[Ord. No. 2017-40 § 13-1000.1]
The Asbury Park City Council finds and declares that the short-term
rental of limited residential dwelling units within the City benefits
the local community by affording owners of such units the ability
to garner additional income from their real property (also referenced
as "property") in order to diminish the financial burden of carrying
costs and maintenance expenses related to the property, as well as
providing travelers with an alternative option for accommodations
in the City, thereby promoting the local travel and tourism industry,
and contributing to the economic vitality of the City. Notwithstanding
those benefits, the City Council also finds and declares that certain
transitory uses of residential property tend to affect the residential
character of the community and, if unregulated, can be injurious to
the health, safety and welfare of the community.
The intended purposes of this Section are to: a) balance the
rights of the owners of residential dwelling units proposed for short-term
rental use and the City's business community affected by the allowance
and existence of short-term rentals; b) protect the public health,
safety and general welfare of individuals and the community at large;
c) provide for an organized and reasonable process for the short-term
rental of certain defined classifications of residential dwelling
units in the City; d) monitor and provide a reasonable means for the
mitigation of impacts created by such transitory uses of residential
properties within the City of Asbury Park; e) preserve and protect
the long-term housing market stock in the City; f) implement rationally
based and reasonably tailored regulations to protect the integrity
of the City's residential neighborhoods, and g) ensure that the short-term
rental property inventory in the City satisfies basic property maintenance
standards, in order to protect the safety of occupants and the citizens
of the City.
The Asbury Park City Council has therefore determined that it
shall be unlawful for any owner of any property within the geographic
bounds of the City of Asbury Park, New Jersey, to rent or operate
a short-term rental contrary to the procedures and regulations established
in this Section, or applicable State statute.
[Ord. No. 2017-40 § 13-1000.2]
In accordance with New Jersey law, a municipality may make and
enforce within its limits all ordinances and regulations not in conflict
with general laws, as it may deem necessary and proper for the good
government, order and protection of persons and property, and for
the preservation of the public health, safety and welfare of the municipality
and its inhabitants. The City of Asbury Park hereby adopts the within
Ordinance in accordance with said authority.
[Ord. No. 2017-40 § 13-1000.3;
amended 5-8-2019 by Ord. No. 2019-16; 3-13-2024 by Ord. No. 2024-4; 5-8-2024 by Ord. No. 2024-14]
As used in this Section, the following terms shall have the
meanings indicated below:
Establishments as defined in N.J.A.C. 18:24-3.4, as amended
from time to time.
Shall mean an individual or entity holding title to a property
proposed for short-term rental, by way of a legally recorded Deed.
Shall mean the owner of the property resides in the short
term rental property (also referenced as "STRP"), or in the principal
residential unit with which the STRP is associated on the same lot,
and identifies same as his or her principal residence as that term
is defined in this Section. For purposes of this Section, if the owner
of the property is an entity other than an individual or individuals,
then at least one principal or member of the owner entity must reside
in the STRP, or in the principal residential unit with which the STRP
is associated on the same lot, and identify same as his or her principal
residence as that term is defined in this Section.
Shall mean the address: (1) where at least one of the property
owners spends the majority of his or her non-working time, and (2)
which is most clearly the center of his or her domestic life, and
(3) which is identified on his or her driver's license or state identification
card as being his or her legal address, and (4) which is shown on
the front page of his or her most recent Federal 1040 tax return,
and (5) which is shown on a bank statement within the past three months.
All the above requirements must be met in order for an address to
constitute being a principal residence for purposes of this Section.
Shall mean a parcel of real property located within the boundaries
of the City of Asbury Park, Monmouth County, New Jersey.
Shall mean both the short-term rental property owner and
a person (property manager) designated by the owner to be called upon
and be responsible at all times during the period of a short-term
rental and to answer for the maintenance of the property, or the conduct
and acts of occupants of the short-term rental property, and, in the
case of the property manager, to accept service of legal process on
behalf of the owner of the short-term rental property.
Shall mean the accessory use of a dwelling unit for occupancy
by someone other than the unit's owner or permanent resident for a
period of thirty (30) or less consecutive days, up to a cumulative
total period of not to exceed one hundred eighty (180) days in a calendar
year, which dwelling unit is regularly used and kept open as such
for the lodging of guests, and which is advertised or held out to
the public as a place regularly rented to transient occupants, as
that term is defined in this Section.
