Lindenwold Borough Community Pages

Borough Announcements

Council Mtg. Min.-Dec 28, 2012 Pt. 1

April 04, 2012 by Clerk

Minutes for Council Meeting on December 28, 2012, Part 1

CALL MEETING TO ORDER
Mayor Roach called the Council Meeting of December 28, 2011 to order.

SUNSHINE LAW
Notice of this meeting has been provided in a legal notice published in the Courier Post and Record Breeze; and posted in accordance with Title 10 of the New Jersey Statutes Annotated, specifying 7:00 pm meeting time; and that formal action may or may not be taken at all Special, Caucus and Council Meetings. Also please be advised that this meeting will be audio recorded for possible later playback.

FLAG SALUTE
The flag salute was held.

ROLL CALL
Present: Councilmen Balmer, Dougherty, Hans, Jackson, Strippoli, and Mayor Roach
Excused absence: President Randolph-Sharpe

PRESENTATION TO RETIREES
Mayor presented each retiree with a clock engraved with their name and the number of years of service to the Borough of Lindenwold:
Merle Dahl 30 Years
Tom Glock 23 Years
Michael Haines 25 Years
Kathy Snyder 13 Years

APPROVAL OF MINUTES
Motion was made by Councilman Dougherty, second by Councilman Jackson that the Council Minutes of the October 12, 2011 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Hans and Councilman Strippoli abstaining. Motion carried.

Motion was made by Councilman Jackson, second by Councilman Dougherty that the Executive Minutes of the October 12, 2011 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Hans and Councilman Strippoli abstaining. Motion carried.

Motion was made by Councilman Jackson, second by Councilman Hans that the Council Minutes of the October 26, 2011 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Balmer abstaining. Motion carried.

Motion was made by Councilman Strippoli, second by Councilman Dougherty that the Executive Minutes of the October 26, 2011 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Balmer abstaining. Motion carried.

Motion was made by Councilman Dougherty, second by Councilman Balmer that the Council Minutes of the November 2, 2011 meeting be adopted as presented. Roll call vote was unanimous in the affirmative. Motion carried.

Motion was made by Councilman Balmer, second by Councilman Hans that the Executive Minutes of the November 2, 2011 meeting be adopted as presented. Roll call vote was unanimous in the affirmative. Motion carried.

PAYMENT OF BILLS
Motion was made by Councilman Strippoli, second by Councilman Balmer that all bills that have been properly audited be approved for payment. Roll call vote was unanimous in the affirmative. Motion carried.

Second Reading Ordinance #1294
AN ORDINANCE AMENDING ORDINANCE 1237 REGULATING RENTAL PROPERTIES WITHIN
THE BOROUGH OF LINDENWOLD
(Creation of Chapter 171)
WHEREAS, N.J.S.A. 40:48-2.21a through 40:48-2.12m authorizes a municipality to enact and enforce ordinances that regulate the use and occupancy of structures and to require registration of rental units within the municipality; and
WHEREAS, the Borough of Lindenwold has determined that rental properties are not meeting minimum health and safety standards for the provision of safe and decent rental housing; and
WHEREAS, the Borough of Lindenwold determined that amendments to the Borough’s Rental Property Registration Ordinance was desirable and necessary in order to continue to promote safe and decent rental housing for the benefit of all residents of the Borough of Lindenwold and to abate harmful housing conditions therein.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Lindenwold, County of Camden, State of New Jersey, that Chapter 1237 of the Code of the Borough of Lindenwold is here deleted in its entirety and replaced with the following:
ARTICLE 1 Landlord Responsibility
§1. Responsibilities of landlords and owners.
A. Any landlord and/or owner of leased property located within the Borough of Lindenwold shall be responsible for any activities, actions, events and conduct of any person and/or animal which occur in, on or about said premises or property. The landlord/owner's responsibility shall extend to and include, but not be limited to, any disorderly conduct, nuisance, offensive language and any other behavior or conduct which is a violation of any state statute or of any of the provisions of the Code of the Borough of Lindenwold.
B. The landlord/owner of any such property located within the Borough of Lindenwold shall be responsible and liable for the conduct and actions of any tenant, invitee, guest or any other person who is in, on or about the premises and/or property with the permission, either express or implied, of the landlord, owner, tenant, guest or invitee.
§2. Notice of violation; subsequent violations.
A. Upon the occurrence of any violation of this article, the landlord or owner of the property shall be put on notice by receiving written notification of said violation from the person so designated by the Borough Council to forward said notice. Said notice shall generally inform the landlord and/or owner of the nature of the violation and the date upon which said violation occurred. Said notice shall also state that any subsequent violation of this article may result in said landlord and/or owner being cited and otherwise charged with a violation of said article, which may result in a hearing on said violation pursuant to Article II, Section 15 of this Ordinance.

