[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:
WARNING
OCCUPANCY LIMITATION
The maximum permitted occupancy of this dwelling unit is ______.
The occupancy limit will be strictly enforced. No warnings will be given.
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.
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.
[1]
Editor's Note: This ordinance also superseded former § 225-9, Posting of certificate. See now § 225-5.
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.
[Amended 3-14-1989 by Ord. No. 666-89]
Any person, firm or corporation who shall violate any of the provisions of this article shall be subject to the penalties as provided in Chapter 1, § 1-15, General penalty.