[HISTORY: Adopted by the Board of Commissioners
of the City of Margate City 4-28-1983 by Ord. No. 1983-4. Amendments noted where applicable.]
[Amended 1-25-1988 by Ord. No. 1988-1]
The Construction Code Official or his designated
inspector is hereby designated as the officer to exercise the powers
prescribed by this chapter and to enforce the provisions thereof.
All reference hereafter in this chapter to the "Construction Code
Official" shall relate to and include the person or persons designated
by the Construction Code Official as his designated inspector.
No dwelling unit or apartment shall be rented
or offered for rent without first being licensed.
[Amended 9-12-1985 by Ord. No. 1985-12; 2-12-1987 by Ord. No. 1987-2; 1-12-1990 by Ord. No. 1989-21; 3-22-1990 by Ord. No. 1990-64-4-2007 by Ord. No. 2007-9; 4-2-2009 by Ord. No. 04-2009]
Application for such license shall made to the
Building Department on forms provided by said Department. The fee
for such application shall be $100 for each dwelling unit or apartment.
The dwelling unit or apartment must be rented or occupied within 60
days of the date the rental license is issued.
A.
After completion of the application, the Building
Department shall cause an inspection to take place within 10 days
of the filing of the application, and after said inspection, if all
is in accord with the 1990 BOCA Property Maintenance Code and amendments,[1] federal, state and local government codes, the Construction
Code Official shall issue a permit for said use immediately.
[Amended 1-25-1988 by Ord. No. 1988-1; 9-9-1993 by Ord. No. 1993-15]
B.
If, after the inspection, the apartment or dwelling
does not comply with the aforementioned codes, then, in that event,
the applicant must take the necessary steps to correct the defect,
and then a reinspection shall occur within 10 days after request by
the applicant, said reinspection being without a fee.
C.
If a third inspection is required, then a basic charge
of $10 shall be assessed, with a charge of $5 for every additional
unit over one that is reinspected for the third time.
[Amended 9-12-1985 by Ord. No. 1985-12]
[Added 7-6-2023 by Ord. No. 09-2023]
A.
At the time of the filing of the license application referred to in § 223-2 et seq., or at the time of any license amendment due to tenant turnover, every owner shall present to the Code Enforcement Office notice of the last tenant turnover date, as well as a valid lead-based paint evaluation unless specifically exempt as hereinafter provided. No license shall be issued by the City until this lead-based paint evaluation has been provided to the City's satisfaction.
B.
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.
C.
In the event that the inspection of a rental unit does not result
in a satisfactory inspection, such property shall not thereafter be
registered and shall not be licensed and the owner of the property
or agent shall not lease or rent or allow occupancy or such property
nor shall any tenant occupy such property until the necessary corrections
have been made so as to bring the property and rental unit into compliance
with the applicable code requirements pertaining to lead-based paint.
D.
If there are no findings of lead-based paint hazard in the initial
or any subsequent inspection conducted, the lead-based paint evaluation
inspector or representative of the City shall certify the unit as
lead-safe on a form prescribed by the Department of Community Affairs.
This lead-safe certificate shall be valid for three years. A copy
of the certificate shall be provided to tenants of the unit at inspection.
E.
Notwithstanding the provisions of Subsections A through D above, a dwelling unit, a single-family, two-family or rental dwelling shall not be subject to inspection evaluation for the presence of lead-based paint hazards if the unit:
(1)
Has been certified to be free of lead-based paint;
(2)
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;
(3)
Was constructed during or after 1978;
(4)
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 owner or a previous owner and has
no outstanding lead violations for the most recent cyclical inspection
performed in the multidwelling under the Hotel Multiple Dwelling law,
N.J.S.A. 50:13A-1 et seq.
(5)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months during each year by tenants that
do not have consecutive lease renewals.
[Amended 7-10-1997 by Ord. No. 1997-15]
A.
Said license
issued by the Building Department shall expire and be due for renewal
one year from its issuance. Each applicant shall reapply to the Building
Department of the City of Margate City, which application shall be
filed 30 days prior to the expiration date of the previous license
upon forms provided by the Building Department. If, in fact, the lessee
of the dwelling or apartment remains the same, reinspection shall
not be required to reissue a license unless three years have elapsed,
and during that three-year period no application fee shall be charged.
If three years have elapsed since the last inspection or reinspection
or new tenancy occurs, then in that event an inspection shall occur
under the conditions set forth in this section. If the dwelling unit
or apartment is part of a complex of 50 or more dwelling units, an
apartment reinspection shall only be required one year from date the
last license was issued regardless of the number of changes of tenants
during the term.
