[Adopted 12-15-1970 by Ord. No. 93-70 (Ch.
174, Art. II, of the 1989 Code); amended in its entirety 5-25-1982 by Ord. No.
159-D-82 (228-E)]
[Amended 10-24-2006 by Ord. No. 34-06; 8-19-2008 by Ord. No. 33-08; 9-29-2009 by Ord. No. 56-09]
A.
The owner
of any residential building, structure, or unit thereof which is subject
to the Property Maintenance Code and which is rented and/or is intended
for rental in the Township of Brick shall, prior to each initial occupancy
of the same or upon the vacating of the same and prior to reoccupancy
of such building, structure or unit thereof, apply to the Construction
Code Official, in writing, for a rental certificate of occupancy and
shall obtain a rental certificate of occupancy prior to occupying
or reoccupying the property. The application shall require the owner
of the property to provide the square-footage dimensions of each bedroom,
living room area, kitchen area, and bathroom area, and the name and
number of all tenants.
B.
If an owner
applies for an occupancy certificate prior to the selection of a tenant
for said rental unit, an inspection may be performed, and, when appropriate,
a certificate of occupancy shall be issued, to remain valid for 60
calendar days for the unoccupied unit(s). The owner shall, within
10 calendar days of selecting a tenant, register the occupant(s) with
the Township. If the seventy-calendar-day period has expired from
the issuance of the certificate of occupancy and the tenant information
has not been submitted to the Township, then said certificate shall
be invalid, and the rental unit cannot be rented until a new inspection
has been paid for and passed by the Township.
[Added 10-24-2006 by Ord. No. 34-06;
amended 8-19-2008 by Ord. No. 33-08]
After the receipt of said notice, the building
or structure or unit thereof shall be inspected by the Construction
Code Official or his representative. Upon making such inspection and
determining that the Property Maintenance Code has been complied with,
the Construction Code Official shall issue a certificate indicating
the date and the fact that such buildings or structures or units thereof
are in compliance with the Code. The certificate issued pursuant to
this section shall be posted by the owner in a conspicuous place inside
the licensed premises and within five linear feet of the main entrance
door. The certificate shall establish the occupancy limits of the
property. It shall be a violation of this Code for any person, except
for an authorized officer or employee of the Township of Brick, to
remove a posted certificate during the period it is in effect and
shall subject the property to be immediately vacated in the judgment
of the Construction Code Official and/or the owner or occupant to
be fined as set forth herein. Each certificate shall contain the following
warning:
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WARNING
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OCCUPANCY LIMITATION
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The maximum permitted occupancy of this dwelling
unit is ______.
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The occupancy limit will be strictly enforced.
No warnings will be given.
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Each tenant of the dwelling unit at the time
of the violation of the occupancy limit shall be issued a summons
for overcrowding. It shall be a further violation of this Code for
any person to occupy or use any premises if a required certificate
has not been issued.
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The owner of the inspected property shall be
responsible for the correction of violations of the code as indicated
in a written notification by the Construction Code Official or his
representative to the owner.
Upon correction of the violations, the owner
of the inspected property shall notify, in writing, the Construction
Code Official in order that a reinspection for the purpose of requiring
correction of the earlier violations may be made. This procedure shall
be followed and repeated until all violations have been corrected.
[Amended 8-23-1994 by Ord. No. 283-M-94; 4-27-2004 by Ord. No. 283-JJ-04; 9-23-2014 by Ord. No. 26-14]
The owner of the inspected property shall be charged a fee of
$100 for the initial inspection for each separate leased or rented
unit inspected for the aforesaid purpose. A fee of $50 for each separate
leased or rented unit reinspected shall be charged to the owner for
each reinspection that may be required. The aforesaid fee shall be
paid to the Construction Code Official prior to the aforesaid inspection
or reinspection(s). Units that are leased or rented on a seasonal
basis, by the week or month, shall require only one inspection at
the beginning of the season.
[Added 10-24-2006 by Ord. No. 34-06[1]]
At any time that an official or employee of
the Township of Brick including the Construction Official, Code Enforcement
Officer or Police Officer of the Township of Brick has reason to believe
that any rental unit is in violation of the provisions of this chapter,
the landlord and/or tenants may be issued a summons for violation
of the provisions of this chapter.
In any case where a provision of the code is
found to be in conflict with a provision of any zoning, construction,
fire, safety or health ordinance or code of the municipality, the
provision which establishes the higher standard for the promotion
and protection of the safety and health of the people shall prevail.
In any case where a provision of the code is found to be in conflict
with a provision of any other ordinance or code of the municipality
which establishes protection of the safety and health of the people,
the provisions of the code shall prevail.
