[HISTORY: Adopted by the Township Council
of the Township of Monroe 12-15-1976 by Ord. No. O-14-76 (appeared as Ch. 39A of the 1967
Code); amended in its entirety 5-22-2017 by Ord. No. O:25-2017. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to promote safe and suitable
housing for the benefit of all residents of the Township of Monroe
and to prevent and abate harmful housing conditions. Among other things,
this chapter shall provide for registration of rental units by landlords
(except for owner-occupied two-unit dwellings). By providing for registration
and disclosure of landlords and their addresses, the Township of Monroe
continues its policy of making absentee landlords more responsible
and responsive to the welfare of tenants, as well as neighbors who
live in the Township of Monroe. In addition, this chapter will reduce
the time frame for processing housing complaints and avoid undue delay
in correcting conditions.
The following are hereby accepted, adopted and established as
a standard to be utilized as a guide in determining whether dwellings
and buildings in this Township are safe, sanitary and fit for human
habilitation and/or rental. The standards set forth below may not
all be applicable to certain rental units:
A.
New Jersey State Housing Code (N.J.A.C. 5:28-1.1 et seq.).
B.
Regulations for maintenance of hotels and multiple dwellings (N.J.A.C.
5:10-1 et seq.).
C.
Uniform Construction Code (N.J.S.A. 52:27D-119 et seq. and N.J.A.C.
5:23-1 et seq.).
D.
Uniform Fire Code (N.J.A.C. 5:70-2 et seq.).
E.
Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.).
As used in this chapter, the following terms shall have the
meanings indicated:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesman of the State of New Jersey
as those terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesman of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
[Added 7-22-2019 by Ord.
No. O:24-2019]
Two or more buildings, each containing two or more apartments,
which are located within close proximity of each other and are owned
by the same owner.
Any apartment, cottage, bungalow, any room or rooms in a
rooming/boarding house or other dwelling unit consisting of one or
more rooms occupying all or part of a floor or floors in a building,
whether designated with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment shall be designated
for residence, for office or the operation of any industry or business
or for any type of independent use.
A story partly underground but having less than half of its
clear height, measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line the height shall be measured from the adjoining
grade level.
[Added 7-22-2019 by Ord.
No. O:24-2019]
Any building or structure, or part thereof, used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
[Added 7-22-2019 by Ord.
No. O:24-2019]
Any parcel or tract of land under the control of a person
or organization where designated sites are offered to the public for
the establishment of temporary living quarters, including, but not
limited to, tents, recreational vehicles, and other temporary structures.
[Added 10-26-2023 by Ord. No. O:39-2023]
A story partly underground but having half or more of its
clear height, measured from finished floor to finished ceiling, below
the curb level, except that where the curb level has not been legally
established or where every part of the building is set back more than
25 feet from a street line the height shall be measured from the adjoining
grade elevation.
[Added 7-22-2019 by Ord.
No. O:24-2019]
The certificate of registration issued by the Township Clerk
or designee attesting that the rental unit has been properly registered
in accordance with this chapter.
[Added 5-29-2018 by Ord.
No. O:16-2018]
A premises where any illegal activity occurs or which is
subject to more than two legitimate police service calls within a
period of six months, the legitimacy of each police service call to
be determined on the totality of the circumstances, taking into account
the activity giving rise to the police service call. If the Hearing
Officer determines there was good cause for the police to be there
due to the activity or nonactivity by persons covered herein, then
said service call should be considered legitimate.
Any room or rooms, or suite or apartment, whether furnished
or unfurnished, which is occupied, or intended, arranged or designed
to be occupied, for sleeping or dwelling purposes by one or more persons,
including but not limited to the owner thereof, or any of his agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities, and improvements connected with
use or occupancy thereof.
[Added 7-22-2019 by Ord.
No. O:24-2019]
Any building or structure presently used or used hereafter
for habitation by any human beings, whether the same is occupied or
to be occupied by an owner or tenant or occupied on any other basis.
A room or enclosed floor space within the dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets, storage space and spaces
that are not used frequently or during extended periods of time.
[Added 7-22-2019 by Ord.
No. O:24-2019]
The Township Compliance Officer or person designated pursuant
to subsection b of section 3.19.2 to hear and determine proceedings
under P.L. 1993, c. 127 (N.J.S.A. 40:48-2.12n et seq.). Said Hearing
Officer, in order to assure impartiality and in accordance with N.J.S.A.
40:48-2.12pb, shall be a licensed attorney of the State of New Jersey
and shall not be an owner or lessee of any real property within the
Township of Monroe, nor hold any interest in the assets of or profits
arising from the ownership or lease of such property.
The person or persons who own or purport to own a building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, which building contains
no less than one dwelling unit or not more than four dwelling units.
The person to whom the certificate of registration is issued
pursuant to this chapter. The term "licensee" includes within its
definition the term "registered agent" where applicable.
[Amended 5-29-2018 by Ord. No. O:16-2018[1]]
Any use, possession or control of real property by persons,
entities or personal property.
Any individual who lives or sleeps in, or has actual possession
of, a dwelling unit.
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 rented facility.
An individual, firm, corporation, partnership, association,
trust or other legal entity or any combination thereof.
Lands and/or buildings thereon.
Any law enforcement officer, building official, zoning inspection,
code enforcement officer, fire inspector or building inspector, or
other person authorized by the Township to enforce the applicable
code(s).
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter. The term does not necessarily mean
a licensed real estate broker or salesperson of the State of New Jersey
as these terms are defined by N.J.S.A. 45:15-3; however, such term
may include a licensed real estate broker or salesperson of the State
of New Jersey if such person designated by the owner as his agent
is so licensed.
