The owners and management of every building
and structure in the Borough of Atlantic Highlands which is occupied
by two or more families as tenants of the owner or lessor shall register
as herein provided. Such registration shall be with the Clerk of the
Borough upon forms prescribed by and furnished by the Borough. The
form shall include the name and address of the owner; the name and
address of the lessor, if other than the owner; and the name and address
of an agent in charge of the premises residing in the Borough. The
registration shall set forth the location of the building or structure
within the Borough and the location of the units occupied by the tenant,
with a statement of the number of rooms comprising the rented or leased
unit together with the facilities and utilities available.
[Added 10-10-2012 by Ord. No. 11-2012]
A. Pursuant
to N.J.S.A. 46:8-28 and 46:8-29, every landlord shall, within 30 days
following the creation of the first tenancy, in any newly constructed
or reconstructed residential building, file with the Clerk of the
municipality, or with such other municipal official as is designated
by the Clerk, in the case of a one-family-dwelling rental or a two-family-dwelling
rental which is a non-owner-occupied premises, a certificate of registration
on forms prescribed by the Commissioner of Community Affairs. Every
landlord required to file a certificate of registration shall file
an amended certificate within 20 days after any change in the information
required to be included therein. No fee shall be required for the
filing of an amendment except where the ownership of the premises
has changed.
B. Every
landlord shall, within 30 days following the creation of the first
tenancy, in any newly constructed or reconstructed residential multiple
dwelling, as defined in section 3 of P.L. 1967, c.76 (N.J.S.A. 55:13A-3),
file with the Bureau of Housing Inspection in the Department of Community
Affairs a certificate of registration on forms prescribed by the Commissioner
of Community Affairs.
C. Within 30 days following the creation of a new tenancy, every landlord shall provide each occupant or tenant in his building a copy of the certificate of registration required by Subsections
A and
B. If an amended certificate is filed, the landlord shall furnish each occupant or tenant with a copy of the amended certificate within seven days after the amended certificate is filed with the Municipal Clerk, or with such other municipal official as is designated by the Clerk, in the case of a tenant-occupied one-family dwelling or a non-owner-occupied two-family dwelling, and within seven days of receipt of a validated certificate from the Bureau of Housing Inspection in the case of a building or project subject to the Hotel and Multiple Dwelling Law, "multiple dwelling," as defined in Section 3 of P.L. 1967, c.76 (N.J.S.A. 55:13A-3)
It shall be unlawful for any person, owners
or management to permit any building or structure subject to this
chapter to be occupied prior to registration; provided, however, that
any building or structure subject to this chapter presently occupied
shall be registered within 45 days after the effective date of this
chapter.
The regulations herein contained shall be in
addition to any regulation, rule or ordinance heretofore or hereafter
adopted by the governing body with respect to the construction and
maintenance of buildings and structures, local health ordinances and
the removal or destruction of buildings and structures and parts thereof
endangering the public health and safety.
The Borough, by resolution of its governing
body, may abate a nuisance, correct a defect or put the premises of
any building or structure subject to this chapter in proper condition
so as to comply with the requirements of any municipal ordinance or
state law applicable thereto, at the cost of the owner or lessor,
and may expend municipal funds for such purpose and charge the same
against the premises, and the amount thereof as determined by the
governing body shall be a lien against the premises and collectible
as provided in an act entitled, "An Act Concerning Municipalities
in Relation to the Regulation of Buildings and Structures and Their
Use and Occupancy and Supplementing Title 40 of the Revised Statutes,"
Chapter 66 of the Public Laws of 1962 of the State of New Jersey.
The service of notices under any ordinance of
this Borough or under any state law applicable to the Borough of Atlantic
Highlands upon the owner, lessor or agent of any building or structure
subject to this chapter shall be sufficient notice to the owner or
lessor and shall constitute service thereon by posting it upon the
premises in a conspicuous place where the owner or lessor has failed
to register his premises with the Municipal Clerk, as herein provided,
by designating an agent in respect to the premises residing in the
municipality or where such an agent has been designated but cannot
be found at the address given in the registration.
[Amended 2-23-2011 by Ord. No. 03-2011]
Any person, owner, manager, lessor, individual or corporation violating any of the provisions of this chapter shall, upon conviction in a court of competent jurisdiction, be subject to a penalty as provided in Chapter
1, Article
II, General Penalty.