[Adopted 7-25-2019 by Ord. No. 2019:12]
In addition to the definitions as set forth in § 251-1 of Article I and § 251-17 of Article II of this article, as used in this article, the following terms shall have the meanings indicated:
Any building or portion thereof designed or used exclusively
for one or more dwelling units, as delineated below:
DWELLING UNITSHORT-TERM RENTAL — A building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building, either vertically or horizontally, and with an independent means of access.
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, EFFICIENCY APARTMENTAn apartment including the following separate rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.
A space in the building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable spaces.
A room within or section of a dwelling that constitutes an
area less than the entire dwelling.
A dwelling, or segment thereof, rented or leased for a term
of three days or more, up to 29 days. Under no circumstances may a
dwelling, or segment thereof, be rented or leased for a term of less
than three days.
The Township of Pennsauken.
For the purpose of the consumption of alcoholic beverages,
under the age of 21 years old. For all other purposes, under the age
of 18 years old.
A.
The purpose of this article is to regulate the increasingly widespread
practice of renting or leasing various types of dwellings, or segments
thereof, located primarily in residential neighborhoods, on a short-term
basis to transient guests.
B.
The Township Committee finds that the rental of residential dwellings
for short-term occupancy has been identified as a community concern
due to the potential for increased traffic, noise, high occupant turnover,
and increased density in residential neighborhoods.
C.
The number of individuals occupying such short-term rentals has the
potential to exceed standards for the design capacity of such structures
and to cause health and safety risks for the occupants, neighbors
and nearby properties.
D.
The purpose of this article is to safeguard the peace, safety and
general welfare of the residents of the Township and their visitors
or guests by reducing noise, traffic and parking congestion, vandalism,
overcrowding, neighborhood uncertainty, high occupant turnover, the
diminution of neighborhood character, and other secondary effects
that have been associated with the short-term rental of residential
properties.
E.
Therefore, the Township of Pennsauken adopts this article to prohibit
and regulate short-term residential rentals, and enforce said prohibitions
and regulations.
A.
No person shall hereafter occupy any short-term rental unit, nor
shall the owner permit occupancy of any short-term rental unit within
the Township of Pennsauken, which is not inspected in accordance with
this article.
B.
No short-term rental unit may be scheduled for inspection unless
all municipal taxes, water and sewer charges and any other municipal
assessments are paid on a current basis.
C.
Subject to the provisions of this article, the short-term rental
of a dwelling, or segment thereof within a dwelling, is permitted
provided the following conditions are satisfied:
(1)
The dwelling has completed the rental registration process including, but not limited to, registering as a rental property, paid the accompanying registration fee of $350, has been inspected, issued a rental certificate of occupancy, and complied with all other requirements set forth in Chapter 251 of the Code of the Township of Pennsauken. In addition thereto, the dwelling will be inspected monthly under the criteria as set forth by the "Short-Term Rental Monthly Inspection Criteria," which shall be provided to the landlord upon the application for inspection of the short-term rental property pursuant to this article. The fee for this monthly inspection shall be $50.
(2)
The landlord has filed the appropriate application for inspection with the Township pursuant to N.J.S.A. 46:8-28 and Chapter 251 of the Code of the Township of Pennsauken.
(3)
The dwelling complies with all applicable health, safety, construction,
zoning, and fire codes.
(4)
The dwelling has a minimum of two bedrooms.
(5)
The addition of the tenant does not result in a violation of occupancy
limitations as set forth in the applicable building and fire codes.
(6)
The tenant has unrestricted access to the dwelling's common
areas and amenities, including but not limited to kitchens, basements,
garages, laundry facilities, patios/porches, pools, assigned closets,
assigned bathrooms, and living and dining areas.
(7)
Bedroom doors may have privacy locks, but not key locks.
(8)
There is sufficient space on the subject property to lawfully provide
one on-premises parking space for each tenant's vehicle.
(9)
The owner of the short-term rental unit notifies the Township of
each tenant change. This information must include: the name, address,
telephone number and e-mail address of all tenants/occupants as well
as the names of all underage individuals.
The lease or rental of any dwelling for commercial purposes
is prohibited.
The lease or rental, for any purpose, of any amenity, feature,
accessory, or appurtenance to or associated with a dwelling is prohibited.