The person to whom the registration is issued pursuant to
this chapter. The term "registrant" includes within its definition
the term "agent" where applicable.
[Added 7-22-2019 by Ord.
No. O:24-2019]
The registration issued by the Township Clerk or the Clerk's
designee attesting that the rental unit has been properly registered
in accordance with this chapter.
[Added 7-22-2019 by Ord.
No. O:24-2019]
Every building, group of buildings or a portion thereof which
is 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 and is
meant to include apartments, apartment complexes, single-family homes,
multiple units within a single residential building, rooming houses
or group homes.
A dwelling unit which is available for lease or rental purposes
and is meant to include individual apartments located within apartment
complexes or individual rooms available for lease within a residential
building.
A complaint which may form the basis for proceedings in accordance
with Subsection a of Section 4 of P.L. 1993, c. 127 (N.J.S.A. 40:48-2.12q).
[1]
Editor’s Note: This ordinance also repealed the former
definition of “license,” which immediately preceded this
definition.
A.
Duties of owner, operator and/or registered agent. The duties and
responsibilities of an owner, operator and/or registered agent shall
be as follows:
(1)
Maintenance of exterior of premises free of hazards and unsanitary
conditions. The exterior of the premises and all structures thereon
shall be kept free of all nuisances and any hazards to the safety
of occupants, pedestrians, and other persons utilizing the premises,
and free of unsanitary conditions, and any of the foregoing shall
be promptly removed and abated by the owner, operator and/or registered
agent. It shall be the absolute duty of the owner, operator and/or
registered agent, individually or jointly, to keep the premises free
of hazards, which include but are not limited to the following:
(a)
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious
growth, filth, garbage, trash, refuse and debris.
(b)
Natural growth. Dead and dying trees, stumps and limbs or other
natural growth which, by reason of rotting or deteriorating conditions
or storm damage, constitute a hazard to persons or property in the
vicinity thereof. Trees shall be kept pruned and trimmed to prevent
such conditions.
(c)
Overhanging objects. Loose and overhanging objects and accumulation
of ice and snow which, by reason of location above ground level, constitutes
a danger of falling on persons or property in the vicinity thereof.
(d)
Ground surface hazards or unsanitary conditions. Holes, excavations,
breaks, projections, obstructions, icy conditions, uncleared snow
and excretion of pets and other animals on paths, walks, sidewalks,
curbs, driveways, parking lots and parking areas and other parts of
the premises which are accessible to and used by persons on the premises.
All such holes and excavations shall be filled and repaired.
(e)
Brush and hedges near roadways. Any and all brush, hedges and
similar plant life growing within 10 feet of any roadway and/or within
25 feet of the intersection of two roadways shall be cut to a height
of not more than 2 1/2 feet.
(f)
Waste and recycling materials. The occupant of any rental unit
shall be responsible for compliance with all waste and recycling regulations
of the Township of Monroe. The owner, operator or registered agent
shall require by the lease terms that the tenant/occupant comply with
such regulations. Failure to do so will be deemed a violation of this
chapter by the owner, operator or registered agent. Evidence of written
notice to the occupant of his/her obligation to recycle shall be an
absolute defense to such violation.
(2)
Appearance of exterior of premises and residential structures. The
exterior of the premises, the exterior of dwelling structures and
the condition of accessory structures shall be maintained so that
the appearance of the premises and all buildings thereon shall reflect
a level of maintenance in keeping with the residential standards of
the neighborhood or such higher standards as may be adopted as part
of a plan of urban renewal by the Township of Monroe and such that
the appearance of the premises and the structures shall not constitute
a negative impact for adjoining property owners nor an element leading
to the progressive deterioration and downgrading of the neighborhood
with the accompanying diminution of property values, including the
following:
(a)
Storage of commercial and industrial material. There shall not be stored or utilized at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under Chapter 175, Land Management, for the premises.
(b)
Storage of unregistered or nonoperable vehicle(s). There shall
not be stored or utilized at a location any nonoperable vehicle(s).
Any repair of motor vehicle that occurs on site may not exceed a period
of 24 hours.
(c)
Any rental location or property shall not be permitted to erect any accessory building that is not in conformance with the requirements of § 175-89. All existing structures at the time of the amendment to this Code are permitted; however, if they are in disrepair and deemed unsafe, they must be demolished, and any replacement structure shall adhere to this chapter and section.
(d)
Landscaping. Premises shall be kept landscaped, and lawns, hedges
and brushes shall be kept trimmed and from becoming overgrown and
unsightly where exposed to public view and where the same constitute
a negative impact depreciating adjoining property and impairing the
good residential character of the neighborhood. No automobiles shall
be parked upon lawns or placed for sale on front lawns.
B.
Conveyance of property. The owner, operator and/or registered agent
of any property under order by the public officer to repair or demolish
said property shall not convey such property to a new owner without
first notifying the public officer. The new owner shall comply with
the order of the public officer as served upon the seller of said
property and shall not occupy said building or premises until the
order of the public officer is obeyed and a certificate of occupancy
is issued by the public officer.
C.