B.
Seasonal,
monthly, biweekly and weekly rentals shall be permitted during the
time period May 1 to September 30 under the terms and conditions set
forth herein. A rental license can be applied for any time after March
1. After completion of the rental license application, the Building
Department shall cause an inspection to take place in accordance with
the procedures and requirements set forth in the preceding paragraphs.
Additionally, the applicant must provide to the Building Department
a copy of each and every lease for the dwelling unit and a list containing
the name of each tenant prior to any tenancy or change in occupancy
to the dwelling unit or apartment.
[Added 4-2-2009 by Ord.
No. 04-2009]
The application for such license shall contain
the following information:
A.
The name, address and telephone number of the owner
of the dwelling unit or apartment and the name, address and telephone
number of the designated person of the licensee as submitted by the
licensee.
B.
The address of the dwelling unit or apartment and
an exact description of same, including the name, if any, and the
street and number by which the apartment or dwelling unit is designated.
C.
The exact number of sleeping rooms contained in the
apartment or dwelling, and the exact number of sleeping accommodations
contained in the dwelling shall be as follows:
(1)
Every dwelling unit shall contain at least 150 square
feet of floor space for the first occupant thereof and at least 100
additional square feet of space for every additional occupant thereof,
the floor space to be calculated on the basis of total habitable room
area.
(2)
In every dwelling unit of two or more rooms, every
room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
50 square feet of floor space for each occupant thereof. Notwithstanding
the foregoing, in every lodging unit, every room occupied for sleeping
purposes by one occupant shall contain at least 80 square feet of
floor space, and every room occupied for sleeping purposes by more
than one occupant shall contain at least 60 square feet of floor space
for each occupant thereof.
D.
A statement that the applicant for such license fully
understands that each apartment or dwelling for which a license is
issued under this chapter shall comply with all federal, state and
local requirements pertaining to housing codes and, further, that
said dwelling or apartment shall be kept in a safe, sanitary condition
and shall have proper and adequate light and ventilation and shall
be subject to inspection by the Construction Code Official of the
City of Margate City during reasonable hours in order that said Official
might ascertain if the apartment or dwelling complies with the provisions
of this chapter.
[Amended 1-25-1988 by Ord. No. 1988-1]
E.
Applicants shall provide proof of compliance with N.J.S.A. 40A:10A-1
et seq. which requires business owners and owners of a rental unit
or units to maintain liability insurance for negligent acts and omissions
as hereinafter provided.
[Added 1-5-2023 by Ord.
No. 26-2022]
(1)
The owner of a business or the owner of a rental unit or units shall
maintain liability insurance for negligent acts and omissions in an
amount of no less than $500,000 for combined property damage and bodily
injury to or death of one or more persons in any one accident or occurrence.
(2)
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance or
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
(3)
Applicant shall provide proof that the certificate of liability insurance
has been registered on an internet website maintained by the New Jersey
Division of Local Government Services.
(4)
No rental license shall be issued without applicant furnishing proof
that applicant is in compliance with these ordinance provisions concerning
liability insurance.
The City of Margate City shall prepare an application
form as required by this chapter and reserves the right to amend or
modify the same from time to time.
A.
Each licensee granted a license hereunder shall be permitted to lease the apartment or dwelling unit for which a license has been granted hereunder to the number of registered tenants permitted to sleep in said facility in accordance with state, local and federal codes and § 223-6C hereinabove. It shall be unlawful and in violation of this section for the licensee to lease an apartment or dwelling unit to a number or group of registered tenants which exceeds the total number of sleeping accommodations which have been set forth in the license request under this chapter, said number to have been determined and provided to the applicant prior to the issuance of a license.
B.
It shall be unlawful and in violation of this section
for an owner or, in the alternative, a tenant of any registered apartment
or dwelling unit to knowingly permit a number of people greater than
the maximum number of occupants as set forth in the license to occupy
said premises.
Each licensee granted a license hereunder shall
be required in its application to designate a person for the purpose
of receiving notice of violations of this chapter, which person may
be the licensee. Said person shall be required to reside within the
toll-free range of the City of Margate City, New Jersey, during the
entire time of the letting.
[Amended 1-25-1988 by Ord. No. 1988-1; 3-24-1994 by Ord. No. 1994-6]
After inspection and approval of the premises
by the Building Department, the license will issue only upon delivery
to the Building Department of a list containing the names, addresses
and telephone numbers of the tenants and/or occupants of the premises
for the term of the rental period. A copy of this list of tenants'
names shall also be kept upon the premises for inspection by the Construction
Code Official upon request. In the event that the tenants and/or occupants
change during the rental period, such information must be given to
the Building Department.