A.
Each inspectee granted a certificate of inspection pursuant to this
article shall be permitted to lease or rent the dwelling which has
been inspected and for which a certificate of inspection has been
granted hereunder to a number of registered tenants, which number
shall not exceed the number which has been computed in accordance
with the following:
(1)
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area.
(2)
Every room occupied for sleeping purposes by more than one person shall contain at least 50 additional square feet of floor area for each occupant thereof, except that any such room, any building or structure which is in existence and for which a certificate of occupancy has been issued as of March 28, 1996, shall be deemed to accommodate two people notwithstanding the fact that such room does not have a minimum of 120 square feet as required by this Subsection A.
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 to allow a greater number of occupants than the posted maximum
number to sleep in or otherwise occupy the rental unit. Any person
violating this provision shall be subject to the penalty provisions
provided herein. For purposes of this subsection, the term "person"
is intended to mean owner and/or occupier, tenant or guest occupying
the rental unit, including invitees.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
and/or occupier may be subject to the revocation or suspension of
a certificate of inspection or having such certificate of inspection
placed in probationary status or other appropriate disciplinary action
upon the happening of one or more of the following:
(1)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(2)
Following a determination of a violation of this article after a hearing held pursuant to Subsection C of this section.
(3)
A pattern of renting the unit(s) to one or more individuals or groups of individuals who, during any one or more inspection term(s), are convicted of a violation of Chapter 210, Noise, or a violation of any other Township ordinance, which conviction is related to or rising out of the use and occupancy of the short-term rental unit(s). In order to support disciplinary action under this section, it need not be shown that convictions are of the same individual(s) or that the conviction(s) were for conduct occurring during any single certificate of inspection term. It shall be sufficient to demonstrate that such convictions were of different individuals occurring over one or more certificate of inspection terms.
(4)
A pattern of permitting the short-term rental unit(s) to be occupied
by more than the maximum number of occupants as defined herein.
(5)
Maintaining the short-term rental unit, or units or the portion of
the property which is subject to short-term rental, in a dangerous
condition likely to result in injury to person or property.
(6)
A false, misleading, or fraudulent statement made in connection with
the short-term rental inspection application of a short-term rental
unit or units, under this article.
(7)
A pattern of conduct which results in creating, maintaining, permitting
or suffering the existence of any of the following conditions at or
about the short-term rental unit
(a)
Disorderly conduct on the part of tenant(s) or occupant(s) or
their guests. "Disorderly conduct" shall be as defined in N.J.S.A.
2C:33-2; provided, however, that a conviction of such person or persons
under that statute shall not be required in order for the Township
to take action under this section.
(b)
A nuisance, as that term is defined by N.J.S.A. 2C:33-12; provided,
however, that a conviction of such person or persons under that statute
shall not be required in order for the Township to take action under
this section.
(d)
The public manifestation by tenant(s), occupants or guests of
being under the influence of alcohol or controlled dangerous substances;
provided, however, that a conviction of such individuals for such
violation(s) shall not be required in order for the Township to take
action under this section.
(e)
The possession or consumption of alcoholic beverages by minors
not related by blood to the tenant in or about the short-term rental
unit.
(8)
Whenever the Police Department shall have made an arrest of or issued, a summons to a tenant, occupant or guest or owner and/or occupier on more than one occasion during any thirty-day period for an offense related to or arising out of the use and occupancy of the short-term rental unit(s), the same shall be prima facie evidence of a violation of Subsection A of this section, provided that the owner and/or occupier and/or managing agent shall have had notice of the existence of such circumstances or conditions.
B.
It shall be a defense to any proceeding for the revocation, suspension
or other disciplinary action involving a short-term rental certificate
of inspection by demonstrating that the owner and/or occupier has
taken appropriate action and has made a good faith effort to abate
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 guests for recovery of the premises,
eviction of the tenant(s) or otherwise.
C.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a certificate
of inspection may be filed by any one or more of the following: the
Township Construction Official, the Township Zoning Officer, the Township
Code Enforcement Officers, the Township Rental Coordinator, and/or
a sworn law enforcement officer of the Township Police Department.