B. If any violation of this article occurs subsequent to written notification being sent to said landlord and/or owner in accordance with the above provisions, then said landlord and/or owner shall be cited for violation of this article and noticed for a hearing pursuant to Article II, Section 15 of this Ordinance.

ARTICLE II Registration and Licensing of Rental Property
§1. Definitions.
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(s) authorized by the owner to perform any duty imposed upon the owner by this article. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey, as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey, if such person designated by the owner as his agent is so licensed.
APARTMENT or DWELLING — Any apartment, cottage, bungalow, any room or rooms in a rooming/boarding house or other dwelling unit, consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office or the operation of any industry or business or for any other type of independent use. Each dwelling unit shall contain no more than one kitchen or cooking facility.
DWELLING UNIT — Any room or rooms or suite or apartment, including any room or rooms in a rooming/boarding house, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with use or occupancy thereof. Each dwelling unit shall contain no more than one kitchen or cooking facility.
LICENSE — The license issued by the Borough Clerk or his/her designee attesting that the rental unit has been properly registered in accordance with this article.
LICENSE YEAR – The year beginning on the date that the license is issued and continuing for the calendar year.
LICENSEE — The owner to whom the license is issued pursuant to this article. The term licensee includes within its definition the term agent, where applicable.
LOCAL HOUSING INSPECTOR – See Ordinance §167-16.
OWNER — Any person or group of persons, firm, corporation or officer thereof, partnership association or trust who owns, operates, exercises control over, or is in charge of a rental facility. This includes a condominium association which any rental facility exists.
OWNER-OCCUPIED — A portion of a rental facility, dwelling, commercial unit or dwelling unit shall be considered owner-occupied if the owner makes his primary residence therein. A person may have only one primary residence in the Borough.
PERSON — An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENTAL FACILITY --- Every building, group of buildings or condominiums or a portion thereof consisting of more than three dwelling units, 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 for one or more individuals.
RENTAL UNIT — A dwelling unit which is used, occupied or offered for occupancy by lease, rent or otherwise, to persons other than the owner. Rental unit shall not include that portion of a rental facility, dwelling, commercial unit or dwelling unit that is owner-occupied. For purposes of this Article, any dwelling unit where the dwelling unit is occupied by a person or persons other than the owner, even if rent or other consideration is not being charged or collected, shall be considered a rental unit.
RENT or RENTED — Occupied by any person or persons other than the owner, regardless of whether there is a written or oral agreement and regardless of whether the owner receives consideration for the occupancy.
TENANCY — Occupancy of the unit by one or more tenants.
TENANT — Occupant in a unit other than the owner.
§ 2. Registration.
All rental units and rental facilities shall hereafter be registered with the Borough Clerk or designee of the Borough of Lindenwold, or such other person as designated by the Borough Council, in writing, on forms which shall be provided for that purpose, and which shall be obtained from the Borough Clerk or designee. Such registration shall occur on an annual basis, as provided herein. No rental unit shall hereafter be rented unless the rental unit is registered and licensed in accordance with this Article.
§3. Registration; initial registration provisions.
Each rental unit shall be registered annually prior to the license year. The initial registration shall occur on or before January 1, 2009. Any lease which has been executed prior to the adoption of this article shall not be affected, but the rental unit must nevertheless be registered, inspected and licensed in accordance with this article. Any license obtained in 2008 shall be valid for 2009. For new rental units that come into existence after January 1, 2009, the initial registration shall occur before the creation of the first tenancy in any new rental unit or newly constructed or reconstructed building. Each rental unit shall be re-registered with each change in occupancy.
§4. Registration forms; filing; contents.
Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units and rental facilities shall be registered and licensed, as provided herein. Every owner shall file with the Borough Clerk or designee of the Borough of Lindenwold, or such other person as designated by the Borough Council, a registration form for each unit contained within a building or structure, and for each rental facility which shall include the following information:
A. The name and address of the record owner or owners of the premises and the record owner or owners of the rental unit, if not the same persons. In the case of a partnership, the name and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals, where such individual may be reached both during the day and evening hours.
B. If the address of any record owner is not located in Lindenwold or in Camden County the name and address of a person who resides in Camden County and who is authorized to accept notices from the Borough or a tenant and to issue receipts therefrom and to accept service of process on behalf of the record owner.
C. The name, phone number 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 or the owner, if domiciled in Camden County, who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies, as the future of any essential service or system and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
F. The name and address of every holder of a recorded mortgage on the premises.
G.


