This ordinance was never introduced; withdrawn before introduction after worksession discussion.
ORDINANCE #1952 An Ordinance of Bernards Township in Somerset County, State of New Jersey, Amending the Bernards Township General Ordinances to Add New Section 4-12 entitled “Certificate of Inspection; Residential Rental Properties” and Section 4-13 entitled “Housing Inspections”
NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Bernards, County of Somerset State of New Jersey as follows:
Section 1. Chapter 4 entitled “General Licensing”, of the Bernards Township General Ordinances is hereby amended to add new Section 4-12 entitled “Certificate of Inspection; Residential Rental Properties”, as follows:
SECTION 4-12 Certification of Inspection; Residential Rental Properties
§ 4-12.1. Purpose.
The purpose of this section is:
a. To protect the health and safety of residential tenants by ensuring that all rental properties are maintained in a safe and sanitary condition.
b. To protect the welfare of residential tenants by assuring that maximum occupancy limits are not exceeded in rental units.
c. To protect the real estate values of properties located in close proximity to rental housing by requiring the upkeep and maintenance of building exteriors and outside property areas.
§ 4-12.2. Applicability; Exceptions.
This section shall apply to all residential rental uses.
§ 4-12.3. Requirements for Certificate of Rental Housing Compliance.
a. Every owner of every rental unit in the Township shall submit to the Housing Administrator an application by October 1st of every year for an annual certificate rental housing compliance stating that the unit complies with the rental housing standards in Section 4-12.4 and is approved for occupancy. This requirement shall be satisfied if a rental property owner has obtained a certificate of rental housing
{A0417358.DOC} compliance after January 1st of the subject calendar year pursuant to paragraph b. below.
b. No person shall let or sublet any residential unit without first obtaining from the Housing Administrator one of the following:
(1) A certificate of rental housing compliance.
(2) A conditional certificate of rental housing compliance indicating that the unit is conditionally approved for occupancy in accordance with the provisions of Section 4-12.5.e (2).
§ 4-12.4. Rental Housing Standards.
All rental housing shall comply with the following codes and regulations:
a. New Jersey State Housing Code (N.J.A.C. 5:28)
b. Uniform Construction Code (N.J.S.A. 52:27D-123; N.J.A.C. 5:23)
c. Uniform Fire Code (N.J.S.A. 52:27D-198; N.J.A.C. 5:70)
d. Township Land Development Regulations, Chapter 21
There shall be a continuing obligation to comply with all relevant statutes, ordinances and regulations including but not limited to those set forth above.
§ 4-12.5. Procedures for inspections and issuance of certificates of rental housing compliance.
a. The Housing Administrator shall prepare the necessary application form and checklist which shall be available at the Housing Administrator’s Office located in the Township Planning and Zoning Department.
b. The applicant shall submit a completed application and all required fees to the Housing Administrator by October 1st of each year for an annual certificate and at least ten business days before the date that a new tenant is anticipated to occupy the dwelling. Inspections may be requested up to 30 days before the desired inspection date and shall be scheduled by the Housing Administrator in the order that completed applications are received.
c. Following receipt of a completed application and all required fees, the Housing Administrator shall inspect the building interior, exterior and outside premises to make sure that the premises comply with the standards incorporated in Section 4- 12.4. If required, the Housing Administrator may request the assistance of the Township Fire Official, Construction Official, Zoning Officer or Health Officer.
{A0417358.DOC} 2 d. All inspections shall be conducted in accordance with the standards set forth in Section 4-13.
e. Following inspection, the Housing Administrator shall issue a certificate of rental housing compliance, a conditional certificate of rental housing compliance, or a denial of rental housing compliance. The standards for certificates are:
(1) If the dwelling complies with the codes and regulations set forth in Section 4-12.4, a certificate of rental housing compliance shall be issued.
(2) If the dwelling fails to comply with all of the provisions of Section 4- 12.4, but the Housing Administrator determines that none of the violations jeopardizes the health, safety or welfare of the intended occupants, a conditional certificate of rental housing compliance shall be issued for a period not to exceed 30 days from the initial inspection.
