[HISTORY: Adopted by the City Council of
the City of Pleasantville 2-21-2007 by Ord. No. 9-2006. Amendments noted where
applicable.]
There is established in the City of Pleasantville,
County of Atlantic, State of New Jersey (hereinafter the "City") a
Rental Housing Registration Program which shall be governed by the
provisions and regulations described herein.
It shall be the duty and the responsibility
of the Construction/Code Department (hereinafter the "Department")
of the City of Pleasantville to enforce the provisions and regulations
herein.
[Amended 6-16-2008 by Ord. No. 13-2008; 4-20-2009 by Ord. No. 9-2009; 12-7-2015 by Ord. No. 22-2015]
As used in this chapter, the following terms
shall have the meanings indicated:
The individual designated by the owner who is authorized
to perform any duty imposed by these regulations.
The City of Pleasantville, County of Atlantic, State of New
Jersey.
The Construction/Code Department of the City of Pleasantville.
Grandfather, grandmother, father, mother, son, daughter,
brother, sister, uncle or aunt.
Two-family dwelling units or more, and multiple single-family
dwelling units where each unit has an independent means of egress.
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
A house, dwelling, apartment unit, multiple-dwelling unit, boardinghouse, rooming house or any portion of a structure used for human habitation or occupancy and rented, leased or otherwise occupied or offered for occupancy for consideration that includes in-kind or other services. When any person, partnership, firm, corporation or other entity shall by means or use of signs, circulars, business cards, newspapers, Internet, radio, television, word of mouth or other means of publication or communication advertise, offer or solicit a tenancy, whether actively or passively, a presumption shall be created that the house, dwelling, apartment unit, multiple-dwelling unit, boardinghouse, rooming house or structure is being operated as a residential rental unit requiring registration under the provisions of this Chapter 208. A unit previously occupied or offered for occupancy as a residential rental unit but presently vacant shall continue to require annual registration under this section until or unless the owner takes affirmative action to remove the property from the rental market, whether by sale, personal occupancy or otherwise.
The purpose of these regulations is to establish
the standards and manner by which residential rental units within
the City shall be maintained and occupied to protect the public health,
safety and welfare.
A.
These regulations shall not apply to hotels, motels,
boardinghouses, rooming services and other residential units which
are generally occupied by guests or tenants for less than 30 successive
days.
B.
These regulations shall not apply to residential rental
units owned by or managed by the Pleasantville Housing Authority.
A.
The Department shall have those powers which are necessary
to carry out the intent and purposes of these regulations, including
but not limited to the following enumerated powers:
(1)
To investigate the dwelling conditions within the
City to determine which apartments, dwellings or other structures
have residential rental units.
(2)
To investigate those residential rental units to ensure compliance with these regulations and Chapter 207, Property Maintenance, of this Code.
(3)
To delegate any of the functions and powers of the
Department to employees of the City as the Construction Official shall
designate.
B.
The Housing Inspector is authorized to enter any structure
at reasonable times for the purpose of making inspections and performing
duties under these regulations. If entry is refused, or not obtained,
the Housing Inspector may apply for an order from the Municipal Court
or any other court of competent jurisdiction authorizing entry.
[Amended 6-16-2008 by Ord. No. 13-2008]
A.
Each residential rental unit shall be registered annually
on or before March 31 of each year. Units newly placed on the rental
market during the registration term shall be registered prior to occupancy
or within 14 days of the date the unit is offered for rental, whichever
occurs first. The term of the registration shall be from January 1
to December 31 of each year. The registration fee shall be $50 per
year. Units not registered by March 31 shall pay a late fee of $25.
Likewise, new rental units not registered within 30 days of the date
for registration, as set forth above, shall pay a late fee of $25.
[Amended 4-20-2009 by Ord. No. 9-2009; 12-7-2015 by Ord. No. 22-2015]
B.
Notwithstanding the fees and schedule established in Subsection A above, the registration term for 2007 shall commence on April 1, 2007 and end on December 31, 2007. The annual registration fee for this nine-month period in 2007 shall be $35 if applied for before May 31, 2007, and $55 if applied for thereafter. This reduction in fees and altered schedule shall apply to calendar year 2007 only and such adjustments are resulting from the fact that this chapter has been adopted in the first quarter of 2007.
C.
No residential rental unit shall be occupied unless it is registered with the City and is occupied in compliance with these regulations and Chapter 207, Property Maintenance, of this Code.
