Beruflich Dokumente
Kultur Dokumente
Council President Murphy called the meeting to order at 7:02 pm and read the
Open Public Meetings Statement:
The notice requirements provided for in the “Open Public Meetings Act” have
been satisfied. Notice of this meeting was properly given in a notice which was
transmitted to the Times of Trenton and the Trentonian, filed with the Clerk of the
Township of Ewing and posted in the Ewing Township Municipal Complex, all on
the 8th day of January, 2010.
ROLL CALL
CONSENT AGENDA
1. Approval of minutes of the meeting of June 21st, 2010 (Agenda) and June
22nd, 2010 (Regular).
Attorney Hartsough indicated that the Police Department had reviewed and
approved the application for the permit.
Mr. Steinmann moved the Ordinance, seconded by Mr. Cox. Mr. Summiel felt
that the Ordinance should go to the Planning Board before coming to
Council.
WHEREAS, residents along Louisiana Avenue have requested the extension of the two
hour parking limit on Louisiana Avenue beginning at Crescent Avenue to be extended to
Oak Lane to Green Lane; and
WHEREAS, Section 225-51, Schedule IV of the Code regulates Time Limit Parking on
Streets;
NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township
of Ewing that the Revised General Municipal Ordinances of the Township of Ewing be
amended as follows:
Section 1: Section 225-51, entitled “Schedule IV: Time Limit Parking”, of the
Revised General Municipal Ordinances of the Township of Ewing is hereby amended as
follows:
Name of Street Side Time Limit: Location
Hours/Days
Louisiana Avenue Both 2 hours, 8:00 a.m. to Crescent
Avenue
7:00 p.m. Monday Oak Lane to
Through Friday Green Lane
Section 2 This Ordinance shall take effect after final passage and publication
according to law.
STATEMENT
This Ordinance amends the Revised General Municipal Ordinances of the
Township of Ewing to extend Time Parking Limits on a portion of Louisiana Avenue
The public hearing was opened and, there being no comments, then closed. Mr.
Summiel indicated that he had discussed the process with the Chief of Police and
was satisfied.
WHEREAS, the Landlord Identity Law, N.J.S.A. 46:8-27 et. seq. requires registration by
landlords of rental units;
Section 1. Chapter 284, Rental Property of the Code of the Township of Ewing is
hereby amended as follows:
A. The term "landlord” shall mean the person or persons who own or purport to own, or
exercise control of any building or project in which there is rented or offered for rent housing
space for living or dwelling purposes under either a written or oral lease, provided that this
definition shall not include owner-occupied two unit premises.
B. No person shall hereafter occupy any rental unit, nor shall the landlord or owner
permit occupancy of any rental unit within the Township, which is not registered, if
required, in accordance with this section.
C. Each rental unit shall be inspected upon each change in tenancy or occupancy. No
tenant shall occupy a rental unit where a Certificate of Occupancy has not been issued by
the Construction Official.
No rental unit may be registered and no license shall be issued for any property
containing a rental unit unless all municipal taxes, sewer charges and any other municipal
assessments are paid on a current basis.
A violation is a failure to register a residential rental unit. Any person violating any of the
provisions of this chapter shall be subject to a penalty of not more than $500.00 for each
offense, recoverable by a summary proceeding under "the penalty enforcement law"
(N.J.S.2A:58-1 et seq.).
Section 2. Chapter 172, FEES, Section 172-31, Rental Property Registration, of the
Code of the Township of Ewing is hereby amended as follows:
The following fees shall be payable pursuant to Chapter 284, Rental Property, Article I II,
Licensing and Landlord Registration:
Section 3. This ordinance shall take effect upon final passage and publication in
accordance with law.
STATEMENT
This Ordinance amends the Revised General Municipal Ordinances of the Township of
Ewing to require landlord registration of certain residential rental units.
The public hearing was opened. Dave DePallo (61 Brophy Drive) asked about
the frequency of inspections. Attorney Hartsough responded they would
continue as being with changes in occupancy. Registration would be an
annual. In response to a question by Ken Brett (72 6th St, the Attorney stated
that the ordinance applied to 1 and 2 unit residential properties not occupied
by the owner.
The public hearing was then closed and Mr. Summiel moved the Ordinance,
seconded by Mr. Cox.
WHEREAS, P.L.2009, c.170 was enacted to permit the adoption of Ordinance holding
landlords to standards of responsibility in the selection of tenants and supervision of the
rental premises, such landlords may be required to post adequate bond against the
consequences of disorderly behavior of their tenants, and in the case of subsequent
violations forfeit such bond, in whole or part, in compensation for the consequences of
such behavior.
Section 1. Chapter 284, Rental Property of the Code of the Township of Ewing is
hereby amended by adding the following NEW ARTICLE II, LANDLORD
RESPONSIBILITY, as follow s:
The purpose of this Article is to enable the Township of Ewing to take effective
action to assure that excesses arising from irresponsible rentals, when they occur, shall
not be repeated, and that landlords be held to sufficient standards of responsibility in
order to preserve the peace and tranquility of the Township for its permanent residents.
Section 284-11 Definitions.
”Hearing Officer” shall mean a licensed attorney of the State of New Jersey appointed by
the Mayor, who shall not be an owner or lessee of any real property within the
municipality, nor hold any interest in the assets of or profits arising from the ownership
or lease of such property.
