Borough of Roselle, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle as indicated in article histories.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of former Chapter 90, Rent Control, adopted 11-22-1972 by Ord. No. 1294, were extended by Ord. Nos. 1362, 1456 and 1612 until 11-28-1985.
[Adopted 2-22-1995 by Ord. No. 1957; amended in its entirety 2-17-1999 by Ord. No. 2083]
[1]
Editor's Note: The provisions of Art. I, Rent Control, were extended by Ord. No. 2250-06, adopted 10-18-2006, for a period not to exceed three years, at which time the article shall be reviewed and considered by the governing body.
As used in this article, the following terms shall have the meanings indicated:
AVAILABLE FOR RENT TO TENANTS
Fit for habitation, as defined by the Housing Inspection Code, and occupied or unoccupied and offered for rent.
DWELLING
Any building or structure rented or offered for rent to any one or more tenants or family units. Exempt from this chapter 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 chapter.
[Amended 10-18-2003 by Ord. No. 2198]
HOUSING SPACE
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.
LEASE
Includes periodic tenancies not covered by written agreement.
PRICE INDEX
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 chapter, 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 chapter, 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 chapter.
(3) 
To hold hearings and adjudicate applications from landlords for additional rental, as determined by § 90-12 of this chapter.
(4) 
To hold hearings and adjudicate applications from tenants for reduced rental, as determined by § 90-13 of this chapter.
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 chapter 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 chapter 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 chapter, charge any rents in excess of what he was receiving from the effective date of this chapter except for increases authorized in this chapter.
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 chapter.
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 chapter shall be reviewed and considered by the governing body and, if not extended, shall terminate three years from the date of its adoption.
[Adopted 2-19-2003 by Ord. No. 2176]
Unless the context clearly indicates a different meaning, the following words or phrases when used in this article shall have the following meaning:
AGENT
The individual or individuals designated by the owner as the person or persons 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 terms 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
A building or group of buildings containing three or more dwelling units or apartments which are located within close proximity of each other and are owned by the same owner.
APARTMENT or 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.
LICENSE
The license issued by the Rental-Dwelling Administrator of the Borough of Roselle or designee attesting that the rental unit has been properly registered in accordance with this article.
LICENSEE
The person to whom the license is issued pursuant to this article. The term "licensee" includes within its definition the term "agent" where applicable.
OWNER
Any person or persons, firm, corporation, or officer thereof, partnership, association or trust who owns, operates, exercises control over or is in charge of a rental facility.
PERSON
An individual, firm, corporation, partnership, association, trust or other entity, or any combination thereof.
RENTAL DWELLING REGISTRATION AND INSPECTION ADMINISTRATOR
Either Rental Dwelling Registration and Inspection Department or Rental Dwelling Registration and Inspection Official, as the context so dictates.
[Amended 10-18-2003 by Ord. No. 2197]
RENTAL FACILITY
Every building, group of buildings or a portion thereof which is 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 individual and is meant to include apartments and apartment complexes.
RENTAL UNIT
A dwelling unit which is available for lease or rental purposes and is meant to include a dwelling unit offered for lease or rental, including but not limited to one-family homes, two-family homes, three-family homes, etc., as well as individual apartments/condominiums/townhouses located within apartment, condominium or townhouse complexes.[1]
[1]
Editor's Note: The definition of "rental unit," was amended 3-16-2005 by Ord. No. 2224, which ordinance was subsequently repealed 9-21-2005 by Ord. No. 2242.
A. 
Registration. Each and every rental unit shall hereafter be registered with the Rental Dwelling Administrator - local enforcing agency on forms which shall be provided for that purpose and which shall be obtained from the office of the Rental Dwelling Registration and Inspection Official. The initial registration shall occur as follows:
[Amended 10-18-2003 by Ord. No. 2197]
(1) 
For properties with 1 through 25 rental units, on or before July 1, 2003.
(2) 
For properties with 26 or more rental units, on or before October 1, 2003.
B. 
Such registration shall be renewed and amended within 20 days of each change of ownership or occupancy of any rental unit. No rental shall hereafter be rented unless the rental unit is registered in accordance with this article. This registration does not constitute an approval for the use and occupancy of said unit. A certificate of occupancy is required for each unit.
Any lease which has been executed prior to the adoption of this article shall not be effected but the rental unit must nevertheless be registered and licensed in accordance with this article.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all required residential units as described herein shall be registered and licensed. Every owner shall file with the Rental-Dwelling Administrator of the Borough of Roselle, or designee or such other person as designated by the Mayor and Council, a registration form for each dwelling 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 record owner or owners of the rental business if not the same persons. In the case of partnership, the names and address 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 of such individuals indicating where such individual may be reached both during the day and evening hours
B. 
If the address of any record owner is not located in Roselle or in Union County, the name and address of a person who resides in Union 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.
C. 
The name and address of the agent of the premises, if any.
D. 
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.
E. 
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 herewith.
F. 
The name and address of every holder of a recorded mortgage on the premises.