Obstructions. The front, side and backyards, the driveways, walks
or other parts of the outside premises of any building or any lot
on which no building is located shall not contain any boxes, barrels,
sticks, stones, bricks, bottles, cans, metal drums, iron pipe, old
sheet metal, old furniture, used or unused motor vehicles or boats,
auto parts, old tires, unused bicycles or parts, filth, junk, rubbish,
trash, debris, dead and dying trees, stumps, roots, obnoxious growths,
old lumber or firewood, unless such lumber or firewood is neatly stacked
and not more than five feet in height or piled on supports of least
eight inches above the ground and stored not less than one foot from
the property line; nor shall the grass or weeds on such premises be
allowed to attain a growth of more than 10 inches. Shrubs and flowering
woody plants shall be kept under control and shall not be allowed
to grow beyond the boundaries of the premises on which a building
is located. Various and sundry shacks and outhouses, including toolhouses,
storage sheds and garages, shall be repaired or improved so that they
shall be aesthetically and structurally acceptable or shall be demolished
and removed. Every fence which wholly or partially encloses a premises
on which a building is located must be maintained in a manner that
is aesthetically and structurally acceptable and shall not have broken
posts, broken supporting members nor holes or voids in such fence.
Landlords shall be responsible for maintaining an orderly premises
and are held to standards of responsibility in the selection of tenants
and supervision of the rental premises, requiring that under certain
circumstances, as hereinafter described, such landlords may be required
to post adequate bond against the consequences of disorderly behavior
of their tenants and, in the case of subsequent violations, forfeit
such bond, in whole or in part, in compensation for the consequences
of such behavior.
A.
For a complaint of conduct upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, which have been subject to two legitimate police service calls within a period of six months, as set forth under § 162-3 or substantiated by prosecution and conviction in any court of competent jurisdiction as a violation of any provisions of Title 2C of the New Jersey Statutes or any Township ordinance governing disorderly conduct, the Court may, for the first offense, impose a fine of $1,200 upon the landlord.
B.
For the second offense, which shall be defined as a third legitimate
police service call within one year of the first offense or a second
conviction within one year of the first offense, the Court shall impose
a fine of $1,200 upon the landlord and revoke the person so convicted
of his or her right to operate any commercial business in the unit
from where the first and/or second offense occurred for a period of
up to six months and a term of imprisonment not to exceed six months.
C.
At the conclusion of any twenty-four-month period, if two complaints, on separate occasions, of conduct upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, as set forth § 162-6A above and in the fifth month of the revocation, as set forth in § 162-6B, the Township Council or any officer or employee of the Township designated by the Township Council for the purpose may institute proceedings to require the landlord of those premises to post a bond against the consequences of future incidents of the same character as resulted in the revocation.
D.
Notice of tenant conviction.
(1)
In the event a tenant is convicted of any of the conduct described in § 162-6A, the governing body or Director of Community Development, or the employee designated pursuant to § 162-6A of this section, shall cause notice advising that the conduct specified has occurred, to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the Township.
(2)
The Director of Community Development or person designated pursuant to § 162-6A and C shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the Township, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter, which shall be in the Township Municipal Building, Township Municipal Court or other public place within the Township, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
E.
At the hearing convened pursuant to § 162-6C, the Hearing Officer shall give a full hearing to both the complaint of the Township and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence may present. The Hearing Officer may consider, to the extent deemed relevant by the Hearing Officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the Hearing Officer shall determine whether the landlord shall be required to post a bond in accordance with the terms herein.
F.
Any bond required to be posted shall be in accordance with the judgment
of the Hearing Officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for damages likely to be caused to public or private property
and damages consequent upon disruption of affected residents' rights
of fair use and quiet possession of their premises, securing the payment
of fines and penalties likely to be levied for such offenses, and
compensating the Township for the costs of repressing and prosecuting
such incidents of disorderly behavior, but no such bond shall be in
an amount less than $500 or more than $5,000. The Township may enforce
the bond thus required by action in the Superior Court, and shall
be entitled to an injunction prohibiting the landlord from making
or renewing any lease of the affected premises for residential purposes
until that bond or equivalent security, in satisfactory form and amount,
has been deposited with the Township.
G.
A bond or other security deposited in compliance with Subsection F of this section that remains in force for a period of three years. Upon the lapse of the specified period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 162-7, in which case the security shall be renewed in an amount and for a period that shall be specified by the Hearing Officer.
A.
If, during the period for which a landlord is required to give security pursuant to § 162-6, a substantiated complaint is recorded against the property in question, the Director of Community Development or his/her designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in § 162-6G, of the period for which such security is required, or for an increase in the amount of security required, or for any or all of those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the Hearing Officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 162-6F. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth hereinabove and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this act effectually. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in § 162-6F.
C.
A landlord may recover from a tenant any amount of security actually
forfeited as described hereinabove, N.J.S.A. 40:48.
A.
The New Jersey State Housing Code shall be enforced by the Director
of Code Enforcement/Community Development and the Construction Official
of the Township of Monroe.
B.
The Director of Code Enforcement/Community Development shall appoint
the Housing Officer and/or Code Enforcement Officer to exercise the
powers prescribed by this chapter.
C.
A report shall be made annually to the Director of Code Enforcement/Community
Development, the same to be submitted on or before December 31 of
each year, setting forth all proceedings under this code and containing
such statistics as the Director of Code Enforcement/Community Development
may request to be included. The aforesaid report shall be submitted
to the Mayor and Township Council of the Township of Monroe.
D.
The Director of Code Enforcement/Community Development shall appoint
the Housing Officer who shall under the direction of the Director
of Community Development/Code Enforcement Officer perform inspection
work involved in eliminating blight, restoring and/or eliminating
subnormal housing accommodations, conduct rental and resale inspections
as scheduled, inspect buildings for public health and safety violations,
confer with individual property owners relevant to service of notices
and violations, inspect houses and apartments after completion of
repairs to ensure compliance, including but not limited to abandoned
houses throughout the Township, coordinate inspections and interact
with various departments.
[Added 9-11-2017 by Ord.
