[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 246.
[Adopted 2-19-1997 by Ord. No. 97-1]
This article is adopted in order to protect
the health, safety and welfare of those purchasing dwelling units
or commercial structures within the Borough of Seaside Heights, County
of Ocean, State of New Jersey.
[Amended 12-3-1997 by Ord. No. 97-13; 8-2-2000 by Ord. No. 2000-18; 12-20-2006 by Ord. No.
06-17; 12-17-2008 by Ord. No. 08-22]
A.
No residential property may be sold until the owner of the property to be sold obtains a certificate issued by the Code Enforcement Officer, verifying that the property is in compliance with current applicable smoke detector requirements. No such property may be occupied until the issuance of a certificate of occupancy by the Code Enforcement Officer, verifying that the property is in compliance with all applicable zoning and property maintenance laws of this Borough, site plans, building permits and Tax Assessor records. Following initial occupancy, such properties must be inspected for and receive updated certificates of occupancy in accordance with §§ 55-6, 55-7 and 55-8 of this chapter.
B.
No commercial property may be sold until the owner of the property to be sold obtains a certificate issued by the Code Enforcement Officer, verifying that the property is in compliance with current applicable smoke detector requirements. No such property may be occupied until a certificate of occupancy has been issued by the Code Enforcement Officer, verifying that the property is in compliance with all applicable zoning and property maintenance laws of this Borough, site plans, building permits and Tax Assessor records. Following initial occupancy, such properties must be inspected for and receive updated certificates of occupancy in accordance with §§ 55-6, 55-7 and 55-8 of this chapter.
[Added 2-16-2005 by Ord. No. 05-04]
For every property or structure for which a
certificate of occupancy is issued pursuant to this article, two stickers
shall also be issued by the Code Enforcement Officer for the property
or structure. The owner of the property or structure shall be responsible
for placing one sticker on the front door of the property or structure
facing outside, and the other sticker on the front door facing into
the premises. No property or structure for which said stickers have
been issued shall be occupied unless and until said stickers have
been properly placed. Failure to properly adhere both of the stickers
on the door as described herein shall be a violation of this article.
[Amended 12-3-1997 by Ord. No. 97-13; 2-16-2000 by Ord. No. 2000-4; 2-19-2003 by Ord. No.
03-04; 6-18-2003 by Ord. No. 03-17; 12-20-2006 by Ord. No. 06-17; 12-17-2008 by Ord. No. 08-22; 3-3-2010 by Ord. No. 10-04]
A.
DWELLING, SINGLE-FAMILY
DWELLING UNIT
(1)
(2)
(3)
HOTEL or MOTEL
ROOMING HOUSE
TRANSIENT RENTAL
Definitions. As used in this article, the following
terms shall have the meanings indicated:
A detached residential structure designed to provide living
facilities, including kitchen, for one family only.
APARTMENT UNITA dwelling unit which includes living space, sleeping space, storage space, a kitchen and at least one full bathroom.
HOTEL OR MOTEL UNITA temporary dwelling unit for transient use, having limited or no storage space and at least one full bathroom.
ROOMING HOUSE UNITA dwelling unit that consists of only one room, having a common bath, living and cooking facilities shared by multiple units.
Any building containing any combination of temporary dwelling
units.
Any combination of rooming house units in a building in which
all units may all be used for nontransient rentals at any given time.
A rental for 90 days or less to a person having a permanent
residence elsewhere.
B.
Inspection fees.
[Amended 4-16-2014 by Ord. No. 14-07]
(1)
All buildings, structures and dwelling units, other than hotel or
motel units thereof, that are leased on a nontransient basis shall
be inspected by the Code Official prior to every initial occupancy
or change of occupancy and shall, under no circumstances, be inspected
less than biennially for issuance of an updated certificate of occupancy.
All buildings, structures and dwelling units thereof that are leased
on a transient basis shall be inspected by the Code Official annually.
Hotel or motel dwelling units shall have no more than one rental inspection
pursuant to this chapter annually, regardless of whether such units
are used for transient or nontransient use.
