[Editor's Note: Former Ch. 13, Housing, was amended in
its entirety 12-7-2021 by Ord. No. 2021-33. Prior history includes
Ord. Nos. 1973-5; 1978-8; 1979-17; 1980-17; 1980-21; 1981-18; 1987-27;
1994-31; 1994-28; 1998-3; 2008-03; 2008-22; 2012-08; 2017-24; and
2021-33.]
[Added 12-7-2021 by Ord. No. 2021-33]
The International Property Maintenance Code 2021, together with
any subsequent amendment, change or supplement thereto, is adopted
and incorporated herein as if fully set forth at length, save and
except such portions as are hereinafter deleted, modified or amended,
in and for the Borough. Wherever the International Property Code is
referenced herein, the reference is to the most recent International
Property Code.
[Added 12-7-2021 by Ord. No. 2021-33]
The International Property Maintenance Code is posted on the
Borough's website for the use and examination of the public.
[Added 12-7-2021 by Ord. No. 2021-33]
Copies of said code, International Property Maintenance Code
2021, will be available for use and examination by the public at the
office of the Construction Official or the Borough Clerk together
with any resolutions amending the code. Copies of the code will also
be available for purchase at the office of the Building Department.
[Added 12-7-2021 by Ord. No. 2021-33]
Amendments to the International Property Maintenance Code 2021 shall be filed pursuant to Subsection 13-1.3.
[Amended 12-7-2021 by Ord. No. 2021-33]
As used in this chapter, the following terms shall have the
meanings indicated:
A residence building which all or part thereof is leased
on a calendar year basis or for 12 consecutive months, but not to
include a rooming unit in a registered rooming house, motel or hotel.
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A unit of a minimum of one room and bath providing complete
living facilities for one family, including facilities or provisions
for facilities required in the storage, preparation, serving and clearing
of food.
Includes the use of a residence by someone other than the
owner even though no funds are transferred for said use.
A residence which is not the principal abode of an owner
but not to include a rooming unit in a registered rooming house, motel
or hotel.
A room within or section of a dwelling that constitutes an
area less than the entire dwelling.
[Amended 12-7-2021 by Ord. No. 2021-33]
Editor's Note: Prior to the issuance or renewal of any license or permit, applicants must comply with the provisions of § 5-14, Payment of Real Estate Taxes Prior to the Issuance of Licenses or Permits, as codified in the Borough Code
[Amended 12-7-2021 by Ord. No. 2021-33]
As used in this section, "rooming house" shall mean a hotel,
motel, boatel, boardinghouse, rooming house, lodging house or any
other building used for housing purposes in which any person is boarded,
roomed or lodged, either with or without the service of meals for
a consideration.
[Amended 12-7-2021 by Ord. No. 2021-33]
No person shall operate a rooming house within the Borough without having annually registered it as herein provided and having paid the fee required by Subsection 13-3.3.
[Amended 12-7-2021 by Ord. No. 2021-33]
With each application, there shall be paid an annual fee of $5. The terms and conditions of the payment of the fee shall be governed by the provisions of Chapter 5 of the Revised General Ordinances of the Borough of Point Pleasant Beach relating to general mercantile licensing.
[Amended 12-7-2021 by Ord. No. 2021-33]
Applications for an initial rooming house registration shall
be in writing and shall be made to the rooming house inspector upon
forms provided by him. The application shall contain the following
information:
a.
The name and address of the operator of the rooming house and of
the owner of the premises, if other than the operator.
b.
The location of the premises to be registered.
c.
The portions of the building intended to be used as a rooming house.
d.
The number and location of sleeping rooms and the number of beds
located in each room.
e.
A statement of the sanitary facilities on the premises to be registered.
f.