H. If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.

The address of the rental unit. If the rental unit is located in a building with more than one dwelling unit, the address of the building, the number of dwelling units within the building, and the portion of the building to be used as a rental unit shall also be provided.
I.





J. As to each rental unit, a specification of the exact number and dimensions of sleeping rooms contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit a floor plan, drawn appropriately to scale, indicating the use and dimensions of each room covered by the registration, which shall become part of the application and which shall be attached to the registration form when filed with the Borough Clerk or designee.

Proof of a satisfactory inspection in accordance with Section 7 below.
K. Such other information as may be prescribed by the Borough of Lindenwold.
L. The proposed number of occupants for the rental unit, the name of the tenants and the names of all persons allowed to reside in the unit.
§5. Registration form; indexing and filing; public inspection; fee.
Upon receipt of a completed registration form complying with the requirements of Section 4 above, the Borough Clerk or designee shall index and file the registration forms. In doing so, the Borough Clerk or designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy 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 registration requirements of this article. The owner shall post the certificate of inspection or license in a conspicuous place on the premises of the rental unit.
§6. Registration form; amendments; filing.
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.
§7. Periodic inspections.
A.

Each rental unit and rental facility shall be inspected at least once every license year. Each rental unit shall be inspected before every initial occupancy, change in occupancy and/or change in the number of occupants, and the owner shall be required to obtain a Certificate of Inspection in accordance with this section before any occupancy shall be permitted.
B. Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Borough of Lindenwold and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Borough of Lindenwold shall not be used as a valid substitute.
C. Such inspection shall be for the purpose of determining zoning ordinance compliance, and to the extent applicable, compliance with this Article, the Borough’s Property Maintenance Code, the Uniform Construction Code, Housing Code and/or Building Code and/or Uniform Fire Safety Act. Inspections will be done on all interior, exterior, grounds, roads and driveways of all rental properties to ensure public health, safety and welfare of all occupants and the general public. Inspections will be for enforcement of the Borough’s Property Maintenance Code, the International Code Council Property Maintenance Code (I.P.M.C.), Existing Building Code (I.E.B.C.) and the Regulation for Maintenance of Hotels and Multiple Dwellings Code, with references to all International Code Council Model Codes, The National Electric Code and National Standard Plumbing Code. In addition to the above, the owner of a rental unit shall comply with the following:

(1) All carpeting, where provided or installed by the owner, shall be kept in good repair, properly attached to the floor surface which it is covering, and shall be steamed cleaned or cleaned by other means acceptable to the Local Housing Inspector, prior to occupancy by tenants or a change in tenants. Carpeting which is worn, damaged or becomes a trip hazard shall be properly repaired or replaced,

(2) All appliances which are provided or installed by the owner, including but not limited to, stoves, ovens, refrigerators, washers, dryers, freezers, and light fixtures, shall be maintained in proper working order at all times, and promptly repaired or replaced whenever necessary.

