[Adopted 4-26-2012 by Ord. No. 6-2012]
As used in this article, the following terms shall have the meanings indicated:
AGENT
The individual designated by the owner as the person authorized by the owner to perform any duty imposed upon the owner by the terms of this article. The term "agent" does not necessarily mean licensed real estate agent of the State of New Jersey; however, the term "agent" may include a licensed real estate agent of the State of New Jersey if the person designated by the owner as his agent is so licensed.
APARTMENT or DWELLING UNIT
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; and which shall include a single-family detached residence designed for use by one family or household unit for living and sleeping purposes. Each apartment or dwelling unit shall contain no more than one kitchen or cooking facility.
FAMILY MEMBER
A person related by blood or marriage/civil union to the owner of the rental unit.
[Amended 3-9-2023 by Ord. No. 7-2023]
HOUSEHOLD
A group of individuals, not necessarily related by blood, marriage, adoption, or guardianship, living together in a dwelling unit like a family as a single housekeeping unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the rental unit. Nothing within this definition is intended to countenance or permit the creation of a boardinghouse in any zone within the City of Somers Point, which use is specifically prohibited.
[Amended 6-28-2012 by Ord. No. 10-2012]
INTERNATIONAL PROPERTY MAINTENANCE CODE
The International Property Maintenance Code adopted by ordinance for use by the City of Somers Point.[1]
LANDLORD
An owner who rents, by lease or sublease, a residential unit or a tenant who rents by sublease a residential unit within the City of Somers Point, whether for monetary, nonmonetary or other consideration. The definition applies regardless of whether the lease is entered into by the owner, tenant or an agent of the owner or tenant.
LICENSE
The license issued by the Code Enforcement Officer of the City of Somers Point or his/her designee attesting that the rental unit has been properly registered in accordance with this article.
LICENSEE
The person to whom the license is issued pursuant to this article. The term "licensee" includes within its definition the term "agent," where applicable.
MARKETPLACE PLATFORM
Any electronic or internet-based advertising form used for the purpose of renting or leasing a short-term rental, including but not limited to through self-promotion, internet rental companies, or travel agencies.
[Added 3-9-2023 by Ord. No. 7-2023]
MERCANTILE LICENSE
A business license as identified in § 174-2 of Chapter 174 of the Code.
[Added 3-9-2023 by Ord. No. 7-2023]
OWNER
Any person or group of persons, firm, corporation or officer thereof, partnership, association or trust who owns, operates, exercises control over, or is in charge of a rental facility. The ownership records of the County of Atlantic Clerk's office used for property tax purposes shall be conclusive evidence of the ownership of property regulated pursuant to this article.
OWNER-OCCUPIED
A portion of a rental facility, dwelling, commercial unit or dwelling unit shall be considered owner-occupied if the owner makes his primary residence therein. A person may have only one primary residence in the City.
PERSON
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
RENTAL FACILITY
Every building, group of buildings, or a portion thereof consisting of fewer than five dwelling units, which has sleeping facilities for fewer than 41 occupants, kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration, to one or more individuals.
[Amended 3-9-2023 by Ord. No. 7-2023]
RENTAL UNIT
An apartment or dwelling unit which is available by lease, rental or otherwise to persons other than the owner, regardless of the consideration for occupancy, including but not limited to money paid, services rendered, or accommodation incident to employment. "Rental unit" shall not include that portion of a rental facility, apartment or dwelling unit that is owner-occupied.
RENT or RENTED
An apartment or dwelling unit occupied by any person or persons other than the owner, regardless of whether there is a written or oral agreement, and regardless of whether the owner receives consideration for the occupancy, and regardless of whether there is a written lease, sublease or oral understanding.
SHORT-TERM RENTAL
Any rental unit rented for a term less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere.
[Added 1-28-2021 by Ord. No. 2-2021]
SUSTAINED COMPLAINT
Any credible complaint of a statutory, regulatory or local ordinance violation regarding conduct at, or in connection with, the operation of a short-term rental which has been made by or to either the police, or the Zoning Official or Code Enforcement Officer, or their designee, regardless of whether same results in charges being issued.
[Added 3-9-2023 by Ord. No. 7-2023]
TENANCY
Occupancy of a rental unit by one or more tenants.
TENANT
Occupant in a unit occupied by other than the owner.