Such other information as the rooming house inspector may appropriately
require.
|
The information required by Subsections c, d and e may be in the form of a plan or sketch of the premises sought to be registered. Applications for the annual renewal of existing registrations need only state that no changes have been made in the premises or the operation of the premises since the initial registration was issued. All applications shall be accompanied by the registration fee.
|
[Amended 12-7-2021 by Ord. No. 2021-33]
Prior to the final issuance or annual renewal of any rooming
house registration, the rooming house inspector shall make whatever
investigation he shall deem necessary to determine if the premises
sought to be registered comply with the provisions of this section
and with all other applicable laws of the State of New Jersey and
the provisions of this revision.
[Amended 12-7-2021 by Ord. No. 2021-33]
No basement, kitchen, garage, lobby, hallway, barn or porch
shall be used or occupied as a sleeping room in any premises registered
under the provisions of this section.
[Amended 12-7-2021 by Ord. No. 2021-33]
No gas, coal or electric range or stove, or other appliance
used for the cooking or preparation of food, shall be installed in
any room of any registered premises which is occupied or intended
to be occupied for sleeping purposes, nor shall any food be cooked
or otherwise prepared or stored in any room of any registered premises
which is occupied or intended to be occupied for sleeping purposes.
It shall be a violation of this section for any operator of a registered
premises to permit any lessee, tenant, guest or other occupant to
commit any of the acts prohibited by this subsection.
[Amended 12-7-2021 by Ord. No. 2021-33]
a.
Every premises registered under this section providing accommodations
for persons on and above the third floor of the premises shall provide
each sleeping room above the third floor with the same means of escape
in the event of fire other than the usual single stairway leading
to the rooms. The required means of escape shall be by way of a regulation
metal outside fire escape leading directly to the ground.
b.
There shall be a fire bell or gong centrally and conveniently located
on every floor. This bell or gong shall be properly marked "for fire
only."
c.
Portable fire extinguishers shall be available on every floor at
suitable locations. These extinguishers shall bear the approval of
the National Board of Fire Underwriters or Underwriters' Laboratories.
[Amended 12-7-2021 by Ord. No. 2021-33]
Any registration issued under the provisions of this section may be revoked after notice and hearing in the manner provided in Chapter 5 of this revision, for any of the causes specified in that chapter.
[Amended 2-16-2021 by Ord. No. 2021-02; 6-15-2021 by Ord. No. 2021-29; 12-7-2021 by Ord. No. 2021-33]
Any property operated as a rooming house pursuant to provisions of Chapter 13 shall be required to provide a sign in accordance with Chapter 17. This sign shall contain, at a minimum, the name of the rooming house and vacancy/no vacancy information. If freestanding, the sign should be at least eight feet off each property line.
[Amended 12-7-2021 by Ord. No. 2021-33]
a.
Purpose
and findings. The Borough Council finds, determines, and declares
that:
1.
Point Pleasant Beach is a resort community, and its citizens have
experienced disturbances, damage and public expense resulting from
carelessly granted and inadequately supervised rentals to irresponsible
tenants by inept or indifferent landlords.
2.
This section is enacted to preserve the peace and tranquility of
the community for its residents and to maintain the municipality as
a viable vacation resort for all persons and families availing themselves
of the facilities in the community.
3.
The enactment of this section is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible rentals.
4.
The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12n et seq. to enable communities to take effective action to assure that excesses, when they occur, shall not be repeated and that landlords offering rentals shall be held to sufficient standards of responsibility. Pursuant to the legislative authority conferred therein, the Borough Council hereby adopts the regulatory measures set forth in § 13-4 et seq.
b.
HEARING OFFICER
LANDLORD
RENTAL
SUBSTANTIATED COMPLAINT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
A licensed attorney of the State of New Jersey appointed
by the Point Pleasant Beach Borough Council. The hearing officer shall
not own or lease any real property within the Borough of Point Pleasant
Beach nor hold any interest in the assets of or profits arising from
the ownership of such property.
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, including, but not
limited to, any building subject to the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.) and owner-occupied
two-unit premises.
Any rental of residential accommodations for any period of
time. This section shall apply to rooming houses, boardinghouses,
and lodging houses licensed or regulated under other ordinances of
this Borough, as well as to single-family residential dwellings, apartments,
or other multiunit dwellings.