Where the inspection of the rental unit results in a satisfactory inspection, the inspector shall issue a Certificate of Inspection for the rental unit. The Certificate of Inspection shall state the maximum number of occupants for the rental unit, as determined by the inspection.
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 registered, nor shall a license or Certificate of Inspection issue, 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 to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, unless the nature of the deficiency and the applicable law upon which the inspection is made mandates a shorter time for repairs, in which event the shorter time shall govern. In the event that the conditions are not corrected within the thirty-day time period, or sooner where required, 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 this Ordinance. The owner, however, shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this article, for good cause shown. Where the applicable law upon which the inspection is made mandates that the property be vacated, the owner or its agent shall cause the rental unit to be vacated and any such failure to do so shall be a violation of this Chapter. Ordinance 1304-Relocation Assistance, shall also apply to any removal of a tenant due to a violation of this Chapter.
E. Multiple Inspections: It is the intent of this ordinance that each rental unit be inspected at least once a year but not necessarily more than once a year. In those instances where a unit is inspected for a reason other than the annual inspection under this ordinance, that inspection shall count as the annual inspection under this ordinance provided the same is permitted by the Administrative Code of the State of New Jersey. The owner shall be responsible for providing proof to the Local Housing Inspector that said inspection(s) was made and for obtaining written confirmation from the Borough that said inspection(s) satisfies the requirements of this Chapter.
§8. Access for inspections; repairs.
A. The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units and rooming/boarding houses, in order that they may promote the purposes of this article to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and rooming/boarding houses and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units and rooming/boarding houses at all reasonable times. The owner or occupant of every rental facility, rental unit and rooming/boarding house shall give the inspecting officer free access to the rental facility, rental unit and rooming/boarding house at all reasonable times, for the purpose of such inspections, examinations and surveys.
B. Every occupant shall give the owner of the rental facility, rental unit and rooming/boarding house access to any part of such rental facility, rental unit and rooming/boarding house at all reasonable times for the purpose of making such repairs or alterations, as are necessary, to effect compliance with the provisions of this article or any lawful order issued pursuant thereto.
C. Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this article, an inspecting officer shall conduct an inspection as hereinbefore provided.
D. In the event that the owner and/or occupant of a unit subject to inspection under this ordinance refuses access to an inspection officer that officer shall make application to the Lindenwold Municipal Court, with notice to the objector, for an administrative search warrant which the Court will issue if the Court concludes that the reason for the proposed inspection is the enforcement of the ordinance.
§9. Prohibitions on occupancy.
A. No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Lindenwold which is not registered and licensed in accordance with this article.
B. No owner, agent, broker or person shall purchase, sell, rent, lease or use in such a manner as to result, permit or allow any person(s) to occupy or live in, as occupant, tenant or otherwise, any dwelling unit or rental unit or other structure, unless a Certificate of Occupancy shall first have been obtained.
C. A tenant who occupies a rental unit which is not registered and/or licensed and who does so in good faith and without knowledge of the requirement that such rental unit must be registered and licensed and who is supplied a written warning advising of the requirements of this Article, shall have a period of three business days to cause the rental unit to be registered and licensed in accordance with this article or, failing to do so, shall vacate said premises or otherwise be subject to the penalty provisions herein.
§10. License.
Upon the filing of a completed registration form, payment of the prescribed fee set forth in §11 hereof, and a satisfactory inspection, as evidenced by the issuance of a Certificate of Inspection pursuant to §7 herein, the owner shall be entitled to the issuance of a license commencing on the date of issuance and expiring on the same day of the next calendar year, , at which time a new registration and license shall be required. A registration form shall be required for each rental unit, and license shall issue to the owner for each rental unit, even if more than one rental unit is contained in the property. In the event that a licensed property is sold, assigned or transferred during the license year, the rental license shall be transferrable to the new owner, provided that an amended registration form is filed in accordance with §6.
§11. Fees.
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 annual registration fee (which includes the annual inspection fee) as follows:
(1) $50 per rental unit.
(2) $150 per rental facility.

B.



C. An amended registration fee as follows:
(1) $25 per unit
(2) $75 per rental facility

A re-inspection fee as follows:
(1) $50 per unit;
(2) $150 per rental facility;

D. Late Charges
For any fee paid more than 30 days after its due date there shall be a late fee of $50.00 per month.
E. No License shall issue without payment in full of all fees required in this Article.
§12. Providing registration form to occupants and tenants.
Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the registration form required by this article. This particular provision shall not apply to any hotel, motel or guesthouse registered with the State of New Jersey, pursuant to the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).
§13. Maximum number of occupants; posting.
A. The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of this Ordinance.
B. Only those occupants, whose names are on file with the Borough of Lindenwold, as required in this article, may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a non-registered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of this Ordinance.
§14. Occupant(s) standards.
A. Occupants. Only those occupants, whose names are on file with the Borough Clerk, as provided in this article, may reside in the licensed 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. The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person to allow a greater number of occupants than the posted maximum number to occupy the rental unit for sleeping or dwelling purposes. For purposes of this subsection the term “person” is intended to mean owner, tenant or guest of the rental unit.

B. Nuisance prohibited. No rental unit or rental facility shall be used, operated or maintained 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 it shall constitute a nuisance, as defined in the ordinances of the Borough of Lindenwold.
C. Compliance with other laws. The maintenance of all rental units and rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the Borough of Lindenwold, and with all applicable state and federal laws.

§15. Revocation of license; procedure.
A. Grounds. 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 any Borough Ordinance.
(4) A pattern of permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(5)


(6)


(7)


(8)



(9)


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 person or property.