No. O:29-2017]
A.
All buildings or structures used, occupied or offered for occupancy
as rental units on a lease or rental basis shall hereinafter be registered,
in writing, on a form provided by the Township Clerk or designee,
which form shall be signed by the owner, operator and/or the registered
agent and filed with the Director of Community Development.
B.
Filing and contents of registration forms. Without in any way intending
to infringe upon the requirements of N.J.S.A. 46:8-28, all rental
units shall be registered as provided herein. Every owner, operator
or registered agent shall file with the Director of Community Development
or designee a registration form for each unit contained within a building
or structure, which shall include the following information:
[Amended –5-29-2018 by Ord. No. O:16-2018]
(1)
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same
persons. In the case of a partnership, the names and addresses of
all general partners shall be provided, together with the telephone
numbers for each of such individuals indicating where such individuals
may be reached both during the 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 numbers for each of such individuals indicating
where such individuals may be reached both during the day and evening
hours. All registration addresses shall be physical addresses; post
office boxes alone are insufficient.
(2)
If the address of any record owner is not located in New Jersey,
the name and address of a person residing or who has a principal office
in New Jersey who is authorized to accept notices from a tenant and
to issue receipts therefor and to accept service of process on behalf
of the record owner.
(3)
The name and address, including the dwelling unit number of the superintendent,
janitor, custodian or other individual employed by the owner or registered
agent to provide regular maintenance service, if any.
(4)
The name, address and telephone number of an individual representative
of the owner or registered 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
future 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.
(5)
The name and address of every holder of a recorded mortgage on the
premises.
[Added 7-22-2019 by Ord.
No. O:24-2019]
(6)
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
[Added 7-22-2019 by Ord.
No. O:24-2019]
(7)
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this provision, an owner shall submit a floor plan which shall
become part of the application and which shall be attached to the
registration form when filed by the Township Clerk or designee.
[Added 7-22-2019 by Ord.
No. O:24-2019]
(8)
Such other information as may be prescribed by the Township of Monroe.
[Added 7-22-2019 by Ord.
No. O:24-2019]
C.
Registration form; indexing; public inspection; fee. The Township
Clerk or designee shall index and file the registration form and make
it reasonably available for public inspection. In doing so the Township
Clerk or designee 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 chapter.
[Added 7-22-2019 by Ord.
No. O:24-2019]
D.
The Township Clerk or the designee shall maintain a master index of all such registration forms and any person may obtain from the Township Clerk or designee a list of all rental units properly registered upon payment of a fee as set forth in § 162-10, Fees.
[Added 7-22-2019 by Ord.
No. O:24-2019]
E.
Registration form; amendments. Every person required to file a registration
form pursuant to this chapter shall file an amended registration form
within 20 days after any change in the information required to be
included thereon. No fee shall be required for the filing of an amendment
except where the ownership of the premises is changed.
[Added 7-22-2019 by Ord.
No. O:24-2019]
F.
Prohibitions on occupancy. No person shall hereafter occupy any rental
unit, nor shall the owner permit occupancy of any rental unit, within
the Township of Monroe which is not registered in accordance with
this chapter.
[Added 7-22-2019 by Ord.
No. O:24-2019]
[Amended 5-29-2018 by Ord. No. O:16-2018; 3-27-2019 by Ord. No. O:09-2019]
Refer to § 74-19, Housing inspections, certificates of occupancy and compliance.
A.
Certificate of occupancy; when required.
[Amended 5-29-2018 by Ord. No. O:16-2018; 3-27-2019 by Ord. No. O:09-2019]
(1)
Certificates
of occupancy shall be required for human habitation of all existing
dwelling units in the Township of Monroe before a change in occupancy
of any unit may be effected.
(2)
All
rental units shall be inspected annually to retain their certificate
of occupancy. The certificate of registration will run from January
1 to December 31.
B.
Additional requirements for certificates unaffected. The certificate
of occupancy required herein does not repeal or amend requirements
for other certificates of occupancy heretofore provided for by ordinances
of this municipality or statutes of the State of New Jersey.
C.
Application for certificate.
(1)
An application for a certificate of occupancy for change in occupancy
shall be made to the Housing Department of the Township of Monroe.
(2)
An application for inspection must be completely filled out and submitted
to the office of the Housing Department.
(3)
The Housing Official and/or Code Enforcement Officer shall thereupon
cause an inspection to be made of the subject dwelling unit to determine
if such unit is fit for human habitation and in compliance with all
applicable Township ordinances and laws of the State of New Jersey
related to maintenance, safety and health, including a well test when
applicable every five years.
D.
Smoke detectors and carbon monoxide detectors required. In addition
to the requirements for a certificate of occupancy hereinabove set
forth, it shall also be required that each such dwelling unit have
installed therein a minimum of one smoke detector and one carbon monoxide
detector approved, listed and labeled "smoke detector" and "carbon
monoxide detector," sensing visible or invisible particles of combustion,
installed in a manner and location consistent with its listing. When
activated, the detector(s) shall provide an alarm suitable to warn
the occupants within the building.
E.
Responsibility for obtaining certificate of occupancy. The owner,
representative and/or registered agent representing the owner and/or
estate of each dwelling unit, subject to this chapter, is hereby charged
with the responsibility for making written application to the Housing
Department for a certificate of occupancy. In the event that a change
of occupancy is also accompanied by a change of ownership of a dwelling
unit, the buyer of such dwelling unit may waive the seller's responsibility
and assume the same; provided, however, that such waiver shall be
in writing. Said waiver shall state that the buyer is fully aware
that he/she or it is assuming full responsibility for obtaining a
certificate of occupancy pursuant to this chapter and such written
waiver shall be filed with the Housing Department.