[1]
Editor's Note: See Art. II of this chapter.
[Amended 6-28-2012 by Ord. No. 10-2012; 5-8-2014 by Ord. No. 15-2014; 1-28-2021 by Ord. No. 2-2021; 8-18-2022 by Ord. No. 17-2022; 3-9-2023 by Ord. No. 7-2023; 12-12-2024 by Ord. No. 24-2024; 6-12-2025 by Ord. No. 13-2025]
A. 
Every rental unit within the City of Somers Point, unless defined as a "motel" or "hotel" subject to the registration requirements in Article III of this article 169, shall be registered annually by the owner of each such rental unit by filing a registration certificate. The form of registration certificate shall be obtained from the office of the City Clerk or the Code Enforcement office during normal business hours.
B. 
Every owner of a rental unit shall annually file the registration certificate referred to in Subsection A, which shall be complete in all respects and which shall be sworn to under oath as to the accuracy of the information set forth therein.
C. 
Information to be provided in the registration certificate:
(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 person(s). 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. 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. If the record owner is an LLC, the name and address of the managing member(s) shall be provided, for each such member, indicating where such member (or its principal officers if a corporation) may be reached both during day and evening hours. All registration addresses shall be physical addresses; post office boxes are insufficient.
(2) 
If the address of the owner of record is not located in the County of Atlantic, the name, address and telephone number of a person who resides in the County of Atlantic and who is authorized to accept notices from a tenant and to issue receipts therefore and to accept service of process on behalf of the owner of record.
(3) 
The name and address of the managing agent of the premises, if any, and the telephone number where such individual may be reached both during day and evening hours. If the address of the owner of record of a short-term rental is not located in Atlantic County, a managing agent, who is located within 10 miles of Somers Point and available 24 hours a day to respond to any issues which may arise regarding any issues which may arise regarding the tenancy, rental unit or activities on the property where the rental unit is located, is hereby required.
(4) 
The name and address of the superintendent, janitor, custodian or other individual employed by the owner of record or managing agent to provide regular maintenance service, if any, and telephone number where such individual may be reached both during day and evening hours.
(5) 
The name, address and telephone number and cellular telephone number of at least one 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 and shall, at all times, have access to a current list of building tenants that shall be made available to emergency personnel as required in the event of an emergency.
(6) 
The names and addresses of all holders of recorded mortgages on the property.
(7) 
If fuel oil is used to heat the building and the landlord furnishes the heat, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
(8) 
For each such rental unit:
(a) 
A description, by number or letter and floor, of each such rental unit;
(b) 
The square footage of each such rental unit;
(c) 
The names of all tenants over the age of 18 in each rental unit;
(d) 
The number of children, by age, which are 18 years of age and younger in each rental unit;
(e) 
The square footage of living space within each such rental unit and the number of rooms;
(f) 
The exact number of sleeping rooms contained in each 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;
(g) 
Whether such rental unit is equipped with a kitchen;
(h) 
Whether the rental unit is equipped with a fire suppression or fire sprinkler system, a fire extinguisher, a carbon monoxide alarm, and a smoke detector alarm; and
(i) 
The term on the lease.
(9) 
A copy of the most-recent valid certificate of inspection issued by the State of New Jersey Bureau of Housing, Department of Community Affairs.
(a) 
A copy of the current standard form of lease or leases for the rental units; and
(b) 
A copy of the current rules and regulations, if any, applicable to the rental units and/or the rental facility.
(10) 
A certification that:
(a) 
The property taxes and sewerage charges are current and paid in full;
(b) 
There are no unpaid assessments against the property;
(c) 
The property does not contain any state or local code violations;
(d) 
The rental facility or rental unit(s) are in compliance with the International Property Maintenance Code;
(e) 
A certificate of occupancy or continuing certificate of occupancy has been properly obtained for each unit listed in this application; and
(f) 
For those short-term-rentals to which the provisions of Chapter 228, Article II, of the Code are applicable, notification of the requirement of the collection of taxes has been provided to all marketplace platforms used in connection with the solicitation of rentals of the rental unit.
(11) 
The information referenced in Subsection C(1) through (7) hereof may be provided by attaching the landlord registration statement mandated by N.J.S.A. 46:8-28, certifying that the information contained therein remains true and accurate or, in the event of any change, amending said registration certificate accordingly.