An act of disorderly, indecent, tumultuous or riotous conduct,
which shall include, but not be limited to, disorderly or petty disorderly
persons' offenses, ordinance violations, drinking in public, lewdness,
urinating in public, defecating in public, and acts of criminal mischief,
committed 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 substantiated by prosecution and conviction in any
court of competent jurisdiction as a violation of any provision of
Title 2C of the New Jersey Statutes or any municipal ordinance governing
disorderly conduct. For purposes of this definition, the phrase "upon
or in proximity to" shall mean anywhere on the property or upon or
within the adjacent right-of-way.
c.
Hearing
on proceedings to require posting of bond and assessment of penalties.
1.
If, in any twenty-four-month period, two complaints, on separate
occasions, of disorderly, indecent, tumultuous or notorious conduct,
which shall include, but not be limited to, disorderly or petty disorderly
persons' offenses, ordinance violations, drinking in public, lewdness,
urinating in public, defecating in public, and acts of criminal mischief,
shall be committed upon or in proximity to any rental premises and
are attributable to the acts or incitements of any of the tenants
of those premises and have been substantiated by prosecution and conviction
in any court of competent jurisdiction as a violation of any provision
of Title 2C of the New Jersey Statutes or any municipal ordinance
governing disorderly conduct, the Borough Council, or any officer
or employee of the Borough so designated by the Borough Council for
this purpose, may institute proceedings to require the landlord of
the seasonal rental premises to post a bond against the consequences
of future incidents of the same character.
2.
The Borough Council, or any such employee of the municipality designated by the Borough Council, shall cause to be served upon the landlord, in person, or by registered mail, to the address appearing on the tax records of the municipality, and to the agent of the owner identified by the owner pursuant to § 13-8, by registered mail, notice advising of the institution of such proceedings together with particulars of the substantiated complaint upon which those proceedings are based and of the time and place at which the hearing will be held in the matter, which shall be in the municipal building, municipal court, or such other public place as designated by the Borough Council and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
3.
At the hearing convened pursuant to Subsection c2 above, the hearing officer shall give full hearing to both the complaint of the municipality 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 of this section.
4.
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:
(a)
Damages likely to be caused to public or private property and damages
consequent upon disruption of affected residents' rights of fair use
and quiet enjoyment of their premises; and
(b)
Securing the payment of fines and penalties likely to be levied for
such offenses; and
(c)
Compensating the municipality for the costs of repressing and prosecuting
such incidents or disorderly behavior; provided, however, no such
bond shall be in an amount less than $500 or more than $5,000. The
municipality may enforce a 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 municipality.
5.
Any bond or other security deposited in compliance with Subsection c4 above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond unless, prior thereto, further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection d below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement for security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security and shall be subject to injunctive proceedings as authorized by Subsection c4 above in the same manner as the landlord upon which the requirement was originally imposed; provided, however, the Borough Council may, by resolution, shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control if, during that year, no substantiated complaints are recorded with respect to the property in question.
d.
Bond forfeiture;
extension.
1.
If, during the period for which a landlord is required to give security pursuant to Subsection c above, a substantiated complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension, as provided in Subsection c5 above, of the period for which the security is required, or for an increase in the amount of security required or for any or all of those purposes.
2.
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 Subsection c4 above. 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 in Subsection c4 above 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 effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in Subsection c4 above.
e.
Hearing
officer, qualifications. The hearing officer shall be a person or
persons appointed by the Borough Council. A hearing officer shall
not own or lease any real property within the Borough of Point Pleasant
Beach nor hold any interest in the assets of or profits arising from
the ownership or lease of such property.
f.
Revocation or suspension of licenses.
1.
Causes. Any license granted or issued pursuant to § 13-1 et seq. may be suspended or revoked as provided herein, after notice and hearing, for any of the following causes:
(a)
In the event any tenant or occupant of any individual living unit upon the licensed premises is charged with a violation of a Borough ordinance, notice of the pending charge will be given by mail to the licensee and the person designated to receive notices on the licensee's behalf pursuant to § 13-8. In the event two such complaints are issued during one licensing year and result in convictions in municipal court, then such convictions may be grounds for suspension or revocation of the license. In the event the owner of the licensed premises is the complaining party and said complaint results in a conviction in municipal court, such conviction shall not be counted as a complaint for purposes of license suspension or revocation.