F.
If in the event there is a sale, transfer or conveyance of a dwelling
that is unfit for occupancy at the time of the transfer, the new owner,
purchaser or entity within which title is held shall be required to
execute an affidavit under oath containing a list of all repairs necessary
for legal occupancy. Said affidavit shall be effective for 60 days
and repairs to the dwelling must begin immediately after the sale
and commence within 60 days. An extension of the sixty-day period
shall only be granted for good cause as determined by the Housing
Official and/or Code Enforcement Officer. The purchaser of said dwelling
shall be responsible for applying for the transfer of ownership prior
to the scheduled closing and shall be responsible thereafter to maintain
the dwelling and structure.
G.
The Housing Official and/or Code Enforcement Officer shall, within 10 working days of the receipt of the fully completed application for a certificate of occupancy and the accompanying fee pursuant to this chapter, make such inspections as are required and, upon determining that the requirements of § 162-21, when applicable, and § 162-11D above have been complied with, issue a certificate of occupancy.
H.
If, upon the inspection or reinspection aforesaid, the Housing Official
and/or Code Enforcement Officer or his representative finds the subject
dwelling unit is not in compliance, said official or his representative
shall thereupon, and within the said 10 working days, notify the applicant,
in writing, of such noncompliance, specifically setting forth the
violation or violations which require corrections.
I.
Upon correction of the violations, the applicant shall notify the
Housing Officer and/or Code Enforcement Officer, in writing, and shall
submit a reinspection fee of $25 with such notification, whereupon
the Housing Officer and/or Code Enforcement Officer shall reinspect
the subject dwelling within five working days of receipt of such notification
and reinspection fee. This procedure shall be followed until all violations
have been corrected, at which time a certificate of occupancy shall
be issued.
J.
The Housing Officer and/or Code Enforcement Officer shall furnish
copies of all regulations referred to herein to any person for a fee
not to exceed $3.
A.
Each rental unit shall be inspected at least once every twelve-month
period.
B.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Director of Code Enforcement/Community
Development with the consent of the Mayor and Township Council, and
inspections made by person(s) or an agency other than the duly authorized
and appointed person, persons or agency of the Township of Monroe
shall not be used as a valid substitute.
C.
Such inspection shall be for the purpose of determining compliance
to all applicable zoning, housing, property maintenance, fire, public
safety, health and welfare.
D.
Unsatisfactory inspection. In the event that the inspection(s) of
a rental unit does not result in a satisfactory inspection, such property
shall not thereafter be registered nor shall a Certificate of Registration
be issued, and the owner of the property or his registered agent shall
not lease or rent such property nor shall any tenant occupy the property
until the necessary corrections have been made so as to bring the
property and rental unit into compliance with the applicable code
and the property is thereafter subsequently inspected, registered
and issued a Certificate of Registration. In the event that the property
is occupied when such conditions are discovered, all such corrections
shall be made within 60 days, and if not made within that time period,
the owner shall be deemed in violation of this chapter, and every
day that the violation continues shall constitute a separate and distinct
violation, subject to the penalty provisions of this chapter.
[Amended 5-29-2018 by Ord. No. O:16-2018]
A.
The enforcement officers are hereby authorized and directed to make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the Township of Monroe in
order that they may perform their duty of safeguarding the health
and safety of the occupants of dwellings and of the general public.
For the purpose of making such inspections, the enforcement officers
are hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling unit(s) or rooming unit(s), or the person
in charge thereof shall give the enforcement officers free access
to such dwelling, dwelling unit or rooming unit and its premises at
all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a dwelling or dwelling unit shall give
the owner thereof or his agent or employee access to any part of such
dwelling or dwelling unit or its premises at all reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with the provisions of this chapter or with any
lawful rule or regulation adopted or with any lawful order issued
pursuant to the provisions of this chapter.
B.
Code Enforcement Officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boardinghouses 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 and rooming/boardinghouses
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 and rooming/boardinghouses
at all reasonable times. The owner or occupant of every rental facility,
rental unit and rooming/boardinghouse shall give the inspecting officer
free access to the rental facility, rental unit and rooming/boardinghouse
at all reasonable times for the purpose of such inspections, examinations
and surveys.
C.
Complaints. Within 72 hours of the receipt of a complaint alleging
a reported violation of this chapter, a public officer shall conduct
an inspection as hereinbefore provided.
A.
Providing registration form and Truth in Renting Handbook to occupants
and tenants. Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
chapter as well as the Truth in Renting Handbook published by the
New Jersey Department of Community Affairs. This particular provision
shall not apply to any hotel, motel or guesthouse registered with
the State of New Jersey pursuant to the Hotel and Multiple Dwelling
Act as defined in N.J.S.A. 55:13A-3. This provision may be complied
with by posting a copy of the registration certificate in a conspicuous
place within the rental unit(s).
B.
Maximum number of occupants; posting. The maximum number of occupants
shall be posted in each rental unit. It shall be unlawful 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 the rental unit for a period
exceeding 10 days.
[Amended 5-29-2018 by Ord. No. O:16-2018]
Payment of taxes and other municipal charges required. No rental
unit may be registered and no Certificate of Registration shall be
issued for any property containing a rental unit unless all municipal
taxes and any other municipal assessments are paid at the time of
filing.
Only those occupants whose names are on file with the Housing
Department 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.
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 Township of Monroe and with all applicable state and federal
laws.
Any landlord, tenant or other person violating the provisions
of this chapter shall be subject to the penalty provisions of this
chapter.