Shall mean a residential dwelling unit as defined in Chapter
XIII of the Code of the City of Asbury Park, that is used and/or advertised
for rent as a short-term rental by transient occupants as guests,
as those terms are defined in this Section. Dwelling units rented
to the same occupant for more than thirty (30) continuous days, licensed
Bed and Breakfast establishments, licensed rooming or boarding houses,
hotels, and motels shall not be considered Short-Term Rental Property.
Shall mean any New Jersey licensed real estate agent or other
person designated and charged by the owner of a short-term rental
property, with the responsibility for making the STR application to
the City on behalf of the owner, and fulfilling all of the obligations
in connection with completion of the short-term rental property permit
application process on behalf of the owner. Such person shall be available
for, and responsive to contact on behalf of, the owner, at all times.
Shall mean any person or a guest or invitee of such person,
who, in exchange for compensation, occupies or is in actual or apparent
control or possession of residential property, which is either: (1)
registered as a short-term rental property, or (2) satisfies the definition
of a short-term rental property, as such term is defined in this Section.
It shall be a rebuttable presumption that any person who holds themselves
out as being an occupant or guest of an occupant of the short-term
rental is a transient occupant.
[Ord. No. 2017-40 § 13-1000.4;
amended 5-8-2019 by Ord. No. 2019-16]
a.
It shall be unlawful for any owner of any property within the geographic
bounds of the City of Asbury Park, New Jersey, to rent or operate
a short-term rental contrary to the procedures and regulations established
in this Section or applicable State statute.
b.
Short-term rentals shall be permitted to be conducted in the following
classifications of property in the City of Asbury Park:
1.
Condominium units, where the Condominium Association By-Laws or Master
Deed permit a short-term rental, and where the owner of the unit legally
identifies the address as his or her principal residence;
2.
Individually or collectively owned single-family residences, which
one of the owners legally identifies as the address of his or her
principal residence, as that term is defined herein;
3.
Up to two separate units within a two-family residential dwelling,
where one of the two units is occupied by the owner and identified
by the owner as his or her principal residence, as that term is defined
herein;
4.
Not more than two separate units in any multifamily residential dwelling,
where one other unit in the same dwelling is occupied by the owner
and identified by the owner as his or her principal residence, as
that term is defined herein; and
5.
Not more than two bedrooms within a single-family residential dwelling
unit, where the bedrooms share common kitchen and bathroom facilities
with the occupant of the dwelling unit, and the remainder of the single-family
dwelling unit is occupied by the owner and identified by the owner
as his or her principal residence, as that term is defined herein.
c.
Notwithstanding the provisions of Subsection b. above, short-term rentals shall not be permitted in boarding or rooming houses, dormitories, foster homes, adult family care homes, assisted living facilities, community residences for developmentally disabled persons, community shelters for victims of domestic violence, or nursing homes. Further, short term rental of the following properties is prohibited:
1.
Condominiums or townhomes, where the Condominium Association By-Laws
or Master Deed, or Condominium Rules and Regulations, do not permit
such short-term rental of condominium units in the development;
2.
An individually or collectively owned single-family residential dwelling
unit, which address none of the owners legally identifies as his or
her principal residence;
3.
A unit in a two-family residential dwelling, where the other unit
is not occupied by the owner nor legally identified by the owner as
his or her principal residence;
4.
Two or more units in a multi-family residential dwelling, and where
one of the other units is not occupied by the owner nor legally identified
by the owner as his or her principal residence;
5.
A room within a single-family, two-family or multi-family residential
dwelling unit, where the room shares common kitchen and bathroom facilities
with the occupant(s) of the dwelling unit in which it is located,
which occupant(s) is neither the owner of the dwelling unit nor identifies
the remainder of the dwelling unit in the single-family, two-family
or multi-family residence as his or her principal residence.
6.
Two or more individual rooms within a single-family, two-family or
multi-family residential dwelling unit, where the rooms share common
kitchen and bathroom facilities with the occupant(s) of the dwelling
unit(s) in which they are located, which occupant(s) is neither the
owner of the dwelling unit nor identifies the remainder of the dwelling
unit in the single-family, two-family or multi-family residence as
his or her principal residence.
d.
Notwithstanding the prohibitions set forth in Subsections c1 through
c6 above, in the event that a property owner was eligible under, and
complied with the regulations of, the prior Summer Rental License
Ordinance (which was found at former Section 12-8 of the City Code)
during the calendar year 2017, and that owner made application for,
registered and received a valid Summer Rental License in 2017 pursuant
to the (former) Summer Rental License Ordinance, then that property
owner, if intending to apply for a short-term rental permit pursuant
to this Section, shall be exempt from the specific requirement set
forth above which mandates that the short-term rental property must
be the principal residence of the owner applying for a short-term
rental permit.
e.