[Added 12-7-2021 by Ord.
No. 2021-33]
The owner, tenant, occupant, agent or contractor shall maintain
such structures and premises in compliance with these requirements.
A person shall not occupy as owner-occupant or let to another for
occupancy or use premises which do not comply with the following requirements
of this chapter.
[Added 12-7-2021 by Ord.
No. 2021-33]
a.
Rental certificate of occupancy required. The owner or owners of any dwelling unit, or any agent acting on behalf of any owner or owners as defined herein, who intends to rent or lease all or any part thereof as a residential rental, during all or any portion of the ensuing year, shall first make application to the Construction Official of the Borough for the issuance of a rental certificate of occupancy on each form or forms as may be required by the Construction Official. Such application shall be accompanied by the appropriate filing fee as set forth in § 13-7.
b.
Rental license required. No person, corporation or partnership shall
let or lease any furnished or unfurnished housing or living unit for
residential purposes for occupancy, including the period between Memorial
Day and Labor Day, unless a license to let each such unit is first
procured and kept in effect at all such times as required by this
chapter or any other law or ordinance of the Borough of Point Pleasant
Beach.
[Added 12-7-2021 by Ord.
No. 2021-33]
The fee for such license or renewal thereof shall be $300 per
unit, and the license shall be valid for the calendar year of its
issue. Any subsequent reinspection or failure to show for a scheduled
inspection is $100.
[Added 12-7-2021 by Ord.
No. 2021-33]
Every person required to procure a certificate of occupancy
and a license under the provisions of this chapter shall submit an
application for such to the Construction Department at the Municipal
Building of the Borough of Point Pleasant Beach, which application
shall be accompanied by the full amount of the fees chargeable for
the certificate and/or license sought. All applications for a certificate
or license under the provisions of this chapter shall be by a written
statement upon the forms provided by the Construction Department and
shall contain the following:
a.
A statement that there have been no prior revocations or suspensions
of license, and that there are no pending open complaints awaiting
a hearing. In the event that there has been a prior revocation, suspension
or violation, or a pending complaint, the Construction Code Official
shall not issue the license or certificate. An appeal from the Construction
Code Official's decision not to issue the license may be taken as
provided herein; and
b.
A statement that neither the property or the individual applicant,
or any entity that the individual applicant has been a member of,
or an owner of, has had any prior violations of any Borough ordinance
since January 1, 2022, and that there are no pending complaints awaiting
a hearing. In the event that there has been a violation, or is a complaint,
the Construction Code Official shall not issue a license or certificate.
An appeal from the Construction Code Official's decision not to issue
the license or certificate may be taken as provided herein; and
c.
A statement that the applicant is not violating the Zoning Ordinance
of the Borough of Point Pleasant Beach at the property in question;
and
d.
The name of the person to whom the license will be issued and his
or her residence address; if the applicant is not an individual, then
the names, positions, and the residence addresses of all officers
and managers of the applicant; and
e.
The address of the premises and the name and residence address of
the owner of the premises and the names and permanent address of each
proposed tenant; and
f.
The name and address of an agent of the owner of the premises residing
in or having an office in the Borough of Point Pleasant Beach who
is authorized to accept mailed service of any notice or order and
to comply with same on behalf of the owner; and
g.
The name and address of the real estate agent, if any, negotiating
the tenancy; and
h.
A drawing, satisfactory to the Construction Code Official, delineating
the approved driveway and any and all legal parking spaces on the
property, and clearly delineating the front, side and rear yards of
the property. Said delineation shall be by way of a permanent, unmovable
marker approved by the official who conducts the certificate of occupancy
inspection. The drawing shall prominently announce the fact that there
is no parking on the delineated front, side and/or rear lawns. A copy
of this drawing shall be kept on file in the Building Department and
the Police Department. The owner shall post a copy of the drawing
in the dwelling unit in the same location as the certificate of occupancy
for the unit and deliver a copy of such drawing to each and every
tenant at the beginning of the tenant's rental term. Any dispute concerning
the drawing shall be an appeal to the Zoning Board from the determination
of the Construction Code Official.