[Amended 5-29-2018 by Ord. No. O:16-2018]
A.
Notice. Whenever an inspecting officer determines that there has
been a violation of this chapter, he/she shall serve a written notice
of the violation on the owner, operator and/or registered agent, which
shall include a statement of the reasons why it is being issued and
what action, if any, the owner, operator and/or registered agent must
take to abate the violation. Said notice shall also state that the
violation(s) must be corrected within 10 days and, if not, that the
certificate of occupancy for the subject premises shall be revoked,
in addition to the remedies and provisions set forth elsewhere in
this chapter. Said period for correction may be extended or abbreviated
by the housing officer for a definite number of days for good cause.
Good cause for such extension shall include but is not limited to
delays in the correction of the violations caused by weather conditions,
unavailability of building/construction materials, and/or unavailability
of contractors hired to correct the violations or the existence of
emergent circumstances affecting the health or safety of occupants
or residents of the Township of Monroe.
B.
Revocation; appeal.
(1)
If a violation is not corrected within 10 days of the service of
a notice thereof, or any extension or abbreviation given, the inspecting
officer may serve an order upon the owner, operator and/or registered
agent that the certificate is revoked and occupancy prohibited, effective
five days from the service thereof.
(2)
In addition to any other penalty prescribed herein, an owner, operator
or registered agent may be subject to the revocation or suspension
of the certificate of registration issued hereunder upon the happening
of one or more of the following on repeated and/or multiple occasions
evidencing a pattern of disregard of this chapter:
(a)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(b)
Continuously permitting the rental unit to be occupied by more
than the maximum number of occupants as defined in this chapter.
(c)
Maintaining the rental unit or units or the property in which
the rental unit is a part in a dangerous condition likely to result
in injury to person or property.
C.
Hearings.
(1)
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this chapter, or of any rule
or regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the officer, provided that such person
shall file in the office of the Housing Department a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the day the notice was served.
Upon receipt of such petition, the officer shall set a time and place
for such hearing and shall give the petitioner written notice thereof.
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the officer may postpone the date of the hearing for
a reasonable time beyond the ten-day period if, in his judgment, the
petitioner has submitted a good and sufficient reason for such postponement.
(2)
After such hearing, the officer shall sustain, modify or withdraw
the notice, depending upon his findings as to whether the provisions
of this chapter and of the rules and regulations adopted pursuant
thereto have been complied with. If the officer sustains or modifies
such notice, it shall be deemed to be an order. Any notice served
pursuant to this chapter shall automatically become an order if a
written petition for a hearing is not filed in the office of the Housing
Officer and/or Code Enforcement Officer within 10 days after such
notice is served.
(3)
Any person aggrieved by the decision of the officer may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of the state.
(4)
Whenever the officer finds that an emergency exists which requires
immediate action to protect the public health or safety, he may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring that such action be taken as he deems necessary
to meet the emergency. Notwithstanding the other provisions of this
chapter, such order shall be effective immediately but, upon petition
to the officer, the petitioner shall be afforded a hearing as soon
as possible. After such hearing, depending upon his findings as to
whether the provisions of this chapter and of the rules and regulations
adopted pursuant thereto have been complied with, the officer shall
continue such order in effect, modify it or revoke it.
[Amended 5-29-2018 by Ord. No. O:16-2018]
A.
A complaint seeking the revocation or suspension of a certificate
of registration may be filed by any one or more of the following:
Chief of Police, Construction Code Official, Housing Inspector, the
Zoning Enforcement Officer or any other person or officer authorized
to file such complaint. Such complaint shall be in writing and filed
with the Township Clerk or designee. The complaint shall be specific
and shall be sufficient to apprise the licensee of the charges so
as to permit the licensee to present a defense. The individual(s)
filing the complaint may do so on the basis of information and belief
and need not rely on personal information.
(1)
Upon the filing of such written complaint, the Township Clerk or
designee shall immediately inform the Township Council, and a date
for a hearing shall be scheduled which shall not be sooner than 20
days nor more than 45 days thereafter. The Township Clerk or designee
shall forward 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.
(2)
The hearing required by this section shall be held before a hearing
officer designated by the Township. Such hearing officer should preferably
be a Municipal Court Judge or retired Judge of the Superior Court
of New Jersey, depending upon availability. Such officer shall transmit
his/her findings of fact, conclusions of law and recommendation for
penalty to the Township Council within 30 days of the conclusion of
the hearing. The Township Council shall then review the matter and
may accept, reject or modify the recommendations of the hearing officer
based on the record before such hearing officer. Following the hearing,
a decision shall be rendered dismissing the complaint, revoking or
suspending the certificate of registration or determining that the
certificate of registration shall not be renewed or reissued for one
or more subsequent years.
(3)
The hearing shall be recorded. All witnesses shall be sworn prior
to testifying. The rules of evidence shall not be strictly applied,
and the evidential rules and burden of proof shall be those that generally
control administrative hearings.
(4)
The Township Solicitor or his designee shall appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
B.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a certificate of
registration by demonstrating 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 recovery of the premises, eviction of
the tenant(s) or otherwise.
The Enforcement Officer is hereby authorized and directed, as part of their inspections set forth in § 162-4, to require that all dwellings, dwelling units, rooming units and premises located within the Township comply with all of the terms and conditions of N.J.S.A. 58:12A-26 et seq. (Private Well Testing Act). The requirements set forth within the Act shall be a condition of the issuance of a housing permit and/or certificate of occupancy for a resale or rental property. In addition to the requirements set forth in the Act, the owner, prior to a transfer of the structure set forth herein, shall be required to remediate any deficiencies without any exceptions. There shall be no exemptions or temporary permits issued wherein it is determined that there is noncompliance with the Act or the requirements of the Township Code.