C.
Limitations
on nontransient rentals. No motel or hotel shall allow nontransient
rentals to exceed the following percentages of total units:
[Amended 4-16-2014 by Ord. No. 14-07]
(1)
From January 1, 2010, through December 31, 2010: 30% of the total
dwelling units in the hotel or motel.
(2)
From January 1, 2011, through December 31, 2011: 25% of the total
dwelling units in the hotel or motel.
(3)
From January 1, 2012, forward: 20% of the total dwelling units in
the hotel or motel.
D.
Violations.
Any person violating or failing to comply with any of the provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $1,000 and no more than $2,000, by imprisonment
not to exceed 90 days or by community service of not more than 90
days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Municipal Court Judge. 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.
A.
Any person violating or failing to comply with any
other provision of this article shall, upon conviction thereof, be
punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service, as determined in the discretion of the Municipal Court Judge.
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 2-16-2005 by Ord. No. 05-04]
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
C.
For any violation of this article, the person responsible
for obtaining the transfer certificate of occupancy shall be deemed
to be the seller of the subject property, unless otherwise provided
by law or contract.
[Adopted 2-18-2015 by Ord. No. 15-02[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Rental Property, adopted 2-16-2000 by Ord. No. 2000-4, as amended.
In accordance with N.J.S.A. 40:48-2.53, whenever an owner of
real properties situated within the Borough does not reside at his
property in the case of residential premises, or does not operate
a business at the property in the case of commercial property, that
owner must register with the Clerk of the Borough.
A.
The owner shall register on a form provided by the Borough Clerk's
office. When any property is rented or leased, registration is required
when any unit is rented or leased, regardless of the residency of
the owner on the rented or leased property. The registration required
by this section shall be completed at the time of the annual mercantile
licensing application for properties operated in a manner requiring
a mercantile license.
B.
In accordance with N.J.S.A. 40:48-2.53, the Clerk of the Borough
may forward a copy of any registration made pursuant to this article
to the Clerk of the county.
In accordance with N.J.S.A. 46:8-28, all rental units shall
be registered and licensed as provided herein.
A.
Every owner shall file with the Code Official or his designee a registration
form or other forms developed by the Borough for each rental unit
contained within a building or structure, which shall include the
following information:
(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 persons, shall be provided. 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,
which telephone numbers shall include cell phone numbers. 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,
which shall include providing the cell phone numbers of each such
individual. All registration addresses shall be physical addresses;
post office boxes alone are insufficient.
(2)
If the address of the owner of record is not located in the County
of Ocean, the name, address and telephone number of a person who resides
in the County of Ocean who is authorized to accept notices from a
tenant and to issue receipts therefor and to accept service of process
on behalf of the owner of record.
(3)
The name, address and telephone number of the managing agent of the
premises, if any.
(4)
The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
(5)
The name, address and telephone number and cellular telephone number
of an 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.
(6)
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the 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.
(7)
As to each rental unit, the maximum number of occupants as established
by the New Jersey State Housing Code.
(8)
Name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise permit occupancy of the subject
premises.
(9)
Number of occupants or tenants occupying the rental unit.
(10)
Whether or not the landlord has conducted a tenant screening for
each new tenant and authorized adult household member.
(11)
Such other information as may be prescribed by the Borough on the
appropriate form or otherwise by ordinance or resolution.
B.
In addition to the registration information set forth above, every
owner shall file with the Borough Clerk, and provide a copy to each
individual tenant by separate forms, the name, age and rental unit
address of each occupant or tenant 18 years or older occupying a rental
unit, and a floor plan of the rental unit. These forms shall be filed
with the Borough Clerk and shall not be available for public inspection.
A.
Nontransient rental inspections. All buildings, structures and dwelling
units, other than hotel or motel units thereof, that are leased on
a nontransient basis shall be inspected by the Code Official prior
to every initial occupancy or change of occupancy and shall, under
no circumstances, be inspected less than annually for issuance of
an updated certificate of occupancy. Hotel or motel dwelling units
shall have no more than one rental inspection pursuant to this chapter
annually, regardless of whether such units are used for transient
or nontransient use.