(12) 
Such other information as may be prescribed by the City on the appropriate registration form or otherwise by ordinance or resolution.
(13) 
For all short-term rentals, the requirements of Subsection C(8)(c), (d) and (i) need not be provided at the time of said registration. However, this information is to be obtained, recorded and maintained in ledger form by said landlord and supplied to the Code Enforcement Officer of the City of Somers Point, or his/her designee, either upon demand or at the time of the annual inspection of said rental unit as set forth in Subsection B of § 169-48. The applicant shall also provide on the registration form the following:
(a) 
The maximum number of occupants that will be renting, occupying and/or staying at the property at any one time, which number shall not exceed either the restrictions imposed by N.J.A.C. 5:28-1.1, or that of two occupants per bedroom, plus two, whichever is the lesser of the two.
(b) 
The identity of all marketplace platforms that the landlord will use in connection with the rental of the property.
D. 
Filing of registration certificate.
(1) 
All registration certificates for single-dwelling rental units and all two-unit dwelling units that are not owner-occupied are to be filed in the office of the Somers Point City Clerk or with his or her designee. The Municipal Clerk shall index and file the registration forms and make them reasonably available for public inspection. In doing so, the Municipal Clerk 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 section.
(2) 
All other registration certificates are to be filed in the office of the Somers Point Code Enforcement Officer of the City of Somers Point or with his or her designee.
E. 
Filing of registration certificate.
(1) 
Registration certificate license application forms shall be available in the office of the Somers Point City Clerk and the Somers Point Code Enforcement office during normal business hours and may also be requested by mail addressed to either the City Clerk or the Code Enforcement office, Somers Point City Hall, 1 W. New Jersey Avenue, Somers Point, NJ, 08244.
(2) 
All registration certificates are to be filed in the office of the Somers Point Code Enforcement Officer of the City of Somers Point or with his or her designee.
(3) 
The Somers Point Code Enforcement Officer of the City of Somers Point shall index and file the registration license application forms and make them reasonably available for public inspection. In doing so, the Code Enforcement Officer 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 section.
F. 
Amended registration forms. Every person required to file a rental registration form pursuant to this Article V of Chapter 169 shall file an amended rental registration form within 20 days after any change in the information required to be included thereon. No fee shall be charged for the filing of the amendment, including an amendment for change of tenancy, except upon a change in ownership of the rental property in which the rental unit is located, for which the full fee shall be paid.
G. 
All short-term rentals, as operating businesses, are also required to obtain a mercantile license as set forth in Chapter 174 of this Code, and in order to maintain said license, may not be rented or leased out for a time period of less than seven nights. A clear depiction of the subject's mercantile license shall be posted as a separate photo on any advertisement on a marketplace platform for the rental of the property.
H. 
At the time of the filing of the registration certificate referred to in Subsection B, or at the time of any registration 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 report prepared by a certified lead evaluation contractor as set forth in Subsection K below. Should the owner fail to provide such a report within 30 days of filing, the City shall have said inspection performed with the City's cost for same to be assessed against the landlord's rental property as a municipal lien.
I. 
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.
J. 
If there are no findings of a lead-based hazard in the initial or any subsequent inspection conducted pursuant to the provisions of Subsections H and I above, the lead evaluation inspector or representative of the City shall certify the unit as lead-safe, on a form proscribed by the Department of Community Affairs. This lead-safe certification shall be valid for two years. A copy of this certification shall be provided to the tenants of the unit inspected.
K. 
Notwithstanding the provisions of Subsection H above, a dwelling unit in a single-family, two-family, or rental dwelling shall not be subject to inspection and 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 or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
(5) 
Is a single-family or a 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; or
(6) 
Has a valid lead-safe certification issued pursuant to Subsection H above.
L. 
Pursuant to the provisions of N.J.S.A. 52:27D-437.16, unless a unit owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20, a fee of $20 for each inspection per unit shall be paid by the owner at the time of the registration of the unit. Said fee shall be deposited by the City into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4.
M. 
At the time of the filing of the registration certificate referred to in Subsection A, every owner of a rental unit shall, pursuant to the provisions of N.J.S.A. 40A:10A-1 and 40A:10A-2, register a certificate of liability insurance which provides coverage for the rental units registered. In addition to any other fees required in this article, an administrative fee of $100 for all such certificates of liability insurance registered herein.
N. 
