[Added 12-12-2017 by Ord.
No. 4563-17[1]]
The following words or phrases, when used in this article, shall
have the following meanings:
The individuals designated by the owner as the person(s)
authorized by the owner to perform any duty imposed upon the owner
by this article. If the owner provides no such designation, the owner
shall be considered the agent or managing agent. In any event, the
owner shall be responsible for any acts or omission by the designated
agent. 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.
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building of one or more floors or stories, but not the entire building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment is designed for
a residence, office or the operation of any industry or business or
any other type of independent use.
The area of the Township juxtaposed geographically between
the Barnegat Bay and the Atlantic Ocean.
Any building or structure or part thereof used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
The certificate issued by the Division of Code Enforcement
confirming that the rental unit has been properly registered and determined
appropriate for occupancy in accordance with the standards set forth
in this article.
Any room or rooms or suite or apartment thereof, whether
furnished or unfurnished, which is occupied or intended, arranged,
or designed to be occupied for sleeping and 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 improvements
connected with the use or occupancy thereof.
A person occupying a dwelling unit.
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage space.
A room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or group of persons
living together or by a person living alone, within a building.
See "agent."
A rental of residential accommodations not classified as
a "seasonal" or "short-term" rental as defined in this subsection.
A person occupying a dwelling unit.
The person who owns, purports to own or exercises control
over any building.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
The person or persons to whom a rental unit is leased or
rented.
Any apartment, dwelling, building, dwelling unit, habitable
room or lodging unit, as defined by this article, which is rented
or offered for rent, for living and dwelling purposes regardless of
the consideration for occupancy, including but not limited to money
paid, services rendered, or accommodation incident to employment.
A rental unit shall not include any property wherein the person(s)
occupying and/or renting the property is related to the owner(s) of
the property. For purposes of this article, the term "related to"
shall mean either a grandparent/grandchild, a parent/child, or a sibling
relationship.
A rental of residential accommodations for a term of less
than 30 days, but no shorter than two days, between April 1 and November
30 on the Barrier Island.
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within any rental
unit.
A.
All rental units must be registered with, and receive a certificate
of occupancy from, the Division of Code Enforcement in accordance
with the provisions of this article. No rental units may be leased,
rented, or occupied, or advertised for such purposes, without having
been so registered and certified for occupancy.
B.
The registration shall be documented and the certificate of occupancy
issued on forms promulgated by and available from the Division of
Code Enforcement.
C.
Each registration and certificate of occupancy shall be issued a
specific numeric designation. This numeric designation must appear
prominently in any advertisement for the rental of the subject unit.
Failure to do so constitutes a violation of this article.
D.
Any lease which has been executed prior to the effective date of
this article shall not be affected, but the rental unit must nevertheless
be registered, inspected and certified as prescribed herein. No rental
unit may be rented, leased, or occupied unless the rental unit is
registered and certified in accordance with this article.
A.
This article shall be effective January 15, 2018, at which point
the Division of Code Enforcement may begin accepting initial registrations,
conducting inspections, and issuing certificates of occupancy for
existing rental units.
B.
For nonseasonal rentals, initial registrations and certifications
shall be effective for a three-year term commencing retroactively
on January 1, 2018, and expiring on December 31, 2020, unless there
is an intervening change of occupancy or ownership, in which case
reregistration and recertification in accordance with the provisions
of this article are required.
C.
For seasonal/short-term rentals, initial registrations and certifications
shall be effective for a one-year term commencing retroactively on
January 1, 2018, and expiring on December 31, 2018, unless there is
an intervening change of ownership, in which case reregistration and
recertification in accordance with the provisions of this article
are required. Reinspection and recertification are not required for
changes in occupancy of seasonal/short-term rentals.
D.
Registrations and certificates of occupancy issued thereafter shall
be effective for a one- or three-year term, depending on whether classified
as seasonal or nonseasonal, commencing on January 1 of the year of
issuance, unless there is an intervening change of occupancy or ownership,
as applicable, in which case reregistration and recertification in
accordance with the provisions of this article are required.
A.
Each nonseasonal rental shall be inspected and certified at least
once every three years, upon a change of occupancy or ownership, or
as otherwise necessitated by safety considerations, alleged violations
and as otherwise required by this article.
B.
Seasonal/short-term rentals shall be inspected and certified annually
on or before April 30, or in the event of a change of ownership, but
are not required for changes in occupancy.
C.
