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]
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]
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.
[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
[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.
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.