Any owner who fails to comply with the liability insurance registration requirement in Subsection M shall be subject to a fine of not less than $500 nor more than $5,000 for each violation.
[Amended 6-28-2012 by Ord. No. 10-2012]
A. 
No agent, agent of an owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall sell, rent, transfer, grant, lease, sublease, let, mortgage with right of occupancy or otherwise dispose of the ownership or occupancy of any rental unit which is subject to this Article V of Chapter 169, whether such disposal or occupancy is temporary or permanent, unless a certificate of occupancy or continuing certificate of occupancy is issued certifying that said rental unit is fit for human habitation and that said rental unit is in compliance with all ordinances of the City of Somers Point, which certificate shall be first obtained from the Code Enforcement Officer or Zoning Officer of the City of Somers Point, or his or her authorized designee.
B. 
No such vacated rental unit shall be rented or occupied in whole or in part by any new owner, occupant or tenant until an inspection has been made by the above-referenced designated official as to whether the rental unit is in violation of any of the applicable laws, ordinances or codes of the City of Somers Point, the State of New Jersey or the United States of America. If no such violation is found to exist, a continuing certificate of occupancy shall be issued; otherwise, the owner shall be notified in writing of the specific violations found. No such rental unit shall be occupied until such time as the violations have been corrected. Applications for certificates of occupancy and continuing certificates of occupancy shall be available to applicants at the Somers Point Building Department. For short-term rentals, the aforesaid inspection is not required for changes in occupancy and/or tenancy, but an inspection by the aforementioned representative of the City for the property is required to occur once a year, and shall occur within 15 days of the application for the property's mercantile license. Failure to have such an inspection conducted shall result in the immediate suspension of the right to lease the premises. The landlord of a short-term rental shall conduct quarterly self-inspection of the property for health and safety purposes using a form issued by the City's Code Enforcement Officer of the City of Somers Point, or his or her authorized designee, which completed forms shall be maintained and kept with the ledger referenced in Subsection C(13) of § 169-47 of the within article, and shall be provided to said designated official at the time of the inspection.
[Amended 1-28-2021 by Ord. No. 2-2021]
(1) 
The applicant shall be responsible to pay all inspection and other applicable fees then in effect associated with any such inspection or reinspection, which shall be payable prior to any such inspections.
(2) 
The City Council shall, by resolution, enact and from time to time may amend standardized fees for the inspection, reinspection, and other scheduled fees as provided in Chapter 100 of the Somers Point Municipal Code. The license registration fee is a separate fee and has no relationship to fees for certificates of occupancy, continuing certificates of occupancy, inspection or other fees which may be assessed.
C. 
Whenever inspections of the premises used for or in connection with the operation of the rental property are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provisions or to detect violations thereof, it shall be the duty of the person in charge of the premises to be inspected to admit thereto, for the purpose of making the inspection, any officer or employee of the City who is authorized or directed to make such inspection, at any reasonable time that admission is requested. This obligation is not limited to inspections arising out of a request for a certificate of occupancy or a continuing certificate of occupancy which has been properly obtained for each unit listed in this application.
[Amended 6-28-2012 by Ord. No. 10-2012]
A. 
Each rental unit shall be registered annually. The registration term shall commence September 15 of the applicable year the unit is registered with the City and will expire on September 14 of each such year.
B. 
All registration certificates shall be filed prior to the 15th day of August.
C. 
The term of the license shall be the same as the certificate term.
[Amended 1-28-2021 by Ord. No. 2-2021]
There shall be imposed a fee of for each registration statement, which shall be due at the time the registration statement is submitted. In the event the fee is not paid on or before the due date, a late fee of $35 shall be paid in addition to the regular fee. All such fees shall become a part of the general City treasury. When the rental unit does not become subject to this registration requirement until after December 31 of the then-current calendar year, the fee shall be 1/2 of the full registration certificate fee. This payment of the fee shall satisfy the fee requirement of § 169-39A of Article III of this chapter, and no additional fee shall be payable under that section. No owner or landlord of a short-term rental shall be required to pay a registration fee as long as they can demonstrate at the time of registration that they hold a current, valid mercantile license for the short-term rental business conducted at the property.
A. 
Fee schedule. Each rental unit not occupied by the owner or family member and subject to this registration requirement: $50 per unit.
B. 
Exception to registration fee requirement.