B.
Transient rental inspections. All buildings, structures and dwelling
units thereof that are leased on a transient basis shall be inspected
by the Code Official annually. Such inspections shall be in accordance
with the schedule set forth below to the extent possible and practicable
for issuance of an updated certificate of occupancy. The schedule
shall serve as a guide for both property owners and the Code Enforcement
Officer and shall not serve as the basis for refusal of entry to a
given property to a Code Enforcement Officer, nor shall the schedule
serve as a basis for request of a refund of any fee paid pursuant
to this chapter.
(1)
Multifamily properties and single-family nontransient rental properties
(including condominium units being offered as rentals) shall be inspected
during the months of January, February or December or upon change
of tenant.
(2)
Multifamily properties and single-family transient rental properties
(including condominium units being offered as rentals) shall be inspected
during the months of April and May.
(3)
Motel and hotel properties shall be inspected during the months of
March, April, May, June and July.
In order to ensure that a timely inspection may be made, the
owner of rental property shall be responsible for providing written
notification to the Code Enforcement Officer advising that a premises
is being leased, or offered for lease, on a nontransient basis. At
the time of rental of such property, the owner or his representative
shall be responsible for providing written notification to the Code
Official of the identity and number of tenants occupying such premises.
Upon completion of the inspection of the premises and same being
determined by the Code Official to comply with all applicable Borough
ordinances and state statutes, a rental certificate of occupancy shall
be issued.
A.
A copy of the certificate shall be posted by the owner or representative
in each separate leased or rented unit. No nontransient tenant shall
occupy any building, structure or any units thereof until a rental
certificate of occupancy has been issued.
For every premises or unit leased or rented for which a certificate
of occupancy is issued pursuant to this article, two stickers shall
also be issued by the Code Enforcement Officer for the property or
structure. The owner of the property or structure shall be responsible
for placing one sticker on the front door of the premises or unit
facing outside, and the other sticker on the front door facing into
the premises. No premises or unit for which said stickers have been
issued shall be occupied unless and until said stickers have been
properly placed. Failure to properly adhere both of the stickers on
the door as described herein shall be a violation of this article.
The Code Enforcement Official or his designee shall index and file the registration form and make it reasonably available for public inspection, with the exception of the tenant registration form required in § 55-6B, which shall be confidential.
Every person required to file a registration form pursuant to
this chapter shall file an amended registration form within 20 days
of any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment, with the
exception of a change in ownership of the premises.
A.
It shall be unlawful and a violation of this chapter for an owner,
permittee, lessor or registered tenant of any registered dwelling
to allow a number of people greater than the maximum number of occupants
listed on the registration form. It shall also be a violation of this
chapter for the owner, permittee, lessor or registered tenant to lease
a dwelling unit to a number or group of tenants which exceeds the
total number of sleeping accommodations which has been set forth in
the permit for which application was made under this chapter. It shall
also be unlawful 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 a dwelling unit.
B.
The police officers of the Seaside Heights Police Department or the
Code Enforcement Official are authorized to issue a summons for a
violation of this chapter to any owner, permittee, lessor or registered
tenant found to be in violation of any of the provision of this chapter.
A.
Within 10 days of the receipt of a complaint alleging a reported
violation of this chapter, an inspection officer shall conduct an
inspection as provided for below.
B.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units, hotels
and rooming houses in order that they may promote the purposes of
this chapter to safeguard the health, safety and welfare of the occupants
of rental facilities, rental units, hotels and rooming houses 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, rental units, hotels and rooming/boarding
houses after giving 48 hours' notice, unless there is an emergency
requiring immediate access. The owner or occupant of every rental
facility, rental unit, hotels and rooming/boarding house shall give
the inspecting officer free access to the rental facility, rental
unit, hotel or rooming house at all reasonable times for the purpose
of such inspections, examinations and surveys, including inspections
of the registration forms and other forms required to be supplied
to each tenant.