[Added 12-7-2021 by Ord.
No. 2021-33]
a.
After submission of the application and the required fees to the
Construction Department, the Code Enforcement Officer shall make any
investigation necessary to determine if there has been compliance
with the Borough Code, including the provisions of this chapter and
all applicable fire codes, and shall indicate his written approval
or disapproval of the application within 20 business days after the
application is filed with the Construction Department.
b.
If approved, the certificate or license shall be issued by the Construction
Department. If disapproved, the Code Enforcement Officer shall notify
the applicant and the Borough Construction Code Official, in writing,
of such disapproval and the reasons therefor, and the applicant shall
have 10 days from receipt of notice of disapproval to appeal from
the decision of the Code Enforcement Officer.
c.
If a rental license has been denied, the appeal shall be to the governing
body which, after due hearing, can affirm or reverse the decision
of the Code Enforcement Officer. Such appeal shall be heard and decided
within 30 days of the filing of the appeal.
d.
Upon the filing of the application the Construction Official, or
his subordinates or designates, shall conduct an inspection of the
subject units within 30 days from the filing of the application. Any
reinspection(s) as provided herein shall be made within 10 days from
the date the Construction Official is notified, in writing, by the
applicant that the violations cited have been abated.
e.
All rentals shall be inspected at least once every three years upon
application and, for rentals of a year or more, upon a change of occupancy.
The applicant shall be required to list the name(s) and permanent
addresses of all who will occupy the premises during the tenancy.
f.
All certificates of occupancy issued under this chapter shall expire
on December 31 of the year in which they were issued, unless the tenancy
is for more than a year, in which case the certificate of occupancy
shall expire on December 31 of the third year.
g.
All licenses issues under this chapter shall expire on December 31
of the year issued.
[Added 12-7-2021 by Ord.
No. 2021-33]
Notice of any violations as a result of the aforesaid inspection(s)
shall be provided to applicant pursuant to the International Property
Maintenance Code. Upon correction of the violation(s), the applicant
shall notify the Construction Official, in writing, of such fact,
and a reinspection shall be made upon payment of the appropriate fee.
[Added 12-7-2021 by Ord.
No. 2021-33]
Upon the completion of a satisfactory inspection, the Construction
Official shall forthwith issue the certificate of occupancy and/or
license. The certificate of occupancy and/or license will expire on
December 31 of the year issued, or until a change in tenant occupancy
occurs, whichever occurs first.
[Added 12-7-2021 by Ord.
No. 2021-33]
Each license issued under the provisions of this chapter shall
state upon its face the following:
a.
The name and address of the licensee and of the agent authorized
to accept service of any notice or process on behalf of the licensee.
b.
The name and permanent address of each tenant of the premises.
c.
The amount of license fee therefor.
d.
The dates of issuance and expiration thereof.
e.
Name and signature of the individual performing the inspection.
f.
Date of final inspection.
g.
Number of permitted occupants.
[Added 12-7-2021 by Ord.
No. 2021-33]
In the event that an owner or owners or any agent acting on
behalf of any owner or owners or any residential property fails to
obtain an inspection on a change of tenancy or as otherwise required
by this chapter, said owner or owners and agent shall have committed
a violation of this chapter.
[Added 12-7-2021 by Ord.
No. 2021-33]
[Added 12-7-2021 by Ord.
No. 2021-33]
a.
This section aims to curtail, and in certain circumstances prohibit,
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. This practice
has been popularized and facilitated by various websites that advertise
and broker these rentals. Left unregulated, this practice will transform
many residential dwellings into a detriment to the health, safety,
and quiet enjoyment of the affected neighborhoods.
b.
This section does not apply to lawfully established and operating
hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast
establishments.
c.