Such complaint shall be in writing and filed with the Township Rental
Coordinator. The complaint shall be specific and shall be sufficient
to apprise the inspectee of the charges so as to permit the inspectee
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.
(2)
Upon the filing of such written complaint, the Township Rental Coordinator
shall immediately inform the Township Administrator, and a date for
a hearing shall be scheduled which shall not be sooner than five days
nor more than 20 days thereafter. The Township Rental Coordinator
shall forward a copy of the complaint and a notice as to the date,
time and place of the hearing to the inspectee and the managing agent,
if any, by regular mail at the address indicated on the short-term
rental inspection application form. Service upon the managing agent
shall be sufficient.
(3)
The hearing required by this section shall be held by a Hearing Officer who shall be appointed by Township Committee. The Hearing Officer shall render a decision within 10 days of the conclusion of the hearing, recommending the dismissal of the complaint, revocation or suspension of the certificate of inspection, determining that the certificate of inspection shall not be renewed or reissued for one or more subsequent certificate of inspection years, or placing the certificate of inspection on probationary status as set forth in Subsection D below. The Hearing Officer shall transmit his or her findings of fact and conclusions of law to the Township Administrator or his/her designee, who shall review the matter and may accept, reject or modify the recommendations of the Hearing Officer based on the record before him or her within 10 days of receipt of the Hearing Officer's decision.
(4)
All hearings shall be recorded by sound recording equipment. 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 Township Solicitor or his or her designee may appear and prosecute
on behalf of the complainant in all hearings conducted pursuant to
this section.
D.
Certificate of inspection in probationary status.
(1)
In lieu of a revocation or suspension of a certificate of inspection,
the Township Administrator or his designee may determine to place
the certificate of inspection in a probationary status. Once imposed,
the probationary status shall remain in effect for the remainder of
that certificate of inspection term and the succeeding renewal term.
(2)
The terms of the probationary status shall be specifically set forth
in a resolution of the Township Committee, a copy of which shall be
served upon the owner and/or occupier, managing agent, realtor (if
different from the managing agent and if whose identity is known to
the Township), tenants, occupants, Police Chief, and Code Enforcement
Officer. Such notice shall be served personally or by certified mail,
return receipt requested, or both. If service is made by certified
mail, return receipt requested, it shall also be sent simultaneously
by first-class mail. Mail to the owner and/or occupier and managing
agent shall be at the address indicated on the short-term rental inspection
application form.
(3)
The Township Committee may, on its own initiative or at the request of an owner and/or occupier, managing agent, tenant or occupant of the short-term rental unit, modify the terms of such probationary status at any time during the probationary term. If modified, it shall be by resolution, copies of which shall be served upon such persons and in such manner as specified in Subsection D(2) hereof.
(4)
The violation of any term or condition of the probation by the owner
and/or occupier, managing agent or tenant or occupant shall be cause
for the immediate suspension or revocation of the short-term rental
certificate of inspection.
E.
Conditional renewal of certificate of inspection.
(1)
Any certificate of inspection which is in probationary status may
be renewed for the succeeding certificate of inspection term conditioned
upon compliance by the owner, managing agent or tenant or occupants
with the terms and conditions of probation.
(2)
The failure to comply with the terms and conditions of probation
by the owner and/or occupier or managing agent or tenant or occupants
shall be cause for the immediate suspension or revocation of the certificate
of inspection.
The Code Enforcement Officer, the Township Rental Coordinator,
Zoning Officer and/or the Police Department are hereby empowered to
enforce this article.
A.
Any person, firm, association or corporation violating any of the
provisions of this article shall, upon conviction, be subject to one
or more of the following: a fine not less than $500 or greater than
$2,000, and/or imprisonment in the county jail for a term not exceeding
90 days, and/or a period of community service not exceeding 90 days,
in the discretion of the Municipal Court Judge.
B.
Any person, firm, association or corporation who is convicted of
violating this article within one year of the date of a previous violation
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person, firm, association or corporation
for a repeated offense shall not be less than the minimum or exceed
the maximum fine fixed for a violation of the article but shall be
calculated separately from the fine imposed for the violation of the
article.
C.
The foregoing penalties shall be in addition to any other penalty
provided in this article and shall be in addition to those penalties
set forth in N.J.S.A. 46:8-35.