D.
No registration permit shall be issued until the unit
has been inspected and found to be in compliance with these regulations
and the Property Maintenance Code. An inspection which results in
a satisfactory rating shall be valid for one year from the inspection
date. However, the Housing Inspector may reinspect any residential
rental unit during the year when he has reasonable grounds to believe
that the unit is no longer in compliance with these regulations.
E.
The registration fee shall include the initial inspection
and one reinspection if required and the annual registration permit.
Any other reinspection required by the Housing Inspector, including
cancellations during the year, shall result in an additional charge
of $25 per inspection. If the landlord cancels the inspection more
than once, it will result in an additional fee.
F.
Notwithstanding the above, if a residential rental
unit has been the subject of an occupancy inspection, and if such
occupancy inspection resulted in the issuance of a certificate of
occupancy for such unit, and if such inspection and issuance of a
certificate of occupancy has occurred within the 60 days immediately
preceding the filing of the application for a registration permit,
then, in that event, no inspection is required. The application must
still be filed and the permit fee must be paid; however, the initial
inspection that accompanies the application for a registration permit
shall be waived.
G.
Any owner or operator of a residential rental unit subject to registration under this chapter who does not obtain such registration within 60 days of the time for registration as set forth in § 208-6A above shall be subject to the penalties set forth in § 208-12.
[Added 4-20-2009 by Ord. No. 9-2009; 12-7-2015 by Ord. No. 22-2015]
H.
Lead-based
paint inspection. The owner shall be responsible for fees associated
with the lead-based paint inspection as follows:
[Added 9-6-2023 by Ord. No. 18-2023]
(1)
The
fee for visual assessments shall be $370 if performed by an inspector
who is part of a shared service agreement between the Atlantic County
Improvement Authority and the City, and for an additional nonmandatory
fee of $195 per unit an XRF inspection may be ordered.
(3)
Condominiums,
co-ops, townhouses or other common community owners shall be responsible
for the costs and fees associated with the lead-free paint inspections
and fees unless the common community's home/condo owners' association
owns the rental dwelling unit for which the lead-free certification
is being issued.
(4)
The
City is also authorized to charge an additional fee of $20 per dwelling
unit inspected by the owners' private lead inspector or the City or
the City's shared services agreement inspector, pursuant to the Lead
Hazard Control Assistance Act, unless proof is supplied establishing
this fee has already been assessed to the dwelling owner by the Department
of Community Affairs. Fees collected pursuant to N.J.S.A. 52:27D-437.16h
shall be deposited into the Lead Hazard Control Assistance Fund.
[Added 9-6-2023 by Ord. No. 18-2023]
A.
The landlord
of the rental dwelling shall provide a valid lead-safe certification
at the time of the most recent tenant turnover to the City, as well
as to the new tenant, affixing a copy of the same to the new tenant's
lease and to maintain a record of the lead-safe certification, including
the name(s) of the tenant(s) and whether the inspection was performed
during the period of tenancy.
B.
Sould
lead levels be detected that are deemed hazardous and identified as
the same, then the owner of the dwelling shall remediate the hazards
through the abatement or lead-based paint hazard control mechanisms
set forth in N.J.S.A. 52:27D-437.16d.
C.
Upon
the remediation of the lead-based paint hazard, the City's lead inspector,
deemed a visual inspector, where applicable, or any lead inspector
through the City's shared service agreements, shall conduct an additional
inspection of the dwelling unit to verify and certify that the hazard
no longer exists.
D.
Once
no lead-based paint hazards are detected or otherwise identified,
the lead inspector shall certify the dwelling as lead safe on a form
prescribed by the Department of Community Affairs, which shall be
valid for a period of two years.
[1]
Editor's Note: See also § 300-43F(2)(a).
At the time that a residential rental unit is
registered, an application shall be completed which contains the following
information:
A.
The name, address and telephone number of the record
owner or owners of the premises. In the case of a partnership, this
information shall be provided for all general partners. In the case
of a corporation, this information shall be provided for the registered
agent and all corporate officers.
B.
The address of the residential rental unit, the exact
number of all separate units at that address and the designation for
each unit.
C.
The exact number of sleeping rooms contained within
each residential unit and the total square footage for each sleeping
room.
D.