Notwithstanding the provisions this chapter, no rental shall be permitted
without obtaining a required certificate of occupancy and license
prior to occupancy.
[Added 12-7-2021 by Ord.
No. 2021-33]
No dwelling, or segment thereof, may be rented or leased for
a term of less than a month.
[Added 12-7-2021 by Ord.
No. 2021-33]
Notwithstanding the restriction set forth above, minimum rentals
of seven days or more of a dwelling unit are permitted during the
period from May 15 through September 30.
[Added 12-7-2021 by Ord.
No. 2021-33]
Notwithstanding the restrictions set forth above owner-occupied
multiunit dwellings shall have no duration restrictions if the owner
personally resides in one of the units during the time of the tenancy.
[Added 12-7-2021 by Ord.
No. 2021-33]
Notwithstanding the restrictions set forth above, residents
of Point Pleasant Beach who own more than one home in Point Pleasant
Beach during any period the resident is actually present and living
in Point Pleasant Beach from September 30 to May 15 shall have no
duration restrictions, provided that the unit to be rented was owned
by the resident on or before the effective date of this chapter.
[Added 12-7-2021 by Ord.
No. 2021-33]
In addition to any other provision of law, every licensee and/or
certificate holder under this chapter shall:
a.
Permit all reasonable inspections of the premises.
b.
Permit access to the premises at all reasonable times by the Code
Official and or his designee.
c.
Ascertain and at all times comply with all laws and regulations applicable
to such premises.
d.
Avoid all forbidden, improper, unlawful or unnecessary practices,
business or conditions which do or may affect the public health, morals
or welfare.
e.
Refrain from operating the licensed operation on the premises after
expiration of his license or certificate and during the period when
his license or certificate is revoked or suspended.
f.
Post and maintain his license and certificate upon the licensed premises
in a place where it may be seen at all times.
g.
No basement, kitchen, garage, lobby, hallway, barn or porch shall
be used or occupied as a sleeping room in any premises registered
under the provisions of this chapter.
h.
A bedroom requires a minimum of 70 square feet of space, a separate
ingress and egress from all other bedrooms, an egress window, and
a smoke detector.
i.
No building shall be occupied by more than one person for each bedroom,
unless the bedroom is at least 100 square feet, in which case the
home may be occupied by no more than two people per 100-or-more-square-foot
bedroom.
j.
No rental shall occur for occupancy of more than the number of individuals
permitted to occupy the bedrooms.
[Added 12-7-2021 by Ord.
No. 2021-33]
The lease or rental of any dwelling for commercial or corporate
purposes is prohibited.
[Added 12-7-2021 by Ord.
No. 2021-33]
The lease or rental, for any purpose, of any amenity, feature,
accessory, or appurtenance to or associated with a dwelling is prohibited.
[Added 12-7-2021 by Ord.
No. 2021-33]
The print, electronic, or internet advertisement of any rental
that is prohibited by or fails to comply with the provisions of this
chapter, including the regulations on duration, or any other applicable
provision of the Borough Code, is prohibited. Anyone who publishes
such an advertisement, including AirBnB, VBRO and the like, shall
be guilty of a violation of this chapter.
[Added 12-7-2021 by Ord.
No. 2021-33]
It shall be the duty of the Chief of Police, the Code Enforcement
Officer and/or any police officer of the Borough of Point Pleasant
Beach to determine if this chapter has been complied with and to enforce
the provisions of this chapter against any person found to be violating
the same. Any police officer, Code Enforcement Official, or other
employee of the Borough so authorized by the Administrator may issue
a summons for violation of this chapter.
[Added 12-7-2021 by Ord.
No. 2021-33]
a.
The landlord licensee shall post on the back of the front door of
the premises the rental certificate of occupancy required and a list
setting forth the full names and permanent addresses of each tenant,
including the name and permanent addresses of each person contributing
toward the cost of the rental.
b.
In the event of a change in tenancy, the licensee shall file with
the Construction Department a list of the names and permanent addresses
of the new tenants, a copy of which shall be posted as required above.
c.
