[Amended 2-27-2020 by Ord. No. 02:06-20; 11-22-2021 by Ord. No. 10:20-21]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this chapter, 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.
Any apartment, cottage, bungalow, any room or rooms in a
rooming house/boardinghouse 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
signed for residence, for office or the operation of any industry
or business or for any other type of independent use. Each dwelling
unit shall contain no more than one kitchen or cooking facility.
The rental certificate of occupancy issued by the Borough
attesting that the rental unit has been properly inspected in accordance
with this chapter.
The person to whom the certificate is issued pursuant to
this chapter. The term "certificate holder" includes within its definition
the term "agent," where applicable.
Related to or connected with trade and traffic or business
and commerce.
A building or structure, or any part thereof, used for the
manufacturing, processing or assembling of material or manufactured
products, or for research, office, industrial, commercial, retail,
service, recreational, hotel or motel facilities, or for warehousing
purposes, or for any combination thereof.
Any room or rooms, suite or apartment, including any room
or rooms in a rooming house/boardinghouse, whether furnished or unfurnished,
which is occupied or intended, arranged or designed to be occupied
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof or any of his servants, agents,
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities, and improvements connected with
use or occupancy thereof. Each dwelling unit shall contain no more
than one kitchen or cooking facility.
Any person or group of persons, firm, corporation or office
thereof, partnership association or trust who owns, operates, exercises
control over, or is in charge of a rental facility.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the Borough.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Occupied by any person or persons other than the owner, regardless
or whether there is a written or oral agreement and regardless of
whether the owner receives consideration for the occupancy.
Every building, group of buildings or a portion thereof consisting
of less than three dwelling units and that has sleeping facilities
for less than 25 occupants, 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.
A dwelling unit or commercial unit which is available by
lease, rental or otherwise, to persons other than the owner. Rental
unit shall not include that portion of a rental facility, dwelling,
commercial unit or dwelling unit that is owner-occupied.
Occupancy of the unit by one or more tenants.
Occupant in a unit other than the owner.
All rental units shall hereafter be inspected with the Borough
Code Official or designee of the Borough of Bellmawr, or such other
person as designated by the Borough, on forms which shall be provided
for that purpose, and which shall be obtained from the Borough Code
Official or designee. Such inspection shall occur on an annual basis,
as provided herein.
Each rental unit shall be inspected with each change in occupancy.
The certificate term shall commence on January 1, 2012, and shall
be valid for a calendar year, at which time it shall expire and a
new annual rental certificate of occupancy shall be required. The
initial inspection shall occur on January 1,2012. Any lease which
has been executed prior to the adoption of this article shall not
be affected, but the rental unit must nevertheless be inspected and
have a current rental certificate of occupancy in accordance with
this article. No rental unit shall hereafter be rented unless the
rental unit is inspected 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 have a current rental
certificate of occupancy, as provided herein. Every owner shall file
with the Borough Code Official of the Borough of Bellmawr, or such
person as designated by the Borough, a rental certificate of occupancy
form for each unit contained within a building or structure, which
shall include the following information:
A.
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 name and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals, where such individual may be
reached both during the day and evening hours.
B.
If the record owner is a corporation, the name and address of the
registered agent, together with a telephone number of the registered
agent, and the name and the address of the corporate officers of said
corporation.
C.
If the address of any record owner is not located in Bellmawr or
in Camden County, the name and address of a person who resides in
Camden 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.
D.
The name and address of the managing agent of the premises, if any.
E.
The name and address, including the dwelling unit number, apartment
or room number of the superintendent, janitor, custodian or other
individual employed by the owner or managing agent to provide regular
maintenance service, if any.
F.
The name, address, and telephone number of an individual representative
of the owner or agent of the owner, if domiciled in Camden County,
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
and shall, at all times, have access to a current list of building
tenants that shall be made available to emergency personnel as required
in the event of an emergency.
G.
The name and address of every holder of a recorded mortgage on the
premises.
H.
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.
I.
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
rental certificate of occupancy form when filed by the Borough Code
Official or designee.