The exact number of people who occupy each residential
unit and their names, and in the case of children under 18 years of
age, their ages shall also be provided. If the residential rental
unit is unoccupied at the time that the application is completed,
this information shall be provided as soon as the unit is occupied.
E.
The Department has the authority to amend the application
to include additional required information.
F.
Subject to the provisions of § 208-10, if any of the information set forth on the application in response to Subsections A through E above or to § 208-8 should change during the term of the registration, the owner shall provide the updated and amended information to the City within 20 days of the change.
[Added 4-20-2009 by Ord. No. 9-2009;
amended 12-7-2015 by Ord. No. 22-2015]
Each person who owns a residential rental unit within the City shall designate a natural person or agent who resides within the county to receive the notice of violation and to correct any violations of these regulations or Chapter 207, Property Maintenance, of this Code. The natural person or agent shall be named in the application when it is filed.
Each residential rental unit shall be inspected
annually. After completion of the application and payment of the registration
fee, the Housing Inspector shall inspect the residential rental unit
to ensure compliance with these regulations and the Property Maintenance
Code. The Housing Inspector shall make a report promptly after each
inspection.
A.
After the initial annual inspection, if the residential
rental unit does not comply with the aforesaid regulations, a notice
of violation shall be served on the owner or agent in the form and
manner prescribed by the Property Maintenance Code. The Housing Inspector
shall reinspect the residential rental unit after the notice of violation
has been served and the time has expired for correction of the violations,
or such time as the owner advises the Housing Inspector that the corrections
have been made and that the owner is requesting a reinspection.
B.
If violations still exist, any further reinspections
of the residential rental unit shall be at the discretion of the Housing
Inspector, and a complaint may be filed with the Municipal Court for
enforcement of these regulations and the Property Maintenance Code.
C.
The registration permit shall not be issued until
all violations have been corrected.
D.
If the residential rental unit is damaged by fire
or other cause, the reinspection shall be required to ensure compliance
with these regulations and the Property Maintenance Code.
E.
All multiple dwellings including those occupied by
the owner shall be inspected.
If the residential rental unit is occupied at
the time it is registered with the Department, the owner or agent
shall provide the Department with a list containing the names of all
occupants of the premises for the term of the rental period. If the
residential rental unit is unoccupied, the list shall be provided
as soon as the unit is occupied. A copy of this list shall be maintained
on the premises for inspection upon request. If the occupants change
during the year, a new list shall be submitted to the Department within
20 days of the change.
A.
Residential rental units shall not be occupied by
more people than permitted by the minimum area requirements. Every
room occupied for sleeping purposes by one person shall contain at
least 70 square feet of floor area. Every room occupied for sleeping
purposes by more than one person shall contain at least 50 square
feet of floor area for each occupant thereof.
B.
It shall be unlawful for an owner to knowingly rent
and a tenant to occupy a residential rental unit with occupants that
exceed the number allowed on the premises based on the available sleeping
rooms and square footage.
C.
The lease for each residential rental unit shall contain
language in it which states that the lease is subject to these regulations.
This requirement shall apply to all leases executed after the adoption
of these regulations by the City.
D.
The owner or agent of a residential rental unit shall
inform the tenants of these regulations, and shall require that each
adult tenant sign a copy of the receipt form acknowledging that the
tenant has received a copy of these regulations. A copy of this document
shall be filed with the Department. This requirement applies to all
existing tenants and future tenants.
Owners of residential rental units shall be
held to standards of responsibility in the selection of tenants and
the supervision of rental properties. If during any twelve-month period
on three separate occasions, tenants of a residential rental unit
are convicted of criminal offenses, disorderly persons offenses, or
ordinance violations involving noisy or tumultuous behavior for activities
on the property or attributed to the occupancy of the property, the
owner is responsible for a violation of these regulations if he has
not taken legal action to evict the tenants.
[Amended 4-20-2009 by Ord. No. 9-2009; 12-7-2015 by Ord. No. 22-2015]
Any person who violates any provision of this chapter or who
provides false information, forged or falsified documents or improperly
reproduces registration applications or registrations shall, upon
conviction, be punished by a fine of not less than $100 nor more than
$1,000, imprisonment for a term not exceeding 90 days and/or a period
of community service not exceeding 90 days for a first offense. For
a second or subsequent offense, the minimum fine shall be $250. A
separate offense shall be deemed committed for each day during which
a violation occurs or continues and for each unit subject to registration.