The Director of Community Development or designee is authorized
to promulgate such forms as may be necessary from time to time in
order to implement and enforce the provisions of this chapter.
No person shall occupy as owner-occupant or rent to another
for occupancy any dwelling unit for the purpose of living therein
which does not conform to the provisions of the New Jersey State Housing
Code established hereby as the standard to be used in determining
whether a dwelling is safe, sanitary and fit for human habitation.
The Township of Monroe may, upon proper notice to the owner,
operator and/or registered agent, direct the abatement of a nuisance
to correct a defect or put the premises in such proper condition so
as to comply with the requirements of this chapter, and the costs
thereof, upon the certification to it by the public officer of the
amount of the costs, shall be charged as a lien against the subject
lands and premises and shall be added to and form a part of the taxes
next to be assessed and levied upon such lands and premises, to bear
interest at the same rate as taxes, and shall be collected and enforced
in the same manner as taxes.
Whenever the Housing Code Official, and/or any public official,
finds that an emergency exists with reference to a dwelling unit and/or
rental facility, and the provisions of this chapter require immediate
action to protect the health of the occupants or the general public,
he/she may, without notice or hearing, serve an order, upon the owner
or registered agent, as the case may be, reciting the existence of
such emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately. The owner or registered
agent to whom the order is directed shall comply therewith immediately,
unless he/she appeals to the Housing Code Official, Board of Health,
or other designated Township official as hereinabove provided, as
soon as possible, within a period not to exceed five days. The order
shall state the right to such hearing.
[Added 7-22-2019 by Ord.
No. O:24-2019]
A.
Cellars and basements. No cellar area or any part thereof shall be
used for sleeping purposes. Basements may be used for sleeping purposes,
provided that the entire basement complies with all requirements of
this chapter, that all furnaces or other heating or hot water facilities
are so located, insulated and separated from living areas by resistive
partitions of two-hour fire rating, that fire extinguishers are provided
at an accessible location in proximity thereto for use in case of
fire and that the floors, ceilings and walls are impervious to leakage
of underground and surface runoff water and are insulated from and
free from dampness and moisture.
B.
Heat. Every rental facility shall have heating facilities which are
properly installed, maintained in good and safe working condition
and capable of safely and adequately heating all applicable rooms,
bathrooms and water closets located therein to a temperature of at
least 70° F. when the outside temperature is 0° F. The temperature
shall be read at a height of three feet above floor level at the center
of the room.
C.
All heating facilities located on the same floor with sleeping or
living facilities shall be separated from said sleeping or living
facilities by a fire-resistant wall.
D.
Lighting and ventilation.
(1)
Every habitable room shall have at least one window or skylight facing
directly to outdoors, which shall be of sufficient size and location
so that, when combined with artificial lighting and ventilating devices,
said room will be fit for human occupancy, in accordance with the
minimum standards hereinafter set forth with respect to lighting and
ventilation.
(2)
Means of ventilation shall be provided for every habitable room.
Such ventilation may be provided by an easily operable window or skylight,
or by other acceptable means, which will provide at least two air
changes per hour.
(3)
Means of ventilation shall be provided for every bathroom or water
closet compartment. Such ventilation may be provided by an easily
operable window or skylight or by other acceptable means which will
provide at least six air changes per hour.
E.
Kitchen. Every dwelling unit in which the regular preparation of
meals is to be accomplished must be equipped with a means of natural
ventilation or mechanical ventilation sufficient to promptly remove
cooking odors to the exterior of the premises.
F.
Maintenance.
(1)
Every foundation, floor, wall, ceiling, door, window, roof or other
part of a building shall be kept in good repair and capable of the
use intended by its design, and any exterior parts or part thereof
subject to corrosion or deterioration shall be kept well painted.
(2)
Every inside and outside stairway and every porch and appurtenance
thereof shall be so constructed as to be safe to use and capable of
supporting the load that normal use may cause to be placed thereon
and kept in sound condition and good repair. Every stairway having
three or more steps shall be properly banistered.
(3)
Every porch, balcony, roof and/or similar place higher than 30 inches
above the ground used for egress or for use by occupants shall be
provided with adequate railings. Such protective railings shall be
properly balustraded and shall not be less than three feet in height.
(4)
Every roof, wall, window, exterior door and hatchway shall be free
from holes or leaks that would permit the entrance of water within
a dwelling or be a cause of dampness.
(5)
Every foundation, floor and wall shall be free from chronic dampness.
(6)
Every rental facility shall be free from rodents, vermin and insects.
Rodents or vermin extermination and rodent proofing or vermin proofing
may be required by the inspecting officer or the Board of Health.
(7)
Every rental facility shall be clean and free from garbage or rubbish
and other hazards to safety. Lawns, hedges, trees, bushes, and other
forms of vegetation shall be kept trimmed and shall not be permitted
to become overgrown and unsightly. Fences shall be kept in good repair.
(8)
The inspecting officer, Code Official or the Board of Health may
issue an order to clean, repair, paint, whitewash or paper such walls
or ceilings when a wall or ceiling in a dwelling has deteriorated
so as to provide a harborage for rodents or vermin, or when such wall
or ceiling has become stained or soiled or where the plaster wallboard
has become loose or badly cracked or missing.
G.
Fire protection. Each rental facility shall contain a fire extinguisher
on every floor or portion thereof used as a rental facility. These
should be kept in a designated location in a condition which will
permit efficient operation without delay.