(3) If the dwelling fails to comply and the Housing Administrator determines such violations endanger the health, safety or welfare of the intended occupants, a denial of rental housing compliance shall be issued.
f. If a conditional certificate of rental housing compliance or a denial of rental housing compliance is issued, the applicant shall perform the required work before reinspection.
g. If the inspection was scheduled in advance, as required by Section 4-12.5b. and cannot be conducted or accomplished by the Housing Administrator before the new tenant is scheduled to occupy the dwelling, the new tenant shall be permitted to occupy the unit without it being deemed a violation of Section 4-12.3; however, the Township reserves the right to conduct the inspection at a later time and to issue an appropriate certificate.
h. A current certificate of rental housing compliance, conditional certificate of rental housing compliance or denial of rental housing compliance shall be posted in a conspicuous place in all rental units at all times.
§ 4-12.6. Fees.
All fees shall be paid at the time an application is filed and prior to the inspection being performed in accordance with the following:
a. Initial inspection: $50 a unit.
{A0417358.DOC} 3 b. Reinspection fee for conditional certificate: $20 a unit.
c. Reinspection fee for denials: $50 a unit.
d. Initial inspection: if inspection is requested within 24 hours of proposed occupancy: $70 a unit.
§ 4-12.7. Information to Tenants.
A copy of the Landlord Registration Statement pursuant to Section 4-12.8a. filed with the Housing Administrator shall be provided to each tenant at the time of initial occupancy of the dwelling.
§ 4-12.8 Landlord Registration Statement requirements.
a. In addition to the application for a certificate of rental housing compliance required by Section 4-12.3a., every owner of any building or structure which comes under the provisions of this section shall, by October 1st of every calendar year, and within ten days of the change of ownership of any building subject to the requirements of this section, file with the Housing Administrator a written registration statement and provide a copy to the tenants. The form of Landlord Registration Statement is available from the Office of the Housing Administrator. The Landlord Registration Statement must contain the following information:
(1) The names and addresses of the owners of the property;
(2) If the record owner is a corporation, the name of the registered agent who will accept all legal notices on behalf of the corporation. If the owner is an entity other than an individual, such as a corporation, limited liability company, trade name, partnership, trust, condominium association or other legal entity, the names and addresses of each owner or person having a beneficiary interest. For a corporation, the names and addresses of each stockholder if the total number of stockholders is 20 or less. In any event, with regard to corporate ownership, the registry shall disclose the name and address of any stockholder who owns, either directly or beneficially, 10% of the stock of the corporation;
(3) If the address of any record owner is not located in Somerset County, the name and address of a person who resides in Somerset 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;
(4) The name and address of the managing agent of the premises, if any;
(5) The name and address and telephone number, including the dwelling unit, apartment or room number of the superintendent, janitor, custodian or other
{A0417358.DOC} 4 individual employed by the record owner or managing agent to provide regular maintenance service, if applicable;
(6) The name, address and telephone number of an individual representative, principal or partner of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit or dwelling space therein, including such emergencies as the failure of any essential service or system, who has the authority to make emergency decisions concerning the building or property 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;
(7) If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name, address and telephone number of the fuel oil dealer servicing the building and the grade of fuel oil used.
b. If there is any change in any of this information, an amended registration statement must be filed within five days of the change, and the amended statement posted and distributed to tenants within seven days of filing.
c. The initial registration for all building shall also be accompanied by a floor plan and the square footage for each unit to be used by the Township in establishing maximum occupancy limits for each unit type.
§ 4-12.9. Violations and penalties.
a. Any lessor of rental properties who fails to distribute required information to tenants, fails to secure a required certificate of rental housing compliance from the Housing Administrator, fails to enforce the maximum occupancy limits, fails to register with the Housing Administrator, allows a tenant to occupy rental premises after expiration of a conditional certificate of rental housing compliance or who violates any other provision of this ordinance, shall be liable to the penalties stated in Section 3-1.1.
b. In any dwelling that violates maximum occupancy restrictions, the landlord shall be liable to the penalties stated in Section 3-1.1.
c. Each and every day in which a violation of any provision of this Section exists shall constitute a separate violation in accordance with Section 3-12.
§ 4-12.10. Relocation.
If the provisions of this section are not met and the Township is subsequently required to relocate the tenant or tenants of the dwelling unit involved, the owner or the tenant or both shall be liable for all costs of relocation paid by the Township even if such payments may be greater than those required under the applicable Federal or State law.