G. 
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.
H. 
As to each rental unit, a specification of the exact number of sleeping rooms contained in the rental unit. In order to satisfy the requirements of this provision, an owner shall submit a sealed floor plan which shall become part of the application and which shall be attached to the registration form when filed by the Rental-Dwelling Administrator or designee.
I. 
Such other information as may be prescribed by the Borough.
J. 
All addresses must include the full accurate street address; Post Office box and like information does not satisfy this requirement.
K. 
The name, age and gender, including children, of every tenant of record as to each rental unit. The information contained in the registration form must set forth information for each rental unit within the rental property and must include all tenants in each rental unit. This information shall otherwise not be available to the public at large but may be shared with other agencies, including the Board of Education.
[Amended 10-18-2003 by Ord. No. 2197]
The Rental-Dwelling Administrator of the Borough of Roselle or designee shall file with the Borough Clerk a copy of the registration form, except for the information as to the names of the tenants of record and occupants, which information shall be kept in a confidential file in the office of the Rental Dwelling Registration and Inspection Official. The Borough Clerk 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 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this article.
Every person required to file a registration form pursuant to this article 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 except where the ownership of the premises is changed.
A. 
Each rental unit shall be inspected upon change of occupancy and a new license obtained, Inspections will be carried out within seven working days of notice by the landlord or his agent.
B. 
Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Roselle, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Roselle shall not be used as a valid substitute.
C. 
Such inspections 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, BOCA Maintenance Code, to the extent that some or all of it is hereafter adopted, Housing Code and 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 be licensed, 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 licensed. 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 § 90-35 of this article.
E. 
All rental facilities, rental units, rooming houses and boardinghouses subject to this article are subject to inspections to determine their condition in order to safeguard the health, safety and welfare of the occupants of such rental facilities, rental units, rooming houses and boardinghouses and of the general public. At the time of such inspections, all rooms in the rental facilities, rental units, rooming houses and boardinghouses shall be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made between 8:00 am, and 8:00 p.m. with the consent of the occupant, who is of legal age to grant such consent, or with an administrative warrant, unless there is reason to believe that a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay or where the time taken to apply for and secure issuance of a warrant would render ineffective the immediate action necessary to abate the condition. Inspection officers shall make reasonable attempts to obtain consent of the occupant prior to application for an administrative warrant.
F. 
Every occupant shall give the owner of the rental facility, rental unit, rooming house and boardinghouse access to any part of such rental facility, rental unit, rooming house and boardinghouse in compliance with any prior arrangements for such action the tenant and owner established, including provision of any lease entered into by the parties. Should the parties not have a written lease, prior agreement regarding such course of action or any written lease which is silent regarding such measure, then the tenant shall provide access at all reasonable times for the purpose of making such repairs and alteration as are necessary to effect compliance with the provisions of this article, other Borough ordinances or any lawful order issued pursuant thereto.
G. 
Complaints. If a complaint alleging a violation of this article is received by the Borough, the inspecting officer shall use his diligent and best efforts to conduct an inspection as hereinabove provided within 10 days of the receipt of the complaint.
A. 
The inspection officer 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 reasonable basis for believing that a nuisance or violation of this article may exist on the premises, including one or more of the following:
(1) 
The premises require inspection according to the cycle established by the Borough for periodic inspections of premises of the type involved.
(2) 
Observation of the external condition of the premises and its public areas has resulted in the belief that violations of this article exists.
(3) 
Circumstances such as age of building, type of building, particular use of premises or other factors indicate that inspections of such building are desirable in the interest of public health and safety.
B. 
If the Judge of the Municipal Court of the Borough is satisfied as to the matter set forth in such affidavit, he shall authorize the issuance of a search warrant permitting access to an inspection of that part of the premises on which the nuisance or violation may exist. Warrant for access may be issued by the Judge of the Municipal Court upon affidavit of the inspections officer establishing reasonable grounds therefore.
C. 
Where the inspection officer or his agent in possession of an administrative warrant is refused entry or access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this article and subject to the penalties hereunder.
No person shall hereafter occupy any rental unit nor shall the owner permit occupancy of any rental unit within the Borough of Roselle which is not registered and licensed in accordance with this article.
Upon the filing of a completed licensing form and payment of the prescribed fee and inspection, the owner shall be entitled to the issuance of a license commencing on the date of the issuance. A licensing form shall be required for each change in occupancy for each rental unit, and a license shall issue to the owner for each rental unit.
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:
A. 
An initial registration fee of $50 per dwelling unit.
B. 
Upon change of occupancy, a fee of $40.
C. 
If there is a violation and a reinspection fee is required, a fee of $25.
D. 
If the owner of the property is a senior citizen who resides on the property and rents out the remaining units, and would otherwise qualify under the State of New Jersey for a property tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee for that unit.
E. 
With respect to complexes with 25 or fewer units, the Borough of Roselle shall grant amnesty for the first 90 days after the article is in effect. If any owner registers units within the first 90 days, the initial registration fee for those units shall be waived. If the owner or registrant registers after 90 days, there shall be a fee of $50 to be paid.