J.
Such other information as may be prescribed by the Borough of Bellmawr.
The Borough Code Official or designee shall index and file the
rental certificate of occupancy forms. In doing so, the Borough Code
Official 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 certificate
of occupancy form will simultaneously satisfy the inspection requirements
of N.J.S.A 46:8-28 to the extent that it applies to the property being
inspected, and will also satisfy the rental certificate of occupancy
requirements of this article. The owner shall post the certificate
of inspection or certificate of occupancy.
Every person required to file a rental certificate of occupancy
form pursuant to this article shall file an amended rental certificate
of occupancy 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.
Each rental unit shall be inspected at least once every twelve-month
period. The landlord of all buildings containing more than 20 rental
units shall be responsible for conducting annual inspections to confirm
compliance with the legal occupancy and building, property maintenance
and fire code requirements of the Borough Code to safeguard the health,
safety and welfare of all tenants. The landlord shall submit to the
Borough a certification annually confirming that all rental units
located in the building comply with the occupant, building, property
maintenance and fire code requirements of the Borough Code on a form
prescribed by Borough officials. Nothing contained herein shall preclude
the Borough of Bellmawr from conducting inspections of any rental
unit located within any building containing more than 20 rental units
in accordance with the provisions of this chapter.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of Bellmawr, and inspections
made by persons or an agency other than the duly authorized and appointed
person, persons or agency of the Borough of Bellmawr shall not be
used as a valid substitute.
C.
Such inspection shall be for the purpose of determining zoning ordinance
compliance and to the extent applicable to determine if the property
complies with the Property Maintenance Code, Uniform Construction
Code, BOCA Maintenance Code, Housing Code and/or Building Code and/or
Uniform Fire Safety Act.
D.
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 have a valid rental certificate of occupancy; nor shall a rental certificate of occupancy be issued, 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 and has a valid rental certificate of occupancy. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 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 § 344-21 of this article. The owner, however, shall be permitted to apply for extension of time to make repairs or corrections so as to comply with this article, for good cause shown.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming houses/boardinghouses, 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 houses/boardinghouses
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 houses/boardinghouses
at all reasonable times. The owner or occupant of every rental facility,
rental unit and rooming house/boardinghouse shall give the inspecting
officer free access to the rental facility, rental unit and rooming
house/boardinghouse at all reasonable times for the purpose of such
inspections, examinations and surveys.
B.
Every occupant shall give the owner of the rental facility, rental
unit and rooming house/boardinghouse access to any part of such rental
facility, rental unit and rooming house/boardinghouse at all reasonable
times for the purpose of making such repairs or alterations, as are
necessary, to effect compliance with provisions of this article or
any lawful order issued pursuant thereto.
C.
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.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit, within the Borough
of Bellmawr which is not inspected in accordance with this article.
At the time of the filing of the form and, prior to the issuance
of a rental certificate of occupancy, the owner or agent of the owner
must pay a fee in accordance with the following:
A.
An annual application fee as follows:
(1)
For one or two non-owner-occupied units: $100 per unit.
(2)
For three to seven non-owner-occupied units: $75 per unit.
(3)
For eight to 60 non-owner-occupied units: $75 per unit.
(4)
For 60 to 200 non-owner-occupied units: $50 per unit.
(5)
For 200 plus non-owner-occupied units: $35 per unit.
(6)
Annual inspection fee: $25 per unit.
C.
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.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $50 will be assessed.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the rental certificate of occupancy 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 rental certificate of occupancy in a conspicuous place
within the rental unit(s).
A.
The maximum number of occupants shall be posted in each rental unit. The posting shall be in plain view by the main entrance to the 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 § 344-21 of this article.
B.
Only those occupants whose names are on file with the Borough of Bellmawr, as required in this article, may reside in the rental premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 344-21 of this article.
No rental unit may be inspected and no rental certificate of
occupancy 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.
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and the BOCA National Property Maintenance
Code along with the New Jersey State Housing Code.
A.