{A0417358.DOC} 5 Section 2. Chapter 4 entitled “General Licensing”, of the Bernards Township General Ordinances is hereby amended to add new Section 4-13 entitled “Housing Inspections”, as follows:
SECTION 4-13 Housing Inspections
§ 4-13.1. Housing Inspections.
Inspections of residential units by the Housing Administrator to ensure compliance with Section 4-12 and related codes and ordinances shall be conducted in accordance with the following standards and procedures:
a. The Housing Administrator shall have the responsibility to initiate, conduct and authorize enforcement of any provisions of Section 4-12.
b. If none of the adult residents then present in the dwelling speaks English proficiently, and the inspector is not fluent in the language of the residents, the inspection must be abandoned and may not be resumed without the presence of an interpreter.
c. Residential inspections shall not be conducted by uniformed law enforcement officers, nor shall Township inspectors be accompanied by uniformed law enforcement officers, unless there is a reasonable concern of violence occurring during the inspection. The basis for the concern must be included on the inspection log maintained by the Housing Administrator.
d. Residential inspections shall ordinarily be conducted between the hours of 8:00 a.m. and 7:00 p.m. on non-holiday weekdays, except as provided below.
e. Residential inspections may be conducted on weekdays between the hours of 7:00 p.m. and 9:00 p.m., on Saturdays between 11:00 a.m. and 4:00 p.m. if there have been at least two previous failed attempts on two different days to inspect during the hours set forth in paragraph d above.
f. No residential code enforcement inspection shall be conducted without first providing notice to the residents of their rights regarding whether or not to permit an inspection. The Housing Administrator shall provide such notice orally and in writing and when the subject of an inspection has limited English proficiency, such notice shall be provided in the language of the resident as well as in English.
g. No residential inspection shall be conducted without first obtaining consent from the residents of the subject property.
{A0417358.DOC} 6 h. No residential inspection shall be conducted after 9:00 p.m. or before 8:00 a.m. except under emergency circumstances, such as if Township police, fire or medical emergency personnel, during the course of responding to an emergency at a dwelling, witness life-hazard violations of Section 4-12.4 and alert the Housing Administrator of such life-hazard violations, the Housing Administrator may conduct an inspection within 12 hours of notification.
i. The following record shall be kept and maintained by the Housing Administrator:
(1) Complaint form and investigation form which shall record the date and time of complaint, name of complainant, address and telephone number of complainant, address of property for which complaint is made, nature of complaint, details of alleged violations, basis for or evidence supporting complaint, identity of any other witnesses, date, time and manner of initial contact and all subsequent contacts, name and title of any and all Township officials, agents, employees or individuals acting on behalf of the Township involved in the contact, whether the subject of the complaint is proficient in English or what language the subject speaks; record of the substantive investigation conducted; and the outcome of such investigation, whether to end investigation without further action, continue investigation or conduct investigation.
(2) Inspection log which shall record date and time of inspection, verification that resident was provided proper notice regarding the inspection and his or her rights and responsibilities; the Township official’s requested permission to enter the premises and inspect; that the residents or owners gave authorization for inspection; the duration of the inspection; areas of residence inspected; individuals interviewed or spoken to during the inspection; the results of the inspection, including specified property maintenance code violations, if any; evidence of violations uncovered; date on which violation was or will be referred for prosecution; dates of notice of prosecution; court and hearing dates; settlements or please; and dates case closed, or whether no evidence of violation was found.
(3) Direction that if a complaint made to the Township lacks the basis for the complaint or the identity of the complainant, Township inspectors must take independent action or investigation to verify that a basis for the complaint exists prior to conducting an inspection. Such independent action or investigation shall be recorded in writing on the complaint and investigation form.
j. These procedures shall not apply if the Housing Administrator has obtained a court-issued warrant to search the premises nor shall they affect Township Police authority to enter a residence when responding to a potential violation of zoning, land use, public health safety or other similar laws.
{A0417358.DOC} 7 Section 3. All other ordinances in conflict or inconsistent with this ordinance are hereby repealed, to the extent of such conflict or inconsistency. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Township of Bernards, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Revised General Ordinances of the Township of Bernards are hereby ratified and confirmed, except where inconsistent with the terms hereof.
Section 4. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect, and to this end the provisions of this ordinance are hereby declared severable.
Section 5. This ordinance shall take effect immediately upon final passage and publication according to law.
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