The exemption and right specified in Subsection d. above, however, shall be limited and restricted only to the owner of the property that received a valid 2017 Summer Rental License, and shall not run with the land to subsequent purchasers, grantees or transferees, unless otherwise stated in Subsection g below. This exemption shall extinguish upon the occurrence of any of the following:
1.
The owner of the property allowing the expiration of the STR permit,
without having made a timely application for renewal of the permit
prior to its expiration date; or
2.
The revocation of the STR permit for any violation(s) as set forth
in this Section; or
3.
The sale or transfer of title to the property to any other individual,
or entity, whether or not any of the current owner(s) is a principal
or member in the grantee entity.
In the event of the occurrence of any of the above events, then
the property shall no longer be afforded the benefit of this exemption,
and the owner must comply with all of the requirements of this Section,
including the principal residence provision, in order to obtain a
valid STR permit.
f.
The provisions of this Section shall apply to short-term rentals as defined in § 13-1300.3 above. The following do not qualify as a privately-owned residential dwelling unit, as that term is used herein, and therefore do not need to obtain a short-term rental permit pursuant to this Section: any hotel, motel, studio hotel, rooming house, dormitory, public or private club, bed and breakfast inn, convalescent home, rest home, home for aged people, foster home, halfway house, transitional housing facility, or other similar facility operated for the care, treatment, or reintegration into society of human beings; any housing owned or controlled by an educational institution and used exclusively to house students, faculty or other employees with or without their families; any housing operated or used exclusively for religious, charitable or educational purposes; or any housing owned by a governmental agency and used to house its employees or for governmental purposes.
g.
A property
owner shall be able to transfer a legal short-term rental to family,
an estate, etc., upon death and not lose the rights vested as per
this section.
[Ord. No. 2017-40 § 13-1000.5;
amended 5-8-2019 by Ord. No. 2019-16]
a.
In addition to any land use requirement(s) set forth by the City
of Asbury Park Land Use Regulations, the owner/operator of a short-term
rental property shall obtain a short-term rental permit from the City
of Asbury Park Department of Property Improvement and Neighborhood
Preservation, before renting or advertising for rent any short-term
rental.
b.
No person or entity shall operate a STRP, or advertise a residential
property for use as a STRP, without the owner/operator of the property
first having obtained a STR permit issued by the City of Asbury Park
Department of Property Improvement and Neighborhood Preservation.
The failure to obtain a valid STR permit prior to advertising the
short-term rental property in any print, digital, or internet advertisement
or web-based platform, and/or in the MLS or any realtor's property
listing shall be a violation of this Section. No STR permit issued
under this Section may be transferred or assigned or used by any person
or entity, other than the owner to whom it is issued, or at any property
location or dwelling unit other than the property for which it is
issued.
c.
An owner of property intended to serve as a short-term rental property,
as defined herein, or any agent acting on behalf of the owner, shall
submit to the City of Asbury Park Department of Property Improvement
and Neighborhood Preservation, a short-term rental permit application
provided by the City, along with an annual application/registration
fee of $500. Said fee shall be non-refundable, including in the event
that the application is denied. The fee shall also constitute the
required fee for the rental Certificate of Occupancy application,
referenced below.
d.
The short-term rental permit, if granted, shall be valid for a period
of one year from the date of issuance.
e.
The owner of a short-term rental property, as defined herein, or
any agent acting on behalf of the owner, who intends to rent all of
the property, or any permitted part thereof as a short-term rental,
shall also make application to the Department of Property Improvement
and Neighborhood Preservation, in conjunction with the short-term
rental permit application, for the issuance of a rental Certificate
of Occupancy for the short-term rental property, on such forms as
required by that Department.
f.
A short-term rental permit and rental Certificate of Occupancy shall
be renewed on an annual basis, based upon the anniversary of the original
permit issuance, by submitting to the Department of Property Improvement
and Neighborhood Preservation, a short-term rental permit application
and rental Certificate of Occupancy application and a renewal registration
fee of $100. A reinspection fee of $85 shall apply for each failed
reinspection.
g.
The short-term rental permit shall expire automatically when the
short-term rental property changes ownership, and a new initial application
and first-time registration fee will be required in the event that
the new owner intends to use the property as a short-term rental property.
A new application and first-time registration fee shall also be required
for any short-term rental that had its short term rental permit revoked
or suspended.