[Amended 10-18-2003 by Ord. No. 2197]
[1]
Editor's Note: Section 90-29, Fees, was amended 3-16-2005 by Ord. No. 2224, which ordinance was repealed 9-21-2005 by Ord. No. 2242.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this article. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
A. 
The maximum number of occupants shall be posted in a conspicuous area within each rental unit, on a form to be provided by the Borough, by the owner of each rental unit. It shall be unlawful for any person, including the owner, agent or tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep or occupy the rental unit. Any person violating this provision shall be subject to the penalty provisions of § 90-35 of this article.
B. 
Only those occupants whose names are on file with the Borough as required in this article may reside in said premises, and any person, including the owner, agent or the 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 § 90-35 of this article.
No rental unit may be registered and no license 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 Borough Property Maintenance Code as amended from time to time.
A. 
Occupants. Only those occupants whose names are on file with the Rental Dwelling Registration and Inspection Department as provided in the article may reside in the registered 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 said premises.
[Amended 10-18-2003 by Ord. No. 2197]
B. 
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 property owners or of the public in general such that is shall constitute a nuisance as defined in ordinances of the Borough of Roselle.
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 the applicable ordinances and regulations of the Borough of Roselle and with all applicable state and federal laws.
D. 
Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 90-35 of this article.
A. 
Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Roselle or such other court having jurisdiction, be liable to a fine of not less than $100 nor more than $1,250 or imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days. The minimum mandatory penalty that shall be imposed for a violation of this article is a $100 fine. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this article.
B. 
Any person who is convicted of violating this article within one year of the date of a previous violation of the same article and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the article, but shall be calculated separately from the fine imposed for the violation of the article.
C. 
In the event the occupant of an illegal apartment is required to relocate from the premises which are the subject of a notice pursuant to this article and/or eviction pursuant to N.J.S.A. 2A:18-61 et seq. and/or the Zoning Ordinance and codes of the Borough, said person is so considered a displaced person and entitled to relocation assistance.
[Added 6-18-2003 by Ord. No. 2187]
D. 
For a first offense, the landlord, person or entity shall be responsible for any relocation costs borne by the municipality or, if not borne by the municipality, then by the tenant in accordance with the provisions of N.J.S.A. 2A:18-61.1g, together with any security deposit and a pro rate portion of the tenant's rent which may have been paid in advance.
[Added 6-18-2003 by Ord. No. 2187]
E. 
In addition to the above subsection, the landlord shall pay an additional fine in an amount equal to six times the monthly rental of the displaced person; said fine to be paid to the Borough of Roselle and to be deposited in a revolving relocation assistance fund.
[Added 6-18-2003 by Ord. No. 2187]
F. 
Any landlord, person, firm or entity found liable under the foregoing who violates any portion of this article for a second time shall be fined equal to the annual cost of any resident of the illegally occupied unit attending a public school within the Borough. Said fine shall be recovered by the Borough by a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. Said proceedings shall be commenced in the Roselle Municipal Court for enforcement of the penalty provided herein.
[Added 6-18-2003 by Ord. No. 2187]
A. 
In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the license issued hereunder upon the happening of one or more of the following:
(1) 
Conviction of a violation of this article in the Municipal Court or any other court of competent jurisdiction.
(2) 
Determination of a violation of this article at a hearing held pursuant to this section.
(3) 
Continuously renting the unit or units to a tenant or tenants who are convicted of a violation of the Noise Ordinance of the Borough.[1]
[1]
Editor's Note: See Ch. 81A, Noise.
(4) 
Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(5) 
Maintaining the rental unit or units or the property in which the rental unit is a part in a dangerous condition likely to result in injury to a person or property.
B. 
Procedure; written complaint; notice; hearing.
(1) 
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, the Zoning Enforcement Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Rental Dwelling Administrator of the Borough of Roselle or designee. The 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.
(2) 
Upon filing of such written complaint, the Rental Dwelling Administrator of the Borough of Roselle or designee shall immediately inform the Mayor and Council, and a date of a hearing shall be scheduled which shall not be sooner than 10 or more than 30 days thereafter. The Rental Dwelling Administrator of the Borough of Roselle 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.
(3) 
The hearing required by this section shall be held before the Mayor and Council unless, in its discretion, the Mayor and Council determined that the matter should be heard by a hearing officer who shall be appointed by the Mayor and Council. If the matter is referred to a hearing officer, such office shall transmit his findings of fact and conclusions of law to the Mayor and Council within 30 days of the conclusion of the hearing. Mayor and 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 Mayor and Council , then the Mayor and 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.
(4) 
A stenographic transcript shall be made of the hearing at the expense of the landlord. 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 administration hearings.
(5) 
The Borough Prosecutor or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.
C. 
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 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
This article shall be enforced by the Rental Dwelling Administrator, Residential Tenancy Inspector, the Construction Code Inspector or the Police Department.