C.
Every occupant shall give the owner of the rental facility, rental
unit and rooming house access to any part of such rental facility,
rental unit, hotel and rooming house after giving 48 hours' notice,
unless there is an emergency requiring immediate access, for the purpose
of making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or any lawful order issued pursuant
thereto.
A.
Only those occupants whose names are on file with the Borough Clerk
as provided in this chapter may reside in the licensed premises. It
shall be unlawful for any other person to reside in said premises,
and this provision may be enforced against the landlord, tenant, or
other person residing in said premises.
B.
No rental facility shall be conducted in a manner which shall result
in any unreasonable disturbance or disruption to the surrounding properties
and property owners or the public in general, such that it shall constitute
a nuisance as defined in the ordinances of the Borough of Seaside
Heights.
C.
The maintenance of all rental facilities and the conduct engaged
in upon the premises by occupants and their guests shall at all times
be in full compliance with all applicable ordinances and regulations
of the Borough of Seaside Heights and state and federal laws.
D.
Any landlord, tenant, or other person violating the provisions of
this section shall be subject to the penalty provisions of this chapter.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the rental license
issued hereunder for the entire licensed property upon the occurrence
of one or more of the following:
(1)
Conviction of a violation of this chapter in the Municipal Court
or other court of competent jurisdiction.
(3)
Permitting the rental unit to be occupied by more than the maximum
number of occupants as defined herein.
(4)
Maintaining the rental unit or units or the property on which the rental unit is located in a dangerous condition likely to result in injury to persons or property as set forth in § 122-17 of the Code of the Borough of Seaside Heights.
(5)
A rental license issued under this chapter shall be suspended and
considered revoked if taxes or other assessments are delinquent for
three consecutive quarters. Upon payment of such delinquent taxes
or assessments, the license or permit shall be restored, upon new
inspections for occupancy taking place.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a license may
be filed by one or more of the following: the Chief of Police or Code
Enforcement Official. Such complaint shall be in writing and shall
be filed with the Code Enforcement Official or his designee. The complaint
shall be specific and shall be sufficient to appraise the licensee
of the charges so as to allow the licensee the opportunity to present
a defense. The individuals 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 Code Enforcement Official
or his designee shall immediately inform the Borough Council, and
a date for a hearing shall be scheduled which shall not be sooner
than 10 days nor more than 30 days thereafter. The Code Enforcement
Official or his designee shall forward a copy of the complaint and
a notice as to the date of the hearing to the licensee and the managing
agent, if any, at the address indicated on the rental registration
form. All such correspondence shall be sent by certified mail, return
receipt requested. Service upon the managing agent shall be sufficient.
(3)
The hearing required by this section shall be held before the Borough
Council unless, in its discretion, the Borough Council determines
that the matter should be heard by a hearing officer who shall be
appointed by the Borough Council. If the matter is referred to a hearing
officer, such officer shall transmit his finding of fact and conclusions
of law to the Borough Council within 10 days of the conclusion of
the hearing. The Borough Council shall be bound thereby. In the event
that the matter is not referred to a hearing officer and is heard
by the Borough Council, the Borough Council shall render a decision
within 10 days of the conclusion of the hearing. Following the hearing,
a decision shall be rendered dismissing the complaint, revoking or
suspending the rental license, or determining that the license shall
not be renewed or reissued for one or more subsequent rental license
terms.
(4)
A recording shall be made of the hearing. All witnesses shall be
sworn prior to testifying. 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)
The Borough Attorney or a special prosecutor appointed by the Borough
Council shall appear and prosecute on behalf of the complainant in
all hearings conducted pursuant to this section.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension, or other disciplinary action involving the rental license
by a demonstration that the owner has abated 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 the recovery of the premises, eviction of the tenant(s)
or otherwise, and has submitted proof of adequate tenant screening
in accordance with this chapter.
A.
Any person violating or failing to comply with any other provision
of this article shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,250, by imprisonment
not to exceed 90 days, or by community service of not more than 90
days, or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. 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.
B.
The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