(1) 
No rental unit which is occupied by the owner, the family members of the owner or people living with the owner as a household shall be required to pay the fee; but they shall be required to file a registration certificate.
(2) 
If the owner of a two-unit property is a senior citizen who resides in one unit of the property and rents out the remaining unit and would otherwise qualify under the State of New Jersey property tax deduction, there shall be no fee; but the registration certificate shall be filed for the rental unit.
C. 
Registration fee modifications. The registration fee shall be reviewed annually by the governing body and shall be subject to change not more frequently than annually by resolution of the City Council.
[Amended 1-28-2021 by Ord. No. 2-2021; 3-9-2023 by Ord. No. 7-2023]
A. 
It shall be unlawful and a violation of this article as to all rentals, regardless of time limit:
(1) 
For a person to occupy any rental unit or for the owner or agent to permit occupancy of any rental unit within the City of Somers Point for which a registration certificate has not been filed and issued in accordance with this article. The owner of any rental unit bears the burden of proof in certifying that such premises is lawfully authorized to be utilized and operated as a residential rental dwelling unit.
(2) 
For an owner, permittee, lessor or registered agent of any rental unit to allow a number of people greater than the maximum number of occupants listed on the registration certificate form.
(3) 
For an owner, permittee, lessor or registered tenant to allow a number of people greater than the maximum number of people permitted to occupy the decks or porches of any rental unit.
(4) 
For an owner, owner's agent or tenant to violate any of the provisions of the New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et seq.
(5) 
For a person to charge, demand, receive or accept any rent or other payment or nonmonetary consideration for use or occupancy of any rental unit within the City of Somers Point which is used or occupied in violation of Chapter 114, Development Regulations, of the Municipal Code of the City of Somers Point. Each such charge, demand, receipt or acceptance of rent or other payment in violation hereof shall constitute a separate offense.
(6) 
For any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight a rental unit for a period exceeding 29 days in any six-month period. In the case of a short-term rental, the twenty-nine-day exception referenced herein is not allowed.
(7) 
For a person to rent or lease out any amenities and or accessories to an apartment or dwelling unit without full use of the apartment or dwelling unit, including, but not limited to basements, attics, trailers, pools, yards and/or accessory buildings.
B. 
It shall be unlawful and a violation of this article as to short-term rentals:
(1) 
For a person to rent out an apartment or dwelling unit for the hosting of a commercial or social event.
(2) 
For a person to rent out separate bedrooms within an apartment or dwelling unit to either different short-term tenants, or as a short-term rental while another household is occupying the same apartment or dwelling unit.
(3) 
For a person to rent out a camper or motor home on the property of any apartment or dwelling unit either in connection with a short-term rental, or as the short-term r
A. 
The Zoning Official, Construction Official and Code Enforcement Officer are hereby authorized to make inspections to determine the condition of rental facilities and rental units, in order that they may promote the purposes of this article to safeguard the health, safety and welfare of the occupants of rental facilities, rental units and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities and rental units at all reasonable times. The owner or occupant of every rental facility and rental unit shall give the inspecting officer free access to the rental facility and rental unit at all reasonable times for the purpose of such inspections, examinations and surveys.
[Amended 3-9-2023 by Ord. No. 7-2023]
B. 
In the event the City has a reasonable basis to believe that the occupancy limit of any rental unit is being exceeded, the City's designated representative shall contact the landlord, owner or agent, who shall use his best efforts to obtain and provide to the City the accurate information as to the occupants of such rental unit and shall provide access to the residential unit upon request. It shall be a violation of this section for any other person(s) to reside in said premises, and repeated occupancy violations by a tenant shall subject the tenant and landlord to the requirements and penalties set forth in §§ 169-54 and 169-55 of this article.
C. 
Every occupant shall give the owner of the rental facility and rental unit access to any part of such rental facility or rental unit at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or any lawful order issued pursuant thereto.
D. 
Complaints. Within 10 days of receipt of a bona fide complaint alleging a reported violation of this article, an inspecting officer shall conduct an inspection as hereinbefore provided.
E. 
Nothing contained within this section shall relieve the said inspector from providing the landlord/owner and tenant/occupant with such prior notice, if any, as required by current laws and/or regulations of the State of New Jersey.