[Ord. No. 2017-40 § 13-1000.6;
amended 5-8-2019 by Ord. No. 2019-16; 3-13-2024 by Ord. No. 2024-4; 5-8-2024 by Ord. No. 2024-14]
a.
Applicants for a short-term rental permit shall submit, on an annual basis, an application for a short-term rental permit to the City of Asbury Park Department of Property Improvement and Neighborhood Preservation. The application shall be furnished, under oath, on a form specified by the City Manager, accompanied by the non-refundable application fee as set forth in Subsection 13-1300.5 above. Such application shall include:
1.
The name, address, telephone number and email address of the owner(s)
of record of the dwelling unit for which a permit is sought. If such
owner is not a natural person, the application must include and identify
the names of all partners, officers and/or directors of any such entity,
and the personal contact information, including address, telephone
numbers as well as email address for each of them;
2.
The address of the unit to be used as a short-term rental;
3.
A copy of the driver's license or state identification card of the
owner of the short-term rental property, confirming, as set forth
in this section, that the property is the principal residence, as
that term is defined herein, of the owner making application for the
STR permit. In addition, the applicant must provide:
(a)
A copy of applicant’s front page of the Federal 1040 tax return
where the tax identification number and financial information has
been redacted or made illegible (past immediate two years for initial
permit applications; the immediate past year for renewals).
(b)
A copy the applicant’s bank statement with account numbers
redacted from the past three months showing the applicant’s
address.
4.
The owner's sworn acknowledgement that they comply with the requirement that the short-term rental property constitutes the owner's principal residence, as defined in Subsection 13-1300.3 above, or that the owner is entitled to an exemption from that requirement as set forth in Subsection 13-1300.4d above;
5.
The name, address, telephone number and email address of the short-term
rental property agent, which shall constitute his or her 7 day a week,
24- hour a day contact information;
6.
The name, address, telephone number and email address of the short-term
rental property responsible party, which shall constitute his or her
7 day a week, 24-hour a day contact information;
7.
The owner's sworn acknowledgement that he or she has received a copy
of this Section, has reviewed it, understands its requirements and
certifies, under oath, as to the accuracy of all information provided
in the permit application;
8.
The number and location of all parking spaces available to the premises,
which shall include the number of legal off-street parking spaces
and on-street parking spaces directly adjacent to the premises. The
owner shall certify that every effort will be made to avoid and/or
mitigate issues with on-street parking in the neighborhood in which
the short-term rental is located, resulting from excessive vehicles
generated by the short-term rental of the property, in order to avoid
a shortage of parking for residents in the surrounding neighborhood;
9.
The owner's agreement that all renters of the short-term rental property
shall be limited to one (1) vehicle per two occupants in the short-term
rental property;
10.
The owner's agreement to use his or her best efforts to assure
that use of the premises by all transient occupants will not disrupt
the neighborhood, and will not interfere with the rights of neighboring
property owners to the quiet enjoyment of their properties; and
11.
Any other information that this Section requires a property
owner to provide to the City in connection with an application for
a rental certificate of occupancy. The City Manager or their designee
shall have the authority to obtain additional information from the
STRP owner/applicant or amend the permit application to require additional
information, as necessary, to achieve the objectives of this Section.
12.
The owner’s agreement to provide upon request full access
to their online listing provider to affirm and validate compliance
with this Section. Failure to comply with this request may result
in suspension or permanent revocation of the STRP.
b.
Every application for a short-term rental permit shall require annual
inspections for the STRP's compliance with the City's fire safety
regulations and Property Maintenance Code. In addition, each application
is subject to review to verify the STRP's eligibility for use as a
short-term rental and compliance with the regulations in this section.
Failure to abate any outstanding violations prior to occupancy can
result in a summons.
c.
For a condominium short-term rental permit application, a letter
of approval by the condominium association must be submitted with
the application.
d.
A zoning permit, which states that the premises are not being occupied
or used in violation of the City's Land Use Regulations and Zoning
Ordinance, shall be required.
e.
A sworn statement shall be required that there have been no prior
revocations or suspensions of this or a similar license, in which
event a license shall not be issued, which denial may be appealed
as provided hereinafter.
f.
Attached to and concurrent with submission of the permit application
described in this Section, the owner shall provide:
1.
Proof of the owner's current ownership of the short-term rental unit;
2.
Proof of general liability insurance in a minimum amount of $500,000;
and
3.
