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 section or any lawful order issued pursuant thereto.
Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this section, an inspecting officer shall conduct an inspection as hereinbefore provided.
[Ord. No. 6-98 § 9; Ord. No. 26-00 § 1]
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough which is not registered and licensed in accordance with this chapter.
Editor's Note: Former subsection 11-1.10, License, previously codified herein and containing portions of Ordinance No. 6-98 was repealed in its entirety by Ordinance No. 26-00.
[Ord. No. 6-98 § 11; Ord. No. 4-99 § 1; Ord. No. 14-99 § 11; Ord. No. 26-00 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
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. All fees as set forth in the Borough Fee Schedule Ordinance on file in the office of the Borough Clerk.
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 an annual registration fee per year for each rental unit, which shall include the cost for all inspections which are required or deemed necessary during the course of that calendar year. For rooming/boarding houses, there shall be an annual fee for the overall rental facility plus an annual fee for each individual room located therein where accommodations are offered.
These annual fees are due and payable prior to January 31 of each year.
A fee shall be required for the smoke detector certification inspection, which is mandated by the State Uniform Fire Code at the time of each change of occupancy of the rental unit. This fee shall be paid at the time of the inspection.
The fee for a certificate of approval.
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.
If any fee is not paid within 30 days of its due date, a late fee surcharge per day shall be assessed.
[Ord. No. 6-98 § 12; Ord. No. 02-00, § 1; Ord. No. 12-00 § 1; Ord. No. 26-00 § 1; Ord. No. 01-01 § 1]
Every owner or agent of the owner shall provide the occupant(s) or tenant(s) occupying a rental unit with a copy of the license required by this chapter. 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 license in a conspicuous place within the rental unit(s).
[Ord. No. 6-98 § 13; Ord. No. 14-99 § 13; Ord. No. 26-00 § 1]
There shall be a maximum number of occupants permitted in each rental unit as follows:
The total occupancy of the rental unit shall be limited based upon the size of the sleeping rooms as provided by Section PM-405.3 of the BOCA National Property Maintenance Code, Fifth Edition, 1996, as amended and supplemented and further subject to the following additional requirements:
The maximum number of occupants shall be conspicuously posted in each rental unit on a form to be provided by the Borough.
It shall be unlawful for any person, including the owner, licensee, landlord, agent, tenant, or any other person residing in the premises or responsible for the situation, as the circumstances dictate, 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 subsections 11-1.16 and 11-1.17 herein.
[Ord. No. 6-98 § 15; Ord. No. 14-99 § 14; Ord. No. 26-00 § 1]
All dwelling units shall be maintained in accordance with the Uniform Construction Code, the BOCA National Property Maintenance Code, Fifth Edition, 1996, as amended and supplemented and all other applicable codes.
[Ord. No. 6-98 § 16; Ord. No. 14-99 § 15; Ord. No. 26-00 § 1]
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/or property owners or of the public in general, such that it shall constitute a nuisance as defined in the Ordinances of the Borough of Jamesburg or pursuant to other applicable law.
Compliance with Other Laws. The maintenance of all rental facilities and the conduct engaged in and 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 Jamesburg and with all applicable State and Federal laws.
Penalties. Any owner, licensee, landlord, tenant, or other person violating the provisions of this section shall, as appropriate, be subject to the penalty provisions of subsections 11-1.16 and 11-1.17 herein.
[Ord. No. 6-98 § 17; Ord. No. 26-00 § 1]
Grounds. In addition to any other penalty provision prescribed herein, an owner or licensee may be subject to the revocation or suspension of a license issued hereunder:
Conviction of a violation of this chapter in the Municipal Court or any other Court of competent jurisdiction.
Determination of a violation of this chapter at a hearing held pursuant to subsection 11-1.16b herein.
Continuously renting the unit or units to a tenant or tenants who are convicted of violation of the Noise Ordinance of the Borough.
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this chapter.
Maintaining the rental unit or units or the property in which the rental unit is a part of, in a dangerous condition likely to result in injury to person or property.
Procedure; Written Complaint; Notice; Hearing.
A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: Director of Public Safety, Chief of Police, Construction Code Official, Housing Inspector, Zoning Enforcement Officer or any other person(s) or office authorized to file such complaint. Such 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.
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.
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 who shall be appointed by the Borough Council. If the matter is referred to a Hearing Officer, such officer shall transmit findings of fact and conclusions of law to the Borough Council within 30 days of the conclusion of the hearing. The 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.
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.
The Borough Prosecutor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
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 institution of legal action against the tenant(s), occupant(s), or guests for recovery of the premises; eviction of the tenant(s) or otherwise.
[Ord. No. 6-98 § 18]
Any person who violates any provision of this section shall, upon conviction in the Municipal Court of the Borough of Jamesburg or such other court having jurisdiction, be liable to the penalty established in Chapter 1, Section 1-5. Each day that a violation exists or occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this section.
[Ord. No. 15-03 § 1]
Any tenant who receives a notice of eviction pursuant to § 3 of P.L. 1974, C. 49 (N.J.S.A. 2A:18-61.2) that results from zoning or code enforcement activity for an illegal occupancy, as set forth in paragraph (3) of subsection G. of § 2 of P.L. 1974 C. 49 (N.J.S.A. 2A:18-61.1) shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.
[Ord. No. 15-03 § 1]
The Borough may pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to subsection 11-2.1 from a Revolving Relocation Assistance Fund established pursuant to § 2 of P.L. 1987 C. 98 (N.J.S.A. 20:4-4.1A). All relocation assistance costs incurred by the Borough pursuant to this section shall be repaid by the owner-landlord of the structure to the Borough in the same manner as relocation costs are billed and collected under § 1 of P.L. 1983, C. 536 (N.J.S.A. 20:4-4.1) and § 1 of P.L. 1984 C. 30 (N.J.S.A. 20:4-4.2). These repayments shall be deposited into the Borough's Revolving Relocation Assistance Fund.
[Ord. No. 15-03 § 1]
In addition to requiring reimbursement from the owner-landlord of the structure for relocation assistance paid to a displaced person, the owner-landlord may be fined for Zoning or Housing Code violations for an illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, to be paid to the Borough by the owner-landlord of the structure.
[Ord. No. 15-03 § 1]
In addition to the fine provided for in subsection 11-2.3. The Borough, after affording the owner-landlord an opportunity for a hearing on the matter, may impose upon the owner-landlord for a second or subsequent violation for an illegal occupancy, a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school which fine shall be recovered in a civil action by a summary proceeding in the name of the Borough pursuant to "The Penalty Enforcement Law of 1999", P.L. 1999 C. 274 (N.J.S.A. 2A:58 et seq.)
The Municipal Court and Superior Court shall have jurisdiction of proceeding for the enforcement of the penalty provided in this subsection. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district.
For the purposes of this subsection a "second or subsequent violation for an illegal occupancy" shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner-landlord has initiated eviction proceedings in a court of proper jurisdiction.
[Ord. No. 15-03 § 1]
Any owner-landlord who has received notice that an additional fine for a subsequent Zoning or Housing Code violation is to be imposed pursuant to subsection 11-2.4 shall be entitled to a hearing before the Construction Code Official or the Zoning Officer, depending upon which is the applicable fining official, within 10 days after notice that an additional fine is intended to be imposed.
[Ord. No. 15-03 § 1]
There is hereby established a Revolving Relocation Assistance Fund to be funded in such amount as may be determined by the Borough.
[Ord. No. 15-03 § 1]
For the purposes of this section, the owner-landlord of a structure shall exclude mortgages in possession of a structure through foreclosure.