The inspection shall occur prior to occupancy in which a certificate
of occupancy is sought pursuant to this article.
D.
Inspections shall include both a physical inspection and a search
of Township records to confirm whether the subject property is in
compliance with all applicable health, safety, building, construction,
zoning, fire, safety, and property maintenance codes. Officials from
other Township agencies shall, as needed, coordinate with and assist
the Division of Code Enforcement in carrying out these inspections.
E.
Should the inspection fail to result in a satisfactory determination,
a certificate of occupancy shall be denied, and the property shall
not be leased, rented, or occupied by any tenant until the deficiencies
have been rectified and the property and rental unit have been brought
into compliance with all applicable codes. In the event that the property
is occupied when deficiencies are discovered, all corrections must
be made within 30 days unless safety considerations require immediate
correction. If not made within that time period, the owner shall be
deemed in violation of this article, and every day that the violation
continues shall constitute a separate offense.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Township of Toms
River which is not registered and certified for occupancy in accordance
with this article.
All properties registered and certified for occupancy hereunder
must be fully insured for rental purposes. Policies must remain valid
and in full force and effect throughout the term of the certificate
of occupancy.
In accordance with N.J.S.A. 46:8-28, all rental units shall
be registered and certified as provided herein.
A.
Every owner shall file with the Division of Code Enforcement a registration
form or other forms developed by the Township for each rental unit
contained within a building or structure, which shall include the
following information:
(1)
The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same persons, shall be provided. In the case of a partnership,
the names and addresses of all general partners shall be provided,
together with the telephone numbers for each individual partner, indicating
where such individual may be reached both during day and evening hours,
which telephone numbers shall include cell phone numbers. If the record
owner is a corporation, the name and address of the registered agent
and corporate officers of said corporation shall be provided, together
with the telephone number for each such individual, indicating where
such individual may be reached both during day and evening hours,
which shall include providing the cell phone numbers of each such
individual. All registration addresses shall be physical addresses;
post office boxes alone are insufficient.
(2)
If the address of the owner of record is not located in the County
of Ocean, the name, address and telephone number of a person who resides
in the County of Ocean who is authorized to accept notices from a
tenant and to issue receipts therefor and to accept service of process
on behalf of the owner of record.
(3)
The name, address and telephone number of the managing agent of the
premises, if any.
(4)
The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
(5)
The name, address and telephone number and cellular telephone number
of an individual representative of the owner of record or managing
agent 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 failure 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.
(6)
The name and address of every holder of a recorded mortgage on the
premises.
(7)
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
apartment or dwelling and by the square footage thereof.
(8)
Name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise permit occupancy of the subject
premises.
(9)
For all rentals except short-term or seasonal rentals, the names
of, contact information for, and number of occupants or tenants occupying
the rental.
(10)
Whether or not the landlord has conducted a tenant screening
for each new tenant and authorized adult household member.
(11)
Such other information as may be prescribed by the Township
on the appropriate form or otherwise by ordinance or resolution.
B.
In addition to the preceding information, the owner shall furnish
the Township with proof that the property is properly insured as required
by this article and that all policies are current.
The Division of Code Enforcement and the Township Clerk's office
shall index and file registration forms. In doing so, the Division
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.
Registrations must be amended within 20 days of any change in
the information furnished in accordance with this article. No fees
shall be charged for amended registrations, except for changes in
ownership.
Rental units registered and certified for occupancy pursuant
to this article are subject to the maximum occupancy limits set forth
in this subsection, which may be adjusted downward based on acceptable
means of egress. The occupancy limit as computed pursuant to this
subsection shall be documented on the certificate of occupancy.
A.
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor area for each occupant thereof.
B.
Rental units shall not be occupied by more occupants than permitted
by the maximum occupancy area requirements of Table 1.
|
Table 1
| |||
|---|---|---|---|
|
Minimum Occupancy Area Requirements
| |||
|
Minimum Occupancy Area in Square Feet
| |||
|
Space
|
1 to 2 Occupants
|
3 to 5 Occupants
|
6 or more
|
|
Living room
|
No requirements
|
120
|
150
|
|
Dining room
|
No requirements
|
80
|
100
|
|
Kitchen
|
50
|
50
|
60
|
|
Bedrooms
|
Shall comply with § 335-14A
| ||
C.
Combined living room and dining room spaces shall comply with the
requirements of Table 1 if the total area is equal to that required
for separate rooms and if the space is so located that it functions
as a combination living room/dining room.
