[HISTORY: Adopted by the Council of the City
of Northfield 5-20-1997 by Ord. No. 10-97 (Ch. 73, Art. I, of
the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A building or part thereof having cooking, sleeping and sanitary
facilities designed for or occupied by one family and which is entirely
separated from any other dwelling unit in the building by vertical
walls or horizontal floors, unpierced, except for access to the outside
or a common cellar.
Any dwelling unit which is leased or rented.
A.
Position created. There is hereby created the permanent,
part-time position of Housing Officer of the City of Northfield.
B.
Hours of employment and compensation. The Housing
Officer shall work no more than 15 hours per week unless expressly
authorized by City Council, by duly adopted resolution, to work in
excess of 15 hours per week. Compensation for services rendered by
the Housing Officer shall be as provided for in the yearly Salary
Ordinance adopted by the City Council of the City of Northfield.
A.
All rental units, apartments and all dwelling units
which are occupied by a person, persons or family other than the owner,
the owner's family or people living with the owner as a family shall
be registered by the owner with the Housing Officer or his designee
on forms which shall be provided for that purpose and which shall
be obtained from the Housing Officer or his designee. Such registration
shall occur on an annual basis as provided herein.
[Amended 12-13-2022 by Ord. No. 13-2022]
(1)
At the time of the filing of the registration form referred to in this chapter, or at the time of any registration amendment due to tenant turnover, every owner shall present to the Housing Officer notice of the last tenant turnover date, as well as a valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as set forth in Subsection A(4) below. Should the owner fail to provide such a report within 30 days of filing, the City shall have said inspection performed with the City's cost for same to be assessed against the landlord's rental property as a municipal lien.
(2)
Should the evaluation report identify lead-based hazards, then the
owner shall remediate the hazards through abatement or lead-based
hazard control mechanisms. The remediation shall be confirmed through
a subsequent lead-based hazard inspection. The identification of a
lead-based hazard will result in the City or the inspector retained
to conduct such inspections, providing notification of same to the
Commissioner of Community Affairs.
(3)
If there are no findings of a lead-based hazard in the initial or any subsequent inspection conducted pursuant to the provisions of Subsections A(1) and (2) above, the lead evaluation inspector or representative of the City shall certify the unit as lead-safe, on a form proscribed by the Department of Community Affairs. This lead-safe certification shall be valid for two years. A copy of this certification shall be provided to the tenants of the unit inspected.
(4)
Notwithstanding the provisions of Subsection A(1) above, a dwelling unit in a single family, two-family, or rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Has previously been inspected, and three years will not have
passed before the next required registration of the property and there
has not been a tenant turnover since the last inspection;
(c)
Was constructed during or after 1978;
(d)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner, and has no
outstanding lead violations from the most recent cyclical inspection
performed on the multiple dwelling under the "Hotel and Multiple Dwelling
Law," N.J.S.A. 55:13A-1 et seq.
(5)
Pursuant to the provisions of N.J.S.A. 52:27D-437.16, unless a unit
owner demonstrates that the Department of Community Affairs has already
assessed an additional inspection fee of $20, a fee of $20 for each
inspection per unit shall be paid by the owner at the time of the
registration of the unit. Said fee shall be deposited by the City
into the "Lead Hazard Control Assistance Fund" established pursuant
to N.J.S.A. 52:27D-437.4.
B.
Every owner of premises for rent, one or more rental units, apartments and/or dwelling units required to register the premises in accordance with Subsection A immediately above, unless excluded as a motel or hotel as set forth in Subsection D below, shall file under oath, with the Housing Officer of the City of Northfield or his designee, a registration certificate on forms which shall be provided for that purpose and which shall be obtained from the Housing Officer or his designee. Such registration certificate shall be filed annually as provided below. The registration certificate shall include the address of the premises, rental unit or units, apartments and/or dwelling units, the name and address of the owner, the name and address of the superintendent and/or the name and address of the agent in charge, the number of rental units, apartments and/or dwelling units in said premises, a description by number or letter of each such apartment in the premises and the number of tenants located within said premises, including a breakdown of the number of tenants 18 years of age and older and number of tenants 17 years of age and younger, on the date the registration certificate is prepared. If the owner is a corporation or other entity other than an individual, the registration certificate shall be made under oath by the president or secretary of the corporation or by a principal of such entity.