[Added 2-14-2023 by Ord. No. O:02-2023]
A.
ADVERTISE or ADVERTISING
CONSIDERATION
DWELLING UNIT
HOUSEKEEPING UNIT
OCCUPANT
OWNER
PERSON
RESIDENTIAL OCCUPANCY
RESIDENTIAL SWIMMING POOL
Definitions.
Unless otherwise specified herein, the following definitions shall
be used for terms within this section:
Any form of solicitation, promotion and communication for
marketing used to solicit, encourage, persuade or manipulate viewers,
readers or listeners into contracting for goods and/ or services in
violation of this section, as same may be viewed through various media,
including but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages, for the purpose of establishing
occupancies or uses of rental property for consideration, which are
prohibited by this section.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration, including a promise or benefit,
a quid pro quo, rent, fees, other form of payment, or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, specifically excluding any
hotels or motels, cooking, gathering and/ or entertaining, as a residential
occupancy, by one or more persons. This definition includes an apartment,
condominium, building, cooperative, converted space or portions thereof
that is offered to use, made available for use, or is used for accommodations,
lodging, cooking, sleeping, gathering and/ or entertaining of occupants
and/ or guest(s) for consideration.
Shall mean and constitutes a family- type situation involving
one or more persons, living together that exhibits the kind of stability,
permanency and functional lifestyle equivalent to that of a traditional
family unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessor right(s) within a
dwelling unit.
Any person(s) or entity(ies), association, limited-liability
company, corporation or partnership or any combination, who legally
uses, possesses, owns, leases, subleases or licenses (including an
operator, principal, shareholder, director, agent or employee, individual
or collectively) that has charge, care, control or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity and any person(s) and/or
entity(ies) acting in concert or any combination therewith.
The use of a dwelling unit by an occupant(s).
The use of any artificial structure, basin, chamber, or tank
containing a body of water for the primary purpose of swimming, diving,
or recreational or therapeutic bathing.
B.
Minimum
term.
(1)
Notwithstanding
anything to the contrary in the Township Code, it shall be unlawful
for an owner, lessor, sublessor, any other person(s) or entity(ies)
with possessory or use right(s) in a dwelling unit, their principals,
partners or shareholders, or their agents, employees, representatives
and other person(s) or entity(ies), acting in concert or a combination
thereof, to receive or obtain actual or anticipated consideration
for soliciting, advertising, offering, and/or permitting, allowing,
or failing to discontinue the use or occupancy of any dwelling unit,
as defined herein, for a period of less than 28 days.
(2)
Nothing
in this section will prevent formation of an otherwise lawful occupancy
of a dwelling unit for a rental period of 28 days or more.
(3)
Nothing
in this section will prevent formation of an otherwise lawful occupancy
of a dwelling unit for a rental period of less than 28 days to an
active duty member of the United States military.
(4)
Nothing
in this section will prevent formation of an otherwise lawful occupancy
of a dwelling unit for a rental period for less than 28 days, provided
that the owner of the premises physically resides on the premises
for the entire rental period and has received approval from the Township
Planning and Zoning Board to operate as a bed-and-breakfast.
(5)
The
residential occupancy of an otherwise lawful and lawfully occupied
dwelling unit for a period of less than 28 days by any person who
is a member of the housekeeping unit of the owner, with or without
consideration, such as house guests, is permitted.
C.
Residential
swimming pools. Notwithstanding anything to the contrary in the Township
Code, residential swimming pool rentals are not permitted. It shall
be unlawful for an owner, lessor, sublessor, any other person (s)
or entity(ies) with possessory or use right(s) in a residential swimming
pool, their principals, partners or shareholders, or their agents,
employees, representatives and other person(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use of any residential
swimming pool, as defined herein, for any duration of time.
Notices issued by a public officer pursuant to this chapter
shall be served upon the owner, operator and/or registered agent,
either personally or by registered mail, but if the whereabouts of
such person are unknown, then the serving of such notices shall be
made by posting a copy thereof upon the subject premises in a conspicuous
place and forwarding said notice to the tax bill address.
In any case where the provisions of this chapter impose a higher
standard than set forth in any other local ordinances or under the
laws of the State of New Jersey, then the standards that are set forth
herein shall prevail, but if the provisions of this chapter impose
a lower standard than any other local ordinances or of the laws of
the State of New Jersey, then the higher standard contained in any
such other ordinance or code shall prevail.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall, upon conviction, be punished by
a fine of not to exceed $1,000 or by imprisonment in the county jail
for a period not to exceed 90 days, or by both fine and imprisonment,
and each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
[Added 3-27-2023 by Ord. No. O:10-2023]
A.
Purpose and intent. It is the purpose and intent of the Township
to establish a business insurance registration system within the Township
to comply with N.J.S.A. 40A:10A-1 et seq.
B.
Liability insurance, negligent acts, omissions; business owners,
rental unit, units owner.
(1)
Except as provided in Subsection B(2) of this section, the owner of a business or the owner of a rental unit or units pursuant to N.J.S.A. 40A:10A-1 et seq. shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
(2)
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
C.
Certificate of insurance, annual registration, municipality business,
rental units, multifamily home.
(1)
The owner of a business, owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance demonstrating compliance with Subsection A of this section with the Township of Monroe.
(2)
For violations of any provision in this section, a fine of not less
than $500 but no more than $5,000 shall be imposed against an owner
who failed to comply with the provisions of this section.
[Added 10-26-2023 by Ord. No. O:39-2023]
Notwithstanding any other provisions in this chapter, campgrounds, as defined in § 162-3, shall be excluded from the enforcement of this chapter.