"Landlord" means the person or persons who own or purport to own a building in which
there is rented or offered for rent housing space for living or dwelling under either a
written or oral lease which building contains no more than four dwelling units.
A. The Mayor, or officer or employee designated pursuant to Section 284-12, shall cause
to be served upon the landlord, in person or by registered mail to the address appearing
on the tax records of the Township, notice advising of the institution of such proceedings,
together with particulars of the substantiated complaints upon which those proceedings
are based, and of the time and place at which a hearing will be held in the matter, which
shall be in the municipal building, municipal court or other public place within the
municipality, and which shall be no sooner than 30 days from the date upon which the
notice is served or mailed.
A. At the hearing convened pursuant to this Article, the hearing officer shall give full
hearing to both the complaint of the Township and to any evidence in contradiction or
mitigation that the landlord, if present or represented and offering such evidence, may
present. At the conclusion of the hearing the hearing officer shall determine whether the
landlord shall be required to post a bond in accordance with the terms of this Article.
B. Any bond required to be posted shall be in accordance with the judgment of the
hearing officer, in light of the nature and extent of the offenses indicated in the
substantiated complaints upon which the proceedings are based, to be adequate in the
case of subsequent offenses to make reparation for
2. securing the payment of fines and penalties likely to be levied for such
offenses, and
3. compensating the municipality for the costs of repressing and prosecuting such
incidents of disorderly behavior; but no such bond shall be in an amount less than $500 or
more than $5,000. The municipality may enforce the bond thus required by action in the
Superior Court, and shall be entitled to an injunction prohibiting the landlord from
making or renewing any lease of the affected premises for residential purposes until that
bond or equivalent security, in satisfactory form and amount, has been deposited with the
municipality.
C. A bond or other security deposited in compliance with this section shall remain in
force for a period recommended by the hearing officer but not less than two nor more
than four years. Upon the lapse of the specified period the landlord shall be entitled to the
discharge thereof, unless prior thereto further proceedings leading to a forfeiture or
partial forfeiture of the bond or other security shall have been had under Section 284-15,
in which case the security shall be renewed, in an amount and for a period that shall be
specified by the hearing officer.
A. If, during the period for which a landlord is required to give security pursuant to the
Section 284-14, a substantiated complaint is recorded against the property in question, the
Mayor or the Mayor’s designee may institute proceedings against the landlord for the
forfeiture or partial forfeiture of the security, for an extension of the period for which
such security is required, or for an increase in the amount of security required, or for any
or all of those purposes.
C. A landlord may recover from a tenant any amounts of security actually forfeited as
described in this section.
Section 2. This ordinance shall take effect upon final passage and publication in
accordance with law.
STATEMENT
This Ordinance amends the Revised General Municipal Ordinances of the Township of
Ewing to require certain landlords to post adequate bond against the consequences of
disorderly behavior of their tenants.
The public hearing was opened. Dave DePaulo asked about notices being sent to
landlords about violations; Attorney Hartsough said that owners would be
notified of any violations.
The public hearing was then closed and Mr. Summiel moved the Ordinance,
seconded by Mr. Steinmann.
Mr. Steinmann suggested that the Ordinance might be tabled until the
Administration develops a plan to inform the public of its contents.
Mayor Ball stated that he thought the Ordinance could become effective September
1, while Attorney Hartsough thought that October 1 was a more realistic date.
They included Charles Green, Kate Tuttle, Mike Flack (7 Brophy Dr), Trish
DeCello (7 Chelmsford), Greg Wishnabe, Ken Bentley, Megan Jacobs (6 Westwood),
Ron Prykanowski (16 Thurston), Mike Summers (27 Shelburne),Mildred Russell
(119 King) Mary Corrigan (111 Broad Ave) Herb Thorp (Main Blvd) Betty Hagel
(66 Mountain View Dr) Jeff Lenarski (2321 Spruce St) Ron Dykus (160 Upper Ferry
Rd) who spoke about a variety of different issues. It was also suggested to pit the
latest version of the Ordinance on the Township website so residents could read it
and make additional comments.
The number of garbage receptacles, the disposition of leaves and grass clippings,
picking up trash at rental houses and the use of wood chippers were among the
areas of concern.
After these comments, Mr. Steinmann moved to continue the public hearing,
seconded by Mr. Summiel. The motion was approved by voice vote.
COUNCIL REPORTS
Kate Tuttle (8 Locke Ct), Charles Green (979 Bear Tavern Rd), Matt Kemp (4 Wild
Cherry Lane), Bob Litz (Hardwick Dr), all spoke against the layoffs of the police
officers and other Township employees, and in favor of keeping the School Resource
Officers in the schools. They noted that the layoffs would have a detrimental impact
on public safety and that Ewing’s police, fire and sanitation employees were what
make the Township special.
Robert Litz asked about Township wide furloughs a s a way to save money., ;
President Murphy urged the Mayor to bargain with the unions and be more specific
about the options that were available.
There being no further business, President Murphy called for a motion to adjourn.
Ms. Wollert so moved, seconded by Mr. Steinmann. The meeting was adjourned at
9:44 pm.
________________________________ _______________________________
Joseph Murphy, Council President Stephen W. Elliott, Municipal Clerk