[Amended 7-13-2010 by Ord. No. 6-2010]
C.
Each rental unit, apartment and/or dwelling unit required
to be registered shall be registered annually. The registration term
shall commence January 1 of each year and such registration shall
be valid until January 15 of the following year, at which time it
shall expire and a new registration shall be required. Any lease which
has been executed prior to the adoption of this chapter shall not
be affected, but the rental unit, apartment and/or dwelling unit must,
nevertheless, be registered and inspected in accordance with this
chapter.[1]
D.
A rental unit, apartment, or dwelling unit, as those
terms are used in this section, shall not include any room or suite
of rooms in a motel or hotel unless the units rented in said hotel
or motel shall contain two or more units having eating and cooking
facilities. In such event, the units containing such facility shall
be considered rental units or dwelling units within the meaning of
this section. This subsection shall not preclude the requirement that
a certificate of occupancy be issued upon a sale of the hotel or motel
specified herein.
E.
Registration fee. The owner shall pay at the time of registration a fee of $65, plus any fee due pursuant to Subsection A(5), above. An annual registration fee, due January of each subsequent year, shall be $65. If full payment is not received by March 1 of any year, a late fee of $25 shall be assessed.
[Amended 2-9-2010 by Ord.
No. 2-2010; 12-13-2022 by Ord. No. 13-2022]
A.
Each rental unit, apartment and/or dwelling unit required
to be registered hereunder shall be inspected every two years or before
occupancy of a new tenant.
[Amended 5-28-2013 by Ord. No. 4-2013]
B.
The inspection shall be for the purposes of determining compliance with Chapter 215, Land Use and Development, of the Code of the City of Northfield and any applicable laws of the City of Northfield, the State of New Jersey or the United States of America.
C.
In the event that the inspection of a rental unit does not result in a satisfactory determination due to a violation of an ordinance of the City of Northfield or applicable laws of the State of New Jersey or the United States of America or because of a condition as set forth in § 275-5C below, such property shall not thereafter be certified as habitable 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 laws and the property thereafter subsequently becomes certified as habitable. When unsatisfactory conditions are discovered, all such corrections shall be made as prescribed by the applicable codes or laws. In the event that said codes do not specify a date by which corrections shall be made, all corrections then shall be made within 30 days from the date of notification of the failed inspection, and if not made within that time period, the owner shall be deemed in violation of this chapter and every day that the violation continues shall constitute a separate offense. If, however, the property is occupied at the time an inspection takes place, which inspection also results in an unsatisfactory condition being discovered, then the tenant/occupant shall be permitted to remain in the property, with the owner being given the time allowed by code or a thirty-day time period as mentioned above to correct the deficiency. If the deficiency is not corrected within that thirty-day period, the occupant/tenant shall be required to vacate. If at the time an inspection occurs an unsatisfactory condition is found and it is deemed to be an imminent hazard as determined by the inspecting agency, then that inspecting agency shall have the right to cause immediate vacation of the property in order to protect the occupant/tenant from any imminent hazard within the unit as inspected.
D.
A charge, as provided in Chapter 128, Uniform Construction Codes, to cover the cost of the inspection in connection with said application shall be paid at the time the application is filed and shall not be refundable. Any reinspection of the subject premises caused by a lack of compliance with the provisions of this chapter or the provisions of the New Jersey State Housing Code shall require a fee as provided in Chapter 128, Uniform Construction Codes, to be paid prior to said inspection.
A.