A false, misleading or fraudulent statement made in connection with the registration, licensing or inspection of a rental unit or rental units.

Maintaining a rental unit or rental units, or the property in which the rental unit is located in such a way as to create a nuisance, as defined by N.J.S.A. 2C:33-12.

A pattern of failing to maintain a rental unit or rental units, as evidenced by three (3) or more unsatisfactory inspections pursuant to §7 above. It need not be shown that the unsatisfactory inspections were during any single license term.

Failing to pay any fee or fine required under this chapter or any other municipal ordinance when due, or failing to pay municipal taxes, water and sewer charges or any other municipal assessments, on a current basis.

B. Procedure; written compliant; 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, Local Housing Inspector, Zoning Enforcement Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Borough Clerk 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 the filing of such written complaint, the Borough Clerk or designee shall immediately inform the Borough, and a date for a hearing shall be scheduled, which shall not be sooner than 10 nor more than 30 days thereafter. The Borough Clerk 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 Borough Governing Body, unless, in its discretion, the Borough determines that the matter should be heard by a Hearing Officer, who shall be appointed by the Borough. If the matter is referred to a Hearing Officer, such officer shall transmit his findings of fact and conclusions of law to the Borough within 30 days of the conclusion of the hearing. The Borough 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 Borough, then the Borough shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the license, or determining that the license shall not be renewed or reissued for one or more subsequent license years.
(4) A stenographic transcript may be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally controls administrative hearings.
(5) The Borough Solicitor 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 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, or eviction of the tenant(s) or other enforcement action. The burden of proving such defense shall be on the owner.

§16. Severability.

If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this Ordinance.

§17. Inconsistencies.

All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency.
Article III. Violations, penalties, severability.
1. Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Lindenwold, or such other court having jurisdiction, be liable to a fine not exceeding $1,000, or imprisonment, for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article. Each separate rental unit that fails to conform to this Ordinance shall be deemed a separate and distinct violation for each day that the violation occurs within the particular rental unit.
2. In the event any court determines any section or portion of this Ordinance to be unenforceable, the remaining sections of this Ordinance shall survive and be enforceable.
BE IT FURTHER ORDAINED, that this Ordinance shall take effect after final passage and publication according to law.

Mayor opened the meeting to the public for any questions or comments. There being no one from the public desiring the floor, the meeting was closed to the public.

Motion was made by Councilman Strippoli, second by Councilman Balmer that Ordinance #1294 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

Second Reading Ordinance #1295
THE BOROUGH OF LINDENWOLD SOLID WASTE MANAGEMENT UTILITY

