[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; 4-16-2014 by Ord. No. 14-07; 8-16-2023 by Ord. No. 2023-25]
A. Definitions. As used in this article, the following
terms shall have the meanings indicated:
DWELLING, SINGLE-FAMILY
A detached residential structure designed to provide living
facilities, including kitchen, for one family only.
DWELLING UNIT
(1)
APARTMENT UNITA dwelling unit which includes living space, sleeping space, storage space, a kitchen and at least one full bathroom.
(2)
HOTEL OR MOTEL UNITA temporary dwelling unit for transient use, having limited or no storage space and at least one full bathroom.
(3)
ROOMING HOUSE UNITA dwelling unit that consists of only one room, having a common bath, living and cooking facilities shared by multiple units.
HOTEL or MOTEL
Any building containing any combination of temporary dwelling
units.
ROOMING HOUSE
Any combination of rooming house units in a building in which
all units may all be used for nontransient rentals at any given time.
TRANSIENT RENTAL
A rental for 90 days or less to a person having a permanent
residence elsewhere.
B. Inspection fees.
(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.
(2) The inspection fee for any given property shall be:
(a)
Business/commercial property inspection: $200.
(b)
Single-family dwelling/apartments, per unit: $100.
(c)
Hotel/rooming house rooms, per unit: $50.
C. Limitations
on nontransient rentals. No motel or hotel shall allow nontransient
rentals to exceed the following percentages of total units:
(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. Limitations on transient rentals:
(1) During the period commencing April 15 and ending at 12:00 midnight
on June 30 of each year, no transient rental shall be rented to any
person under 21 years of age. The primary occupant of each rental
shall be 21 years of age or older and must actually occupy the unit
during the term of the rental. In the event any occupants are under
21 years of age, those occupants shall be the immediate family member
or under legal guardianship of the primary occupant or another occupant
that is 21 years of age or older. Both the primary occupant executing
the rental agreement and the property owner shall be responsible for
compliance with this provision, and both shall be responsible for
a violation.
(2) During the period commencing July 1 and ending at 12:00 midnight
on April 14 of each year, no transient rental shall be rented to any
person under 18 years of age. The primary occupant of each rental
shall be 18 years of age or older and must actually occupy the unit
during the term of the rental. In the event any occupants are under
18 years of age, those occupants shall be the immediate family member
or under legal guardianship of the primary occupant or another occupant
that is 18 years of age or older. Both the primary occupant executing
the rental agreement and the property owner shall be responsible for
compliance with this provision, and both shall be responsible for
a violation.
E. Violations and penalties. Any person violating or failing to comply
with any of the provisions of this article shall, upon conviction
thereof, be punishable by a fine of $1,000 for a first violation and
$2,000 for each additional violation, 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.
[Adopted 2-18-2015 by Ord. No. 15-02]
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.
C. When applicable, an owner of real property must also comply with the provisions of Chapter
122, Mercantile Licenses.
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.
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.
B. The inspection fee shall be the same as set forth in §
55-3, and the aforesaid fee shall be paid to the Code Official prior to any inspection being made hereunder.
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.