No agent, agent of an owner, real estate agent or
broker, firm, company, partnership, corporation or person or persons
shall sell, rent, transfer, grant, lease, let, mortgage with right
of occupancy or otherwise dispose of the ownership or occupancy, whether
or not for a consideration and whether such disposal or occupancy
is temporary or permanent, of any dwelling unit, mobile home or apartment,
unless a certificate of occupancy is obtained certifying that said
dwelling unit or apartment is fit for human habitation and that said
dwelling unit or apartment is in compliance with all ordinances of
the City of Northfield, which shall first be obtained from the Construction
Official, Housing Officer or his designee inspector who is authorized
to issue a certificate of occupancy upon inspection and approval by
the Construction Officer, Housing Officer or his designee inspector
within 10 days from the date of the filing of the application for
same.
B.
No such vacated apartment or dwelling unit shall be
rented or occupied in whole or in part by any new owner, occupant
or tenant until an inspection has been made by the aforesaid public
official as to whether said dwelling unit or apartment is in violation
of any of the applicable laws of the City of Northfield, the State
of New Jersey or the United States of America. If no such violation
is found, the Building Department shall issue a certificate of occupancy;
otherwise, it shall notify the owner, in writing, setting forth the
specific violations found.
C.
A dwelling unit or apartment shall be deemed to be
unfit for human habitation where conditions exist therein which are
dangerous to the health or safety of the occupants or residents of
the municipality. Such conditions may include, but are not limited
to, defects increasing the hazard of fire, accidents or other casualties,
lack of adequate ventilation, light or sanitary facilities and dilapidation,
disrepair or structural defects or uncleanliness.
D.
The Construction Official, Housing Officer or his
designee inspector shall cause to be prepared the appropriate application
form for such a certificate of occupancy, which forms shall be available
to applicants at the Building Department.
E.
A charge, as provided in Chapter 128, Uniform Construction Codes, to cover the cost of the inspection in connection with said application shall be paid to the Building Department at the time the application is filed and shall not be refundable. Any reinspection of the subject premises caused by a lack of compliance with the provisions of this chapter or the provisions of the New Jersey State Housing Code shall require a fee as provided in Chapter 128, Uniform Construction Codes, to be paid prior to said inspection.
F.
A dwelling unit or apartment, as those terms are used
in this section, shall not include any room or suite of rooms in a
motel or hotel unless the units rented in said hotel or motel shall
contain two or more units having eating and cooking facilities. In
such event, the units containing such facilities shall be considered
multiple dwelling units; provided, however, that this subsection shall
not preclude the requirement that a certificate of occupancy be issued
upon a sale of the hotel or motel specified herein.
G.
At the time of inspection of each dwelling unit or
apartment prior to the issuance of said certificate of occupancy,
the Building Department or Housing Officer shall post, in a conspicuous
place in said apartment or dwelling, a notice stating the number of
persons which shall be permitted to occupy said apartment or dwelling
as residents therein, pursuant to the City of Northfield Code, and
in no event shall residency in excess of said posted number be exceeded
by either the landlord or the tenant. For the purpose of determining
residency, any person who sleeps upon the premises or generally dwells
therein for more than two successive days or nights shall be considered
to be residing on the premises.
H.
In the event that an application for a certificate of occupancy is made for a dwelling unit that is in an Adult Housing District as defined by Chapter 215, Land Use and Development, § 215-157, an affidavit of compliance will be required by both the landlord and tenant prior to the issuance of a certificate of occupancy. The affidavit of compliance shall be in a form prepared by the Zoning Department of the City of Northfield, which shall confirm that the owner and tenant are aware of the fact that the dwelling is located in an Adult Housing District, and the affidavit of compliance shall indicate that the adult housing age is restricted to 55 years of age for the primary resident or one of the spouses with not more than one dependent child not less than 18 years of age. It shall be the responsibility of both the owner and any tenant that the adult housing laws are complied with. In the event that any owner or tenant violates this subsection, said owner and tenant shall be subject to the violation and penalty section contained in § 275-9.