It shall be unlawful and in violation of this
section for any real estate broker, real estate salesperson or any
other individual to rent an apartment or dwelling that is not registered
as required by this chapter or to rent an apartment or dwelling unit
which the lease thereof provides for a number of occupants greater
than the maximum number of occupants permitted to occupy such apartment
or dwelling.
[Amended 3-22-1990 by Ord. No. 1990-6]
Each licensee hereunder shall advise any and
all tenants within their dwelling unit or apartment of the existence
of this chapter and the terms and conditions as set forth herein and
advise that their lease is subject to the terms and conditions of
this chapter. In addition, each licensee shall require that all tenants
sign a copy of the license, acknowledging that they are aware of the
requirements, which copy will be returned to the Margate City Code
Enforcement Officer prior to the tenant's taking possession of the
property.
Any license issued for the operation of an apartment
or dwelling unit hereunder may be suspended or revoked for violation
of federal, state and local codes and this chapter by the Board of
Commissioners after due notice to the licensee by certified mail,
return receipt requested. No suspension or revocation shall occur
until the applicant has failed to respond to the notice within 10
days after its receipt or upon a determination by the Board of Commissioners
after a hearing. The applicant must request a hearing within 10 days
after receipt of the above-mentioned notice, and a hearing must be
held within 15 days of the request by the applicant.
Any and all apartments or dwelling units shall
have contained in their lease language indicating that said lease
is subject to the rules and regulations as set forth under this chapter.
This section shall only apply to future leases, and any existing leases
need not comply.
[Amended 1-25-1988 by Ord. No. 1988-1]
Any person or persons who violate any of the
provisions of this chapter or the rules and regulations adopted pursuant
thereto and is or are found guilty of a violation thereof shall be
punished by a fine not exceeding $1,000 or imprisonment for a term
not exceeding 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
[Added 6-2-2005 by Ord. No. 2005-18]
A.
In addition to any other penalty prescribed herein,
an owner of a dwelling unit offered for rent may be subject to the
revocation or suspension of a rental license or having such license
placed in probationary status or other appropriate disciplinary action
upon the happening of one or more of the following:
(1)
Conviction of a violation of this chapter in the municipal
court or any other court of competent jurisdiction.
(2)
Following a determination by the City of Margate,
after a hearing, that a violation of this chapter has occurred.
(3)
A pattern of renting the dwelling unit(s) to one or more individuals or groups of individuals who, during any one twelve-month period, is/are convicted of three violations of Chapter 192, Noise, or a violation of any other City ordinance dealing with disorderly, indecent, tumultuous or riotous conduct, which convictions are related to or arising out of the use and occupancy of the rental unit(s) or attributable to acts upon or in proximity to the rental unit(s). In order to support disciplinary action under this section it need not be shown that convictions are of the same individual(s). It shall be sufficient to demonstrate that such convictions involved conduct occurring on three separate occasions over any twelve-month period.
(4)
A pattern of permitting the rental unit(s) to be occupied
by more than the maximum number of occupants as defined herein.
(5)
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.
(6)
A false, misleading or fraudulent statement made in
connection with the registration, licensing or inspection of a rental
unit or unit(s) under this chapter.
(7)
A pattern of conduct which results in creating, maintaining,
permitting or suffering the existence of any of the following conditions
at or about the rental unit:
(a)
A nuisance as that term is defined by N.J.S.A.
20:33-12; provided, however, that a conviction of such person or persons
under that statute shall not be required in order for the City to
take action relating to the rental license under this section.
(b)
The failure to comply with any directive of
the City concerning the abatement of conduct prohibited by Subsection
G(1);
B.
Whenever the Police Department shall have made an
arrest of or issued a summons to a tenant, occupant, guest or owner
on three or more occasions during any thirty-day period for an offense
related to or arising out of the use and occupancy of the rental unit(s),
the same shall be prima facie evidence of a violation of this chapter
with regard to rental licensing, provided that the owner and/or managing
agent shall have had notice of the existence of such circumstances
or conditions.
C.
It shall be a defense to any proceeding for the revocation
or suspension of a rental license to demonstrate 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 or suspension
proceeding, including but not limited to the institution of legal
action against the tenant(s) or otherwise. Evidence of such actions
on the part of the owner or managing agent, however, shall not preclude
the City from placing the rental license in probationary status as
provided in this chapter, nor shall it preclude the City from instituting
action pursuant to this chapter.
A.