§22-1 RECYCLING.
§22-1.1 Definitions.
a. As used in this section, the following terms shall have the meanings indicated:
Commingled shall mean a combining of non putrescible source-separated recyclable materials for the purpose of recycling.
Designated recyclable materials shall mean those materials designated within the Camden County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include:
01- Aluminum cans -Food and beverage containers made entirely of aluminum.
03- Computer printout/white ledger - All-computer paper, all high-grade white paper (including letterhead, typing paper, copier paper, onionskin, tissue and note pad).
06- Corrugated - Containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
07- Glass containers - AU glass containers used for packaging food or beverages.
10- Leaves and brush leaves - Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
11- Magazine and junk mail magazine stock - White and colored paper and envelopes, telephone directories and books.
13- Mixed Office Paper - Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper. Material is generated by commercial/institutional sources.
14- Newspaper - All paper marketed as newsprint or newspaper and containing at least seventy (70%) percent newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
15- Plastic containers - Containers such as polyethylene terephthalate (PETE -#1) soda bottles, high-density polyethylene (HDPE -#2) milk, and water or detergent bottles.
17- Steel cans - Rigid containers made exclusively or primarily of steel, tinplated steel, and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
18- Stumps, logs and tree parts - Unfinished wood from land clearing projects, storm damage or pruning activities.
19- Textiles - Textiles larger than 15" x 15" (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belts, shoes, handbags and small stuffed animals).
20-Tires - Rubber-based scrap automotive and truck tires.
22- Used Motor Oil -A petroleum base or synthetic oil whose use - includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
CLASS MATERIAL AND DEFINITION
01- Aluminum cans - Food and beverage containers made entirely of aluminum.
02- Antifreeze - An automotive engine coolant consisting of a mixture of ethylene glycol and water or propylene glycol and water.
03- Computer printout/white ledger - All computer paper, all high-grade white paper (including letterhead, typing paper, copier-paper, onionskin, tissue and note pad).
04- Concrete, asphalt and masonry/paving material - Asphalt, concrete, brick, cinder block, "patio blocks," and other masonry and paving materials.
05- Consumer batteries - Any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional, or household use. (Does not include lead-acid batteries from vehicles).
06- Corrugated - Containers, brown grocery bags, and similar paper items, usually used to transport supplies, equipment, parts or other merchandise.
07- Glass containers - All glass containers used for packaging food or beverages.
08- Heavy iron - All structural steel or ferrous metal, cast iron components.
09- Lead-acid - batteries -Batteries from automobiles, trucks, other vehicles and machinery and equipment, which shall be stored in a manner that protects them from the elements to avoid corrosion and leakage.
10- Leaves and brush leaves - Brush and other yard trimmings, including grass clippings, from institutions, commercial or industrial sources.
11- Magazine and junk mail magazine stock - White and colored paper and envelopes, telephone directories and books.
12- Mercury containing devices - Including fluorescent and compact tubes, High Intensity Discharge (HID) and neon lamps, electrical switches, thermostats, thermometers and any batteries containing mercury.
13- Mixed office paper - Items listed in computer printout/white ledger category when mixed with envelopes, manila binders and color paper. Material is generated by commercial/institutional sources.
14- Newspaper - All paper marketed as newsprint or newspaper and containing at least seventy (70%) percent newsprint or newspaper (American Paper Institute grades #6, #7 and #8-news).
15- Plastic containers - Containers such as polyethylene terephthalate (PETE - #1) soda bottles, high-density polyethylene (HDPE - #2) milk, and water or detergent bottles.
16- Scrap autos - Crushed or shredded automobile or truck bodies, excluding auto shredder residue or "fluff."
17- Steel cans - Rigid containers made exclusively or primarily of steel, tinplated steel, and composite steel and aluminum cans used to store food, beverages, paint and a variety of other household and consumer products.
18- Stumps, logs and tree parts - Unfinished wood from land clearing projects, storm damage or pruning activities.
19- Textiles - Textiles larger than 15" x 15" (e.g. clean clothing, drapes, curtains, sheets, towels, cloth, belt, shoes, handbags and small stuffed animals).
20- Tires - Rubber-based scrap automotive and truck tires.
21- Used consumer electronics - Any appliance used in a business that includes circuitry. Includes components and subassemblies of the electrode products. Examples include computers and peripherals, printers, copiers, VCRs, televisions, cell phones and fax machines, etc.
22- Used motor oil - A petroleum base or synthetic oil whose use includes, but is not limited to, lubrication of internal combustion engines, which through use, storage or handling has become unsuitable in its original purpose due to the presence of impurities or loss of original properties.
23- White goods and light iron - All large appliances such as washers, dryers, refrigerators, etc., as well as products made from sheet iron, such as shelving, file cabinets, metal desks, recycled or reconditioned steel drums, and other nonstructural ferrous scrap.
24- Wood scrap - Unfinished lumber from construction or demolition projects including pallets. Unfinished shall mean nonchemically treated (not pressure treated, impregnated with preservatives, insecticides, fungicides, creosote, or other chemicals, and not painted, resin-coated or otherwise surface treated, and not laminated or bonded, and not similarly altered from its natural condition).
25- Nonferrous and aluminum scrap - All non-container aluminum, stainless steel, copper, zinc, brass, and other metals which generally do not rust;
Multifamily dwelling shall mean any building or structure, or complex of buildings in which three (3) or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a.) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (C.55: 13A-1 et seq.);
Municipal Recycling Coordinator shall mean the person or persons appointed by the municipal Governing Body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
Municipal solid waste (MSW) stream shall mean all solid waste generated at residential, commercial, and institutional establishments within the boundaries of the Borough of Lindenwold;
Recyclable material shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
Source-separated recyclable materials shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
Source separation shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.

§22-1.2 Source Separation; Exemption from Source Separation Requirements.
a. Mandatory Source Separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the Borough of Lindenwold, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Borough of Lindenwold.
b. Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity, the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material.