Written certifications from the short-term rental property agent
and responsible party that they agree to perform all of the respective
duties specified in this Section.
g.
The STRP owner/permit holder shall publish the short-term rental
permit number issued by the City in every print, digital, or internet
advertisement, and/or in the Multiple Listing Service (hereinafter
"MLS") or other real estate listing of a real estate agent licensed
by the NJ State Real Estate Commission, in which the short-term rental
property is advertised for rent on a short term basis.
h.
Each and every time there is a change of occupancy by transient occupants
during the year when the permit is active, the STRP owner, or short-term
rental property agent must provide the City with information as to
the identity of all transient occupants who will be occupying the
STRP, on a form to be made available by the Department of Property
Improvement and Neighborhood Preservation or in electronic format
on the City website. The intent is that the City shall have basic
identifying information of all occupants of the STRP at all times,
just as required by the City in conjunction with any standard rental
Certificate of Occupancy application, which information shall include
the occupant's or occupants' names and ages, and the dates of the
commencement and expiration of the term of each short-term rental
period of the respective occupant(s).
i.
In no event shall a short-term rental property be rented to anyone
younger than twenty-one (21) years of age. The primary occupant of
all short-term rentals executing the agreement between the owner and
the occupant must be over the age of twenty-one (21), and must be
the party who will actually occupy the property during the term of
the short-term rental. The primary occupant may have guests under
the age of twenty-one (21) who will share and occupy the property
with them. Both the primary occupant executing the short-term rental
agreement and the STRP owner shall be responsible for compliance with
this provision, and shall both be liable for a violation, where the
property is not occupied by at least one adult over the age of twenty-one,
during the term of the short term rental;
j.
The
City Manager or their designee may waive irregularities within this
Section upon its implementation.
[Ord. No. 2017-40 § 13-1000.7;
amended 5-8-2019 by Ord. No. 2019-16; 3-13-2024 by Ord. No. 2024-4]
a.
Once an application is submitted, complete with all required information
and documentation and fees, the Department of Property Improvement
and Neighborhood Preservation, following any necessary investigation
for compliance with this Section, shall either issue the short-term
rental permit and Certificate of Occupancy, or issue a written denial
of the permit application (with the reasons for such denial being
stated therein), within ten (10) business days.
b.
If denied, the applicant shall have ten (10) business days to appeal
in writing to the City Manager, by filing the appeal with the City
Manager's Office.
c.
Within thirty (30) days thereafter, the City Manager or their designee
shall hear and decide the appeal. Any further appeal thereafter shall
be made to the Superior Court of New Jersey.
d.
A permit
shall only be issued after all outstanding violations have been abated.
[Ord. No. 2017-40 § 13-1000.8;
amended 3-13-2024 by Ord. No. 2024-4]
a.
All short-term rentals must comply with all applicable rules, regulations
and ordinances of the City of Asbury Park and all applicable rules,
regulations and statutes of the State of New Jersey, including regulations
governing such lodging uses, as applicable. The STRP owner shall ensure
that the short-term rental is used in a manner that complies with
all applicable laws, rules and regulations pertaining to the use and
occupancy of a short term rental.
b.
A dwelling unit shall be limited to a single short-term rental contract
at a time.
c.
The owner of a STRP shall not install any advertising or identifying
mechanisms, such as signage, including lawn signage, identifying the
property for rent as a short-term rental property.
d.
Transient occupants of the STRP shall comply with all ordinances
of the City of Asbury Park including, but not limited to those ordinances
regulating noise and nuisance conduct. Failure of transient occupants
to comply shall subject the transient occupants, the owner of the
STRP, the Responsible Party and the Short-Term Rental Agent listed
in the short term rental permit application, to the issuance of fines
and/or penalties, and the possibility of the revocation or suspension
of the STRP permit.
e.
The owner of a STRP shall post the following information in a prominent
location within the short term rental:
1.
Owner name; if owner is an entity, the name of a principal in the
entity, and phone number for the owner (individual);
2.
The names and phone numbers for the Responsible Party and the Short-Term
Rental Agent (as those terms are defined in this Section);
3.
The phone numbers for the Asbury Park Police Department, the Asbury
Park Fire Department, the City of Asbury Park Department of Code Enforcement
and the City of Asbury Park Department of Property Improvement and
Neighborhood Preservation;
4.
The maximum number of parking spaces available on site;
5.
Trash and recycling pick-up day, and all applicable rules and regulations
regarding trash disposal and recycling;
6.
A copy of the City of Asbury Park Animal House Ordinance and this
Section; and
7.