D.
Decks/porches. The maximum allowable occupancy on any deck shall
be one person per nine square feet.
E.
Landlords may request occupancy limits lower than the maximums computed
pursuant to this subsection, in which case the limit requested, if
deemed acceptable, will govern and be documented upon the certificate
of occupancy.
F.
Rentals of subterranean space are permitted only to the extent that
acceptable means of egress are available, the occupancy limitations
imposed under this subsection are satisfied, and the subterranean
occupancy does not violate another federal, state, or local code.
A.
It shall be unlawful and a violation of this article for an owner,
lessor, or tenant of any registered and certified dwelling to lease
or sublease to a number of people greater than the permitted occupancy
limit computed in accordance with the preceding subsection.
B.
It shall also be a violation of this article for the owner, lessor,
or tenant to lease or sublease a dwelling unit to a number or group
of tenants which exceeds the total number of sleeping accommodations
documented in the certificate of occupancy.
C.
It shall also be unlawful for an owner, lessor, or tenant to allow
a number of people greater than the maximum number of people permitted
to occupy the decks or porches of a dwelling unit.
No rental unit may be registered and no certificate of occupancy
shall be issued for any property containing a rental unit unless all
municipal taxes, water and sewer charges and other municipal assessments
are current.
A.
At each change of occupancy of all rental units except seasonal/short-term
rentals, the record owner or owners of the premises shall be required
to conduct a tenant screening for the new inhabitants of the unit.
Such screening shall include the substantial equivalent of the following:
(1)
A check for activity in the Landlord/Tenant Section of the Special
Civil Part of the Superior Court of the State of New Jersey for the
county of the tenant's last residence for a period of three years.
(2)
All records of any conviction for any offense in the municipal court
of the municipality of the resident's last residence for a period
of three years.
(3)
All records of any conviction for any offense in the Superior Court
of the State of New Jersey for the county of the resident's last residence
for a period of three years.
B.
Proof of an adequate screening shall be a letter indicating that
such a screening was completed by a reputable tenant screening company
or organization. Such a letter must be dated and shall be prepared
by a screening company or organization.
C.
No certificate of occupancy shall issue unless proof of an adequate
screening has been provided.
D.
Seasonal rentals are exempt from these tenant screening requirements.
A.
Inspections are required to determine the condition of rental facilities
and rental units in order to promote the purposes of this article
to safeguard the health, safety and welfare of the occupants and surrounding
residents.
B.
These inspections shall be conducted by the Division of Code Enforcement
with the assistance, as needed, of other agencies.
C.
For the purposes of making such inspections, the inspecting officers
are hereby authorized to enter, examine and survey rental facilities
and rental units after giving 48 hours' notice unless there is an
emergency requiring immediate access. The owner or occupant of every
rental facility and rental unit shall give the inspecting officer
free access to the entire rental facility or rental unit, at all reasonable
times for the purpose of such inspections, examinations and surveys,
including inspections of the registration forms and other forms required
to be supplied to each tenant.
D.
Every occupant shall give the owner of the rental facility or rental
unit access to any part of such rental facility or rental unit after
giving 48 hours' notice unless there is an emergency requiring immediate
access for the purpose of making such repairs or alterations as are
necessary to comply with the provisions of this article; other federal,
state or local law or regulation; or any lawful order issued by appropriate
authority.
E.
Within 10 days of the receipt of the complaint alleging a reported
violation of this article; other federal, state or local law or regulation;
or any lawful order issued by appropriate authority, the Division
of Code Enforcement, with the assistance, as needed, of other agencies,
shall conduct an inspection as provided herein.
A.
No rental unit shall be occupied or used in a manner which causes
unreasonable disturbances or disruptions to the surrounding properties
and property owners or the public in general.
B.
The maintenance of all 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 Township of Toms River and state and federal laws and regulations.
C.
Any landlord, tenant, or other person violating the provisions of
this subsection shall be subject to the penalty provisions of this
article.
The Division of Code Enforcement, the Construction Official,
the Zoning Officer, the Fire Official and the Police Department are
hereby authorized to separately or jointly, as circumstances warrant,
enforce this article.
In addition to the penalties prescribed by N.J.S.A. 46:8-35,
any person or entity violating this article is subject to the maximum
fines and penalties established under N.J.S.A. 40:49-5 and N.J.S.A.
40:69A-29, and any subsequent amendments to those statutes.