§22-1.3 Collection and Disposal of Recyclable Materials.
Residential curbside collection, as provided by and in accordance with the current existing recycling program, as administered by the office of the Recycling Coordinator;
a. Recyclable material includes aluminum (01) and steel (17) cans, glass containers (07) and plastic containers (15). Recyclable material shall be commingled and placed curbside in a reusable 30-gallon (maximum) container. Recyclable containers and cans must be rinsed and free of lids, metal rings and paper labels.
b. Recyclable fiber material includes computer and white paper (03), corrugated (05), magazine and junk mail (11), mixed office paper (13) and newspaper (14). Recyclable fiber material shall be commingled and placed curbside in a reusable 30-gallon (maximum) container or bundled and tied.
c. Other mandatory recyclable material may be disposed of at any authorized recycling center, which will accept such materials or may be donated or sold to any person, partnership or corporation, whether operating for profit or nonprofit.
All containers used for the purpose of recycling shall be marked and designated recyclable material only." All containers shall be kept clean and in a safe manner.

§22-1.4 Residential Dwelling Compliance Requirements.
The owner of any property shall be responsible for compliance with this section. For multi-family units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six (6) months during their occupancy.

§22-1.5 Nonresidential Establishment Compliance Requirements.
a. All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
b. The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
c. Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.
d. All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Officer.

§22-1.6 New Developments of Multi-Family Residential Units or Commercial, Institutional, or Industrial Properties (Pursuant to N.J.S.A. 13:1E-99.13a and 99.16c.)
a. Any application to the Planning Board of the Borough of Lindenwold, for subdivision or site plan approval for the construction of multi-family dwellings of three (3) or more units, single-family developments of fifty (50) or more units or any commercial, institutional, or industrial development for the utilization of one thousand (1,000) square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
1. A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development and
2. Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
b. Prior to the issuance of a certificate of occupancy by the Borough of Lindenwold, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
c. Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.

§22-1.7 Prohibition of the Collection of Solid Waste Mixed with Recyclable Materials.
a. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
b. It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code.
c. Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.

§22-1.8 Enforcement.
The Code Enforcement Official, the Recycling Coordinator, the Property Maintenance Official, all members of the Police Department, and the Camden County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.

§22-1.9 Violations and Penalties.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than two hundred fifty ($250.00) dollars, nor more than one thousand ($1,000.00) dollars. Each day for which a violation of this section occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.

§22-1.10 Severability, Effective Date.
In the event that it is determined, by a Court of competent jurisdiction, that any provision or section of this section is unconstitutional, all other sections and provisions shall remain in effect. This section shall take effect immediately, unless otherwise provided by resolution of the Governing Body.


§22-2 GARBAGE AND REFUSE.
§22-2.1 Definitions.
As used in this section:
Combustible wastes shall mean yard trimmings, rags, wood, cardboard and other combustible waste solids of a nonvolatile or explosive nature.
Garbage shall mean animal or vegetable waste solids resulting from the handling, preparation, cooking and consumption of food.
Noncombustible wastes shall mean all solid waste material which does not burn.
Refuse shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, and solid market and industrial wastes, whether combustible or noncombustible.
Rubbish shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes.

§22-2.2 Receptacle Requirements.
a. The owner, agent, lessee, tenant, or occupant of every dwelling house or other premises where refuse accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight fitting covers for receiving and holding the refuse.
1. "Sufficient" is defined for the purpose of this section to be at least one (1) receptacle for each family unit or other occupant of premises and at least two (2) such receptacles for each commercial or business establishment where the aforesaid refuse shall accumulate, but each occupant of premises shall provide sufficient receptacles to store all refuse which may be accumulated there between the times when such refuse is disposed of as hereinafter provided.
2. "Suitable" is defined for the purpose of this section to be a water-tight metal, rubber or plastic receptacle with a tight fitting cover so constructed as to prevent spilling or leakage of its contents.
b. Each receptacle for use at a single residence shall have a capacity of not more than thirty (30) gallons and be equipped with a pull handle or handles. The receptacles herein required, together with their contents, shall be of such weights and designs as to be conveniently handled by one man, and no receptacle and contents shall weigh more than 50 pounds. No item or article shall be more than three feet in length.
c. Receptacles for refuse from multi-dwelling units or industrial premises may have a greater capacity than that prescribed in paragraph b. of this subsection provided they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
d. Receptacles that are badly broken or otherwise fail to meet the requirements of this section, may be classed as refuse and collected and disposed of as such by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable under the definition of this section at some previous time without a written notice being delivered to the owner of the fact that the receptacle is not deemed suitable at least ten (10) days before the receptacle is collected.
e. Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such a manner with the cover in place as to prevent creation of a nuisance or menace to public health. The receptacles containing the contents, as herein defined, and other debris, as herein defined, shall be placed at the curb of the premises from which the removal is to be made, as aforesaid, or in front of or along the side of the respective premises, as aforesaid, on the days and times when the collections of such ashes, refuse, rubbish, garbage or other substances, as hereinabove defined, are made.