A written complaint seeking the revocation or suspension
of a rental license may be filed by any of the following: the Mayor
or Commissioner, the Chief of Police or his designee, or the Construction
Code Official or his designee. The complaint shall be filed with the
City Clerk and shall be sufficiently specific to inform the licensee
of the charges pending and state the particulars of any substantiated
violations underlying the charges. The complaint may be filed on the
basis of information and belief and the Complainant need not rely
on personal knowledge or information.
B.
Upon the filing of such written complaint, the City
Clerk shall immediately mail a copy of the complaint to the licensee
and managing agent, if any, at the address indicated on the registration
form and to the name appearing on the tax records if different from
that of the licensee. The complaint shall be accompanied by a notice
informing the licensee and managing agent that a hearing will be scheduled
not sooner than 10 days nor more than 30 days after service of the
complaint upon the licensee or managing agent. The City Clerk shall
simultaneously notify the Board of Commissioners as to the filing
of such complaint and the date of service upon the licensee or managing
agent. The Board of Commissioners shall then fix a date for the hearing
unless the matter is to be heard by a hearing officer, in which event
the hearing officer shall fix the date for the hearing. The complaint
and all notices shall be sent by certified mail, return receipt requested,
and by regular first class mail.
C.
The hearing required by this section shall be held
before the Board of Commissioners unless, in its discretion, the Board
determines that the matter shall be heard by a hearing officer, who
shall be appointed by the Board of Commissioners.
D.
If the matter is referred to a hearing officer, such
officer shall transmit his findings of fact and conclusions of law
to the Board of Commissioners within 15 days of the conclusion of
the hearing. The Board of Commissioners shall then review the matter
and may accept, reject or modify the recommendations of the hearing
officer based on the documentary evidence and written findings of
fact and conclusions of law submitted by the hearing officer. In the
event the matter is not referred to a hearing officer and is heard
by the Board of Commissioners, then the Board shall render a decision
within 15 days of the conclusion of the hearing. Following the hearing,
a decision shall be rendered either 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. The
rental license may also be placed in probationary status as provided
herein.
E.
A verbatim record shall 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 control administrative hearings. Any
person shall be entitled to obtain a transcript of such hearing at
his sole cost and expense.
F.
The City Solicitor or his or her designee shall appear
and prosecute on behalf of the complainant in all hearings conducted
pursuant to this section.
A.
In lieu of a revocation or suspension of a rental
license, the Board of Commissioners may determine to place a license
in a probationary status. Once imposed, the probationary status shall
remain in effect for the remainder of that license term and may be
made applicable to the succeeding renewal term.
B.
The terms of the probationary status shall be specifically
set forth in a resolution of the Board of Commissioners, a copy of
which shall be served upon the owner, managing agent, rental agent,
if known, tenants, occupants, Police Chief and Code Enforcement Officer.
Such notice shall be served personally or by certified mail, return
receipt requested, or both. If service is made by certified mail,
it shall also be sent simultaneously by first class mail. Mail sent
to the owner and managing agent shall be sent to the address indicated
on the rental registration form.
C.
The Board of Commissioners may on its own initiative,
or at the request of an owner, managing agent, tenant or occupant
of the rental unit, modify the terms of such probationary status at
any time during the probationary term. If modified, it shall be by
resolution, copies of which shall be served upon such persons and
in such manner as specified in the preceding section.
D.
The violation of any of the terms or conditions of
the probation by the owner, managing agent, or tenant or occupant
shall be cause for the immediate suspension or revocation of the rental
license.
A.
Any rental license which is in probationary status
maybe renewed for the succeeding license term conditioned upon compliance
of the owner, managing agent, tenants and occupants with the terms
and conditions of probation.
B.
The failure to comply with the terms and conditions
of probation by the owner or managing agent or tenant or occupants
shall be cause for immediate suspension or revocation of the rental
license.
A rental license shall be deemed severable with
respect to the revocation, suspension or disciplinary actions instituted
pursuant to this chapter. Accordingly, the revocation or suspension
or other disciplinary action involving a rental license may be limited
to one or more rental units or may apply to all rental units in a
property. If limited to less than all the rental units, such license
shall remain in full force and effect as to any and all rental units
not involved in the revocation, suspension or disciplinary proceedings.
Any complaint seeking the suspension or revocation
of a rental license shall be filed by the City and served upon the
owner or managing agent by October 30 in order to have any effect
on the current license year and the rental season immediately following.
If such complaint is filed after said date and if the charges are
sustained, the revocation or suspension of the rental license shall
not impact upon the rental season immediately following, but shall
affect the next ensuing rental season.
A.