Failure to file said list within two business days after commencement
of a tenancy shall cause the expiration of all licenses. Any such
expired licenses must be renewed with an application as with any application
for a new license.
[Added 12-7-2021 by Ord.
No. 2021-33]
In addition to any other provisions of the Borough Code, if
subsequent to the issuance of a rental certificate of occupancy, the
Construction Official, his subordinates or designates learn or become
aware of violations of this code, an inspection shall be made of the
subject premises. If violations are found to exist, the Borough may,
in its discretion, proceed under the provisions of the International
Property Maintenance Code, or any other applicable, regulation, rule,
ordinance, statute or other law. In addition thereto, if cited violations
are not abated within 10 days from service of the notice, the rental
certificate of occupancy shall be revoked by the Construction Official
by mailing a notice of revocation by certified mail to the owner or
owners and to the tenant or tenants and the premises shall then be
vacated. The Construction Official has the discretion to allow a longer
period of time for the correction of violations if warranted and reasonable
under the circumstances.
[Added 12-7-2021 by Ord.
No. 2021-33]
Any license granted or issued pursuant to this chapter may be
suspended or revoked as provided herein after notice and hearing for
any of the following causes:
a.
Any fraud, misrepresentation or false statement contained in the
application for license.
b.
Any violation of this chapter or any Borough ordinance.
c.
Conducting the use, licensed under this chapter, by applicant himself,
or any of his agents, servants, employees, tenants or occupants in
any unlawful manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
[Added 12-7-2021 by Ord.
No. 2021-33]
a.
Notice of hearing for revocation or suspension of a license shall
be given, in writing, by the Borough Clerk or the Code Enforcement
Officer, setting forth specifically the grounds of complaints and
the time and place of the hearing. Such notice shall be mailed by
certified mail to the licensee and his designated agent at the address
indicated on the license application, and the complainant, at least
five days prior to the date set forth for the hearing.
b.
Conduct of hearing. The hearing shall be held before a hearing officer
to be designated by resolution of the governing body and shall be
tape-recorded. At such hearing, proof of conviction of any occupant
of the licensed premises for a violation of any Borough ordinance
relating to noise or disorderly conduct occurring on the licensed
premises shall be admissible.
c.
Penalties. The hearing officer, upon a finding that the charges against
the licensee have been sustained, may, in his discretion, suspend
the license for a specified period or revoke the license. In the discretion
of the hearing officer, such sentence may be suspended conditioned
on subsequent compliance with the chapter. If noncompliance with such
condition is established at a subsequent hearing, the sentence will
be reimposed.
d.
Any suspension of license may include a period of suspension during
the term of any renewal of the license.
[Added 12-7-2021 by Ord.
No. 2021-33]
In addition to the provisions for revocation, the Code Enforcement
Officer, the Chief of Police, any police officer of the Borough of
Point Pleasant Beach, or any taxpayer or resident of the Borough,
may make complaint in the Municipal Court of the Borough of Point
Pleasant Beach for any violation of this chapter, or any article,
section, paragraph or provision thereof.
[Added 12-7-2021 by Ord.
No. 2021-33]
The Municipal Court Clerk of the Borough of Point Pleasant Beach
shall report all dispositions of guilt related to this chapter to
the Chief of Police and Construction Official of the Borough of Point
Pleasant Beach within 20 days of the date of said guilty disposition
by written notification.
[Added 12-7-2021 by Ord.
No. 2021-33; amended 8-15-2023 by Ord. No. 2023-11]
b.
In addition to any other penalty, a property owner shall be denied
a certificate of occupancy and a license for all rental properties
in which any of the owners or their principles has an interest for
a period of two years after a conviction for violation of this chapter.
c.
In addition to any other penalty, any real estate agent, broker,
or other real estate professional who assists in a violation, or otherwise
participates in a rental prohibited under this chapter, shall be prohibited
from applying for, or receiving, any certificate of occupancy or license
for any property for a period of two years from the date of the conviction
for violating this chapter