[Amended 3-9-2023 by Ord. No. 7-2023]
The proper enforcement of the provisions of this Article V shall be within the jurisdiction of the Zoning Official and/or Code Enforcement Officer of the City of Somers Point and, additionally, within the jurisdiction of any officers charged with providing the necessary inspections required by law or regulation.
A. 
Any person violating or failing to comply with any of the provisions of this Article V of Chapter 169, including failing to file a registration certificate or failing to provide true and accurate information, shall, upon conviction thereof, be punishable by a fine of at least $250 and not more than $1,000 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Amended 3-9-2023 by Ord. No. 7-2023]
B. 
Any person who is convicted of violating any provision of this Article V of Chapter 169 within one year of the date of a previous violation of the same provision of this same article and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum nor exceed the maximum fine fixed for a violation of this article but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision.
C. 
Wherein a landlord or agent of a short-term rental has been provided notice of a sustained complaint of a noise and/or nuisance ordinance violation, and there is a second sustained complaint regarding a noise and/or nuisance ordinance violation within one week, a civil penalty of $1,500 shall be assessed against the landlord. Landlord shall have the right to appeal the imposition of such a civil penalty by filing with the City Clerk's Office a request of a hearing before City Council within one week of notification of a civil penalty assessment.
[Added 3-9-2023 by Ord. No. 7-2023]
A. 
Grounds. In addition to any other penalty prescribed herein, any owner may be subject to the revocation or suspension of the license issued hereunder, or pursuant to Chapter 174 of this Code, upon the happening of one or more of the following:
[Amended 3-9-2023 by Ord. No. 7-2023]
(1) 
Conviction of a violation of this article in the municipal court or any other court of competent jurisdiction.
(2) 
Determination of a violation of this article at a hearing held pursuant to Subsection B herein.
(3) 
Continuing, after notice, to rent the unit or units to a tenant or tenants who are convicted of a violation of the Noise and/or Nuisance Ordinances of the City.[1]
[1]
Editor's Note: See Ch. 188, Noise, and Ch. 117, Disorderly Conduct.
(4) 
Continuing, after notice, to permit the rental unit to be occupied by more than the maximum number of occupants as defined in this article.
(5) 
Maintaining the rental unit or units or the property in which the rental unit(s) is a part in a dangerous condition likely to result in injury to person or property.
(6) 
Failing to pursue eviction of a lessee or tenant for good cause, as defined by N.J.S.A. 18-61.1g, which includes a tenant or lessee who:
(a) 
Has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants residing in said house or neighborhood; or
(b) 
Has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises; or
(c) 
Has continued, after written notice to cease, to substantially violate or breach any of the landlord's rules and regulations governing said premises which have been accepted by the tenant or made a part of the lease at the beginning of a lease term; or
(d) 
Has been convicted of or pleaded guilty to an offense, or if a juvenile, has been adjudicated delinquent on the basis of an act which, if committed by an adult, would constitute an offense under the Comprehensive Drug Reform Act of 1987 (N.J.S.A. 2C;35-1 et seq.) involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia, within the meaning of that act, within or upon the leased premises or the building or complex of buildings and land appurtenant thereto and has not, in connection with his sentence for that offense, either
[1] 
Successfully completed, or
[2] 
Been admitted to and continued upon probation while completing, a drug rehabilitation program pursuant to N.J.S.A. 2C:35-14; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently; or
(e) 
Has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which, if committed by an adult, would constitute an offense under N.J.S.A. 2C:12-1 or N.J.S.A. 2C: 12-3 involving assault, or terroristic threats against the landlord, a member of the landlord's family or an employee of the landlord; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently; or
(f) 
Has been convicted of or pleaded guilty to, or if a juvenile, has been adjudicated delinquent on the basis of an act which, if committed by an adult, would constitute an offense under N.J.S.A. 2C;20-1 involving theft of property from the landlord, the leased premises or other tenants residing in the same building or complex; or, being the tenant or lessee of such leased premises, knowingly harbors or harbored therein a person who has been so convicted or has so pleaded, or otherwise permits or permitted such a person to occupy those premises for residential purposes, whether continuously or intermittently; or
(7) 
False or misleading information given or provided in connection with the registration application or renewal; or
(8) 
Failure to correct violations in the time period prescribed; or
(9) 
Failure to permit lawful inspections; or
(10) 
Failure to pay any fee herein provided for; or
(11) 
Violation of the provisions of this article or any other ordinance or law pertaining to the use of the property; or
(12) 
In the case of a short-term rental, three sustained complaints in a one-year period regarding the use and/or operation of the property by either the tenants or landlord.