Any person, firm, association or corporation violating
any of the provisions of this chapter shall, upon conviction, be subject
to one or more of the following:
B.
Any person, firm, association or corporation convicted
of violating this article within one year of the date of a previous
violation, and who was lined for the previous violation, shall be
sentenced to an additional line as a repeat offender. The additional
fine shall be in an amount not to exceed $1,000.
C.
The foregoing penalties shall be in addition to any
other penalty provided in this chapter and shall be in addition to
those penalties set forth in N.J.S.A. 46:8-35.
A.
HEARING OFFICER
LANDLORD
SEASONAL RENTAL
SUBSTANTIATED COMPLAINT
The following words or phrases when used in this chapter,
shall have the following meanings:
A person designated pursuant to this article to hear and
determine proceedings pursuant to this article and its enabling legislation,
N.J.S.A. 40:48-2.12(n) et seq. As required by the state statute, said
hearing officer shall be a licensed New Jersey attorney who shall
not be an owner or lessee of any real property within the City of
Margate, nor hold any interest in the assets of or profits arising
from the ownership or lease of such property.
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, including, but not
limited to, any building subject to the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.), and owner-occupied
two-unit premises.
Any rental of residential accommodations for a term of less
than one year and including any part of the period extending from
May 15 to September 15.
A complaint which may form the basis for proceeding on accordance
with the authority conferred by N.J.S.A. 40:48-2.12(q). A substantiated
complaint shall be one in which there was prosecution and conviction
in any court of competent jurisdiction.
B.
Duty and responsibility of landlord. Landlords of
seasonal rentals shall be held to a standard of responsibility in
the selection of tenants and supervision of the rental properties.
Under certain circumstances, a landlord shall be required to post
an adequate bond against the consequences of disorderly behavior of
their tenants as hereinafter provided.
C.
Substantiated complaints; number required; procedure.
(1)
If in any one-year period there shall be three or
more complaints, on separate occasions, of disorderly, indecent, tumultuous
or riotous conduct upon or in proximity to any seasonal rental premises
and attributable to the acts or incitements of any of the tenants
or occupants of those premises, and those complaints have been substantiated
by prosecution and conviction in any court of competent jurisdiction,
the Board of Commissioners, as the municipal governing body, the Mayor,
the Code Enforcement Official, or the Chief of Police or his designee
may institute proceedings to require the landlord of those premises
to post a bond against the consequences of future incidents of the
same character.
(2)
Notice of the institution of such proceedings shall
be served upon the landlord, in person or by registered or certified
mail, to the address appearing on the tax records of the City of Margate
advising said landlord of the institution of such proceedings, together
with particulars of the substantiated complaints upon which the proceedings
are based, and of the time and place at which a hearing will be held.
Such hearing shall be held in the Municipal Building. Said hearing
shall be held no sooner than 30 days from the date upon which notice
is served or mailed.
(3)
At the hearing, the hearing officer shall give full
hearing to both the complaint of the municipality 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.
(4)
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 complaint upon
which the proceedings are based. Such bond shall be adequate in the
case of subsequent offenses to make reparation for: (1) damages likely
to be caused to public or private property and damages consequent
upon disruption of affected residents' right of fair use and quiet
possession of their premises; (2) securing the payment of fines and
penalties likely to be levied for such offenses; and (3) compensating
the municipality for the cost of repressing and prosecuting such incidents
of disorderly behavior. In no event shall the bond be in an amount
less than $500 or more than $5,000. The City may enforce the bond
thus required by action in Superior Court, and the City 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 City.
(5)
The bond or other security deposited in compliance
with this article shall remain in force for a period of three 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, in which case the security shall be
renewed, in an amount and for a period that shall be specified by
the hearing officer.
D.
Hearing officer; qualifications; appointment.
(1)
The Board of Commissioners is hereby authorized to
appoint a hearing officer who is qualified pursuant to the requirements
of N.J.S.A. 40:48-2.12(p) as amended and supplemented. Such hearing
officer shall be a licensed attorney of the State of New Jersey and
shall not be an owner or lessee of any property with the municipality,
nor hold any interest in the assets of or profits arising from the
ownership or lease of such property.
(2)
The appointment of a hearing officer shall be by resolution
of the Board of Commissioners. The appointment shall be for a term
specified by the Board of Commissioners, but in no event to exceed
one year. The hearing officer shall be eligible for reappointment.
The services of the hearing officer may be terminated without cause
upon the giving of 30 days' notice. The services of the hearing officer
may be terminated for cause immediately.
(3)
The hearing officer may be compensated by salary or
a professional services contract in the discretion of the Board of
Commissioners.
