Borough of Rockaway, NJ Chapter 173 Licenses and Permits

[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway as indicated in article histories. Amendments noted where applicable.]

Article I Payment of Delinquent Taxes

[Adopted 12-11-2003 by Ord. No. 12-03]

§ 173-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

APPLICANT, LICENSEE or PERMITTEE

Any person, partnership, corporation, or other entity to whom a license or permit is issued by the Borough of Rockaway or any agency or department thereof.

§ 173-2 Condition of issuance of license or permit.

Any applicant who requests the issuance, reissuance, or renewal of any license or permit issued by or requiring the approval of the Borough or of any agency or department of the Borough shall be required to pay any delinquent property taxes or assessments if the applicant is the owner of the property where the business or activity is located prior to the issuance, reissuance, or renewal of such license or permit.

§ 173-3 Revocation or suspension permitted.

Any license or permit issued by the Borough or any permit issued by any agency or department of the Borough may be revoked or suspended by the Borough when any licensee or permittee, who is an owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters.

§ 173-4 Applicant to ascertain taxes paid.

Prior to the issuance of licenses and permits by the various departments or agencies of the Borough of Rockaway, said owner-applicant shall ascertain from the Tax Collector that taxes and assessments have been paid through the quarter in which such request is made for the property on which the activity or business in question is to take place. In the event that property taxes or assessments are so unpaid, no permits or licenses shall be issued until all such payments have been received by the Borough.

§ 173-5 Issuance or restoration of license.

Upon payment of the delinquent taxes or assessment, the license or permit shall be issued or restored, provided the licensee has complied with all applicable laws, rules and regulations.

§ 173-6 Exceptions.

The provisions of this article shall not apply to or include any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq. or to construction permits and certificates of occupancy issued pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.

Article II Business/Rental Insurance Registry

[Adopted 6-8-2023 by Ord. No. 23-10]

§ 173-7 Insurance required, obligation to file certificate of insurance; fee; penalty.

A. The owner of a business located within Rockaway Borough shall maintain liability insurance for negligent acts or 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.

B. The owner of a rental unit or units located within Rockaway Borough shall maintain liability insurance for negligent acts or 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.

C. The owner of a multifamily home of four or fewer units, one of which is owner-occupied, located within Rockaway Borough shall maintain liability insurance for 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.

D. Each person set forth in Subsections A through C of this article shall file with the Borough a certificate of insurance as evidence of the level of coverage as required by this article, and shall at the same time submit a payment in the amount of $125 per initial certificate or $50 per renewal certificate. Upon the filing of an insurance certificate and the requisite fee, the Borough Clerk shall issue a certificate of registration to the owner stating the amount of coverage and the policy period of the insurance policy or policies evidenced by the certificate of insurance.

E. The obligation to file an insurance certificate for a business in Rockaway Borough applies within 30 days after the effective date of this article. If the business is established after the effective date of this article, the obligation to file an insurance certificate for a business in Rockaway Borough applies within 30 days of the date that the business is established.

F. The obligation to file an insurance certificate for rental units or for a multifamily home of four or fewer units, one of which is owner-occupied, applies within 30 days after the effective date of this article. If the rental units or the multifamily home are acquired after the effective date of this article, the obligation to file an insurance certificate applies within 30 days after such acquisition.

G. The requirement to file a certificate of insurance as set forth in this article applies on an annual basis, and the certificate shall be filed on or before January 15 of each year.

H. If the owner of a business, or of a rental unit or units, or the owner of a multifamily home of four or fewer units, one of which is owner-occupied, fails to file the required certificate of insurance with Rockaway Borough and/or pay the corresponding fee as required in Subsection D within 10 days of any applicable deadline, Rockaway Borough may bring an action to impose a fine of not less than $500 but no more than $5,000 pursuant to N.J.S.A. 2A:58-10 et seq. (the Penalty Enforcement Law of 1999).