Occupants. Only those occupants whose names are on file with the
Borough Code Official, as provided in this article, may reside in
the inspected 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 the said premises.
B.
Nuisance prohibited. No rental facility shall be conducted in a matter
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 Bellmawr.
C.
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 Bellmawr, and with all
applicable state and federal laws.
D.
Borough Ordinance No. 08:16-13 shall remain, requiring a certificate
of occupancy upon change of occupancy.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to revocation or suspensions of the rental certificate
of occupancy issued hereunder upon the happening of one or more of
the following, after hearing before the Borough, as set forth below:
(1)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(3)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this article.
(4)
Maintaining the rental unit or units or the property in which the
rental unit is part in a dangerous condition likely to result in injury
to a person or property.
(9)
Continuous violations or conviction of a violation under the BOCA
Maintenance Code.
(10)
Continuous violations or conviction of a violation under the
New Jersey Building Code.
(11)
Continuously renting the unit or units to a tenant or tenants
who are convicted of local ordinance violations, disorderly persons
offenses or other crimes.
B.
Procedures; written complaint; notice; hearing; appeal.
(1)
Notice. Whenever the Director of Public Safety, Chief of Police,
Fire Chief, Construction Code Official, Housing Inspector, Zoning
Enforcement Officers or any other person or office authorized to file
a notice determines that there has been a violation of this chapter,
he or she shall serve a written notice of the violation on the owner
or agent, which written notice shall include a statement of the reason
or reasons why it is being issued and what action, if any, the owner
or agency must make to abate the violation. Said notice shall also
state that the violations(s) must be corrected within 10 days and
if not, that the certificate of occupancy for the subject property
may be revoked after a hearing before the Borough.
(2)
Written complaint. If a violation is not corrected within 10 days
of the service of the notice thereof, the individual issuing the written
notice shall file a written complaint with the Borough Code Official
or designee and with the owner or agent by certified and regular mail
or by a personal service at the address indicated on the rental certificate
of occupancy form. The complaint shall be specific and shall be sufficient
to apprise the owner and/or agency of the charges, so as to permit
the owner 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 Code Official or designee shall immediately inform the
Borough, and a date for a hearing shall be scheduled, which shall
not be sooner than 10 nor more than 30 days thereafter, unless the
owner and/or agent requests a waiver of the thirty-day requirement
and the Borough authorized said waiver. The Borough Code Official
or designee shall forward a copy of the complaint and a notice, as
to the date of the hearing, to the owner, or agent, if any, at the
address at which the written complaint was served.
(3)
Hearing. The hearing required by this section shall be held before
the Borough, unless, in its discretion, the Borough determines that
the matter should be heard by a Hearing Officer, who shall be appointed
by the Borough. If the matter is referred to a Hearing Officer, such
officer shall transmit his findings of fact and conclusions of law
to the Borough within 30 days of conclusion of the hearing. The Borough
shall then review the matter and 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, then the Borough 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 rental certificate of occupancy or determining that
the rental certificate of occupancy shall not be renewed or reissued
for one or more subsequent years.
(4)
All hearings will be recorded; a stenographic transcript can be made
of the hearing with the requestor responsible for the cost. 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)
The Borough Solicitor, his designee or appointed special counsel
shall appear and prosecute on behalf of the complainant in all hearings
conducted pursuant to this section.
(6)
Appeals. If a rental certificate of occupancy is revoked, suspended
or the Borough Commission determines that the rental certificate of
occupancy shall not be renewed or reissued for one or more subsequent
years, the owner and/or agent may appeal said decision to the New
Jersey Superior Court-Law Division in Camden County in accordance
with the New Jersey Court Rules.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental certificate
of occupancy by demonstrating that the owner has taken the 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.
Any person who violates any provision of this article shall,
upon conviction in the Municipal Court of the Borough of Bellmawr,
or such other court having jurisdiction, be liable to a fine not exceeding
$2,500, or imprisonment for a term not exceeding 30 days, or both.
Each day that a violation occurs shall be deemed a separate and distinct
violation, subject to the penalty provisions of this article.