[Added 12-18-2001 by Ord. No. 24-2001]
The Housing Officer or his designee shall index
and file the rental registration form and make it reasonably available
for public inspection. In doing so, the Housing Official or his designee
shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented,
so that the filing of the rental registration form simultaneously
satisfies 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 rental registration requirements of this chapter. The
Housing Officer or his designee shall maintain a master index of all
such rental registration forms, and any person may obtain from the
Housing Officer or his designee a list of all properly registered
rental units, apartments and/or dwelling units upon payment of the
appropriate fees.
Every person required to file a rental registration
form pursuant to this chapter shall file an amended rental registration
form within 20 days after any change in the information required to
be included thereon.
No rental unit, apartment and/or dwelling unit
shall be issued a certificate of occupancy unless all municipal taxes,
sewerage and other municipal assessments are paid on a current basis.
[Amended 10-15-2019 by Ord. No. 13-2019]
A.
It shall be unlawful for an owner, lessor, sub-lessor, any other
person(s) or entity(ies) with possessory or use rights in a dwelling
unit, their principals, partners or shareholders, or their agents,
employees, representatives and other persons or entities acting in
concert, or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 30 days or
less.
B.
Nothing in this chapter will prevent the otherwise lawful occupancy
of an entire dwelling unit for a rental period of more than 30 days.
However, rental of a room or a portion of the premises for any term
is not permitted.
C.
ADVERTISE or ADVERTISING
CONSIDERATION
DWELLING UNIT
HOUSEKEEPING UNIT
OCCUPANT
OWNER
PERSON
RESIDENTIAL OCCUPANCY
Definitions (for purposes of § 275-9).
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of the provisions of this chapter, as same may be viewed
through various media including, but not limited to, newspapers, magazines,
flyers, handbills, pamphlets, commercials, radio, direct mail, internet
websites, or text or other electronic messages for the purpose of
establishing occupancies or uses of rental property, for consideration,
which are prohibited by this chapter.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise or benefit,
a quid pro quo, rent, fees, other form of payment or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, house, condominium, building,
co-operative, converted space, or portions thereof, that is offered
to use, made available for use, or is used for accommodations, lodging,
cooking, sleeping, gathering and/or entertaining of occupants and/or
guests, for consideration, for a period of 30 days or less.
Constitutes a family-type situation, involving one or more
persons living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory rights within a
dwelling unit.
Any person or entity, association, limited liability company,
corporation, or partnership, or any combination, who legally use,
possess, own, lease, sub-lease or license (including an operator,
principal, shareholder, director, agent, or employee, individually
or collectively) that has charge, care, control or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity and any person and/or
entity acting in concert or any combination thereof.
The use of a dwelling unit by one or more occupants.
D.
Permitted uses. The residential occupancy of an otherwise lawful
occupied dwelling unit for a period of 30 days or less by a person
who is a member of the housekeeping unit of the owner, without consideration,
such as houseguests, is permitted.
E.
Advertising prohibited. It shall be unlawful to advertise, solicit
or promote by any means or actions in violation of this chapter.
[Added 10-15-2019 by Ord. No. 13-2019[1]]
A.
The provisions of this chapter shall be enforced by the Zoning Official,
Building Code and/or Sub-Code official or by any other City Official
or employee so designated by the Common Council for the City of Northfield.
B.
A violation of this chapter is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
C.
Any person found to have violated any provision of this chapter,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $2,000 or imprisonment for a term not exceeding 90 days
or by a period of community service not exceeding 90 days or by any
one or more of the above. Each day of such violation, after receiving
written notice of same, shall be a new and separate violation of this
chapter.
D.
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law including but not limited
to the penalties set forth in N.J.S.A. 46:8-35, and amended from time
to time.
[1]
Editor's Note: Former § 73-10, regarding the Four
Seasons complex, added 12-18-2001 by Ord. No. 24-2001, was repealed
4-12-2012 by Ord. No. 3-2012.