f. No such receptacles with their contents, as herein defined, or other debris, as herein defined, shall be placed on the sidewalk for collection prior to 7:00 p.m., local time, of the day prior to the day when such materials and substances are to be collected in the particular district or districts designated for collection. No such receptacle and the contents, as herein defined, or other debris, as herein defined, shall be placed in front of any street, alley, lane, road, highway or public place, nor in front of or along the side of the property occupied by another without the consent of such other occupant.

§22-2.3 Preparation for Collection; Frequency.
a. Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper or placed in paper bags and placed in a receptacle as herein described.

b. Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering. The bundles or packages shall be of a size and weight to permit ease of handling by one (1) man and shall be packaged or otherwise assembled in quantities weighing not more than fifty (50) pounds.
c. Receptacles for refuse shall not be set out for collection except during hours of a day scheduled for collection of refuse or the evening before.
d. The person occupying any premises whereon a business or industry is conducted shall arrange for the removal of refuse from such premises each day unless sufficient and suitable facilities are provided and used for the storage of such refuse within a building on such premises until the refuse is removed.
e. The person occupying any premises shall be required to arrange for the pickup or collection of refuse from the premises at least once a week during a period when the premises are being occupied and used by such person.

§22-2.4 Refuse Disposal.
No refuse shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with standards established by the State Department of Environmental Protection.

§22-2.5 Nuisance.
The storage, collection or disposal of refuse in violation of any provision of this section is hereby declared to be a nuisance and detrimental to public health.

§22-2.6 Additional Regulations.
The Code Enforcement Officer may, by regulation approved by the Borough of Lindenwold Council, adopt rules and regulations to carry out the provisions of this section and the violation of such rules and regulations shall constitute a violation of this section.

§22-3 SOLID WASTE UTILITY.

§22-3.1 Created.
a. A solid waste utility is hereby created to transact the collection and disposal of solid waste, as provided by law.
b. Said solid waste utility shall be self-liquidating with a dedicated budget as provided by N.J.S.A. 40A:4-34 through 40A:4-36.

22-3.2 Recovery of Costs; Fees.
The costs associated with the collection and disposal of solid waste shall be recovered as may be provided in the contract or contracts made by the Borough of Lindenwold for such services, plus uniform fees fixed from time to time by the Borough of Lindenwold Council and collected from the property owners to whom the service is available.

§22-3.3 Service Charge.
There is hereby established a solid waste service charge to be imposed annually upon the owners of those properties for which solid waste collection and disposal service is made available by the Borough of Lindenwold. The funds so collected shall be paid into the dedicated Solid Waste Utility Fund of the Borough of Lindenwold.

§22-3.4 Computation of Service Charge.
The solid waste service charge for residential properties served, unless and until nonresidential properties are served, shall be computed by dividing the approved annual budget of the Solid Waste Utility by the number of residential units to which the service will be made available by the Borough of Lindenwold.

22-3.5 Payment of Service Charge.
a. Upon approval of the annual service charge by the Borough of Lindenwold Council, the Borough of Lindenwold Manager shall bill the owner of each property to which the service is available, based upon the number of residential units therein, during the first thirty (30) days of each year or as soon thereafter as is practical. The annual solid waste service charge shall be paid in two (2) equal installments, the first being due on February 1 and the second on August 1 each year.
b. The charges hereby imposed shall be payable to the Borough of Lindenwold, and each payment shall draw the same interest as taxes upon real estate beginning thirty (30) days after the due date and shall be a lien upon the property to which service was made available until paid. The Borough of Lindenwold shall have the same remedies for collection of the charges hereby imposed, with interest, costs and penalties, as it has by law for the collection of taxes on real estate.
c. Owner occupants of residential units served by the solid waste utility who are age sixty-five (65) and older and who qualify for a New Jersey senior citizen property tax credit may apply for an annual twenty-five ($25.00) dollar credit against the annual solid waste utility billing. Said applications must be in writing on a Borough of Lindenwold provided form and must be updated as per New Jersey property tax requirements.

Mayor opened the meeting to the public for any questions or comments. There being no one from the public desiring the floor, the meeting was closed to the public.

Motion was made by Councilman Strippoli, second by Councilman Balmer that Ordinance #1295 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.