B. 
Procedure; written complaints; notice; hearing.
(1) 
A complaint seeking the revocation or suspension of a license may be filed by any one or more of the following: Chief of Police, Construction Code Official, the Zoning Enforcement Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the City Clerk. The complaint shall be specific and shall be sufficient to apprise the licensee of the charges. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information.
(2) 
Upon the filing of such written complaint, the City Clerk shall promptly notify the City Council, and a date for a hearing shall be scheduled, which shall not be sooner than 10 days nor more than 30 days after such notice. The City Clerk shall, at the same time, provide a copy of the complaint and a notice as to the date of the hearing to the licensee and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient. Service may be made by regular mail or by certified mail, return receipt requested, or by personal delivery.
(3) 
The hearing required by this section shall be held before a hearing officer appointed by the City Council. The hearing officer shall transmit findings of fact and the decision reached to the City Council and charged party within 30 days of the conclusion of the hearing. A copy of the decision shall be mailed to the licensee and his, her or its agent by regular and certified mail to the address set forth on the licensee's application promptly thereafter. The decision to be rendered shall either be dismissal of the charges, revocation of the license, a license suspension of not more than 180 days, or determining that the license shall not be renewed or reissued for a period of one year. In the case of a first offense, the suspension or revocation may be for a period of up to 30 days; and if the offender commits no further offense within that thirty-day period, the complaint will then be dismissed.
(4) 
A record of the proceedings shall be made by a stenographer or by tape or other recording, and a transcript of the proceedings shall be prepared at the request and expense of the licensee or licensee's agent. All witnesses shall be sworn prior to testifying. The parties and/or their attorneys shall have the right to give evidence and cross-examine witnesses, whose testimony shall be given under oath. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally controls administrative hearings.
(5) 
All corporations must be represented by counsel.
(6) 
In addition to the cost of the transcript of the hearing, if requested, the licensee or licensee's agent, as the case may be, shall also be responsible for the costs in connection with the mailings; and the failure to pay such costs within 30 days of billing shall result in an automatic and immediate suspension of the permit, which suspension shall continue until the payment has been made.
(7) 
The City Solicitor or designee shall appear and prosecute on behalf of the complaining party in all hearings conducted pursuant to this section.
(8) 
A conviction in the municipal court, or other court having jurisdiction over the matter, of a violation of the terms of this article or a violation occurring on the premises of another City ordinance or law of the State of New Jersey or United States of America, by the licensee or licensee's agent, shall be prima facie evidence of guilt in the proceedings before the governing body.
C. 
Defenses.
(1) 
It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a rental license by demonstrating 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 proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s), or guest(s) for recovery of the premises, eviction of the tenant(s) or otherwise, and he or she is diligently pursuing the eviction action.
(2) 
Where a violation has been identified as being committed by a tenant, and the landlord is actively pursuing eviction of said tenant, the landlord shall be entitled to successive thirty-day grace periods until the eviction proceedings are concluded, so long as landlord continues to diligently and continuously prosecute the eviction during the period. At any time, the City reserves the right to terminate the grace periods if the City, in good faith, believes the landlord has not diligently prosecuted the eviction, at which time a notice of hearing will issue as provided in § 169-55B.
D. 
Other remedies. Nothing in this article shall prevent the City of Somers Point from taking action under any other applicable rule, standard, statute, or ordinance for violations thereof to seek either injunctive relief or criminal prosecution for such violations as therein provided. Nothing contained in this article shall prevent the City of Somers Point from seeking injunctive relief against a property owner or designated agent who fails to comply with the terms and conditions of this article on registration and licensing, including an order prohibiting the occupancy of such rental units until violations of this article have been remedied by the property owner or designated agent.
When used herein, the singular shall include the plural, and the masculine shall include the feminine, as the case may be.
[Amended 6-28-2012 by Ord. No. 10-2012]
The obligation to obtain a rental unit registration license certificate in compliance with this Article V shall be effective as of the date of final reading, adoption, and publication, but all owners shall have until August 15, 2012, to file the 2012 registration certificate with the Code Enforcement Officer as described in § 167-47E.