Notification that a guest, Transient Occupant, the Short-Term Rental
Property Agent, the Responsible Party or STRP owner may be cited or
fined by the City of Asbury Park Police Department or the City of
Asbury Park Department of Property Improvement and Neighborhood Preservation,
for violations of, and in accordance with any applicable Ordinance(s)
of the City of Asbury Park;
f.
In the event any complaints are received by the Asbury Park Police
Department or the Department of Property Improvement and Neighborhood
Preservation regarding the short-term rental and/or the Transient
Occupants in the STRP, and the owner of the STRP is unreachable or
unresponsive, both the Responsible Party and the Short-Term Rental
Agent listed in the short-term rental permit application shall have
the responsibility to take any action required to properly resolve
such complaints, and shall be authorized by the STRP owner to do so.
g.
While a STRP is rented, the owner, the Short-Term Rental Agent, or
the Responsible Party shall be available twenty-four hours per day,
seven days per week for the purpose of responding within two (2) hours
to complaints regarding the condition of the STRP premises, maintenance
of the STRP premises, operation of the STRP, or conduct of the guests
at the STRP, or nuisance complaints from the Asbury Park Police Department
or neighbors, arising by virtue of the short-term rental of the property.
h.
If the STRP is the subject of two (2) or more substantiated civil
and/or criminal complaints, the City Manager or their designee may
revoke the short-term rental permit issued for the property, in which
case, the STRP may not be the subject of a new STRP permit application
for one (1) year following the date of revocation of the permit.
i.
Failure to make application for, and to obtain the issuance of, a
short-term rental permit prior to advertising the STRP in print publications
or newspapers, on any internet-based booking platforms, or online,
and/or in the MLS or other real estate listing of a real estate agent
licensed by the NJ State Real Estate Commission, shall be equivalent
to operation of the STRP without a permit, and shall constitute a
violation of this Code, and will result in enforcement action and
the issuance of a Summons, and shall subject the STRP owner, the Short-Term
Rental Agent, and the Responsible Party to issuance of fines and/or
penalties.
j.
The person offering a dwelling unit for short-term rental use must
be the owner of the dwelling unit. A tenant of a property may not
apply for a short-term rental permit, nor shall the property or any
portion thereof be sub-leased by the tenant on a short-term basis,
or operated as a STRP by the tenant. This STRP regulation shall supersede
any conflicting provision in a private lease agreement permitting
sub-leasing of the property, or any portion of the property. Violation
of this Section will result in enforcement action against the tenant,
the STRP owner, the Short Term Rental Agent, and the Responsible Party,
and will subject all such parties to the issuance of a Summons and
levying of fines and/or penalties.
k.
In the event that the City receives three (3) substantiated complaints
concerning excessive vehicles belonging to the transient occupants
of a STRP, the short-term rental permit for the property is subject
to suspension or revocation by the City Manager or their designee.
Short-term rental permit holders shall not operate under the terms
of this Section during a period of suspension or revocation until
such time as the period of suspension or revocation has ended, and
the STRP owner is formally notified that they may resume operation.
Any appeal of the City Manager’s determination to suspend or
revoke a short-term rental permit shall be made to the Superior Court
of New Jersey.
l.
The STRP owner must be current with all tax and sewer charges assessed
to the property prior to the issuance of a short-term rental permit.
In the event that any code violations have been issued by the City
relating to the STRP, a short-term rental permit shall not be issued
until such time as such violations have been properly abated. The
STRP owner must also close any open construction permits for the property
prior to the issuance of a short-term rental permit.
m.
All fines or penalties issued by the Municipal Court for the City
of Asbury Park for any past code violations relating to the STRP,
including penalties for failure to appear in Court, must be satisfied
in full prior to the issuance of a short-term rental permit.
[Ord. No. 2017-40 § 13-1000.9;
amended 5-8-2019 by Ord. No. 2019-16]
a.
A violation of any provision of the within section may subject the
STRP owner, transient occupant(s), the short-term property rental
agent, and the responsible party or their agents to fines assessed
by the Court up to $2,000 per violation, per day that the violation
exists.
b.
Any ordinances or parts thereof inconsistent herewith shall be amended
and supplemented to conform to the provisions contained herein.
c.
If any part of this section is declared unconstitutional or illegal
by any court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
d.
This section shall take effect upon final passage and publication
in accordance with the laws of the State of New Jersey, following
the required twenty-day period after adoption, as set forth in N.J.S.A.
40:69A-181(b).
